Attachment B - Staff Report - Z-43-21-6.pdf

City of Phoenix — Formal (2021-12-01)

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Staff Report: Z-43-21-6 
September 29, 2021 
Camelback East Village Planning 
Committee Meeting Date 
October 5, 2021 
Planning Commission Hearing Date 
November 4, 2021 
Request From: 
R1-6 (0.27 acres) and R-5 (0.43 acres) 
Request To: 
R-O (0.70 acres)
Proposed Use 
Professional office
Location 
Southwest corner of 40th Place and Indian 
School Road 
Owner 
Christopher Alt and Christiana Moss 
Representative/Applicant 
Christopher Alt, Studio Ma, Inc. 
Staff Recommendation 
Approval, subject to stipulations 
General Plan Conformity 
General Plan Land Use Map Designation 
Residential 15+ dwelling units per acre 
Street Map 
Classification 
40th Place 
Local Street 
25-foot west half street
Indian School Road 
Major Arterial 
40-foot south half street
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND USE 
PRINCIPLE: Encourage land uses that promote the growth of entrepreneurs or new 
businesses in Phoenix in appropriate locations. 
The proposed development will allow for the expansion of an existing office use while 
remaining consistent with the residential scale and character of the surrounding 
neighborhood. Landscape setbacks and buffering vegetation will further help minimize the 
impact of the portion of the structure on the adjacent single-family home to the south. By 
rezoning the entirety of the site to R-O, the proposal will ensure that future development 
and land uses on the site are compatible with the residential neighborhood. 
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Staff Report: Z-43-21-6 
September 29, 2021 
Page 2 of 11 
 
 
STRENGTHEN OUR LOCAL ECONOMY CORE VALUE; LOCAL & SMALL 
BUSINESS, LAND USE PRINCIPLE: Facilitate adaptive reuse of older, 
underutilized properties to create mechanisms for new local and small 
businesses to operate, thrive and grow. 
 
The conversion of the southern property to an extension of the existing office use 
encourages the growth of a local business that is appropriately located along a major 
arterial street. 
 
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 development will provide mature shade trees along its 40th Place 
frontage, as well as throughout its surface parking lot. 
 
 
Applicable Plan, Overlays, and Initiatives 
 
Tree and Shade Master Plan – See Background Item No. 6. 
 
Complete Streets Guiding Principles – See Background Item No. 7. 
 
Comprehensive Bicycle Master Plan – See Background Item No. 8. 
 
Zero Waste PHX – See Background Item No. 9. 
 
 
Surrounding Land Uses/Zoning 
 
Land Use 
Zoning 
On Site 
Office, single-family residence 
R-5, R1-6 
North (Across Indian 
School Road) 
Restaurant, surface parking lot C-2 
South 
Single-family residence 
R1-6 
East (Across 40th 
Place) 
Single-family residences 
R1-6 
West 
Restaurant 
C-2

Staff Report: Z-43-21-6
September 29, 2021
Page 3 of 11
R-O (Residential Office)
Standards
Requirements
Provisions on the 
Proposed site Plan
Minimum Building Setbacks
Front (East)
20 feet
19 feet (east) – Not met*
Side
     (North)
     (South)
10 feet
10 feet
9.5 feet (north) – Not met**
10 feet – Met 
Rear
25 feet
57 feet (west) – Met
Landscaping
Minimum 3 feet wide landscape 
strip around principal structure
Met
5 feet required along north side
9.5 feet (north) – Met
Lot Coverage
30%
33% - Not met*  
Building Height
15 feet, plus 1 foot in height per 1
foot additional setback to a 
maximum height of 25 feet
14.2 feet – Met 
Parking
1 per 300 square feet net floor 
area (20 spaces)
20 spaces – Met
*Site Plan modification or variance required
**Denotes existing condition on the portion of the site that will not be modified during 
development.
Background/Issues/Analysis
SUBJECT SITE
1. This request is to 
rezone a 0.70-acre 
site located on the 
southwest corner of 
40th Place and 
Indian School Road
from 0.27 acres of 
R1-6 (Single-Family 
Residence District) 
and 0.43 acres of  
R-5 (Multifamily 
Residence District) 
to R-O (Residential 
Office – Restricted 
Commercial District) 
to allow an office use.
Aerial Map
Source: City of Phoenix Planning and Development Department

Staff Report: Z-43-21-6
September 29, 2021
Page 4 of 11
2. The site has a General 
Plan Land Use Map 
designation of 
Residential 15+ dwelling 
units per acre. The 
same designation exists 
on the east, west, and 
south of the site. To the 
north of the site, across 
Indian School Road, a 
Commercial General 
Plan Land Use Map 
designation exists.
The proposal is not 
consistent with the
Residential 15+ dwelling
units per acre designation. However, as the site is under 10 acres, a General Plan 
Amendment is not required.
EXISTING CONDITIONS & SURROUNDING ZONING
3. The site is currently 
zoned R1-6 (Single-
Family Residence 
District) and R-5 
(Multifamily Residence 
District). The existing 
office building is located 
on the northern portion 
of the site, which has 
the multifamily zoning
but allows professional 
office use. The single-
family portion of the 
property to the south will 
be redeveloped to 
expand the footprint of 
the office building.
g
General Plan Land Use Map
Source: City of Phoenix Planning and Development Department
Zoning Map
Source: City of Phoenix Planning and Development Department

Staff Report: Z-43-21-6
September 29, 2021
Page 5 of 11
The residential
neighborhood to the
south of the site is
Zoned R1-6 (Single-Family 
Residence District). To the 
east, cross 40th Place, is a
professional office and more 
single-family residences 
zoned R1-6 (Single-Family 
Residence District) and R-5 
(Multifamily Residence 
District) where adjacent to 
Indian School Road.
To the west of the site is a 
restaurant zoned C-2 
(Intermediate Commercial 
District). North of the site, 
across Indian School Road, 
are a restaurant and a 
surface parking lot also zoned 
C-2 (Intermediate 
Commercial District)
The proposal to rezone the 
entirety of the site, including 
the portion that includes the 
                                                                                     existing office building, to R-O 
will provide an appropriate transition from the commercial uses present along Indian 
School Road to the residential neighborhood on 40th Place.
4. The proposed site plan depicts an existing office building on the northern portion of 
the site (labeled “Lot 1”) and the proposed expansion into the new southern parcel 
(labeled “Lot 2”). Conditions on Lot 1 are not changed with this proposal, and all 
development activity is proposed on the southernmost parcel. The proposal 
consists of a building addition to the existing office structure, expanding the building 
footprint by 3,293 square feet, new landscaping areas along 40th Place and the 
new southern perimeter property line, and an expansion of the surface parking area 
on the southwestern portion of the site.
Current Site Conditions

Staff Report: Z-43-21-6
September 29, 2021
Page 6 of 11
The existing building setbacks along Indian School Road and along 40th Place do 
not meet the development standards set forth in the Zoning Ordinance, and, as the 
proposal is to simply extend the existing building, staff is not recommending general 
conformance with the site plan. The building expansion will be consistent in scale 
and character with the existing office building, with the same building setback along 
40th Place being extended south to the new parcel. This setback area will be 
planted with similar vegetation as the existing property, which also complies with 
staff’s recommendation for robust tree, shrub, and groundcover plantings listed in 
Stipulation No. 3. The new portion of the building will also be set back 10 feet from
the southern perimeter property line, where the property is directly adjacent to a 
single-family residence. Staff recommends that this area be planted with minimum 
2-inch caliper trees placed 20 feet on center to achieve a vegetative buffer area 
between the project and the home to the south. This is addressed in Stipulation No. 
4.
Vehicular access will be provided solely from Indian School Road to discourage 
visitor circulation and parking on 40th Place. This is also recommended by staff in 
Stipulation No. 2. Vehicular circulation is planned to occur in the surface parking 
ting building setbacks along Indian School Road and along 40
Proposed Site Plan
Source: Studio Ma

Staff Report: Z-43-21-6
September 29, 2021
Page 7 of 11
area on the western portion of the site, where there is an existing parking area on 
the northern portion, and where a new parking area will be constructed on the 
southern portion. This new parking area is proposed to be constructed of 
permeable paving material to aid in stormwater permeation and reduce the urban 
heat island effect. To further help provide a thermally comfortable surface area, 
staff is recommending that the parking area be shaded to 25 percent with minimum 
2-inch caliper trees dispersed through the parking area. This is addressed in 
Stipulation No. 5 and only applies to the new parking area on the new southern 
portion of the site.
Although no signage is currently proposed, a stipulation prohibiting internally lit 
signs is recommended to help maintain the residential character of the area.  This is 
addressed in Stipulation No. 6
5. The proposed conceptual building elevations depict a one-story office building with 
a modern wood slat design consistent with the current condition of the existing 
building (see Current Site Conditions exhibit on Page 5 of this staff report). The 
design will be extended south to the new parcel and will be of a compatible scale to 
the adjacent single-family residential neighborhood.
AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
6. 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 
Proposed Building Elevations
Source: Studio Ma

Staff Report: Z-43-21-6 
September 29, 2021 
Page 8 of 11 
 
 
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 is recommending robust tree plantings along the 
southern and east landscape setbacks, as well as dispersed throughout the new 
parking area. These are addressed in Stipulation Nos. 3, 4, and 5. Further, the 
northern portion of the site where the existing building sits has been previously 
landscaped to provide trees, shrubs, and live groundcover. 
 
 
7. 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. The development shall provide 
accessible pedestrian connectivity to the sidewalk on Indian School Road and 
bicycle parking near the building entrance, per Stipulation Nos. 7 and 8. 
 
 
8. 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 proposal incorporates requirements for bicycle parking that follows standards 
set forth in the Walkable Urban Code, which is the city’s form-based zoning code 
intended to enhance the pedestrian realm and encourage multi-modal 
transportation. This is addressed in Stipulation No. 7. 
 
 
9. 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 development will continue to utilize regular trash and 
recycling collection. 
 
 
COMMUNITY INPUT SUMMARY 
10. At the time this staff report was written, staff received one inquiry regarding 
changing the rezoning request and one letter in opposition citing concerns with 
compatibility and overflow parking in the neighborhood. 
 
 
INTERDEPARTMENTAL COMMENTS 
11. The Public Transit Department has requested that the developer provide clearly 
defined, accessible pathways that connect all building entrances and exits, and 
public sidewalks, and, where pedestrian paths cross drive aisles, that they be 
constructed of materials that visually contrast with parking and drive aisle surfaces.

Staff Report: Z-43-21-6 
September 29, 2021 
Page 9 of 11 
 
 
 
Findings 
 
1. 
The proposal will provide an appropriate transition between a major arterial street 
and an established single-family neighborhood. 
 
 
2. 
The proposal will provide an opportunity for an existing small business located on a 
major arterial street to expand in the Camelback East area and serve the 
surrounding neighborhood. 
 
 
3. 
The proposal is compatible in scale and character with the surrounding 
neighborhood and will provide an appropriate land use transition from the 
commercial uses along Indian School Road 
 
Stipulations 
 
1. 
The development shall be in general conformance with the elevations date stamped 
June 25, 2021, with specific regard to the following and as approved by the Planning 
and Development Department. 
 
 
 
a. 
That there be a maximum building height of one story and 15 feet. 
 
 
2. 
There shall be no vehicular access from 40th Place. 
 
 
These are addressed in Stipulation Nos. 8 and 9.  
 
 
12. The Street Transportation Department has required that all streets be constructed 
with all required improvements and comply with current ADA standards. This is 
addressed in Stipulation No. 10. 
 
 
OTHER 
13. The site has not been identified as being archaeologically sensitive. However, in the 
event archaeological materials are encountered during construction, all ground 
disturbing activities must cease within 33 feet 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. 11. 
 
 
14. 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-43-21-6 
September 29, 2021 
Page 10 of 11 
 
 
3. 
The required landscape setback along 40th Place 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 4-inch 
caliper and 75 percent of the trees shall be minimum 3-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. 
The required landscape setback along the southern portion of the site shall be 
planted with minimum 2-inch caliper shade trees placed 20 feet on center or in 
equivalent groupings, as approved by the Planning and Development Department. 
 
 
5. 
All uncovered surface parking lot areas located within the southern 65 feet of the site 
shall be landscaped with a minimum 2-inch caliper drought-tolerant shade trees. 
Landscaping shall be dispersed throughout the parking area and achieve 25 percent 
shade at maturity, as approved or modified by Planning and Development 
Department. 
 
 
6. 
There shall be no internally lit signs on the site. Signage shall be approved by the 
Planning and Development Department. 
 
 
7. 
A minimum of four bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near building entrances 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. 
 
 
8. 
Clearly defined, accessible pedestrian pathways shall be provided to connect building 
entrances 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. 
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. 
 
 
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.

Staff Report: Z-43-21-6 
September 29, 2021 
Page 11 of 11 
 
 
Writer 
Sofia Mastikhina 
September 16, 2021 
 
Team Leader 
Samantha Keating 
 
Exhibits 
Sketch Map 
Aerial 
Site plan date stamped June 25, 2021 (1 page) 
Elevations date stamped June 25, 2021 (2 pages) 
Community correspondence (3 pages)

Z-SP-3-81
*
*
R-5
C-2
R1-6
R-4
C-2
C-2
R-3A
INDIAN SCHOOL RD
40TH PL
40TH ST
7TH ST
24TH ST
40TH ST
32ND ST
16TH ST
BETHANY HOME RD
NORTHERN AVE
GLENDALE AVE
CAMELBACK RD
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: 6
I
APPLICANT'S NAME:
APPLICATION NO.
Z-43-21
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
0.70 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
R-5, R1-6
R-O
CONVENTIONAL OPTION
18, 1
1/development
*   UNITS P.R.D. OPTION
22, 2
N/A
Christopher Alt, Studio Ma, Inc
DATE:
9/8/2021
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 16-37
ZONING MAP
H-10
REQUESTED CHANGE:
FROM: R-5 ( 0.43 a.c.)
R1-6 ( 0.27 a.c.)
TO:
R-O ( 0.70 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-43-21.mxd
Z-43-21
0.02
0
0.02
0.01
Miles

Z-SP-3-81
*
*
R-5
C-2
R1-6
R-4
C-2
C-2
R-3A
INDIAN SCHOOL RD
40TH PL
40TH ST
7TH ST
24TH ST
40TH ST
32ND ST
16TH ST
BETHANY HOME RD
NORTHERN AVE
GLENDALE AVE
CAMELBACK RD
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: 6
I
APPLICANT'S NAME:
APPLICATION NO.
Z-43-21
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
0.70 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
R-5, R1-6
R-O
CONVENTIONAL OPTION
18, 1
1/development
*   UNITS P.R.D. OPTION
22, 2
N/A
Christopher Alt, Studio Ma, Inc
DATE:
9/8/2021
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 16-37
ZONING MAP
H-10
REQUESTED CHANGE:
FROM: R-5 ( 0.43 a.c.)
R1-6 ( 0.27 a.c.)
TO:
R-O ( 0.70 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-43-21.mxd
Z-43-21
0.02
0
0.02
0.01
Miles

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1
Sofia Mastikhina
From:
Crystal DeVelis <xtalphx@msn.com>
Sent:
Wednesday, August 11, 2021 11:12 AM
To:
Sofia Mastikhina
Subject:
Zoning case Z-43-21, 4048 North 40th Place
Follow Up Flag:
Follow up
Flag Status:
Completed
The above case has come to my attention as a nearby interested neighbor. 
 
I fail to understand why the applicant is seeking an R5 designation.  Is it just to match the existing 
property?  This is to be an office expansion and while I believe the applicant's motives are good, zoning changes
are forever and this would leave the property vulnerable to future multifamily development within a single-
family neighborhood.  Would it be any more difficult or costly for the applicants to have both properties zoned 
R-O?  That would allow their expansion but not jeopardize the neighborhood should ownership change. 
 
Thank you for reading. 
 
-- Crystal DeVelis 
4351 E. Whitton Ave. 
Phoenix, AZ  85018

Reference- 
Case No.: Z-43-21 
Address: 4048 North 40th Place 
Phoenix, AZ 85018 
August 25, 2021 
 
 
City of Phoenix Planning & Development Department, 
Attn: Sofia Mastikhina 
 
We are writing to you to share our concerns with case number Z-43-21. As homeowners who live 
directly east of proposed expansion we are opposed to having additional commercial parcels infiltrate 
our neighborhood. After attending the August 12th, 2021 neighborhood meeting we are following up 
accordingly. Below are a series of our concerns.  
x 
The proposed plan calls for a community garden. Due to the area we feel this has safety 
concerns and will attract nomadic citizens. Recently we had package theft in the middle of a 
weekend day. We feel that a community garden would increase foot traffic and lead to 
additional theft, possible property damage and decrease the feel of a quiet neighborhood 
located in a cul-de-sac. Please reference Complaint No.: 100483610 & Incident No.: 
202100001160432 with the City Prosecutor’s Office.  
x 
The proposed plan is inconsistent with other streets/communities in the area in which most 
have one parcel of commercial zoning whereas this would create two on the west side & only 
one of the east side. If allowed to rezone, we feel it would not stop there as opportunities to 
continue to infiltrate the neighborhood would be allowed diminishing the community.  
x 
The proposed plan is removing a potential new home buyer or rental home. As housing 
affordability & rental affordability continues to rise we feel that keeping the residence at 4048 
40th place is best for the citizens in our community as potential future citizens.  
x 
The parking proposal calls for seven addition spots for a total of 20, 13 of which are existing. 
During the meeting on August 12th Studio MA ownership & team members stated that they are 
looking to expand 12-13 employees in the future adding to their current of 12 employees which 
does not require enough parking spots for each team member. One of these parking spots is 
designated handicap. The result would be parking on the street which creates issues for 
services, safety issues for children in the area and contributes to the local restaurant overflow 
parking that invades our neighborhood most evenings.  
 
In closing we strongly disagree with the rezoning in our neighborhood and would like to understand 
what steps to ensure our voice is heard based on the above concerns.

Amber Skoog & Matthew Reyhons 
Residents of 4041 North 40th Place