Attachment D - PC Summary - Z-24-22-8.pdf

REPORT OF PLANNING COMMISSION ACTION 
September 1, 2022 
ITEM NO: 15 
DISTRICT NO.: 8
SUBJECT:
Application #: 
Z-24-22-8
Location: 
Approximately 370 feet west of the southwest corner of 48th Street and 
McDowell Road 
From: 
C-2 and R-5
To:
R-5
Acreage:
8.12 
Proposal:
Multifamily residential 
Applicant: 
Kairos Investments Management Company 
Owner: 
MV McDowell Partners, LLC 
Representative: 
Benjamin Graff, Quarles & Brady, LLP 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Camelback East 8/2/2022 Approval, per the staff recommendation. Vote: 15-0. 
Planning Commission Recommendation: Approval, per the Camelback Village Planning 
Committee recommendation. 
Motion Discussion: N/A 
Motion details: Vice Chair Mangum made a MOTION to approve Z-24-22-8, per the Camelback 
East Village Planning Committee recommendation. 
Maker: Vice Chair Mangum 
 
Second: Gaynor 
 
Vote: 7-0 
Absent: Busching and Simon 
 
Opposition Present: No 
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.
ATTACHMENT D

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. 
 
 
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 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. 
 
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.