Attachment C - VPC Summary - Z-90-22-4.pdf
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City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Village Planning Committee Meeting Summary
Z-90-22-4
Date of VPC Meeting
March 6, 2023
Request From
R1-6
Request To
R4-A
Proposed Use
Multifamily Residential
Location
Approximately 420 feet north of the northwest corner of
18th Place and Thomas Road
VPC Recommendation
Approval, per staff recommendation with a modification
VPC Vote
17-0
VPC DISCUSSION:
3 members of the public registered in support, wishing to speak.
6 members of the public registered in opposition wishing to speak.
5 members of the public registered in opposition not wishing to speak.
At this time, Members Coates and Cothron joined the meeting bringing the quorum to
17 members (9 being required for a quorum).
STAFF BACKGROUND PRESENTATION
Mr. Nick Klimek, staff, provided an overview of the request including the location,
existing and proposed zoning districts, and surrounding land uses. Mr. Klimek displayed
the site plan and elevations for the multifamily project and described community input
received. Mr. Klimek shared the staff findings and stated that staff recommends
approval, subject to stipulations. Mr. Klimek further noted that the Street Transportation
Department has requested a technical correction to Stipulation No. 5 and therefore
requested the following language be substituted:
“The developer shall dedicate right-of-way to construct a 50-foot right-of-way
radius cul-de-sac if reconstructed as depicted on the site plan dated November
09, 2022, as approved by the Planning and Development Department.”
APPLICANT PRESENTATION
Ms. Jennifer Boblick, with Sender and Associates, representing Brinshore and Save
the Family, introduced herself and provided an overview of the request.
ATTACHMENT C
Encanto Village Planning Committee Meeting Summary
March 6, 2023
Page 2 of 8
City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Mr. Scott Puffer, with Brinshore, introduced himself and provided an overview of the
organization which is working in partnership with Save the Family. Mr. Puffer explained
the development will be called Phoenix Scholar House and will include programming
that supports single parent households with an emphasis on educational access. Mr.
Puffer stated that Brinshore’s residential design includes one, two and three-bedroom
units that accommodate a range of income levels.
Jennifer Boblick stated that the Phoenix Scholar House design is appropriate for R-4A
zoning which allows for flexibility in density. Ms. Boblick stated that the site
accommodates existing traffic flow and can connect to utility connections. Ms. Boblick
stated the development will have 56 units and be 4 stories and 48 feet in height and will
not be a group home. Ms. Boblick stated that traffic on 18th Street will be minimal, and
a helicopter notification will be provided to potential residents.
Scott Puffer stated Phoenix Scholar House will consist of two buildings and will seek
green building certification as part of the design. Mr. Puffer mentioned the project is
within the Creighton School District and will provide additional housing opportunities for
students and faculty. Additional information on the Phoenix Scholar House can be found
at https://phoenixscholarhouse.org/
Maria Wilson, a graduate of the Scholar House in Louisville, KY in 2011, shared
information on the program’s activities for single parent households. Ms. Wilson stated
that Family Scholar House, a similar project provided support and assistance to help her
graduate from college. Ms. Wilson stated the program fosters participants to help others
in similar social and economic conditions. Ms. Wilson said she serves as an affiliate
director of Family Scholar House and thanked the Committee.
QUESTIONS FROM THE COMMITTEE
Committee Member Rick Mahrle asked what prevents this development from being
another apartment complex and what is the connection between the program and
building. Mr. Puffer stated there is a pre-residential program where residents in the
educational program must attend school. Mr. Puffer stated that Phoenix Scholar House
will be co-owned by Save the Family to ensure it will be affordable for residents.
Vice Chair Rodriguez questioned the stipulations and why there is a building height
adjustment. Mr. Klimek, staff, stated an adjusted building height to 30 feet would be
more conducive to the surrounding area. Vice Chair Rodriguez asked about the
enhanced north landscape setback and how they are not meeting the current setback.
Mr. Klimek, staff, stated that added trees would reduce the heat island effect. Vice
Chair Rodriguez asked about changing the cul-de-sac as part of the project design.
Mr. Klimek, staff, stated that a 50-foot right-of-way is needed to allow a truck to turn
around. Ms. Boblick mentioned that redeveloping the cul-du-sac as part of the
development would accommodate traffic access and maneuvering for service to the
site. Vice Chair Rodriguez inquired about the aircraft related disclosure and why this is
needed for the development. Mr. Klimek, staff, stated this is a standard notification
Encanto Village Planning Committee Meeting Summary
March 6, 2023
Page 3 of 8
City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
when there is a known nuisance in the area and is not intended to be a restrictive
stipulation.
Committee Member Matthew Jewett asked about the period the project would remain
affordable based on its funding source. Mr. Puffer stated the development will remain
affordable for up to 40 years. Committee Member Jewett asked about the density of
the project. Ms. Boblick stated that the proposed density would be consistent with the
General Plan. Committee Member Jewett asked if the traffic light at 18th Place and
Thomas could be adjusted for access to 18th Place. Mr. Klimek, staff, stated this is not
an option.
Committee Member Paul Benjamin asked is there any history of affordable housing
turning to for-profit apartments. Mr. Puffer stated some Family Scholar Houses, and the
majority of similar projects have affordability covenants that extend up to 30 years and
Brinshore has not sold any properties.
Committee Member Aaron Searles asked if 24 units would be affordable and the
others would be at market rate. Mr. Puffer stated that 24 units would be available at
various income rates for residents. Committee Member Searles asked how this project
will include sustainability. Mr. Puffer stated that solar panels will be on the covered
parking.
Chair Wagner asked about the number of trips that would prompt a traffic study. Ms.
Boblick stated the City reviews traffic flow rates and the Transportation Department has
reviewed the request in addition to a previous study for Phoenix Children’s Hospital.
Committee Member Steve Procaccini asked about the shade trees west of the
property. Mr. Klimek stated there is a setback for trees and solar panels will be on the
covered parking this will reduce heat on the site. Mr. Klimek expressed that the
Committee may also add stipulations. Committee Member Procaccini asked about
site lighting that might affect adjacent properties and if the applicant owns the parcels.
Mr. Puffer stated they have a purchase contract for the parcels. Committee Member
Procaccini asked if the zoning stipulation would stay with the property. Mr. Klimek,
staff, stated the stipulations noted are not connected to any individual owners.
PUBLIC COMMENTS
Mr. Jay Mann introduced himself as the Chief of Business Operations and
Development for Creighton School District and stated the school is experiencing
declining enrollment. Mr. Mann expressed that neighborhoods are developed and there
is no affordable housing projects like the Phoenix Scholar House with educational
access and preparation for residents. Mr. Mann stated the school district also has a
close relationship to Phoenix Children’s Hospital and that the district supports this
project.
Mr. Billy D. Reins introduced himself as the Pastor of the Church that owns the
property. Mr. Reins stated that he liked the project and supports its mission. Mr. Reins
Encanto Village Planning Committee Meeting Summary
March 6, 2023
Page 4 of 8
City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
expressed that the congregation supports Phoenix Scholar House and they have a
good record.
Ms. Bobbie Novak introduced herself as the President of Avalon Neighborhood
Association, where she has served for over 2 years. Ms. Novak stated she has
reviewed the General Plan, Encanto Planning Goals, The Housing Plan and the
Piestewa Parkway Plan. Ms. Novak said she likes the stipulations that have been
prepared and the R4-A zoning is a very specific type of rental community. Ms. Novak
stated that there is no incentive to keep the neighborhood nice and the project does not
bring in any new services. Ms. Novak expressed that the zoning exceeds the population
allowance and the project is not close to light rail. Ms. Novak stated that there are no
parks or green space in the area and the bus stops are not safe. Ms. Novak stated the
Avalon Neighborhood has a higher crime rate and there is a higher number of
registered sex offenders who live in the area. Ms. Novak expressed that the proposed
zoning is not appropriate for the location in Avalon and requests for a no vote from the
Committee.
Mr. Kirk Cheney introduced himself as a resident of Rose Court senior living, and
stated he has deep respect for the Phoenix Scholar House but oppose the project
because it places residents at risk. Mr. Cheney said he disagrees that the project is
consistent with the Encanto Character Plan and is not compatible with the existing
residential area. Mr. Cheney said the Rose Court residents walk outside and enjoy the
area and a four-story building would be obstructive. Mr. Cheney said the number of
residential units should be reduced and increased traffic will be a danger for the Rose
Court residents. Mr. Cheney stated he supports a traffic study since traffic has
increased in the area.
Ms. Chari Palomino introduced herself as the President of the Casa Tomas HOA. Ms.
Palomino stated a traffic study is needed because traffic has increased with Phoenix
Children’s Hospital and there are many ingress/egress points along Thomas Road. Ms.
Palomino mentioned that residents have been in car accidents since the construction of
the Starbucks. Ms. Palomino stated she has concern about the sewer line on the site
and that the zoning request should be denied.
Mr. James O’Donnell introduced himself as a resident of Casa Tomas Court and has
concerns about the increased traffic and a study should be done. Mr. O’Donnell echoed
the concerns of Ms. Palomino regarding increased traffic and safety in the area.
Ms. Kimberly Gateb introduced herself as a resident on Pinchot Avenue and stated the
proposed zoning is not appropriate for this area. Ms. Gateb shared that the site is not
sustainable and has no access to public transportation. Ms. Gateb stated that Phoenix
Scholar House is a good program but would be better in another location and supports
a no vote.
Mr. Cory Fetter introduced himself as a resident in Casa Tomas Court. Mr. Fetter
stated he likes the Phoenix Scholar House but opposes rezoning for several reasons
including impacts to infrastructure and emergency access to the area. Mr. Fetter stated
Encanto Village Planning Committee Meeting Summary
March 6, 2023
Page 5 of 8
City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
that the project alters the character of the neighborhood and would negatively impact
the area. Mr. Fetter stated he has concerns with the applicant not having secured
funding for the project.
Mr. Anthony Perez stated thank you, to the Committee for making recommendations
and supports Phoenix Scholar House.
APPLICANT RESPONSE
Mr. Scott Puffer stated he appreciates and respects the Committee’s comments. Mr.
Puffer said Phoenix Scholar House will be maintained and Brinstone builds quality
projects to become part on the community where they are located. Mr. Puffer stated he
would participate in a traffic study and would welcome the chance to make
improvements. Mr. Puffer stated that emergency services will be available for Phoenix
Scholar House and the adjacent residents.
Ms. Jennifer Boblick mentioned that 18th Place has businesses not residences and
that Rose Court is at the end of the street and is zoned R-5 which is compatible with
multifamily development. Ms. Boblick stated that the project will provide additional
services to the community.
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE
Committee Member Thacker asked what opponents would like to achieve with a traffic
study in the neighborhood and noted there are many driveways on Thomas Road. Ms.
Bobbie Novak stated the goal of a study is to get assistance for the roadway between
16th Street to AZ State Route 51 including the on-off ramp. Ms. Novak stated the
volume of traffic has increased and she does not see a solution. Ms. Novak stated the
traffic light on Thomas Road has no functional purpose and a traffic study would assist
with solutions and identify the proper zoning.
Committee Member Thacker stated the existing traffic volume is about 2000 trips per
day or more and increased traffic will not create a greater impact in terms of safety. Ms.
Novak stated this project will greatly reduce safety and fatalities will increase in the
neighborhood. Ms. Novak stated there has been resistance to getting a traffic study
done in the neighborhood and the R-4 zoning is intended for residents to have minimum
involvement in the community’s activities.
Vice Chair Rodriguez stated that the concern with fatalities and walkability is important
and would like to get more feedback from other Committee Members. Vice Chair
Rodriguez stated a traffic study may have a limited impact, but Vision Zero needs to be
part of the discussion. Vice Chair Rodriguez stated the Committee needs to look a data
driven solutions when discussing traffic and design and the biggest impact will be
fatalities. Vice Chair Rodriguez stated data driven solutions have been proven to work
but there have been challenges with the Street Department for decades. Vice Chair
Rodriguez stated there is a bus stop less than a quarter mile from the project location
and the site is overparked. Vice Chair Rodriguez expressed that Phoenix Scholar
Encanto Village Planning Committee Meeting Summary
March 6, 2023
Page 6 of 8
City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
House residents will be single parents and there will not be a high volume of traffic. Vice
Chair Rodriguez stated her concern that issues of character have been raised and she
understands exclusionary zoning and single-family housing, and this is not going to
work. Vice Chair Rodriguez stated increased density is going to be less impactful on the
environment and needs to be a consideration for this development. Vice Chair
Rodriguez stated anything beyond that is NIMBY, which is based on racist and class
ideology and the Committee is making decision for people that may or may not be
primarily white and this is disingenuous.
Committee Member Randy Schiller asked about the placement of the buildings and
the 50-foot setback. Mr. Klimek, staff, stated the stipulations will run with the land, and
the setback for the north and west will remain in place. Committee Member Schiller
stated he likes that the setbacks would remain, and the project may impact nine homes
to the west and five homes to the north. Mr. Klimek, staff, stated this information
appears to be correct.
Committee Member Brent Kleinman stated that no motion has been created and
asked if there is a motion. Chair Wagner asked for a motion.
MOTION
Committee Member Paul Benjamin motioned to recommend approval of Z-90-22-4
per the staff recommendation with the technical correction to Stipulation No. 5 as
presented by staff. Committee Member Thacker seconded the motion.
DISCUSSION
Committee Member Thacker stated he agrees with Vice Chair Rodriguez on the Vision
Zero piece and empathizes with the neighborhood regarding safety and walkability.
Committee Member Aaron Searles stated he really wants to have affordable housing
but with 35 letters of opposition he has concern and Phoenix is increasing in traffic and
he empathizes with them. Committee Member Searles echoed Vice Chair Rodriguez’s
point on density and how it affects many communities. Committee Member Searles
stated the Character Plan does address affordable housing options for growth and
investment and Phoenix Scholar House is a great project.
VOTE
17-0-0; motion to recommend approval of Z-90-22-4 per the staff recommendation with
a technical correction to Stipulation No. 5 passes with Committee Members Benjamin,
Bryck, Coates, Cothron, George, Jewett, Kleinman, Mahrle, Matthews, Picos,
Procaccini, Schiller, Searles, Tedhams, Thacker, Rodriguez and Wagner in favor.
Committee Member Thacker stated that the neighbors have been heard and he cares.
Vice Chair Rodriguez stated she would like a note added for the Planning Commission
that the staff recommendations are burdensome.
Encanto Village Planning Committee Meeting Summary
March 6, 2023
Page 7 of 8
City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:
No staff comments.
1.
The development shall be limited to a maximum height of 30 feet within 50 feet
of the north and west property lines.
2.
A minimum 15-foot-wide landscape setback with two offset rows of minimum
2-inch caliper shade trees shall be placed 20 feet on center or in equivalent
groupings along the north property line exclusive of the areas within 10 feet of
a public utility, as approved by the Planning and Development Department.
3.
An 8-foot-wide average landscape setback with minimum 2-inch caliper shade
trees shall be placed 20 feet on center or in equivalent groupings along the
east property line, as approved by the Planning and Development Department.
4.
The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a.
Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
and located either near the primary entrance to the building or within
the building. If outside, the bicycle parking shall be in secure facilities or
be installed per the requirements of Section 1307.H of the Phoenix
Zoning Ordinance.
b.
One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility to residents.
5.
The developer shall dedicate right-of-way to construct a 50-foot RIGHT-OF-
WAY radius cul-de-sac if reconstructed as depicted on the site plan dated
November 09, 2022, as approved by the Planning and Development
Department.
6.
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.
7.
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.
8.
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
Encanto Village Planning Committee Meeting Summary
March 6, 2023
Page 8 of 8
City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
applicant shall conduct Phase II archaeological data recovery excavations.
9.
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.
10.
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.
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 property owner shall record documents that disclose the existence, and
operational characteristics of helipads at Phoenix Children’s Hospital and
Abrazo Arizona Heart Hospital to future owners the property. Additionally,
lease documents shall explicitly disclose this information to future tenants of
the property.