Attachment D - PC Summary - Z-90-22-4.pdf

City of Phoenix — Formal (2023-05-03)

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REPORT OF PLANNING COMMISSION ACTION 
April 13, 2023 
ITEM NO: 12 
DISTRICT NO.: 4
SUBJECT:
Application #: 
Z-90-22-4
Location: 
Approximately 420 feet north of the northwest corner of 18th Place and 
Thomas Road 
From:
R1-6
To:
R-4A
Acreage:
1.63
Proposal:
Multifamily residential
Applicant: 
Brinshore Development, LLC 
Owner: 
East Phoenix Church of God, et al. 
Representative: 
Sender Associates 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations.  
Village Planning Committee (VPC) Recommendation: 
Encanto 3/6/2023 Approval, per staff recommendation with a modification. Vote: 17-0.  
Planning Commission Recommendation: Approval, per the Encanto Village Planning Committee 
recommendation with a modification and additional stipulations. 
Motion Discussion:  
The applicant proposed stipulations as follows: 
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. THE PROPERTY OWNER SHALL COORDINATE
WITH THE ADJACENT PROPERTY TO THE EAST TO REACH A MUTUALLY AGREEABLE
DESIGN SOLUTION FOR THE LANDSCAPE PLAN AND BOUNDARY WALL ON THE EAST
PROPERTY LINE.
Separate stipulations: 
THE SIDEWALK SHALL CONNECT TO THE ADJACENT SIDEWALK ON THE WEST SIDE 
OF 18TH PLACE, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 
THE PROPERTY OWNER SHALL WORK WITH THE STREET TRANSPORTATION 
DEPARTMENT TO INCLUDE A TRAFFIC CALMING FEATURE OR A CROSSWALK FOR 
GREATER SAFETY IN CROSSING 18TH PLACE. 
WINDOWS ON THE EAST BUILDING ELEVATION WITHIN 20 FEET OF THE EAST 
PROPERTY LINE SHALL HAVE MINIMUM 5 FOOT BASE SILL HEIGHT. 
OUTDOOR STAIRS WITHIN 20 FEET OF THE EAST PROPERTY LINE SHALL BE 
ENCLOSED, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 
ATTACHMENT D

Motion details: Commissioner Busching made a MOTION to approve Z-90-22-4, per the 
Encanto Village Planning Committee recommendation with the stipulations as requested by the 
applicant and an additional stipulation that the developer shall comply with HUD standards 
outlined in 24 CFR 51.4 Subpart B regarding noise abatement and control and will provide all 
applicable documentation of compliance prior to final site plan approval. 
 
 
Maker: Busching 
 
Second: Boyd  
 
Vote: 5-0 
 
 
 
Absent:  Gaynor, Gorraiz, Jaramillo, and Simon 
  
 
Opposition Present: Yes 
 
Findings: 
 
1. 
The proposed development will provide additional affordable housing units which 
advances the purpose and intent of the Housing Phoenix Plan. 
 
 
2. 
The proposal is appropriate at this location due to its compatibility with the surrounding 
land uses. 
 
 
3. 
The proposed development will support alternative transportation through the inclusion 
of bicycle parking and a bicycle repair station near a bus transit corridor in a manner 
aligned with the purpose and intent of the Complete Streets Guidelines.  
 
Stipulations: 
 
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. THE PROPERTY 
OWNER SHALL COORDINATE WITH THE ADJACENT PROPERTY TO THE EAST 
TO REACH A MUTUALLY AGREEABLE DESIGN SOLUTION FOR THE 
LANDSCAPE PLAN AND BOUNDARY WALL ON THE EAST PROPERTY LINE. 
 
 
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 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. 
 
 
13. 
THE SIDEWALK SHALL CONNECT TO THE ADJACENT SIDEWALK ON THE 
WEST SIDE OF 18TH PLACE, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
14. 
THE PROPERTY OWNER SHALL WORK WITH THE STREET TRANSPORTATION 
DEPARTMENT TO INCLUDE A TRAFFIC CALMING FEATURE OR A 
CROSSWALK FOR GREATER SAFETY IN CROSSING 18TH PLACE. 
 
 
15. 
WINDOWS ON THE EAST BUILDING ELEVATION WITHIN 20 FEET OF THE 
EAST PROPERTY LINE SHALL HAVE MINIMUM 5-FOOT BASE SILL HEIGHT. 
 
 
16. 
OUTDOOR STAIRS WITHIN 20 FEET OF THE EAST PROPERTY LINE SHALL BE 
ENCLOSED, AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT.

17. 
THE DEVELOPER SHALL COMPLY WITH HUD STANDARDS OUTLINED IN 24 
CFR 51.4 SUBPART B REGARDING NOISE ABATEMENT AND CONTROL AND 
WILL PROVIDE ALL APPLICABLE DOCUMENTATION OF COMPLIANCE PRIOR 
TO FINAL SITE PLAN APPROVAL. 
 
This publication can be made available in alternate format upon request. Please contact Angie 
Holdsworth at (602) 329-5065, TTY use 7-1-1.