Attachment D - PC Summary - Z-26-22-4.pdf

ITEM NO: 16 
DISTRICT NO.: 4
SUBJECT:
Application #: 
Z-26-22-4
Location: 
Approximately 430 feet east of the northeast corner of Central Avenue and 
Osborn Road 
From: 
C-2 H-R TOD-1, and P-2 H-R TOD-1
To: 
WU Code T5:6 MT 
Acreage:
4.10 
Proposal:
Multifamily Residential 
Applicant: 
Mill Creek Residential 
Owner: 
3443 North Central, LLC 
Representative: 
Nick Wood, Snell & Wilmer, LLP 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Encanto 8/1/2022 Approval, per the staff recommendation. Vote: 7-3. 
Planning Commission Recommendation: Approval, per the Encanto Village Planning Committee 
recommendation. 
Motion Discussion: N/A 
Motion details: Vice Chair Mangum made a MOTION to approve Z-26-22-4, per the Encanto 
Village Planning Committee recommendation. 
Maker: Vice Chair Mangum 
 
Second: McCabe 
 
Vote: 7-0 
Absent: Busching and Simon 
 
Opposition Present: No 
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.
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION 
September 1, 2022

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 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. 
 
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.