Attachment D - PC Summary - Z-25-21-8.pdf

REPORT OF PLANNING COMMISSION ACTION 
August 5, 2021 
ITEM NO: 13 
DISTRICT NO.: 8
SUBJECT:
Application #: 
Z-25-21-8
Location: 
Approximately 282 feet west of the northwest corner of 23rd Street and 
Van Buren Street 
From: 
C-1 and C-3
To: 
WU CODE T5:5 GW 
Acreage:
5.23
Proposal: 
Multifamily residential with ground floor retail and office. 
Applicant:
Colin Kenyon
Owner: 
2220 East Van Buren, LLC/L2 Capital LLC 
Representative: 
Colin Kenyon 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Central City 7/12/2021 Approval, per the staff recommendation. Vote: 12-0. 
Planning Commission Recommendation: Approval, per the Central City Village Planning 
Committee recommendation, with an additional stipulation.  
Motion Discussion: N/A 
Motion details: Commissioner Johnson made a MOTION to approve Z-25-21-8, per the Central 
City Village Planning Committee recommendation, with the additional stipulation as read into the 
record. 
 
Maker: Johnson 
 
Second: Howard 
 
Vote: 8-0 
Absent: Magnum 
 
Opposition Present: No 
Findings: 
1.
The proposal will redevelop a vacant property and provide a high quality mixed-use
development which is consistent with the Gateway TOD Policy Plan designation for
the site.
2.
The proposal provides a new housing option to contribute to the mix of housing types
in the area and will help alleviate the housing shortage in Phoenix.
3.
As stipulated, the proposal provides enhanced pedestrian and bicycle amenities
consistent with the Gateway TOD Policy Plan, Comprehensive Bicycle Master Plan,
Tree and Shade Master Plan and the Complete Streets Guiding Principles.
Attachment D

Stipulations: 
 
1. 
The developer shall provide a minimum 5-foot-wide landscape area located between 
the sidewalk and the building along the north half of Van Buren Street. 
 
 
2. 
The developer shall provide a minimum 11-foot-wide landscape area located between 
the sidewalk and back of curb along the south half of Polk Street, as approved by the 
Planning and Development Department. 
 
 
3. 
In addition to the bicycle parking requirements per Section 1307.H.6 of the Phoenix 
Zoning Ordinance, the developer shall provide and maintain the following bicycle 
infrastructure as described below and as approved by the Planning and Development 
Department. 
 
 
 
a. 
Guest bicycle parking for multifamily residential use shall be provided at a 
minimum of 0.05 spaces per unit with a maximum of 50 spaces near entrances 
of buildings and installed per the requirements of Section 1307.H. of the 
Phoenix Zoning Ordinance. 
 
 
 
 
b. 
A bicycle repair station (“fix it station”) shall be provided on the site. The station 
shall include but not limited to: standard repair tools affixed to the station; a tire 
gauge and pump; and a bicycle repair stand which allows pedals and wheels 
to spin freely while making adjustments to the bike, as approved by the 
Planning and Development Department. 
 
 
4. 
The developer shall dedicate a minimum 10-foot-wide sidewalk easement for the north 
side of Van Buren Street, as approved by the Planning and Development Department.  
 
 
5. 
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. 
 
 
6. 
Clearly defined, accessible pedestrian pathways shall be provided to connect building 
entrances, bus stop pads, and public sidewalks, using the most direct route for 
pedestrians, as approved by the Planning and Development Department. 
 
 
7. 
Where pedestrian pathways cross drive aisles, they shall be constructed of decorative 
pavers, stamped or colored concrete, or other pavement treatments that visually 
contrast with the adjacent parking and drive aisle surfaces, as approved by the 
Planning and Development Department. 
 
 
8. 
Trees shall be placed to provide 75 percent shade coverage on all pedestrian 
pathways and sidewalks at full maturity. Shade structures may be used to meet the 
shade requirement in places where trees are unable to be located, as approved by the 
Planning and Development Department. 
 
 
9. 
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.

10. 
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. 
 
 
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. 
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. 
 
 
13. 
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. 
 
 
14. 
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. 
 
 
15. 
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 Angie 
Holdsworth at (602) 495-5622, TTY use 7-1-1.