Attachment C - VPC Summary - Z-35-23-8.pdf

City of Phoenix — Formal (2023-10-04)

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REVISED 
Village Planning Committee Meeting Summary 
Z-35-23-8
Date of VPC Meeting 
August 8, 2023 
Request From 
S-1, R1-6, R-4 and C-1
Request To 
C-1
Proposal 
Convenience store, gas station, and retail
Location 
Northeast corner of 27th Avenue and Southern 
Avenue 
VPC Recommendation 
Approval, per the staff recommendation, with 
modifications 
VPC Vote 
8-2
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
Three members of the public registered to speak on this item, one in favor and two 
opposed.  
STAFF PRESENTATION 
Samuel Rogers, staff, presented the request, the location of the subject site, the 
surrounding context, the General Plan Land Use Map designation, the Rio Montaña 
Area Plan, the site plan, proposed elevations, the staff recommendation, the staff 
findings, and concluded by presenting the proposed stipulations.  
Committee Member Holmerud asked about the stipulation requiring pavement 
treatments for pedestrian paths that cross vehicular paths. Mr. Rogers explained that 
the stipulation can be accomplished through the use of decorative pavers, stamped or 
colored concrete, or other pavement treatments. 
Committee Member Brooks stated concerns about the building pavement materials. 
Mr. Rogers stated that the question would be better suited for the applicant.  
Committee Member Marchuk asked if there is a specific amount of EV parking spaces 
required. Mr. Rogers explained that Stipulation No. 11 requires 10 percent of the 
required parking to be EV Ready.  
ATTACHMENT C

South Mountain Village Planning Committee 
Meeting Summary 
Z-35-23-8 
Page 2 of 7 
 
 
Committee Member Greg Brownell asked about the stipulation requiring general 
conformance to the elevations. Mr. Rogers explained that staff is recommending 
general conformance to the elevations with specific regard to the building materials.   
 
APPLICANT PRESENTATION 
 
Jason Morris, representing the applicant with Withey Morris Baugh, PLC, presented an 
overview of the site, the General Plan Land Use designations, the subject site’s zoning 
districts, and the request. Mr. Morris spoke about the history of the site’s zoning, the 
purpose of the request, and the option to develop the site without rezoning. Mr. Morris 
spoke about the site plan, landscaping, enhanced setbacks/buffers to the adjacent SFR 
developments, and the renderings.  
 
QUESTIONS FROM THE COMMITTEE 
 
Committee Member Brooks asked if alternate building material that reduce the urban 
heat island could be used. Mr. Morris stated that the applicant is open to alternative 
materials. 
 
Committee Member Brownell stated that Stipulation No. 11 should require 50% or 
100% of the required parking spaces be EV Ready and stated that Stipulation No. 7 
should require the streetscape be done in compliance with the cooperative extension 
agency and their Master Gardener Program called Right Plant, Right Place.  
 
Committee Member Holmerud echoed Committee Member Brownell’s statement 
regarding EV Parking, explained the difference between Level 1, Level 2, and Level 3 
chargers, and stated that minimum Level 2 chargers should be stipulated.  
 
Committee Member Busching asked about a wall shown on the site plan near the 
Multi-Use Trail and asked about the separation between the street and the Multi-Use 
Trail. Mr. Morris stated that the development will accommodate the Multi-Use Trail as 
stipulated and explained that the Multi-Use Trail will not be separated from the street at 
the bus bay location. Committee Member Busching asked about the location of the Rio 
Montaña Area Plan gateway feature on the site plan. Mr. Rogers explained that site 
plan was submitted prior to staff stipulating a Rio Montaña Area Plan gateway feature 
and spoke about the requirements of the gateway feature in the Rio Montaña Area Plan.  
 
Committee Member Marchuk asked for a summary of the outreach and feedback. Mr. 
Morris explained that the neighborhood meeting had been held at a local school and 
explained the feedback had been to show the location of other C-stores, what can be 
done if a rezoning is not approved, and how the neighborhoods are buffered. 
Committee Member Marchuk asked if the C-1 portion of the site would be developed if 
the rezoning request is not approved. Mr. Morris explained that the site would use an 
alternative site plan to develop the gas station if the rezoning request is unsuccessful.

South Mountain Village Planning Committee 
Meeting Summary 
Z-35-23-8 
Page 3 of 7 
 
 
 
Chair Daniels asked about hazardous waste. Mr. Morris reviewed the ADEQ 
requirements.  
 
Committee Member Marchuk asked who the potential user would be of the drive-
through pad. Mr. Morris stated there is not a potential user at this time.  
 
Committee Member Roque asked for more information regarding the public outreach. 
Mr. Morris explained that notices of the meeting were sent out by mail and explained 
about 7-10 people attended the meeting. Committee Member Roque asked how many 
residents are in the area. Mr. Morris explained there about 650 homes in the area. 
Committee Member Roque stated concerns about lack of awareness of people in the 
area regarding the rezoning, stated concerns about hazardous waste, and asked what 
time the meeting was held. Mr. Morris stated that meeting was held from 5:30 to 7:00. 
Stephanie Watney, with the development team, stated that 186 addresses had been 
noticed of the public meeting. Committee Member Roque asked about the safety of 
those unsheltered and the safety of the community. Mr. Morris explained that the L 
shape of the development ensures that all activity takes place in the front of the 
development near the intersection. 
 
PUBLIC COMMENT 
 
Hemanth K, stated that he had attended the public meeting and asked may questions 
and stated that the community is happy that the site is becoming a commercial zone. 
 
Mr. Rogers read two emails from the community regarding blight within the community 
and concerns about the negative impact of gas stations on the adjacent neighborhood.  
 
Rita Jensen stated concerns about accidents, traffic, and pedestrian safety at the 
intersection, explained that encampments will show up if there are benches and shade, 
and stated that there has been over 37 calls to the gas stations at 19th and Southern 
between January and July. 
 
APPLICANT RESPONSE 
 
Mr. Morris stated that traffic is a legitimate concern and the turning movements in and 
out of the site are being limited, stated that more uses keep more eyes, management, 
and activity on the site, and stated that the property manager will need to police the site.  
 
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE 
 
MOTION 
Committee Greg Brownell made a motion to recommend approval of Z-35-23-8 per 
the staff recommendation with a modification to Stipulation No. 7 to add a requirement

South Mountain Village Planning Committee 
Meeting Summary 
Z-35-23-8 
Page 4 of 7 
 
 
for the streetscape to be in compliance with the Cooperative Extensions Plan for Right 
Tree, Right Place and a modification to Stipulation No. 11 to require a minimum 50% of 
required parking spaces include Level 2 or greater EV Ready infrastructure. Committee 
Member Holmerud seconded the motion.  
 
Committee Member Aldama asked about the rationale behind requiring 50% of the 
required parking spaces include EV infrastructure and the percent of households with 
electric vehicles in the area. Committee Member Brownell explained that the 
Economist magazine, the American Planning Association, and Arizona Chapter of the 
American Planning Association all support a move to EV Ready sites.  
 
Chair Daniels asked how many parking spaces are proposed on the site. Mr. Morris 
stated that there are 61 spaces proposed.  
 
Committee Member Shepard asked if people pay when they use EV charging stations. 
Mr. Morris confirmed that EV charging stations generally cost money to use.  
 
Committee Member Brooks asked if EV parking spaces are reserved for electric 
vehicles only. Mr. Rogers explained the difference between EV Capable, EV Ready, 
and EV Installed infrastructure and stated that the proposed spaces would not include 
EV installed infrastructure. Elias Valencia, staff, explained that required parking spaces 
are open to everyone.  
 
Committee Member Marchuk asked if the developer would be amenable to the 
providing 50% of the required parking with EV Ready infrastructure. Mr. Morris 
explained that the developer is open to future proofing the site but mentioned concerns 
about the electric load of the EV spaces.  
 
VOTE 
8-2, motion to recommend approval of Z-35-23-8 per the staff recommendation with 
modifications passed with Committee Members Brooks, Brownell, Busching, F. Daniels, 
Holmerud, Marchuk, Shepard, and T. Daniels in favor, and Committee Members 
Aldama and Roque opposed.  
 
Committee Member Aldama explained he voted against the motion because he feels 
that the requirement for 50% of the required parking spaces to include EV Ready 
infrastructure is too high.  
 
Committee Member Marchuk stated he normally sides with the community, stated that 
the site will be a gas station regardless, and stated the site will provide a better project if 
the rezoning goes through.

South Mountain Village Planning Committee 
Meeting Summary 
Z-35-23-8 
Page 5 of 7 
 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION AND STIPULATIONS: 
 
1.  
The development shall be in general conformance with the elevations date 
stamped May 31, 2023 with specific regard to the brick veneer and synthetic 
stucco building material, as approved by the Planning and Development 
Department. 
 
 
2. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrasts parking and drive aisle surfaces, as 
approved by the Planning and Development Department. 
 
 
3. 
Eight bicycle spaces shall be provided on the site through Inverted U and/or 
artistic racks located near the building entrances or in a secure location inside 
the building and installed per the requirements of Section 1307.H. of the 
Phoenix Zoning Ordinance, as approved by the Planning and Development 
Department.  
 
 
4. 
A minimum of two of the required bicycle parking spaces shall include standard 
electrical receptacles for electric bicycle charging capabilities, as approved by 
the Planning and Development Department 
 
 
5. 
Bicycle parking spaces shall be shaded by a structure, landscaping at maturity, 
or a combination of the two to provide a minimum of 75% shade, measured at 
summer solstice at noon as shown on a shading study, as approved by the 
Planning and Development Department. 
 
 
6. 
A gateway feature announcing entry into the Rio Montaña Area shall be 
provided on the southwest corner of the site, as approved by the Planning and 
Development Department.   
 
 
7. 
Existing streetscape beginning at back of curb shall be replenished with trees 
and ground cover along Southern Avenue, as specified below and approved by 
the Planning and Development Department.   
 
 
 
a. 
Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade 
trees planted 20 feet on center or in equivalent groupings. 
 
 
 
b. 
Shrubs, accents and vegetative groundcovers maintained to a maximum 
height of 24 inches to achieve a minimum of 75% live coverage at 
maturity. 
 
 
 
 
C. 
THE STREETSCAPE SHALL BE IN COMPLIANCE WITH THE 
COOPERATIVE EXTENSIONS PLAN FOR RIGHT TREE, RIGHT

South Mountain Village Planning Committee 
Meeting Summary 
Z-35-23-8 
Page 6 of 7 
 
 
PLACE. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
8. 
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the 
east side of 27th Avenue and a minimum 10-foot-wide multi-use trail (MUT) 
shall be constructed within the easement, in accordance with the MAG 
supplemental detail and as approved or modified by the Planning and 
Development Department. 
 
 
 9. 
All pedestrian walkways, including sidewalks, shall be shaded by a structure, 
landscaping at maturity, or a combination of the two to provide a minimum of 
75% shade, measured at summer solstice at noon as shown on a shading 
study, as approved by the Planning and Development Department. 
 
 
10. All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed 
throughout the parking area and achieve 25% shade at maturity, as approved 
by Planning and Development Department.   
 
 
11. A minimum of 10% 50% of the required parking spaces shall be LEVEL 2 OR 
GREATER EV Ready.  
 
 
12. Access along Southern Avenue shall be located at the easternmost limits of the 
parcel and shall be restricted to right-in / right-out only. 
 
 
13. Access on 27th Avenue shall be located at the northernmost limits of the parcel 
and shall be restricted to right-in / right-out only. 
 
 
14. The developer shall construct all streets within and adjacent to the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and 
other incidentals, as per plans approved by the Planning and Development 
Department. All improvements shall comply with all ADA accessibility 
standards.  
 
 
15. The bus bay on northbound 27th Avenue shall be retained, as approved by the 
Planning and Development Department. 
 
 
16. 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.

South Mountain Village Planning Committee 
Meeting Summary 
Z-35-23-8 
Page 7 of 7 
 
 
 
 
17. 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. 
 
 
18. 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. 
 
 
19. 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 has no comments.