Attachment D - PC Summary - Z-80-22-5.pdf

City of Phoenix — Formal (2023-05-03)

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REPORT OF PLANNING COMMISSION ACTION 
April 13, 2023 
ITEM NO: 8 
DISTRICT NO.: 5
SUBJECT:
Application #: 
Z-80-22-5
Location: 
Northwest corner of 15th Avenue and Montebello Avenue 
From:
PSC TOD-1
To: 
WU Code T5:5 SL 
Acreage:
12.15
Proposal:
Multifamily residential
Applicant: 
Taylor C. Earl, Earl and Curley, P.C. 
Owner: 
Christown 1755, LLC 
Representative: 
Taylor C. Earl, Earl and Curley, P.C. 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations.  
Village Planning Committee (VPC) Recommendation: 
Alhambra 2/28/2023 Approval, per staff recommendation, with modifications. Vote: 11-1.  
Planning Commission Recommendation: Approval, per the Alhambra Village Planning 
Committee recommendation. 
Motion Discussion:  
The applicant requested a correction to a typo in the Village Planning Committee recommended 
stipulation. Stipulation No. 2 should read that, “a minimum 10,000-square foot public open 
space area shall be provided nearby the Montebello Avenue streetscape and/or the 15th 
Avenue streetscape, as approved by the Planning and Development Department.” 
Motion details: Commissioner Busching made a MOTION to approve Z-80-22-5, per the 
Alhambra Village Planning Committee recommendation with a modification to Stipulation No. 2 
as requested by the applicant.  
 
Maker: Busching 
 
Second: Mangum 
 
Vote: 5-0 
Absent: Gaynor, Gorraiz, Jaramillo, and Simon 
 
Opposition Present: No 
Findings: 
1.
The development advances the vision and recommendations contained in the Transit
Oriented Development Strategic Policy Framework, the Solano Transit Oriented
Development Policy Plan, and 19North Transit Oriented Development District Policy
Plan.
ATTACHMENT D

2. 
The development, as stipulated, is compatible with the context of the area and utilizes 
setbacks and other design considerations to promote compatibility both in the short-
term and upon the redevelopment of the Christown Spectrum property. 
 
 
3. 
The development will create additional housing options in line with the Housing 
Phoenix Plan’s goal of preserving or creating 50,000 housing units by 2030. 
 
Stipulations: 
 
1. 
A building stepback regime shall be implemented along 15th Avenue as follows:  
 
a. 
No structure taller than 24 feet or two stories shall be permitted within 60 feet of 
the 15th Avenue right-of-way line. 
 
 
 
 
b. 
No structure taller than 36 feet or three stories shall be permitted within 150 feet 
of the 15th Avenue right-of-way line. 
 
 
 
 
c. 
No structure taller than 48 feet or four stories shall be permitted within 210 feet of 
the 15th Avenue right-of-way line. 
 
 
 
 
d. 
Maximum building height permitted under Walkable Urban Code T5:5 shall be 
permitted beyond 210 feet of the 15th Avenue right-of-way line. 
 
 
2. 
A minimum 10,000 square foot public open space area shall be provided in close 
proximity to the northwest corner of 15th Avenue and Montebello Avenue and shall be 
directly accessible NEARBY from the streetscape along Montebello Avenue 
STREETSCAPE and/or THE 15th Avenue STREETSCAPE, AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
3. 
A minimum of two NORTH TO SOUTH ORIENTED paseos PER SECTION 1304.H OF 
THE ZONING ORDINANCE shall be provided, ONE OF WHICH SHALL BE 
GENERALLY ALIGNED WITH THE MOVIE THEATER AND THE BACK ENTRANCE 
OF THE INDOOR MALL, AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT in the approximate areas identified in the site plan date stamped 
February 22, 2023. 
 
 
a. 
The area in Block B labeled pedestrian accessway 
 
 
 
 
b. 
The drive aisle area between the building of Phase 1 and Phase 2 generally 
aligned with the movie theater and the back entrance of the indoor mall. 
 
 
4. 
The developer shall construct a minimum 6-foot-wide sidewalk and minimum 7-foot-
wide landscape strip located between the back of curb and sidewalk along the north 
side of Montebello Avenue and the west side of 15th Avenue, as approved by the 
Planning and Development Department. 
 
 
5. 
On-site pedestrian pathways shall be shaded to 50% by vegetative methods, as 
approved by the Planning and Development Department. 
 
 
6. 
The developer shall deposit $200,000.00 in an escrow account to the Street 
Transportation Department to fund a pedestrian crossing of Montebello Avenue 
between15th and 17th Avenue, prior to final site plan approval during the second phase 
of development. Improvements may consist of additional curb, traffic control devices, 
signing and striping or as otherwise approved by the Street Transportation Department.

If the funds are not used after 5 years of certificate of occupancy for the second phase, 
the developer may request that the funds be returned from the Street Transportation 
Department. 
 
 
7. 
The developer shall construct a minimum 6-foot-wide concrete raised bike lane, 
separated from the pedestrian sidewalk by a landscape strip, along the north side of 
Montebello Avenue to delineate vehicular and bicycle traffic extending from 15th 
Avenue to 17th Avenue during phase two of development, as approved by the Street 
Transportation Department. 
 
 
8. 
The developer shall dedicate a minimum 8-foot-wide sidewalk easement along the north 
side of Montebello Avenue, as approved by the Planning and Development Department. 
 
 
9. 
The developer shall replenish the existing streetscape along 15th Avenue with shade 
trees, as approved by the Planning and Development Department. 
 
 
10. 
The applicant shall submit a Traffic Impact Study to the City for this development.  No 
preliminary approval of plans shall be granted until the study is reviewed and approved 
by the City. 
 
 
11. 
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. 
 
 
12. 
The developer shall incorporate bicycle infrastructure as described below and as 
approved by the Planning and Development Department. 
 
 
 
a. 
All required bicycle parking for multifamily use, per Section 1307.H.6.d of the 
Phoenix Zoning Ordinance, shall be secured parking. 
 
 
 
 
b.  
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 1307.H. of the Phoenix 
Zoning Ordinance. 
 
 
 
 
c. 
A bicycle repair station (“fix it station”) shall be provided and maintained by the 
developer near a secure bicycle parking area. 
 
 
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. 
A minimum of one milkweed shrub, or other native nectar species, shall be planted for 
every required tree in addition to the required shrubs, and shall be planted in groups of 
three or more, as approved by the Planning and Development Department. 
 
 
15. 
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 Angie 
Holdsworth at (602) 329-5065, TTY use 7-1-1.