Attachment B - Staff Report - Z-26-22-4.pdf

City of Phoenix — Formal (2022-10-12)

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Staff Report Z-26-22-4 
July 27, 2022 
Encanto Village Planning Committee 
Meeting Date: 
August 1, 2022 
Planning Commission Hearing Date: 
September 1, 2022 
Request From: 
C-2 H-R TOD-1 (Intermediate
Commercial, High Rise Incentive
District, Interim Transit-Oriented Zoning
Overlay One) (0.53 acres), and P-2 H-R
TOD-1 (Parking, High Rise Incentive
District, Interim Transit-Oriented Zoning
Overlay One) (3.57 acres)
Request To: 
WU Code T5:6 MT (Walkable Urban 
Code, Transect 5:6, Transit Midtown 
Character Area) (4.10 acres) 
Proposed Use: 
Multifamily Residential 
Location: 
Approximately 500 feet east of the 
northeast corner of Central Avenue and 
Osborn Road   
Owner:  
3443 North Central, LLC 
Applicant: 
Mill Creek Residential 
Representative: 
Nick Wood, Snell & Wilmer, LLP 
Staff Recommendation: 
Approval, subject to stipulations 
General Plan Conformity 
General Plan Land Use Map Designation 
Commercial 
Street Map 
Classification 
Osborn Road 
Collector 
Street 
40-foot north half
street
Mitchell Drive 
Local 
Street 
25-foot south half
street
ATTACHMENT B

Staff Report: Z-26-22-4 
July 27, 2022 
Page 2 of 17 
 
 
 
 
CONNECT PEOPLE AND PLACES CORE VALUE; TRANSIT ORIENTED 
DEVELOPMENT; LAND USE PRINCIPLE; Encourage high-density housing and 
high intensity employment uses to locate adjacent or close to transit stations 
per adopted transit district plans. 
The proposal, as stipulated, will benefit from the proximity to light rail through reduced 
transportation costs to its residents and by providing convenient access to the many 
destinations along the transit line. The proposal will support the vitality of Midtown 
Phoenix by adding housing units within the Encanto Village Core, the North Central 
Employment Center, and within proximity to the light rail station at Central Avenue 
and Osborn Road. 
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE 
VALUE; HEALTHY NEIGHBORHOODS; DESIGN PRINCIPLE: Establish design 
standards and guidelines for parking lots and structures, setback and build-to 
lines, blank wall space, shade, and other elements affecting pedestrians, to 
encourage pedestrian activity and identify options for providing pedestrian-
oriented design in different types of development. 
The proposal, as stipulated, includes design and development standards to 
encourage walking, bicycling, and transit use through a shaded streetscape, units 
fronting the public sidewalks, and parking situated away from the public street.  
 CONNECT PEOPLE AND PLACES CORE VALUE; BICYCLES; DESIGN 
PRINCIPLE: Development should include convenient bicycle parking. 
As stipulated, the proposal includes bicycle facilities to encourage bicycling and transit 
use to become a way of life by leveraging its proximity to the light rail station at 
Central Avenue and Osborn Road. Features include secure bicycle parking for 
residents, convenient racks for guests, and a bicycle repair station for residents. 
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; DESIGN PRINCIPLE:  
Integrate trees and shade into the design of new development and 
redevelopment projects throughout Phoenix. 
The proposal includes robust tree plantings between the back of curb and the building 
fronts and a detached sidewalk that will be shaded to 75 percent as stipulated. These 
improvements will create strong pedestrian environments to convey people more 
effectively to light rail and other areas within the Encanto Village Core.  
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND 
USE PRINCIPLE: Promote and encourage compatible development and 
redevelopment with a mix of housing types in neighborhoods close to 
employment centers, commercial areas, and where transit or transportation 
alternatives exist. 
The proposed development will introduce additional housing opportunities in Central 
Phoenix with close access to light rail station and the Encanto Village Core. These 
additional housing opportunities supports goals contained in the Housing Phoenix 
Plan to preserve and create 50,000 units by 2030.

Staff Report: Z-26-22-4 
July 27, 2022 
Page 3 of 17 
 
 
 
 
 
Applicable Plans, Overlays, and Initiatives 
TOD Strategic Policy Framework: Background Item No. 6. 
Midtown Transit Oriented Development Policy Plan: Background Item No. 7. 
Encanto Village Character Plan: Background Item No. 8. 
Tree and Shade Master Plan: Background Item No. 11. 
Complete Streets Guidelines: Background Item No. 12. 
Housing Phoenix: Background Item No. 13. 
Zero Waste PHX: Background Item No. 14. 
 
Surrounding Land Uses and Zoning 
 
Land Use 
Zoning 
On Site 
Surface and subsurface 
parking, accessory to the 
Phoenix Financial Center 
C-2 H-R TOD-1 and P-2 
H-R TOD-1  
East (Adjacent) 
Parking and office 
C-1 HR TOD-1 
West (Adjacent) 
Phoenix Financial Center 
(office and retail) 
C-2 H-R TOD-1 
North (Across Mitchell Dr.) 
Medical office, multifamily 
residences, single-family 
residences 
R-4, R-5, and C-O 
South (Across Osborn 
Road) 
Parking, medical office, 
offices. 
P-2, C-O H-R, and R-5

Staff Report: Z-26-22-4 
July 27, 2022 
Page 4 of 17 
 
 
 
 
Walkable Urban Code 
Transect 5:6 MT 
Standards 
Requirements 
Site Plan Provisions 
Gross Acres 
N/A 
4.10 acres 
Total Dwelling Units 
No maximum 
335 units 
Density  
81.71 
Building Height 
80 foot maximum 
75 feet (Met) 
Parking Structure Height 
Less than building height 
Not depicted 
Building Setbacks 
Primary Frontage 
(Osborn Rd.) 
12 foot maximum 
Varies. 3 to 6 feet at 
ground level (Met) 
Primary Frontage  
(Mitchell Dr.) 
12 foot maximum 
Varies. 1 to 4 feet at 
ground level (Met) 
West 
0 foot minimum 
0 feet (Met) 
East 
0 foot minimum 
0 feet (Met) 
Parking 
Parking Minimum 
1.0 space per unit of less than 
600 square feet regardless of 
number of bedrooms; 1.3 spaces 
per efficiency unit; 1.5 spaces per 
1 or 2 bedroom unit; and 2 
spaces per 3 or more bedroom 
unit. 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. 
Proposed unit mix: 
• 
1.3 spaces per 24 
efficiency units = 32 
spaces required 
• 
1.5 spaces per 149 one 
bedroom units = 224 
spaces 
• 
1.5 spaces per 151 two 
bedroom units = 227 
spaces 
• 
2 spaces per 11 three 
bedroom units = 22 
spaces. 
Base requirement: 504 
spaces 
The by-right parking 
reduction in the WU Code 
for sites within 1,320 feet 
of a light rail station is 25 
percent. 503 spaces x 
0.75 adjusted requirement 
= 378 spaces. 
 
455 spaces provided 
(Met) 
Primary Frontage Setback 
(Osborn Rd.) 
30 foot minimum or behind 
building 
Behind building (Met) 
Primary Frontage Setback 
(Mitchell Dr. 
30 foot minimum or behind 
building 
Behind building (Met) 
Rear (West) 
0 foot minimum 
N/A

Staff Report: Z-26-22-4 
July 27, 2022 
Page 5 of 17 
 
 
 
 
Walkable Urban Code 
Transect 5:6 MT 
Standards 
Requirements 
Site Plan Provisions 
Streetscape Standards 
Primary Frontage  
(Osborn Rd.) 
Minimum sidewalk width of 
5 feet and a minimum 
landscape depth of 5 feet 
5 foot sidewalk, 5 foot 
landscape depth, 3 to 6 
foot landscape area in 
front of building (Met) 
Secondary Frontage  
(Mitchell Dr.) 
5 foot sidewalk, 4 foot 
landscape width, 3 foot 
landscape area in front of 
building (Not met) 
Lot Requirements 
Lot Coverage 
80 percent maximum 
98 percent (Not Met) 
Primary Frontage  
(Osborn Rd.) 
70 percent minimum 
84 percent (Met) 
• Frontage Types 
All frontages 
Storefront (Met) 
• Entry Requirements 
One per 50 feet of primary 
building frontage 
Not depicted 
Primary Frontage  
(Mitchell Dr.) 
70 percent minimum 
71 percent (Met) 
• Frontage Types 
All frontages 
Storefront, Stoop and 
Doorwell (Met) 
• Entry Requirements 
One per 50 feet of primary 
building frontage 
Not depicted 
Private Open Space 
Minimum 5 percent of 
gross 
Not depicted 
Glazing Requirements 
Primary Frontage (Osborn Rd.) 
• Ground Floor 
For commercial frontage 
types, 75 percent minimum 
Not depicted 
• 
Second Floor 
Minimum 25 percent, 10 
percent East and West 
Not depicted 
• Upper Floors 
N/A 
Not depicted 
Primary Frontage (Mitchell Dr.) 
• 
Ground Floor 
For commercial frontage 
types, 75 percent minimum 
Not depicted 
• 
Second Floor 
Minimum 25 percent, 10 
percent East and West 
Not depicted 
• 
Upper Floors 
N/A 
N/A 
*Site plan revision, variance, or administrative relief required.

Staff Report: Z-26-22-4 
July 27, 2022 
Page 6 of 17 
 
 
 
 
 
 
Background/Issues/Analysis 
 
SUBJECT SITE 
1. 
This request is to rezone 4.10-acres from 0.53-acres of C-2 H-R TOD-1 
(Intermediate Commercial, High Rise Incentive District, Interim Transit-Oriented 
Zoning Overlay One) and 3.57-acres of P-2 H-R TOD-1 (Parking, High Rise 
Incentive District, Interim Transit-Oriented Zoning Overlay One) to WU Code T5:6 
MT (Walkable Urban Code, Transect 5:6, Transit Midtown Character Area) for the 
purpose of multifamily residential. The site is located within the Encanto Village 
Core, the North Central Employment Center, and within 500 feet of a light rail 
station. 
 
 
SURROUNDING LAND USES AND ZONING 
2. 
The subject site is utilized for surface and subsurface parking for the adjacent 
office tower and this use and configuration has remained unchanged since the 
1960s. The subject site and all properties between Central Avenue and Third 
Avenue and between Osborn Road and Mitchell Drive, including the Phoenix 
Financial Center, were rezoned via Rezoning Case No. Z-20-80-4. The 
surrounding area includes a concentration of medical offices, general offices, 
multifamily developments, single-family homes, and surface parking lots.  
 
 
3. 
To the immediate west of the subject site is the Phoenix Financial Center which 
was designed by W. A. Sarmiento, and it was constructed in 1964 by the Henry C. 
Beck Company with the south tower constructed to ten stories with an additional 
two matching low-rise buildings along Central Avenue. In 1969, an additional eight 
stories were added atop the original ten to bring the tower to its current height of 18 
stories. The third phase of the original proposal for a second tower on the north 
side of the site did not come to fruition. 
 
While the subject site was historically envisioned as a low-rise shopping center that 
would be master planned with the Phoenix Financial Center and constructed atop 
the subsurface parking structure, the original concept did not come to fruition. The 
subject site does not include the Phoenix Financial Center nor any of its vertical 
improvements. The proposal would construct multifamily residential atop the 
subsurface parking structure used by the Phoenix Financial Center complex and 
the parking arrangement would remain intact.

Staff Report: Z-26-22-4 
July 27, 2022 
Page 7 of 17 
 
 
 
 
 
Photo of the Phoenix Financial Center complex, 
from Central Avenue. Source: Mid-Century 
Marvels. 
 
Annotated Oblique Aerial Photograph (2022) 
depicting the subject site in relation to the 
Phoenix Financial Center complex. Source: 
Maricopa County. 
 
 
 
 
To the south of the subject site across Osborn Road are the following uses, 
described from west to east: a surface parking lot zoned P-2 TOD-1 which allows a 
maximum height of 56 feet; a medical office building constructed to six stories and 
zoned C-O H-R TOD-1 (Commercial Office District – Restricted Commercial, High 
Rise Incentive District, Interim Transit-Oriented Zoning Overlay One) which allows 
a maximum height of 250 feet; and several single-story office buildings zoned R-5 
TOD-1 (Multifamily Residence District, Interim Transit-Oriented Zoning Overlay 
One). 
 
To the west of the Phoenix Financial Center (not a part of the subject site) across 
Central Avenue at the northwest corner of Osborn Road and Central Avenue is a 
pharmacy zoned C-2 that allows for a maximum height of four-stories and 56 feet 
due to its location within a Village Core. North of the pharmacy is a surface parking 
lot that was entitled through Rezoning Case No. Z-39-13 (The Broadstone Central 
PUD) which allows a maximum height of 250 feet for the purpose of commercial, 
office and multifamily residential development.  
 
 
GENERAL PLAN LAND USE MAP 
4.  
The General Plan Land Use Map depicts a designation of Commercial. A 
designation of Commercial allows multifamily and therefore, the request for 
multifamily is consistent with the designation. In all directions, all properties share 
the Commercial General Plan Land Use Map designation for a significant distance.

Staff Report: Z-26-22-4 
July 27, 2022 
Page 8 of 17 
 
 
 
 
5. 
The subject site is within the 
Encanto Village Core. Since 1979, 
the village cores were envisioned 
for the greatest intensity and this 
concept remains central to the 
Connected Oasis Vision 
contained in the 2015 Phoenix 
General Plan. The proposal for 
high-intensity housing in a 
walkable urban format 
complements the vision for the 
Encanto Village Core and, more 
broadly, the Transit Oriented 
Development Midtown District. 
Primary Core, Encanto Village Core, General Plan Land 
Use Map; Source: Planning and Development 
Department 
 
 
6. 
Transit Oriented Development Strategic Policy Framework: 
The Transit Oriented Development Strategic Policy Framework is part of the City’s 
General Plan. The framework identifies planning typologies to describe urban 
environments. The subject site is located within mere steps of the light rail station 
located at Osborn Road which is identified as a Regional Urban Center Place 
Type.  
 
 
 
The Regional Urban Center Place 
Type is characterized by high 
intensity with building heights 
typically from five to 10 stories with 
incentive heights of up to 20 
stories.  Land uses may include 
office employment, industry cluster, 
high and mid rise residential, and 
supportive retail and commercial 
uses. The proposal for seven 
stories is consistent with the 
intensity envisioned by the 
Regional Urban Center Place 
Type. 
Transit Oriented Development Strategic Policy 
Framework, Place Type Map Excerpt; Source: 
Planning and Development Department 
 
 
7. 
Midtown TOD Policy Plan: 
The site is located within the Midtown TOD Policy Plan Area which is bound by 7th 
Avenue on the west, 7th Street on the east, McDowell Road on the south, and

Staff Report: Z-26-22-4 
July 27, 2022 
Page 9 of 17 
 
 
 
 
Indian School Road on the north. The policy plan for the Midtown TOD District 
provides a blueprint for fully achieving the transformative potential of light rail in a 
sustainable manner.  
 
 
 
Changes advocated in the plan can lower transportation costs for residents, create 
new business opportunities, encourage active, healthy lifestyles, ensure Phoenix 
increases its competitive advantage in the global marketplace, and improve 
prosperity by growing the economy in locations with existing infrastructure and 
public services. 
 
The Midtown TOD District Plan projects a shortfall of 17,520 housing units by 2035 
and articulates a goal for more housing and employment in proximity to high-
capacity transit. The proposed project will produce 335 housing units within the 
Encanto Village Core, the North Central Employment Center, and within proximity 
to light rail. 
 
 
 
The subject site is identified on 
the Conceptual Zoning Map as 
Transect 6:22. A 6:22 Transect 
would allow a maximum height of 
250 feet which is consistent with 
the site’s current High Rise 
Incentive District Zoning and the 
maximum intensity allowed by 
the Regional Urban Center Place 
Type. 
 
While the applicant’s request for 
T5:6 is less intense than T6:22 
as identified in the TOD Plan, 
staff supports the request for the  
Midtown TOD District Plan, Conceptual Zoning Plan; 
Source: Planning and Development Department 
 
 
following reasons: 
• While a height of 250 feet would place more people near light rail, a building 
of that height at this location would likely detract from the significance of the 
Phoenix Financial Center.  
• The existing sub-terraranan parking garage is limited in how much additional 
load it can carry. In their application documents, the applicant states that 
“while the existing garage structure is robust and well-constructed, there are 
nevertheless limitations of constructing a building above an existing parking 
garage utilizing the existing structural system (which has been evaluated by 
a licensed structural engineer). Therefore, the project is maximizing the 
development potential of the site to the extent possible given the constraints

Staff Report: Z-26-22-4 
July 27, 2022 
Page 10 of 17 
 
 
 
 
of the garage’s structural system.” If the site were fully redeveloped, 
additional height and intensity would likely be possible. 
 
 
8. 
 
 
 
Encanto Village Character Plan: 
The Encanto Village Character Plan was approved and adopted into the Phoenix 
General Plan through General Plan Amendment GPA-1-19. The project advances 
the following items identified in the Encanto Village Character Plan by locating new 
multifamily units within the Encanto Village Core, within steps of light rail, and in a 
form that will create walkable and pedestrian oriented streetscapes that more 
comfortably convey individuals to and from the light rail. 
• Land Use Principle: Include a mix of housing types and densities where 
appropriate within each village that support a broad range of lifestyles. 
• Design Principle: Enhance the compatibility of residential infill projects by 
carefully designing the edges of the development to be sensitive to adjacent 
existing housing. Create landscape buffers and other amenities to link new 
and existing development. 
• Land Use Principle: Locate land uses with the greatest height and most 
intense uses within village cores, centers and corridors based on village 
character, land use needs, and transportation system capacity. 
 
 
PROPOSAL 
9. 
Site Plan 
The applicant is proposing 
335 dwelling units in a 
seven-story configuration 
with two points of vehicular 
ingress and egress from 
Osborn Road and another 
two points from Mitchell 
Drive. The double points of 
ingress and egress are 
necessitated by the 
proposed reuse of the 
existing subterranean 
parking structure which will 
continue to serve the 
Phoenix Financial Center 
complex in addition to the 
additional 335 dwelling units  
View Massing in Context; Source: Davis Partnership Architects 
 
 
proposed on the site. The remaining parking is managed by wrapping a two-story 
parking podium with units and amenities while additional parking is configured as 
elevated surface parking on the approximate eastern half of the subject site.

Staff Report: Z-26-22-4 
July 27, 2022 
Page 11 of 17 
 
 
 
 
 
The conceptual site plan depicts an 11-foot wide pedestrian paseo near the 
western property line that will run beneath the building structure that appears to 
bisect the site north-south. This design element both honors and advance the 
quasi-public parklike feel of the central green on the adjacent Phoenix Financial 
Center site by breaking up the superblock and by inviting the public to and through 
the site. 
 
Regarding the proposed intensity, the applicant states in their narrative that “after 
detailed examination of the existing columns and maximum allowable loads, the 
proposed project was designed to maximize the development potential on the site. 
Therefore, a maximum building height of 80 feet developed with seven stories, the 
project will be able to maximize the development potential on the property which is 
limited by the existing structure.  
 
Regarding the interplay between the proposed development and the Phoenix 
Financial Center, the applicant states that “one advantage to this proposal’s 
modest height is that, at a maximum height of eighty (80) feet, views to and from 
the Phoenix Financial Center will be preserved and (sic) therefore the views of this 
unique structure will not be substantially impacted by the proposed Project.” 
 
 
10. Conceptual Building Elevations  
The applicant is proposing a seven-story residential development with both a two 
level subterreanean parking structure and a two-story above ground parking 
podium that will be wrapped with buildings along both Osborn Road and Mitchell 
Drive.  
 
 
 
The conceptual 
building elevations 
depict a maximum 
height of 75 feet with 
building materials 
including metal panels, 
multiple colors of 
stucco, color pattern 
walls, storefront 
glazing, and multiple 
frontage types to 
activate the ground 
level sidewalks.   
Rendering of South Elevation Along Osborn Road; Source: Davis 
Partnership Architects

Staff Report: Z-26-22-4 
July 27, 2022 
Page 12 of 17 
 
 
 
 
STUDIES AND POLICIES 
11. Tree and Shade Master Plan:  
The Tree and Shade Master Plan encourages treating the urban forest as 
infrastructure to ensure the trees are an integral part of the City’s planning and 
development process. Sidewalks on the street frontages should be detached from 
the curbs to allow trees to be planted on both sides of the sidewalk to provide 
thermal comfort for pedestrians and to reduce the urban heat island effect.  
 
The development aligns with the Tree and Shade Master Plan in two ways. First, 
the Walkable Urban Code requires that all public sidewalks be shaded to a 
minimum of 75 percent at maturity. Second, due to the convergence of features 
exacerbating the urban heat island effect and the need to convey residents along 
Osborn Road to/from the nearby light rail station and throughout the Encanto 
Village Core, staff is recommending Stipulation No. 1 to require an enhanced 
streetscape along Osborn Road.   
 
 
12. Complete Streets Guidelines:  
The City of Phoenix City Council adopted the Complete Streets Guiding Principles. 
The principles are intended to promote improvements that provide an  
accessible, safe, connected transportation system to include all modes, such as 
bicycles, pedestrians, transit, and vehicles.  
 
The Walkable Urban Code is designed to facilitate pedestrian, bicycle, and transit-
oriented development and includes provisions to advance the goals of the policy 
guide. Further, as required by Stipulation No. 2, staff is recommending that all 
required residential bicycle parking be in secure facilities, such as bike lockers or a 
bicycle room, and that a bicycle repair stand (fix-it station) be provided near bicycle 
parking areas. 
 
 
 
13. Housing Phoenix:  
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 the 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 contributing to a variety housing types that will 
address the supply shortage at a more rapid pace while using vacant or 
underutilized land in a more sustainable fashion.

Staff Report: Z-26-22-4 
July 27, 2022 
Page 13 of 17 
 
 
 
 
 
 
 
14. Zero Waste Phoenix 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 
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 provision of recycling containers was not addressed in 
the applicant’s submittals. 
 
 
 
COMMUNITY CORRESONDENCE 
15. As of the writing of this report, one letter of community correspondence has been 
received by staff in opposition to the request based on its height and its multifamily 
use. 
 
 
 
INTERDEPARTMENTAL COMMENTS 
16. The Fire Department commented that the site plan must comply with the Phoenix 
Fire Code, indicated there are no problems anticipated with the case, and advised 
that the water supply at this site is not presently known and that additional water 
supply may be required to meet the required fire flow per the Phoenix Fire Code. 
 
 
17. The Street Transportation Department provided a series of comments and 
stipulations pertaining to the need for sidewalk easements and the applicable 
streetscape standards contained in the Street Classification Map and the Zoning 
Ordinance for the Transit Midtown Character Areas Standards. The Transit 
Midtown Character Areas Standards are required by the Walkable Urban Code and 
therefore no stipulations are proposed. 
 
To apply broadly to the development of the site, staff is recommending Stipulation 
Nos. 3 and 4 to require first, that any streetscape improvements that occur outside 
of dedicated right-of-way be located within a sidewalk easement and, second, that 
any improvements within the right-of-way or sidewalk easement comply with ADA 
accessibility standards.  
 
 
18. The Office of Heat Response and Mitigation commented on the importance of an 
exceptional streetscape environment along Osborn Road due to its prominent 
location and the importance of trees and shade to support walkability and to 
increase thermal comfort. Further, in collaboration with the Office of Heat 
Response and Mitigation, staff is recommending enhanced streetscape standards 
along Osborn Road to adhere to the cross section contained in the Street 
Classification Map, to mitigate the urban heat island, while also further buffering the

Staff Report: Z-26-22-4 
July 27, 2022 
Page 14 of 17 
 
 
 
 
public sidewalk from vehicle travel lanes.   
 
 
19. The Historic Preservation Division of the Planning and Development Department 
expressed concerns over the potential impact of the project on the adjacent 
Phoenix Financial Center which currently has no historic protections. The Phoenix 
Financial Center is identified in the Midtown TOD Plan as historic, is referred to as 
a “notable mid-century masterpiece” and that “buildings such as the Phoenix 
Financial Center capture the bold spirit of the era.” The Division further 
recommends that the approval of the request be subject to a stipulation or 
agreement to protect the Phoenix Financial Center in a manner such as: 
• Expanding the rezoning request to include the Phoenix Financial Center and 
adding HP (Historic Preservation) or HP-L (Historic Preservation – 
Landmark) Zoning to said property, which is not currently within the request. 
• Requiring the applicant to consent to allowing the Historic Preservation 
Commission to initiating a separate HP or HP-L zoning application after the 
approval of the request currently at hand. 
• Requiring a conservation easement be recorded on the Phoenix Financial 
Center site. 
 
Due to the Phoenix Financial Center being outside of the current rezoning request 
and under separate ownership, the proposed conditions and stipulations would be 
outside of what would normally be stipulated. As such, staff strongly encourages 
the preservation of the Phoenix Financial Center but does not recommend the 
above be stipulated.  
 
 
OTHER 
20. The site has not been identified as being archaeologically sensitive. However, in 
the event archaeological materials are encountered during construction, all ground 
disturbing activities must cease within 33-feet 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 No. 8. 
 
 
 
21. The Aviation Department requires the existence and operational characteristics of 
Phoenix Sky Harbor Airport be disclosed to tenants and buyers, an avigation 
agreement be recorded, and that a no-hazard determination be obtained from the 
FAA. These are addressed in Stipulation Nos. 5 through 7. 
 
 
 
22. 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. 9.

Staff Report: Z-26-22-4 
July 27, 2022 
Page 15 of 17 
 
 
 
 
 
 
 
23. Development and use of the site are 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. 
 
Findings 
 
1. 
The development is consistent with the General Plan Land Use Map 
designation of Commercial. 
 
 
2. 
The proposal, as stipulated, will create a strong pedestrian environment along 
both Osborn Road and Mitchell Drive with shaded and detached sidewalks to 
convey residents safely and comfortably within the Encanto Primary Core and 
to the Osborn Road Light Rail Station. 
 
 
3. 
The proposal will create additional housing options in line with the Housing 
Phoenix Plan’s goal of preserving or creating 50,000 housing units by 2030. 
 
Stipulations 
 
1. 
The developer shall construct a minimum 5-foot-wide detached sidewalk and 
minimum 10-foot-wide landscape area located between the back of curb and 
sidewalk along the north side of Osborn Road planted to the following 
standards. Where utility conflicts exist, the developer shall work with the 
Planning and Development Department on alternative design solutions 
consistent with the creation of a comfortable pedestrian environment. 
 
 
 
 
a. 
All trees shall be of a large canopy, shade, and single-trunk variety with 
a minimum 3-inch caliper. 
 
 
 
 
b.  
At tree maturity, the trees shall shade the sidewalks to a minimum 75 
percent. 
 
 
 
 
c. 
Drought tolerant shrubs and vegetative groundcovers maintained to a 
maximum height of 24 inches to provide a minimum of 75 percent live 
coverage at maturity. 
 
 
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

Staff Report: Z-26-22-4 
July 27, 2022 
Page 16 of 17 
 
 
 
 
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. 
A bicycle repair station (“fix it station”) shall be provided and maintained 
by the developer near secure bicycle parking area.  
 
 
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 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. 
 
 
5. 
Developer to record a Notice to Prospective Purchasers of Proximity to Airport, 
as required by the State, prior to final site plan approval. 
 
 
6. 
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.  
 
 
7. 
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. 
 
 
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.

Staff Report: Z-26-22-4 
July 27, 2022 
Page 17 of 17 
 
 
 
 
 
 
Writer 
Nick Klimek 
July 27, 2022 
 
Team Leader 
Racelle Escolar 
 
Exhibits 
Zoning sketch map 
Aerial sketch map 
Conceptual Site Plan date stamped March 30, 2022 (2 pages) 
Conceptual Building Elevations date stamped March 30, 2022 
Conceptual Building Renderings date stamped March 30, 2022 (5 pages) 
North Central Employment Center Profile (2 pages) 
Community Correspondence (1 page)

Z-20-80
Z-35-87
Z-315-83
Z-39-13
Z-279-80
Z-190-73
Z-315-79
Z-315-83
Z-20-80
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Transit Overlay
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CITY COUNCIL DISTRICT: 4
I
APPLICANT'S NAME:
APPLICATION NO.
Z-26-22
GROSS AREA INCLUDING 1/2 STREET
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4.10 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
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WU Code T5:6 MT
CONVENTIONAL OPTION
518, 77
No Maximum
*   UNITS P.R.D. OPTION
N/A, 9
N/A
Mill Creek Residential
DATE:
4/28/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 16-28
ZONING MAP
H-8
REQUESTED CHANGE:
FROM: P-2 H-R TOD-1 ( 3.57 a.c.)
C-2 H-R TOD-1 ( 0.53 a.c.)
TO:
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Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-26-22.mxd
Z-26-22
0.035
0
0.035
0.0175
Miles

Z-20-80
Z-35-87
Z-315-83
Z-39-13
Z-279-80
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Z-315-83
Z-20-80
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Transit Overlay
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I-17
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SR 51
MC DOWELL RD
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an
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ENCANTO VILLAGE
CITY COUNCIL DISTRICT: 4
I
APPLICANT'S NAME:
APPLICATION NO.
Z-26-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
4.10 Acres
MULTIPLES PERMITTED
*   Maximum Units Allowed with P.R.D. Bonus
P-2 H-R TOD-1, C-2 H-R TOD-1
WU Code T5:6 MT
CONVENTIONAL OPTION
518, 77
No Maximum
*   UNITS P.R.D. OPTION
N/A, 9
N/A
Mill Creek Residential
DATE:
4/28/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 16-28
ZONING MAP
H-8
REQUESTED CHANGE:
FROM: P-2 H-R TOD-1 ( 3.57 a.c.)
C-2 H-R TOD-1 ( 0.53 a.c.)
TO:
WU Code T5:6 MT ( 4.10 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-26-22.mxd
Z-26-22
0.035
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Modera Midtown at Punchcard
MODERA MIDTOWN AT PUNCHCARD

City of Phoenix Employment Center Profile
NORTH CENTRAL
The North Central 
employment center 
offers an exceptional 
location in one of the 
city’s premier office 
corridors.
This employment 
center extends from 
McDowell Road north 
to Camelback Road 
between Seventh 
Street and Seventh 
Avenue. The North 
Central area includes 
high-rise office and 
residential buildings 
surrounded by 
historic single family 
neighborhoods, parks 
and cultural amenities.
The North Central employment center offers excellent access to a large portion 
of the metro area’s 1.7 million workers. Approximately 770,000 young, well-educated 
workers reside within a 30 minute drive time.1 High concentrations of service and 
health care workers live within 10 to 20 minutes. In addition, about 16 percent of the 
workforce living within a 20 minute drive time is made up of executives, managers 
and technical professionals.2
Projected growth for this area will result in close to 170,000 new residents within 
a 30 minute drive time by 2020, providing a continually expanding labor pool.3

1, 2, 3 Claritas, 2015.
Labor Force Accessibility and Skills
Employment by Occupation
Workforce
10 Min. Drive
20 Min. Drive
30 Min. Drive
Number
%
Number
%
Number
%
Management
7,416
7
57,595
8
131,498
9
Engineering & Science
2,224
2
16,777
2
36,046
3
Healthcare & Education
11,089
10
82,493
11
170,387
12
Service
16,173
15
109,119
15
195,911
14
Sales
10,112
9
81,075
11
167,369
12
Clerical & Admin. Support
15,143
14
117,524
16
219,346
16
Construction
8,978
8
48,001
6
71,611
5
Production
6,210
6
39,874
5
64,441
5
Trans./Material Mover
6,373
6
46,614
6
76,283
5
Total
83,718
599,072
1,132,892
Commute Shed
•	 Access to a large executive 
and professional workforce
•	 Advanced 
telecommunications 
infrastructure
•	 Large inventory of office 
space
•	 Competitive lease rates
•	 Superior accessibility to 
key business and financial 
services
Equal Opportunity Employer/Program. Auxiliary Aids and services are available upon request to individuals with 
disabilities. Products and services made available through Federal Funding provided by the Workforce Investment Act.
Commuters who travel to 
Employment Corridor per 
Square Mile
4 to 10
10 to 25
25 to 50
More than 50
Phoenix North Central Job Center
Phoenix North Central Job 
Center Catchment Area
Source: Maricopa Association of 
Governments, TRP Reduction Database, 
2013
Source: Claritas, 2015.

Sites and Buildings
Infrastracture
The North Central employment center offers 
a large inventory of office and commercial 
space mixed with a variety of hotel and 
residential developments. From high-rise office 
buildings and condominiums to palm tree-lined 
streets of historic single-family neighborhoods, 
diversity enhances the appeal of this 
conveniently located area.
The area has about 14.5 million square feet 
of existing office space in close proximity to 
downtown. For companies that require build-to-
suit space, there are prime commercial high-rise 
parcels available.4
The map to the right highlights the type 
of community real estate in the North Central 
area. Our team can provide more detail, custom 
information based on your requirements.
4 CoStar Realty Information Inc., 2015
Abundant and reliable power sources 
are available from a highly advanced network 
system that provides redundant feeds from 
multiple sub-stations.
The North Central employment center enjoys 
easy access to a modern network of urban 
freeways and arterial streets. This employment 
center has excellent transit service and is 
located along the METRO light rail transit line 
that connects the area to downtown Phoenix, 
Phoenix Sky Harbor International Airport and 
surrounding cities.
For businesses that require convenient 
air access, Phoenix Sky Harbor International 
Airport is located just 15 minutes away. The 
airport is one of the busiest in the U.S. based 
on passenger traffic and offers more than 830 
daily non-stop flights to nearly 80 domestic 
destinations and 13 international destinations.5
5 Phoenix Sky Harbor International Airport, 2015.
Existing and Planned 
Development
1. Century Link Tower
586,403 sq. ft.
Office
2. Viad Tower Phase II
    478,488 sq. ft.
    Office - Proposed 
3. Phoenix Corporate Tower
445,811 sq. ft.
Office
4. Phoenix Plaza Tower II
419,453 sq. ft.
Office
5. Phoenix Plaza Tower I
418,613 sq. ft.
Office
6. Younan Central Plaza
405,693
Office
7. 2800 Tower
364,533 sq. ft.
Office
8. 3550 Tower
287,269 sq. ft.
Office
9. Park Central - Bldg 7
    224,953 sq. ft.
    Office
10. Security Title Plaza
219,032 sq. ft.
Office
Source: CoStar Realty Information Inc., 2015
City of Phoenix 
Community and Economic Development Department 
200 W. Washington St., 20th Floor  |  Phoenix, AZ 85003
www.phoenix.gov/econdev  |  602-262-5040
PHOENIX IS DESIGNED 
TO WORK.
Connectivity
The North Central employment center 
features modern, reliable telecommunications 
infrastructure that is supported by multiple 
providers. These providers are able to offer 
specialized capabilities such as complete digital 
infrastructure, T-1 (DS1) lines, T-3 (DS3) lines, 
self-healing fiber ring architecture and high-
speed data communications. Local exchange 
carriers with service in the North Central area 
include CenturyLink and Cox Communications.
Amenities and Attractions
The exciting Phoenix Arts District includes the Phoenix Art Museum 
and Theater, the Playhouse on the Park and the internationally renowned 
Heard Museum of Native American Art. Steele Indian School Park, located 
at the northeast corner of Central Avenue and Indian School Road, features 
an expansive 15-acre entry garden, several historical buildings depicting the 
history of Phoenix Indian School, an amphitheater with seating for 1,500, a 
2.5-acre bird-shaped lake and waterfall and a 15-acre neighborhood park.
Located in the heart of the North Central employment center, Park Central 
is a 500,000 square foot mixed-use redevelopment featuring offices, retail, 
restaurants and business-oriented hotels. In addition, there are a number 
of new luxury apartment developments in the area that provide a variety 
of housing options for workers and support continued office and retail 
development.
 Major Area Employers
 CenturyLink
PricewaterhouseCoopers
     Telecommunications			
     Accounting and Management Consulting
 Deloitte LLP 				
Dignity Health
     Accounting and Management Consulting 
     Hospital Administration     
 Fennemore Craig 	 			
IBM Corporation
     Law Firm 				
     Administrative Operations
 SCF Arizona 
U-Haul International
     Direct Property and Casuality Insurance - HQ 
Leasing Services - Corp. HQ
 Viad Corporation 	 			
Xerox Corporation
     Business Services - HQ 
     Copiers and Office Products
BMO Harris Bank
     Banking and Financial Services
Source: Maricopa Association of Governments, 2013
Camelback Rd.
Indian School Rd.
Osborn Rd.
Thomas Rd.
McDowell Rd.
7th Ave.
7th St.
Steele Indian 
School Park
Central Ave.
Metro Light Rail
1
2
3
9
10
5
4
8
7
6

From:
lesleybush
To:
nwood@swlaw.com
Cc:
Nick Klimek
Subject:
Rezoning app Z-26-22 at 3443 N Central by Mill Creek Residential
Date:
Friday, May 6, 2022 3:45:42 PM
Attachments:
GJPP7SK5ZBGHRKOLVRG3MTRCSM.webp
Dear Mr. Wood,
Thank you for your letter of April 13th regarding the rezoning app of parcel number 118-33-
137F by Mill Creek Residential. I would like to share my opinions on the proposed
development. 
The project overview states 7 stories and a maximum height of 80 feet - but with the roof-top
deck, the building will be 8 stories, and the elevation drawings show the height as 83 feet. I
think the building exceeds the limit on stories and will be too high. It would be better at 6
stories. The site to be occupied is too massive - stretching from Osborn Rd to Mitchell Drive.
And building on top of existing underground parking may be unsafe - I attached a picture from
the news of an apartment complex parking deck which collapsed above a sub level garage in
Cleveland on May 3rd 2022. There are so many new apartment buildings in this area, I don't
think we need another. I would rather see a quality condominium building or quality town
houses with a smaller footprint where people can purchase a home and stay for several years
instead of another apartment building with a transient population. I am not in favour of the
proposed development.
Also, I don't know who to address this to, but the "punchcard" building of the Phoenix
Financial Center has numerous cracks on the south facade. I attached a picture. (You have to
zoom in to see the cracks - mainly on the top right quadrant.)
Thank you for your time.
Sincerely,
Lesley Bush
Sent from my Samsung Galaxy Tab®|PRO