Attachment D - PC Summary - Z-35-23-8.pdf

REPORT OF PLANNING COMMISSION ACTION 
September 7, 2023 
ITEM NO: 17 
DISTRICT NO.: 8
SUBJECT:
Application #: 
Z-35-23-8
Location: 
Northeast corner of 27th Avenue and Southern Avenue 
From: 
C-1, S-1, R1-6, and R-4
To:
C-1
Acreage:
2.98
Proposal: 
Convenience store, gas station, and retail 
Applicant: 
Jason Morris, Withey Morris Baugh, PLC 
Owner: 
AD Alliance II, LP, et al. 
Representative: 
Jason Morris, Withey Morris Baugh, PLC 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
South Mountain 8/8/2023 Approval, per the staff recommendation with modifications. 
Vote: 8-2.  
Planning Commission Recommendation: Approval, per the South Mountain Village 
Planning Committee recommendation with modifications. 
Motion Discussion: N/A 
Motion details: Commissioner Busching made a MOTION to approve Z-35-23-8, per the 
South Mountain Village Planning Committee recommendation with a modification to 
Stipulation No. 11 to replace 50% with 15%, and Stipulation Nos. 12 and 13 to add “or 
as approved by the Street Transportation Department”. 
 
Maker: Busching 
Second: Vice Chairman Gaynor 
 
Vote: 6-0 
Absent: Mangum, Perez, Simon 
 
Opposition Present: Yes 
Findings: 
1.
The proposal is consistent with the General Plan Land Use Map designation of
Commercial, the Rio Montaña Area Plan, and with the character of the surrounding
area.
2.
The proposal, as stipulated, will create a strong pedestrian environment along Southern
Avenue with shaded and detached sidewalks and a multi-use trail alignment along 27th
Avenue. These pathways will convey individuals safely and comfortably to the nearby
educational uses, commercial uses, and residential neighborhoods.
ATTACHMENT D

3. 
The proposed C-1 zoning district is compatible with the C-2 zoning district to the west 
across 27th Avenue and the C-1 zoning district to the south across Southern Avenue.  
 
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 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% 15% 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, OR AS APPROVED BY THE STREET 
TRANSPORTATION DEPARTMENT.   
 
 
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, OR AS APPROVED BY THE STREET 
TRANSPORTATION DEPARTMENT.   
 
 
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. 
 
 
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.  
 
This publication can be made available in alternate format upon request. Please contact 
Teleia Galaviz 602-602-291-2559, TTY use 7-1-1.