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

City of Phoenix — Formal (2021-07-01)

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REPORT OF PLANNING COMMISSION ACTION 
June 3, 2021 
ITEM NO: 7 
DISTRICT NO.: 8
SUBJECT:
Application #: 
Z-8-21-8 (Companion Case GPA-SM-1-21-8)
Location: 
Approximately 100 feet north of the northwest corner of 36th Street 
and Wayland Drive 
From:
R1-6
To:
R-3
Acreage:
18.41
Proposal: 
Multifamily residential townhome community (condominiums) 
Applicant: 
Withey Morris, PLC 
Owner: 
36th & Southern, LLC 
Representative: Benjamin Tate, Withey Morris, PLC 
ACTIONS: 
Staff Recommendation:  Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
South Mountain 5/11/2021 Approval, per the staff recommendation, with modifications. 
Vote: 11-0. 
Planning Commission Recommendation: Approval, per the South Mountain Village 
Planning Committee recommendation, with an additional stipulation.  
Motion Discussion: N/A 
Motion details: Commissioner Howard made a MOTION to approve Z-8-21-8, per the 
South Mountain Village Planning Committee recommendation, with the additional 
stipulation as read into the record.  
 
Maker: Howard 
 
Second: Johnson 
 
Vote: 8-0 
Absent: Gorraiz 
Opposition Present: No  
Findings: 
1.
As stipulated, the requested R-3 zoning is consistent with surrounding land
uses and will allow for an appropriate transition between single-family
residential uses, a public park, and commerce park development.
2.
This proposed development provides a new housing option in the area that is
consistent with surrounding developments and the goals of the Esteban Park
Area Plan (EPAP).
Attachment D

3. 
The development, as stipulated, will improve connectivity in the area and 
activates the 36th Street and Esteban Park frontages. 
 
 
Stipulations: 
 
1. 
Building elevations shall be developed to the following standards, as 
approved by the Planning and Development Department: 
 
  
 
a. Building elevations shall contain multiple colors, exterior accent 
materials and textural changes that exhibit quality and durability such 
as brick, stone, colored textured concrete or stucco, to provide a 
decorative and aesthetic treatment, as approved by the Planning and 
Development Department. 
 
  
 
b. Building elevations adjacent and oriented to public streets and the 
public park, shall contain a minimum of 25 percent brick, masonry, 
stone or another exterior accent material that exhibits quality and 
durability. 
 
  
 
c. All building elevations shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, 
variation in window size and location, pitched roofs and/or overhang 
canopies, as approved by the Planning and Development Department. 
 
 
2. 
Building height shall be limited to two stories and 30 feet. 
 
 
3. 
There shall be no balconies on the upper floors of residential dwellings 
adjacent or oriented toward single-family residential homes not part of this 
development. 
 
 
4. 
The required landscape setbacks shall be planted to the following standards, 
as described below and as approved or modified by the Planning and 
Development Department: 
 
 
 
a. Large canopy evergreen trees 20 feet on center, or in equivalent 
groupings, shall be planted where residential units are adjacent or 
oriented towards single-family residential homes not a part of this 
development; 
 
  
 
b. Large canopy drought-tolerant trees 20 feet on center, or in equivalent 
groupings, shall be utilized unless otherwise stated; 
 
  
 
c. 50 percent 2-inch caliper, 40 percent 3-inch caliper and 10 percent 4-
inch caliper trees shall be utilized; 
 
  
 
d. Five 5-gallon shrubs per tree, and additional shrubs or live 
groundcover, shall provide minimum 75 percent live cover at maturity;

Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
5. 
The development shall be limited to a MAXIMUM density of 192 DWELLING 
UNITS 12.50 dwelling units per gross acre. 
 
 
6. 
The development shall provide a primary and secondary vehicular access to 
the site along 36th Street. The secondary access point may serve as 
vehicular ingress and egress, or limited to vehicular egress and emergency 
access only, as approved or modified by the Planning and Development 
Department. 
 
 
7. 
Individual dwelling units adjacent to 36th Street and Esteban Park shall 
provide an entryway that is either elevated, depressed or includes a feature 
such as a low wall not exceeding 40 inches in height to accentuate the 
primary entrance, plus oriented towards the public street or public park, as 
approved by the Planning and Development Department. 
 
 
8. 
The primary entrance to the development from 36th Street shall include the 
following elements, as approved by the Planning and Development 
Department: 
 
 
 
a. Pedestrian pathways connecting the interior of the development to the 
public sidewalks along both sides of the vehicular entryway into the 
development. 
 
  
 
b. The pedestrian pathways shall be detached from the primary vehicular 
entryway with a minimum 5-foot wide landscaped accent area 
provided on both sides of the entryway into the development. The 
landscaped accent areas shall provide a visually unique character with 
drought-tolerant plant materials providing seasonal interest and 75 
percent live cover. 
 
  
 
c. A median island of no less than 5 feet in width shall be located 
centrally within the vehicular entryway into the development and 
accented by a minimum of three drought-tolerant trees, and drought-
tolerant, ornamental, flowering shrubs to provide a minimum 75 
percent live cover. Twenty five percent of the required live cover may 
be ground cover plants. 
 
  
 
d. The driveway surface shall be constructed of decorative pavers, 
stamped or colored concrete, or another material, other than those 
used to pave the parking surfaces, as approved by the Planning and 
Development Department. 
 
 
9. 
Perimeter walls adjacent to the public park shall be limited to open view 
fencing or a combination of maximum three feet of solid masonry topped by 
open view fencing, as approved by the Planning and Development 
Department.

10. 
All perimeter walls visible from a public street shall include material and 
textural differences, such as stucco and/or split face block with a decorative 
element, such as tile or stamped designs, as approved by the Planning and 
Development Department. 
 
 
11. 
The development shall include the following amenities and elements at a 
minimum, distributed between the open space area(s) throughout the site, as 
approved by the Planning and Development Department: 
 
 
 
a. Swimming pool. 
 
  
 
b. Clubhouse. 
 
  
 
c. Two picnic areas, each with one barbecue grill, shade ramada and a 
picnic table. 
 
  
 
d. Five benches distributed throughout the development, including one 
bench located within close proximity to 36th Street. 
 
  
 
e. Turf area(s) of no less than a combined 1,000 square feet. 
 
  
 
f. Community garden area(s) of no less than a combined 1,000 square 
feet that will each include a garden tool library, irrigation, and one 
bench or seating feature. 
 
  
12. 
Open space areas shall have a minimum 50 percent shade, including amenity 
and seating areas, and a minimum of 50 percent live vegetative cover 
(shrubs, grasses, or groundcover plants), as approved by the Planning and 
Development Department. 
 
  
13. 
Pedestrian paths shall be shaded to a minimum of 75 percent using 
architectural shade and/or shade trees at full maturity, as approved by the 
Planning and Development Department. 
 
 
14. 
The developer shall provide a system of pedestrian thoroughfares, as 
described below and as approved or modified by the Planning and 
Development Department: 
 
  
 
a. Direct connection to the sidewalk along 36th Street for individual 
dwelling units adjacent to this street. 
 
  
 
b. The developer shall provide a minimum of two pedestrian paths 
connecting to the sidewalk along 36th Street, exclusive of pedestrian 
connections along vehicular entryways. 
 
  
 
c. Illuminated by pedestrian scale lighting per Section 1304(H)5 for a 
pathway connecting 36th Street along the primary entrance, passing 
through a central amenity area, and terminating at the west property 
line.

d. Where pedestrian paths and vehicular crossings exist, the pathway 
shall be constructed of decorative pavers, stamped or colored 
concrete, or other pavement treatments that visually contrasts parking 
and drive aisle surfaces. Vehicular crossings shall be kept to a 
minimum. 
 
  
 
e. Connections to/between: 
 
  
 
 
(1) All residential dwellings; 
 
 
 
 
 
(2) All amenity facilities and active open space areas; 
 
 
 
 
 
(3) The sidewalk along 36th Street; 
 
 
15. 
The development shall provide a minimum 1,000 square foot PUBLICLY 
ACCESSIBLE pedestrian seating node and amenity area along the most 
northern portion of the development adjacent to the western edge of 36th 
Street (future cul-de-sac portion) to include the following elements at a 
minimum, as approved by the Planning and Development Department: 
 
 
 
a. Two benches or seating features; 
 
  
 
b. Bicycle repair station (“fix it station”) provided and maintained in an 
area of high visibility and separated from vehicular maneuvering 
areas, where applicable. The repair station shall include: standard 
repair tools affixed to the station; a tire gauge and pump affixed to the 
base of the station or the ground; and a bicycle repair stand which 
allows pedals and wheels to spin freely while making adjustments to 
the bike. 
 
  
 
c. Amenity area that includes either/or combination of a community 
garden, art feature, nature walk, natural features such as boulders or 
fountains, or other uniquely identifying features; 
 
  
 
d. A landscaped accent area, exclusive of perimeter landscaping and 
right-of-way, planted and maintained with at least three plant materials 
including a series of annuals that will each maintain a constant bloom 
throughout the year; 
 
 
16. 
The public sidewalk along 36th Street shall be detached with a minimum five-
foot wide landscaped strip located between the sidewalk and back of curb and 
planted to the following standards, as approved by the Planning and 
Development Department: 
 
 
 
a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed 
a minimum of 25 feet on center or in equivalent groupings to provide 
shade to a minimum 75 percent of the sidewalk. 
 
  
 
b. Drought tolerant vegetation designed to grow to a maximum mature 
height of 24 inches and achieve 75 percent live coverage.

Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
17. 
 A minimum of four bicycle parking spaces shall be provided through Inverted 
U and/or artistic racks located near each vehicular point of ingress or egress 
and installed per the requirements of Section 1307.H. of the Phoenix Zoning 
Ordinance, as approved by the Planning and Development Department. 
Artistic racks shall adhere to the City of Phoenix Preferred Designs in 
Appendix K of the Comprehensive Bicycle Master Plan. 
 
 
18. 
The developer shall provide traffic calming measures at all vehicular points of 
ingress / egress to slow vehicles departing the development and crossing the 
public sidewalks, as approved by the Planning and Development Department. 
 
 
19. 
The developer shall dedicate a minimum of 5 feet of right-of-way for a total 
30-foot half-street right-of-way, and construct the west half of 36th Street, as 
approved by the Planning and Development Department. 
 
 
20. 
The developer shall complete the 50-foot radius cul-de-sac termination at 36th 
Street, as approved by the Planning and Development Department. 
 
 
21. 
Existing irrigation facilities along 36th Street are to be undergrounded and/or 
relocated outside of City right-of-way. Contact SRP to identify existing land 
rights and establish appropriate process to relocate facility. Relocations that 
require additional dedications or land transfer require completion prior to 
obtaining plat and/or civil plan review approval. 
 
 
22. 
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. 
 
 
23. 
The developer shall record a Notice of Prospective Purchasers of Proximity to 
Airport in order to disclose the existence and operational characteristics of 
Phoenix Sky Harbor International Airport (PHX) to future owners or tenants of 
the property. 
 
 
24. 
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. 
 
 
25. 
In the event archeological 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 Archeologist, and allow time for the 
Archeology Office to properly assess the materials. 
 
 
26. 
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 
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.