Attachment E - PC Summary - Z-3-22-3.pdf

REPORT OF PLANNING COMMISSION ACTION 
September 1, 2022 
ITEM NO: 13 
DISTRICT NO.: 3
SUBJECT:
Application #: 
Z-3-22-3 (12th & Greenway PUD)
Location: 
Approximately 175 feet north of the northwest corner of 12th Street and 
Greenway Parkway 
From: 
C-2 and C-2 HGT/WVR DNS/WVR
To:
PUD 
Acreage:
9.50 
Proposal: 
PUD to allow multifamily residential 
Applicant: 
Nick Wood, Esq., Snell & Wilmer, LLP 
Owner: 
Donald Valk 
Representative: 
Nick Wood, Esq., Snell & Wilmer, LLP 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Deer Valley 4/14/2022 Information only.  
Deer Valley 8/11/2022 Approval, per the staff recommendation with additional stipulations. 
Vote: 11-0.  
Planning Commission Recommendation: Approval, per the staff memo dated September 1, 
2022. 
Motion Discussion: N/A 
Motion details: Commissioner Gaynor made a MOTION to approve Z-3-22-3, per the staff 
memo dated September 1, 2022.  
 
Maker: Gaynor 
Second: Vice Chair Mangum 
 
Vote: 7-0 
Absent: Busching and Simon 
 
Opposition Present: No 
Findings: 
1.
The request is consistent with General Plan Land Use Map designation and several
General Plan goals and principles.
2.
The proposed development is appropriate at this location and is consistent with the
scale and existing uses in the surrounding area.
ATTACHMENT E

3. 
The proposal will provide residential development on an underutilized parcel and will 
facilitate pedestrian-oriented design and promote a safer walking environment. 
 
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 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.   
 
PRIOR TO FINAL SITE PLAN APPROVAL, THE DEVELOPER SHALL COMPLETE 
AN AGREEMENT/CONTRACT WITH THE STREET TRANSPORTATION 
DEPARTMENT TO FACILITATE CLEAN-UP OF THE WASH CORRIDOR LOCATED 
IN THE AREA SOUTH OF GREENWAY PARKWAY, FROM THE 9TH STREET TO 
THE 12TH STREET ALIGNMENTS, AT THE DEVELOPER’S EXPENSE FOR A 
MINIMUM OF FIVE YEARS, AS MODIFIED AND APPROVED BY THE STREET 
TRANSPORTATION 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. 
 
PRIOR TO FINAL SITE PLAN APPROVAL, THE DEVELOPER SHALL COMPLETE 
AN AGREEMENT/CONTRACT WITH THE STREET TRANSPORTATION 
DEPARTMENT TO INSTALL PHYSICAL FEATURES TO DETER UNAUTHORIZED 
ACCESS TO THE EXISTING CULVERT CROSSING(S) UNDER 7TH STREET AT 
GREENWAY PARKWAY UP TO A MAXIMUM OF $50,000, AS MODIFIED AND 
APPROVED BY THE STREET TRANSPORTATION DEPARTMENT. 
 
 
 
This publication can be made available in alternate format upon request. Please contact  
Les Scott at 602-261-8980, leslie.scott@phoenix.gov or TTY: Use 7-1-1.