Attachment B - Staff Report - Z-24-22-8.pdf

City of Phoenix — Formal (2022-10-12)

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Staff Report Z-24-22-8
August 1, 2022

Camelback East Village Planning
Committee Meeting Date
August 2, 2022
Planning Commission Hearing Date
September 1, 2022
Request From:
C-2 (Intermediate Commercial) (7.48 acres),
R-5 (Multifamily Residence District)
(0.64 acres)
Request To:
R-5 (Multifamily Residence District)
(8.12 acres)
Proposed Use
Multifamily residential
Location
Approximately 370 feet west of the southwest
corner of 48th Street and McDowell Road
Owner
MV McDowell Partners, LLC
Applicant
Kairos Investments Management Company
Representative
Benjamin Graff, Quarles & Brady, LLP
Staff Recommendation
Approval, subject to stipulations

General Plan Conformity
General Plan Land Use
Map Designation
Residential 15+ dwelling units per acre and
Transportation
Street Map
Classification
48th Street
Minor Collector
40-foot west half street
McDowell Road
Major Arterial
45-foot south half street
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.

The proposal will allow the continued operation of a multifamily residential community on
the subject site. No additional dwelling units are proposed, thus maintaining the current
intensity of uses on the site.
ATTACHMENT B

Staff Report: Z-24-22-8
August 1, 2022
Page 2 of 12

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY & CHARACTER; LAND USE PRINCIPLE: Protect residential
areas from concentrations of incompatible land uses that could change their
character or destabilize land values.

The request will allow the continued use of an existing multifamily residential community
without changing the existing layout or density on the subject site. Thus, maintaining the
character of the area and allowing a compatible land use to remain on the site.

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 landscape setbacks along 48th Street and McDowell Road will
contain two-inch caliper shade trees. If the site is redeveloped in the future, the site will
be required to provide detached sidewalks along 48th Street and McDowell Road with
trees planted between the sidewalk and back of curb. These will provide thermal
comfort and shade for pedestrians and residents.

Applicable Plans, Overlays, and Initiatives
44th Street Corridor Specific Plan – See Background Item No. 5.

Housing Phoenix Plan – See Background Item No. 6.

Tree and Shade Master Plan – See Background Item No. 7.

Complete Streets Guiding Principles – See Background Item No. 8.

Comprehensive Bicycle Master Plan – See Background Item No. 9.

Zero Waste PHX – See Background Item No. 10.

Surrounding Land Uses/Zoning

Land Use
Zoning
On Site
Multifamily residential
C-2 and R-5
North (across
McDowell Road)
Church and various commercial uses
C-2
South
Multifamily residential and Brunson Lee
Elementary School
R-5

Staff Report: Z-24-22-8
August 1, 2022
Page 3 of 12

East (adjacent to
site and across
48th Street)
Single-family residential and various
commercial uses
R-3 and C-2
West (across SR-
143 ramp)
Offices
C-2

R-5 – Multifamily Residence District
(Subdivision Development Option)

Standards
Requirements
Provisions on the
Proposed Site Plan
Gross Acreage
-
8.12
Total Number of Units
353 maximum
252 (Met, as listed in
applicant’s narrative)
Dwelling Unit density
(units/gross acre)
43.5 dwelling unit/acre
maximum
31.03 (Met)
Lot Coverage
50% Maximum
27.4% (Met, as listed in
applicant’s narrative)
Maximum Building Height
4 stories or 48 feet
2 stories, 25 feet (Met, as
listed in applicant’s
narrative)
Minimum Building Setbacks

Front: 20 feet

Rear: 15 feet

Sides: 10 feet and 3 feet
McDowell: 14.91 (Not
Met*, as listed in
applicant’s narrative)

South: 5 (Not Met*, as
listed in applicant’s
narrative)

48th Street: 20 feet (Met,
as listed in applicant’s
narrative)

West: Not depicted,
approximately 15 feet

Staff Report: Z-24-22-8
August 1, 2022
Page 4 of 12

R-5 – Multifamily Residence District
(Subdivision Development Option)
Standards
Requirements
Provisions on the
Proposed Site Plan
Minimum Landscape
Setbacks
Adjacent to the street: 20
feet

Sides and Rear: 5 feet each
McDowell: 14.91 (Not
Met*, as listed in
applicant’s narrative)

Not depicted
Minimum common
area/open space
5.0%
5.5% (Met, as listed in
applicant’s narrative)
Minimum Parking
Requirements
1.3 spaces per efficiency
unit and 1.5 spaces per 1 or
2 bedroom unit and 2
spaces per 3 or more
bedroom unit, 1.0 space per
unit of less than 600 square
feet regardless of number of
bedrooms.

When the required parking
is reserved for residents,
additional unreserved
parking is required as
follows: 0.3 spaces for each
efficiency unit and 0.5
spaces per each 1 or 2
bedroom unit and 1.0 space
per each 3 or more
bedroom unit.
368 (Met, as listed in
applicant’s narrative)
*Variance or site plan modification required

Staff Report: Z-24-22-8
August 1, 2022
Page 5 of 12

Background/Issues/Analysis

SUBJECT SITE
1.
This request is to rezone 8.12 acres
located approximately 370 feet west of
the southwest corner of 48th Street and
McDowell Road from C-2 (Intermediate
Commercial) and R-5 (Multifamily
Residence District) to R-5 to allow the
continued use of a multifamily residential
community.
At the time the existing buildings were
constructed, the C-2 zoning district
standards allowed multifamily residential
development to be built up to the R-5
standards. However, in 1986, Ordinance
No. G-2841 allowed for multifamily
residential uses to be constructed up to
the R-3 standards in commercial zoning
districts.

The proposal and additional variances to be requested by the applicant will serve to
bring the existing project into compliance with current R-5 development standards.
This request will also allow the applicant to rebuild the site to existing conditions in
the event of a catastrophic event, as outlined in Section 905 of the Phoenix Zoning
Ordinance.
2.
The subject site as well as the
surrounding area to the south and east
are designated Residential 15+ dwelling
units per acre on the General Plan Land
Use Map. To the north, west and east
across 48th Street is designated at
Commercial. The requested R-5 zoning
district is consistent with this designation
and compatible with Land Use Map
designations in the surrounding area.

Zoning Sketch Map, Source: City of Phoenix Planning
and Development Department
General Plan Land Use Map, Source: City of Phoenix
Planning and Development Department

Staff Report: Z-24-22-8
August 1, 2022
Page 6 of 12

EXISTING CONDITIONS & SURROUNDING ZONING
3.
A multifamily residential community exists on the subject site and was constructed
in the early 1980s. This request proposes no changes to the existing conditions of
the subject site, which is zoned C-2 and R-5. The request to rezone the site to R-5
is consistent with the existing zoning to the south of the subject site.
North of the subject site, across McDowell Road, is a church and various
commercial uses zoned C-2. To the south, is multifamily residential and an
elementary school zoned R-5. To the east, adjacent to the site and across 48th
Street, are various commercial uses and single-family residences zoned C-2 and R-
3 (Multifamily Residence District). To the west, across the SR-143 ramp, are office
uses zoned C-2.
PROPOSAL
4.
The conceptual site plan, attached as an exhibit, depicts a portion of the existing
development. Per the narrative submitted by the applicant, the site currently has
252 dwelling units distributed across various residential buildings which are two
stories and 25 feet in height, 89 of which are affordable units. Three-hundred and
sixty eight surface parking stalls are distributed across the site, both covered and
uncovered. No changes are proposed to the existing multifamily development.
Staff does not recommend general conformance to the proposed site plan provided
as variances will be required to meet current R-5 development standards.
Variances undergo the Zoning Adjustment hearing process following the rezoning
process. However, to screen the adjacent roadways from residential buildings, staff
recommends that the landscape setbacks along 48th Street and McDowell Road be
landscaped with minimum two-inch caliper trees, and where possible, existing trees
be used to meet this requirement. This is addressed in Stipulation No. 1.
While no changes are proposed to the subject site, in the event any development
increases the cumulative floor area of the site by more than 15 percent, staff
recommends the following site improvements apply:
• Stipulation No. 2 requires a minimum of 10 percent open space
• Stipulation No. 3 requires bicycle parking spaces
• Stipulation No. 4 requires a detached sidewalk along McDowell Road per
Cross Section A as listed on the Street Classification Map
• Stipulation No. 5 requires a detached sidewalk along 48th Street
PLANS, OVERLAYS, AND INITIATIVES
5.
44th Street Corridor Specific Plan
Completed in 1991, the 44th Street Corridor Specific Plan established a framework
to provide compatibility of new development along 44th Street from McDonald Drive
to Sky Harbor International Airport. The Land Use Plan (Figure 5.2) depicts the

Staff Report: Z-24-22-8
August 1, 2022
Page 7 of 12

subject site as “Multi-Family Residential”, which is consistent with the requested R-
5 zoning and existing use.

6.
Housing Phoenix Plan
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. This
Plan contains policy initiatives for the development and preservation of housing with
a vision of creating a stronger and more vibrant Phoenix through increased housing
options for residents at all income levels and family sizes. Phoenix’s rapid
population growth and housing underproduction has led to a need for over 163,000
new housing units. Current shortages of housing supply relative to demand are a
primary reason why housing costs are increasing. The proposed development
supports the Plan’s goal of preserving or creating 50,000 housing units by 2030 by
maintaining affordable housing units on the subject site.
7.
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
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 recommends the preservation of existing trees
(where possible) and planting of minimum two-inch caliper trees within the required
landscape setbacks along 48th Street and McDowell Road, which will help shade
the adjacent sidewalks. This is addressed in Stipulation No. 1.
8.
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
44th St Corridor Specific Plan, Source: City of Phoenix Planning and Development Department

Staff Report: Z-24-22-8
August 1, 2022
Page 8 of 12

accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. To promote alternative transportation,
staff recommend Stipulation Nos. 4 and 5 which require the construction of
detached sidewalks along 48th Street and McDowell Road if the use is expanded in
the future.
9.
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.
As stipulated, the development will provide bicycle parking spaces per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance if the
development is expanded in the future. This is addressed in Stipulation No. 3.
10.
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. Section 716 of the Phoenix Zoning Ordinance establishes
standards to encourage the provision of recycling containers for multifamily,
commercial and mixed-use developments meeting certain criteria. The applicant’s
materials did not indicate whether recycling containers are existing on the site.
COMMUNITY INPUT SUMMARY
11.
At the time this staff report was written, no correspondence from the public had
been received.
INTERDEPARTMENTAL COMMENTS
12.
Water Services Department
The City of Phoenix Water Services Department has noted the property has
existing water and sewer mains that are serving or can serve this development.
13.
Street Transportation Department
The Street Transportation Street Transportation Department has requested that the
streets be constructed with all required elements and to ADA requirements. This is
addressed in Stipulation No. 6.
OTHER
14.
The Aviation Department requires that the property owner record a Notice to
Prospective Purchasers of Proximity to Airport in order to disclose the existence,
and operational characteristics of City of Phoenix Sky Harbor International
Airport (PHX) to future owners or tenants of the property. The Aviation
Department also requires that the project receive a No Hazard Determination

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August 1, 2022
Page 9 of 12

Findings

1.
The proposed development is consistent with the General Plan Land Use Map
designation of Residential 15+ dwelling units per acre.
2.
The proposal will allow the continued operation of an existing multifamily
development that provides affordable housing in the Camelback East Village.
3.
As stipulated, the proposal will provide increase shade along perimeter streets and
help reduce the urban heat island effect.

Stipulations

1.
The landscape setbacks along 48th Street and McDowell Road shall be
landscaped with minimum 2-inch caliper single-trunk large canopy drought-tolerant
shade trees, planted 20 feet on center or in equivalent groupings, as approved by
the Planning and Development Department. When possible, the developer shall
use existing trees and landscaping to meet the landscaping requirements.

from the FAA and record an avigation easement. These requests are addressed in
Stipulation Nos. 7, 8, and 9.
15.
The site is located in an area identified as being archaeologically sensitive. If no
previous archaeological projects have been conducted within this project area, it is
recommended that archaeological Phase I data testing of this area be conducted.
Phase II archaeological data recovery excavations may be necessary based upon
the results of the testing. A qualified archaeologist must make this determination in
consultation with the City of Phoenix Archaeologist. In the event archaeological
materials are encountered during construction, all ground disturbing activities must
cease within a 33-foot radius 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 Nos. 10, 11, and 12.
16.
Staff has not received a completed form for the Waiver of Claims for Diminution in
Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required by
the rezoning application process. Therefore, a stipulation has been added to require
the form be completed and submitted prior to preliminary site plan approval. This is
addressed in Stipulation No. 13.
17.
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-24-22-8
August 1, 2022
Page 10 of 12

2.
Upon complete redevelopment or development that increases the
cumulative floor area by more than 15% from that depicted on the site
plan date stamped March 29, 2022, a minimum of 10% open space shall be
provided, as approved by the Planning and Development Department.

3.
Upon complete redevelopment or development that increases the
cumulative floor area by more than 15% from that depicted on the site
plan date stamped March 29, 2022, bicycle parking spaces shall be provided 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.

4.
Upon complete redevelopment or development that increases the
cumulative floor area by more than 15% from that depicted on the site
plan date stamped March 29, 2022, a minimum 5-foot wide sidewalk shall be
provided along McDowell Road and be detached with a minimum 13-foot wide
landscaped strip located between the sidewalk and back of curb, per Cross
Section A, as identified on the Street Classification Map, as approved by the
Planning and Development Department. Minimum 2-inch caliper trees shall be
planted 20 feet on center or in equivalent groupings with five 5-gallon shrubs per
tree, as approved by the Planning and Development Department. Where utility
conflicts exist, the developer shall work with the Planning and Development
Department on alternative design solutions consistent with a pedestrian
environment.

5.
Upon complete redevelopment or development that increases the
cumulative floor area by more than 15% from that depicted on the site
plan date stamped March 29, 2022, the sidewalk along 48th Street shall be
detached with a minimum 5-foot wide landscaped strip located between the
sidewalk and back of curb, as approved by the Planning and Development
Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions consistent
with a pedestrian environment.

6.
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.

7.
The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction analysis

Staff Report: Z-24-22-8
August 1, 2022
Page 11 of 12

review process, prior to construction permit approval, as per plans approved by
the Planning and Development Department.

8.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor 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.

9.
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.

10.
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.

11.
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.

12.
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.

13.
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.

Writer
Sarah Stockham
August 1, 2022

Team Leader
Racelle Escolar

Exhibits
Sketch map
Aerial map
Site plan date stamped March 29, 2022

Staff Report: Z-24-22-8
August 1, 2022
Page 12 of 12

Site map date stamped March 29, 2022
Building photographs date stamped March 29, 2022 (16 pages)

Z-63-01
Z-237-79
C/Z-262-81
Z-SP-19-92
Z-37-78
Z-118-97
Z-63-01
Z-121-88
Z-198-81
Z-33-91
Z-133-84
Z-SP-9-15
Z-158-65
Z-2-80
*
*
*
*
*
*
*
*
*
*
PSC
C-2
R-5
R-5
C-2 SP
R-5
R1-6
IND.PK.
R-5
R-3A
M-R
R-5
R-5
R-3
SP
R-3
C-2
R-4
C-2
PAD-14
R-5
C-2
48TH ST
46TH ST
47TH ST
49TH PL
49TH ST
48TH PL
46TH PL
CULVER ST
ALMERIA RD
SR202 RMP
45TH ST
SR143 RMP
BELLEVIEW ST
47TH PL
GRANADA RD
CORONADO RD
BRILL ST
MCDOWELL RD
WILLETTA 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: 8
I
APPLICANT'S NAME:
APPLICATION NO.
Z-24-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
C-2, R-5
R-5
CONVENTIONAL OPTION
108, 28
353
* UNITS P.R.D. OPTION
130, 33
424
Kairos Investments Management Company
DATE:
4/28/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 12-38
ZONING MAP
G-11
REQUESTED CHANGE:
FROM: C-2 ( 7.48 a.c.)
TO:
R-5 ( 8.12 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-24-22.mxd
Z-24-22
0.075
0
0.075
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Miles
R-5 ( 0.64 a.c.)
8.12 Acres

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Photographic Elevations
Site Map

BUILDING A
North Side
South Side
East Side
West Side

BUILDING B
West Side
North Side
South Side
East Side

BUILDING C
West Side
South Side
North Side
East Side

BUILDING D
West Side
East Side
South Side
North Side

BUILDING E
West Side
East Side
South Side
North Side

BUILDING F
West Side
East Side
South Side
North Side

BUILDING G
West Side
East Side
South Side
North Side

BUILDING H
West Side
East Side
South Side
North Side

BUILDING I
West Side
East Side
South Side
North Side

BUILDING J
West Side
East Side
South Side
North Side

BUILDING K
West Side
East Side
South Side
North Side

BUILDING L
West Side
East Side
South Side
North Side

BUILDING M
West Side
East Side
South Side
North Side

BUILDING N
West Side
East Side
South Side
North Side

BUILDING O
West Side
East Side
South Side
North Side

BUILDING P
West Side
East Side
South Side
North Side