Attachment C - VPC Summaries - Z-3-22-3.pdf

City of Phoenix — Formal (2022-10-12)

Extracted text (via pymupdf) 13933 characters

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Village Planning Committee Meeting Summary
Z-3-22-3
Date of VPC Meeting
August 11, 2022
Request From
C-2 and C-2 HGT/WVR DNS/WVR
Request To
PUD
Proposed Use
Multifamily residential
Location
175 feet north of the northwest corner of 12th Street and
Greenway Parkway
VPC Recommendation
Approval, per the staff recommendation with additional
stipulations
VPC Vote
11-0
VPC DISCUSSION
Four members of the public spoke in opposition to the item and one member of the
public spoke in support of this item.
STAFF PRESENTATION
Racelle Escolar, staff, provided an overview of the request including the location of the
request, existing and proposed zoning districts and surrounding land uses. Ms. Escolar
displayed the site plan and elevations for the multifamily project and described
community input received. Ms. Escolar shared the staff findings and stated that staff
recommends approval subject to stipulations.
APPLICANT PRESENTATION
Nick Wood, with Snell & Wilmer LLP, introduced himself on behalf of the applicant,
Embry. Mr. Wood displayed the subject site and informed the committee that the
request reduces both the height and number of uses that is currently allowed on the
site. Mr. Wood shared that the applicant has received nine letters of opposition, 190
written letters of support, and 51 verbal positions of support. Mr. Wood detailed the
project site plan, development standards, and conceptual renderings. Mr. Wood
shared that the applicant wished to add two stipulations, one regarding cleanup of the
wash corridor directly to the south of the site and a second one regrading the installation
of grates for flood control.
Attachment C

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
QUESTIONS FROM THE COMMMITTE:
Ozzie Virgil asked about grading and drainage on the site. Mr. Wood replied that he
was uncertain of existing grading issues though onsite retention would be required for
the issuance of a grading permit.

Trilese DiLeo asked if this project was under the same ownership as the previous
rezoning case on the site which proposed an assisted living facility. Mr. Wood
confirmed that he was familiar with the previous rezoning case, though he was not
certain if this request came from the same property owner because the property was to
be sold upon rezoning approval.

Trilese DiLeo asked about the installation of a traffic light at 12th Street. Mr. Wood
informed the Committee that the submitted traffic study does warrant a traffic light at
12th Street and Greenway.

Ricardo Romero asked if the project would need a variance for height. Mr. Wood
displayed the existing zoning and clarified that the PUD as proposed would limit the site
to multifamily use at a height lower than what was previously approved.

Mr. Romero mentioned opposition to height and density and pointed out a project to the
east of the site that was three stories in height and asked Mr. Wood to address these
concerns. Mr. Wood shared that the letters of opposition received were in fact on the
grounds of height, but that the applicant had assured community members that the
proposal was lower in height than the previously approved project from 2017. Mr. Wood
also relayed the project’s unit mix and parking provisions, as well the significant
distance from the nearest single-family homes. Mr. Romero shared that he is familiar
with the area, echoes the need for a traffic light, and grateful for the stipulation
regarding cleanup of the wash.

Mark Lewis echoed Mr. Romero’s comments about vehicle speed and the need for a
traffic light at 12th Street as he is also familiar with the area. Mr. Lewis asked if there
would be access to the site via 12th Street; Mr. Wood affirmed that there would not be
vehicular access at 12th Street. Mr. Lewis asked if the 48-feet height including the
parking garage; Mr. Wood affirmed this. Mr. Lewis asked about the estimated rents for
the units; Mr. Wood informed the committee that the units would range from $1,600-
$2,900 a month in rent.

Trilese DiLeo asked how many units were in the multifamily complex adjacent to the
east. Ricardo Romero responded with 270 units.

PUBLIC COMMENT
Sid Bailey introduced himself as a neighborhood of Greentrails HOA to the south of the
project. Mr. Bailey shared that he had collected 80 signatures for a petition an
opposition of the project that were submitted to the Village Planner and Council District
3. Mr. Bailey believes that the project was misrepresented and that most of the
members of his HOA oppose the project. Mr. Bailey expressed serious concerns for
the increase in traffic and density as the area is already congested, as well as concerns
for vandalism and increased foot traffic in the neighborhood he represents.

Dennis Rucker introduced himself as a neighbor also in the Greentrails HOA. Mr.
Rucker expressed his opposition on the grounds of increased noise and crime he has

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
seen in a nearby multifamily development. Mr. Rucker encourage the committee to
take the neighbors point of view into consideration.
Committee Member Mark Lewis shared that he lives nearby in the Moon Valley area
and that he is familiar with some of the crime and homelessness that occurs in the
wash. Mr. Lewis stated that he believes the development as proposed will rather
alleviate these issues in the area given their agreement to quarterly cleanup of the
wash, and that the wash and amenity areas make for a substantial buffer between the
single-family residential and the proposed project.
Enza Ciolino introduced herself as the owner of a retail development to the north of the
project, describing ongoing issues with homelessness and substance abuse that have
been seen in the area. Mrs. Ciolino shared that the developer has worked closely with
the property owners and that the residential use will help upgrade the area and alleviate
some of the issues they have seen therefore she is in support of the project.
Carol McCaig introduced herself as a resident of Greentrails and echoed the comments
of Mr. Bailey. Ms. McCaig expressed her concern about increased traffic and her
opposition to the traffic light being proposed at 12th Street as well as her opposition to
the density as it relates to traffic congestion. Ms. McCaig stated that she was not
informed of the rezoning request by the applicant.
Sarah Gagnon introduced herself as a neighbor in opposition of the request. Ms.
Gagnon believes that the project will exacerbate congestion and car accidents in the
area, as well as safety concerns after incidents in the nearby park.
APPLICANT RESPONSE
Mr. Wood addressed the issue of notification of property owners by displaying a map
showing distances from the subject site stating that owners within a 700-foot radius
were contacted as well as neighborhood associations within a mile of the subject site.
Mr. Wood stated that the future traffic signal will rather alleviate the concerns of
speeding and traffic accidents on Greenway Parkway. Mr. Wood reiterated the
agreement to cleanup and the need for multifamily housing along major arterials.
FLOOR/PUBLIC DISCUSSION CLOSED
Racelle Escolar, staff, requested clarification from the applicant regarding their last-
minute stipulation additions, specifically one in which a grate would be installed in the
culvert under 7th Street. Mr. Wood clarified that the grate serves to control water flow
and not pedestrian access.
MOTION
Will Novak made a motion to approve Z-3-22-3, per the staff recommendation with
additional stipulations as requested by the applicant. James Sutphen seconded.
VOTE
11-0; Motion to approve Z-3-22-3 per the staff recommendation with additional
stipulations passed with Committee Members Davenport, DiLeo, Field, Herber, Lewis,
Novak, Romero, Sutphen, Virgil, Kenney, and Grossman in support.

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
RECOMMENDED STIPULATIONS
1.
An updated Development Narrative for the 12th and Greenway 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
request. The updated Development Narrative shall be consistent with the
Development Narrative date stamped July 21, 2022, as modified by the
following stipulations:
a.
Front Cover: Remove “Submittal” dates and revise to add the following:
City Council adopted: [Add adoption date].
b.
Page 10, Development Standards, D1:Development Standards Table,
Section D1.e Maximum Building Height: Update the header to, “Starting
from the West Property Line”.
2.
The developer shall replenish the existing median island along Greenway
Parkway with trees, as approved by the Street Transportation Department. The
developer will be responsible for submitting median island landscape drawings
separately to the Street Transportation Department for review and approval.
Coordinate submission with Erik Wilson, Horticulturist, at 602-534-9898 or
erik.wilson@phoenix.gov.
3.
The developer shall dedicate a sidewalk easement for any streetscape area
that falls outside of dedicated right-of-way, as approved by the Planning and
Development Department.
4.
The applicant shall submit a Traffic Impact Study to the City for this
development. The TIS shall include signal warrant analysis for the intersection
of 12th Street and Greenway Parkway. The developer shall be responsible for
cost and construction of all mitigation identified through the analysis. No
preliminary approval of plans shall be granted until the study is reviewed and
approved by the Street Transportation Department.
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.
6.
The property owner shall record documents that disclose the existence, and
operational characteristics of Deer Valley 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.
7.
The developer shall provide documentation to the City prior to final site plan
approval that Form 7460-1 has been filed for the development and that the
development received a “No Hazard Determination” from the FAA. If temporary
equipment used during construction exceeds the height of the permanent
structure a separate Form 7460-1 shall be submitted to the FAA and a “No

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Hazard Determination” obtained prior to the construction start date.
8.
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.
9.
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.
10.
UPON ISSUANCE OF THE FIRST BUILDING PERMIT, AND FOR A PERIOD
OF FIVE YEARS THEREAFTER, THE DEVELOPER SHALL PROVIDE, AT
THEIR EXPENSE, A “CLEAN-UP” OF ANY LITTER AND GARBAGE IN THE
WASH CORRIDOR (LOCATED IN PUBLIC RIGHT-OF-WAY ON THE SOUTH
SIDE OF GREENWAY PARKWAY) BETWEEN 9TH STREET ON THE WEST
AND 12TH STREET ON THE EAST AT LEAST ONCE A CALENDAR
QUARTER, TO BE COORDINATED WITH THE NEIGHBORHOOD
SERVICES DEPARTMENT.
11.
UPON ISSUANCE OF THE FIRST BUILDING PERMIT, THE DEVELOPER
SHALL CONTRIBUTE FUNDS TO INSTALL GRATES (OR OTHER
APPROPRIATE PHYSICAL FEATURE) TO PREVENT ACCESS TO THE
EXISTING CULVERT CROSSING(S) UNDER 7TH STREET AT GREENWAY
PARKWAY, UP TO A MAXIMUM OF $50,000, AS APPROVED BY THE
STREET TRANSPORTATION DEPARTMENT.
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:
The Street Transportation Department needs to provide feedback on both
recommended stipulations since they are responsible for maintenance of the wash area
and the culvert.