Attachment D - PC Summary - Z-4-21-4.pdf

REPORT OF PLANNING COMMISSION ACTION 
May 6, 2021 
ITEM NO: 11 
DISTRICT NO.: 4
SUBJECT:
Application #: 
Z-4-21-4
Location: 
Northeast corner of 3rd Street and Clarendon Avenue 
From:
C-2
To: 
WU Code T4:3 MT 
Acreage:
0.73
Proposal: 
Multifamily residential 
Applicant: 
Keith Helmuth, BHABK Holdings 1, LLC 
Owner: 
BHABK Holdings 1, LLC 
Representative: Amy Malloy 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Encanto 4/5/2021 Approval, per the staff recommendation. Vote: 10-0. 
Planning Commission Recommendation: Approval, per the Encanto Village Planning 
Committee recommendation, with an additional stipulation.  
Motion Discussion: N/A 
Motion details: Commissioner Howard made a MOTION to approve Z-4-21-4, per the 
Encanto Village Planning Committee recommendation, with the stipulation as read into 
the record.  
Maker: Howard 
 
Second: Gorraiz 
 
Vote: 9-0 
Absent: None   
Opposition Present: One registration in opposition; however, they were not 
present at the meeting.  
Findings: 
1.
The proposal will redevelop an underutilized property and provide a high
quality multifamily residential development with which will help alleviate the
housing shortage in Phoenix.
2.
The proposal provides a new housing option to contribute to the mix of housing
types in the area and is consistent with the Midtown TOD Policy Plan
designation as a site suitable for redevelopment.
Attachment D

3. 
As stipulated, the proposal provides enhanced pedestrian and bicycle 
amenities consistent with the Midtown TOD Policy Plan, Comprehensive 
Bicycle Master Plan, Tree and Shade Master Plan and the Complete Streets 
Guiding Principles. 
 
Stipulations: 
 
1.  
All public sidewalks shall be detached with a minimum 5-foot-wide landscape 
area located between the sidewalk and back of curb along the north half of 
Clarendon Avenue and a minimum 6-foot-wide landscape area located 
between the sidewalk and back of curb along the east half of Third Street, as 
approved by the Planning and Development Department.  
 
 
2. 
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 
1306.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. 
 
 
3. 
The developer shall dedicate a minimum 6-foot-wide sidewalk easement for 
the east side of 3rd Street, as approved by the Planning and Development 
Department.  
 
 
4. 
The developer shall dedicate a minimum of 5 feet for the west side of the alley, 
as approved by the Planning and Development Department. 
 
 
5. 
All vehicular site access shall be provided from the alley, consistent with the 
Walkable Urban Code standards and as approved by the Planning and 
Development Department. 
 
 
6. 
All public sidewalks shall be located in a dedicated public sidewalk easement, 
as approved by the Planning and Development Department. 
 
 
7. 
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. 
 
 
8. 
Where pedestrian pathways cross drive aisles, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or another

material, other than those used to pave parking surfaces and drive aisles, as 
approved by the Planning and Development Department. 
 
 
9. 
Clearly defined, accessible pedestrian pathways shall be provided to connect 
building entrances, and public sidewalks, using the most direct route for 
pedestrians, as approved by the Planning and Development Department. 
 
 
10. 
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.   
 
 
11. 
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. 
 
 
12. 
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. 
 
 
13. 
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. 
 
 
14. 
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.