Attachment C - VPC Summary - Z-29-22-4_EN.pdf

City of Phoenix — Formal (2022-10-12)

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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-29-22-4
Date of VPC Meeting 
August 1, 2022 
Request From 
P-2 H-R TOD-1 and C-2 H-R TOD-1
Request To 
WU T5:6 MT 
Proposed Use 
Multifamily Residential 
Location 
Northwest corner of 4th Avenue and Osborn Road 
VPC Recommendation 
Approval, per staff recommendation with an additional 
stipulation 
VPC Vote 
8-2 
VPC DISCUSSION: 
No virtual speaker cards were received on this item. 
STAFF PRESENTATION 
Mr. Klimek, staff, provided an overview of the site including its physical and policy 
contexts, the applicant’s proposal, and the staff recommendation. The subject site is at 
the northwest corner of 4th Avenue and Osborn Road. Due to the length of the site, the 
WU Code requires the applicant provide both publicly accessible open space and a 
public pedestrian accessway through the site. There is no single-family residential near 
the subject site which is surrounded by R-4 and R-5 zoning districts. The subject site is 
located just outside of the Encanto Village Core, within a short walk to the nearest light 
rail station, and within the Midtown TOD Policy Plan area. 
The applicant’s proposal is for 387 multifamily residential units at a maximum height of 
74 feet with a parking structure wrapped by units. The proposal complies with the 
requirements of the WU Code including the five percent publicly accessible open space 
and a pedestrian accessway to bisect the site. The pedestrian accessway alignment is 
intended to break up the subject site, to provide a through connection to the grocery 
store, and to provide a connectivity framework to 3rd Avenue for when the northeast 
corner of 4th Avenue and Osborn Road redevelops. Additionally, the applicant has 
prepared a retrofit plan in collaboration with the Street Transportation Department to 
add tree shade within the cartway of 4th Avenue and, like the pedestrian accessway, 
staff envisions that a similar improvement would be completed when the northeast 
corner of 4th Avenue and Osborn Road redevelops. 
ATTACHMENT C

Encanto Village Planning Committee Meeting Summary 
August 1, 2022 
Page 2 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
Staff is recommending approval subject to 12 stipulations. Of special note, Stipulation 
No. 1 requires an expanded building setback along the west property-line to promote 
compatibility with the adjacent historic or mid-century sites and Stipulation No. 4 
requires the applicant construct the 4th Avenue TOD Retrofit improvements. 
 
APPLICANT PRESENTATION 
 
Mr. Nick Wood, of Snell and Wilmer, introduced himself as representing the applicant, 
Subtext. He presented on the site, the proposal, and offered to answer questions from 
the committee. Subtext is a national lifestyle developer with approximately 5,800 units 
built and approximately 8,000 additional units in the queue. The site has been vacant 
and blighted for many years with missing sidewalks or sidewalks that are obstructed by 
utility poles.  
 
The proposal includes: ground level units with stoops to activate the public street 
environment, shaded and detached sidewalks; landscape islands that will be 
constructed between the curbs to delineate parking areas and to slow traffic on 4th 
Avenue; publicly accessible open spaces including a dog park and lounge areas; a 
public paseo that will provide a shaded and direct pedestrian connection between 4th 
Avenue, 5th Avenue, the nearby grocery store; onsite rideshare pick-up and drop-offs; 
and with all back-of-house operations being accessed from the alley which will also be 
reconstructed. Vehicular parking is proposed in a wrapped parking structure that will 
include 591 parking spaces which exceeds the 514 spaces that would be required after 
the 10 percent by-right reduction is applied due to its proximity to light rail. While he 
acknowledged that structured vehicle parking is expensive and that normally a reduced 
parking supply would be desirable, he posited that the wrapped structure and the 
narrow geometry of the site create a unique situation where providing less parking 
would not provide additional benefit to the developer nor the community in terms of 
more units, more amenities, or better operational efficiencies.  
 
The architecture includes: an enhanced corner at the northwest corner of 4th Avenue 
and Osborn Road to create a sense of arrival; two compatible “mid-century” design 
aesthetics with both paying tribute to the area; and a west-facing mural that will create a 
focal point, will harken neighborhood residents into the paseo, and will draw attention 
and appreciation for the Al Beadle designed “5th Avenue Medical Building.” He added 
that the project will include recycling and 50-100 kW of rooftop solar. 
 
He stated that the neighborhood outreach process exceeded the minimum requirements 
established by the City of Phoenix, no opposition was encountered or formalized in a 
letter to staff, and that multiple supporters were identified and that an adjacent 
multifamily owner formalized a letter of support to staff. He concluded by stating that the 
applicant is in full agreement with all the staff stipulations. 
 
QUESTIONS FROM COMMITTEE

Encanto Village Planning Committee Meeting Summary 
August 1, 2022 
Page 3 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
Committee Member Mahrle expressed concern over potential traffic impacts caused 
by the number of units proposed at an un-signaled intersection and stated that traffic 
congestion will occur when residents try to turn left (east) onto Osborn Road. Mr. Wood 
responded that there will not be warrant for an additional signal and that residents may 
need to be patient, use Clarendon and Third Avenue, or use an alternative mode of 
transportation. 
 
Vice Chair Rodriguez stated that the paseo on the site is a positive and that alternative 
modes in this area are viable such as walking, bicycling, and using light rail. She then 
asked if bicycle parking is provided on the site. Mr. Wood responded that 60 bicycle 
parking spaces and a repair station are included on the site.  
 
Vice Chair Rodriguez then asked about price-points for each unit type. Mr. Wood 
responded that units will range from approximately $1,600/month for a studio and to 
$2,500/month for a 3 bedroom.  
 
Vice Chair Rodriguez asked if the alley needs to be paved or if that is an unnecessary 
and costly burden that will drive-up rents. Mr. Wood responded that the alley is in bad 
shape, that all back-of-house operations for the development will occur from the alley, 
and that the site will also utilize the alley for pedestrian circulation, so the developer is 
supportive of the investment. He added that the alley improvement will be full depth 
improvement rather than resurfacing so that it will serve the area for years to come. 
 
Committee Member Schiller asked the applicant to confirm the height of the proposal 
in number of stories, if the parking structure will be secured, and what is to the 
immediate north of the subject site. Mr. Wood responded that the total height is six 
stories from grade and that the parking structure will be secured. Mr. Klimek responded 
that there is a two-story office building to the north of the subject site. 
 
Committee Member Cothron stated that she previously lived in “The Phoenix” which is 
located along 5th Avenue, and she attested to the mid-century character of the 
multifamily neighborhood and thanked the applicant for respecting the area. She stated 
that she asked a family relation in West Lafayette, Indiana, to visit the local Mill Creek 
project and they responded favorably to its quality. She thanked the applicant for 
incorporating recycling and solar into the project. She asked: if the solar benefits will be 
passed onto residents; if materials will be high-rated for sustainability and durability; if 
the project will pursue LEED Certification with specific regard to windows; and if a local 
artist will be used for the murals. Mr. Ryan Boyd, of Subtext, and Mr. Wood responded 
that: solar benefits will be passed onto tenants; that building materials including 
windows will be high rated for sustainability metrics; that the project will not pursue 
LEED Certification; and that a local artist for the mural is a great idea and that they will 
welcome recommendations for local artists.  
 
Committee Member Procaccini asked if the paseo will be private or publicly 
accessible. Mr. Wood responded that it will be public.

Encanto Village Planning Committee Meeting Summary 
August 1, 2022 
Page 4 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
Vice Chair Rodriguez asked for more detail on the parking structure and why less 
parking would not benefit the project. Mr. Aron Thomas, of EPS, indicated that less 
parking could potentially allow for the addition of units oriented to the north and/or to the 
alley but that those would be less desirable. The narrowness of the site means that 
much of the parking structure is consumed by drive-aisles. If the parking supply were 
decreased, the upper units would no longer back onto a parking structure and would 
have less convenient access to the structure and greater exposure to the elements that 
would lead to less energy efficiency. Chair Kleinman asked if less parking would allow 
for added depth to the retail bays. Mr. Thomas responded that extra deep retail bays 
are not very functional and therefore are less desirable. Additionally, there are no retail 
bays proposed in this project.  
 
PUBLIC COMMENTS 
None. 
 
APPLICANT RESPONSE 
None. 
 
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE 
 
MOTION  
Committee Member Mahrle made a motion to approve the request per the staff 
recommendation. Committee Member Matthews provided a second to the motion.  
 
DISCUSSION 
Cothron suggested a friendly amendment to stipulate a minimum size photovoltaic 
array. Committee Member Mahrle and Committee Member Matthews agreed to 
support the friendly amendment if language could be crafted. Committee Member 
Cothron asked the applicant if they are agreeable to the proposed stipulation. Mr. 
Boyd responded that they would agree to 50 – 100 kW of solar panels. Mr. Wood 
suggested the following language, “the developer shall incorporate solar panels with a 
kW range of not less than 100 kW.” Committee Member Cothron stated that the 
language was agreeable to her. 
 
REVISED MOTION  
Committee Member Mahrle made a motion to approve the request per the staff 
recommendation with the following additional stipulation: “the developer shall 
incorporate solar panels with a kW range of not less than 100 kW”.  The motion was 
seconded by Committee Member Matthews. 
 
DISCUSSION 
None. 
 
VOTE

Encanto Village Planning Committee Meeting Summary 
August 1, 2022 
Page 5 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
8-2-0; motion passed with Committee Members Bryck, Cothron, Jewett, Mahrle, 
Matthews, Procaccini, Schiller, and Chair Kleinman in support, George and Vice Chair 
Rodriguez in dissent, and none in abstention. 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS: 
No staff comments.  
 
1. 
There shall be a minimum landscape area of 10 feet in width measured from 
the west property line (adjacent to alleyway) and beginning 215 feet north of the 
north right-of-way line of Osborn Road and extending to the northern edge of 
the subject site. The area shall be planted with minimum 3-inch caliper shade 
trees placed 20 feet on center or in equivalent groupings, except where utility 
conflicts and conflicts with building egress such as ramps exist.  The conditions 
of this stipulation shall be approved by the Planning and Development 
Department.  
 
 
2. 
The developer shall incorporate bicycle infrastructure as described below and 
as approved by the Planning and Development Department. 
 
 
 
a. 
All required bicycle parking for multifamily use, per Section 1307.H.6.d of 
the Phoenix Zoning Ordinance, shall be secured parking. 
 
 
 
b. 
Guest bicycle parking for multifamily residential use shall be provided at 
a minimum of 0.05 spaces per unit with a maximum of 50 required 
spaces near entrances of buildings and installed per the requirements of 
Section 1307.H of the Phoenix Zoning Ordinance.    
 
 
 
c. 
One bicycle repair station shall be provided and maintained by the 
developer in areas of high visibility and near secure bicycle parking 
areas. 
 
 
3. 
The developer shall construct a minimum 5-foot-wide detached sidewalk and 
minimum 10-foot-wide landscape strip located between the back of curb and 
sidewalk along the north side of Osborn Road, as approved by the Planning 
and Development Department. 
 
 
4. 
The developer shall construct the west side of 4th Avenue for the length of the 
project, in general conformance with the 4th Avenue TOD Retrofit exhibit date 
stamped June 21, 2022, as approved or modified by the Street Transportation 
Department. The developer shall dedicate necessary sidewalk easement to 
accommodate the on-street parking and detached sidewalk design. The 
development project shall be responsible for all landscape and irrigation 
maintenance located in the right-of-way and sidewalk easement area.     
 
 
 
5. 
The developer shall pave the 20-foot-wide alley per the City of Phoenix “local 
street” standards, as approved by the Planning and Development Department.

Encanto Village Planning Committee Meeting Summary 
August 1, 2022 
Page 6 of 6 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 
 
 
 
6. 
The developer shall underground all existing electrical utilities within the public 
right-of-way that are impacted or require relocations as part of the project. 
Coordinate with the affected utility company for their review and approval prior 
to Final Site Plan approval. 
 
 
 
7. 
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. 
 
 
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. 
Developer to record a Notice to Prospective Purchasers of Proximity to Airport, 
as required by the State, prior to final site plan approval. 
 
 
10. 
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 FAA and a “NO 
Hazard Determination” obtained prior to the construction start date.  
 
 
11. 
The developer shall grant and record an avigation easement to the City of 
Phoenix for the site, per the content and form prescribed by the City Attorney 
prior to final site plan approval.  
 
 
12. 
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. 
 
 
13. 
THE DEVELOPER SHALL INCORPORATE SOLAR PANELS WITH A KW 
RANGE OF NOT LESS THAN 100 KW.