Attachment D - PC Summary - Z-72-22-8.pdf

City of Phoenix — Formal (2023-05-03)

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REPORT OF PLANNING COMMISSION ACTION 
April 13, 2023 
ITEM NO: 5 
DISTRICT NO.: 8
SUBJECT:
Application #: 
Z-72-22-8 (Elliot 202 PUD) (Companion Case GPA-LV-4-22-8)
Location: 
Southeast corner of 59th Avenue and Elliot Road 
From: 
S-1 (Approved R1-6 PCD) and S-1 (Approved R-2 PCD)
To:
PUD
Acreage:
65.85
Proposal: 
Planned Unit Development to allow commercial, commerce park, and 
multifamily residential. 
Applicant:
IDM Companies
Owner: 
Clyde David and Marsha Lou Smith, The Smith Trust dated May 30, 2003 
Representative: 
Jason Morris, Withey Morris, PLC 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Laveen 1/9/2023 Information only. 
Laveen 2/13/2023 Information only. 
Laveen 3/20/2023 Approval, per the staff recommendation with additional stipulations.        
Vote: 8-0. 
Planning Commission Recommendation: Approval, per the Laveen Planning Committee 
recommendation with an additional stipulation. 
Motion Discussion: N/A 
Motion details: Commissioner Busching made a MOTION to approve Z-72-22-8, per the Laveen 
Village Planning committee recommendation with an additional stipulation that prior to 
occupancy, the developer must provide a qualified engineer’s report certifying the average 
annual interior noise exposure for any residential unit or enclosed public assembly area will not 
exceed 45 decibels. 
 
Maker: Busching 
 
Second: Mangum 
 
Vote: 5-0 
Absent: Gaynor, Gorraiz, Jaramillo, and Simon 
 
Opposition Present: Yes 
Findings: 
1.
The proposed development is compatible with the existing land use pattern in the area
and is consistent with the proposed General Plan Land Use Map designation of Mixed
Use (Commercial/ Commerce/Business Park) and Residential 15+ dwelling units per
acre.
ATTACHMENT D

2.  
The proposed development contains enhanced standards that will result in a more 
walkable, shaded and pedestrian-friendly environment. The development will provide 
increased shade which will help to reduce the urban heat island effect. 
 
 
3.  
The proposal will provide additional employment options, commercial services, and 
housing opportunities within the Loop 202 Freeway corridor.   
 
Stipulations: 
 
1. 
An updated Development Narrative for the Elliot 202 PUD reflecting the changes 
approved through this request shall be submitted to the Planning Department within 30 
days of City Council approval of this request. The updated Development Narrative shall 
be consistent with Development Narrative date stamped March 9, 2023, as modified by 
the following stipulations. 
 
 
 
a.  
Front Cover, add “City Council adopted: [Insert Adoption date]” 
 
 
 
 
b.  
Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses: Remove 
“Publicly operated buildings or properties” from this list. 
 
 
 
 
c. 
Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses: Add 
“Multifamily residential.”   
 
 
 
 
d.  
Page 7, Section C. List of Uses, Development Unit 1, Performance Criteria for 
Distribution Uses, modify this section as follows:  
 
 
 
 
 
No distribution and large-scale wholesale facilities are permitted as a primary 
use for a time period of 4 years from the date of rezoning approval.   
 
 
 
 
 
          * For the purposes of this PUD, “large-scale wholesale” is defined   
            as wholesale as a primary use for an individual user occupying  
            more than 50% of any individual building.  
 
 
 
 
e. 
Page 9, Development Standards – Development Unit 1, Parking Standards, add 
an Electric Vehicle Parking standards section with the following: Minimum 
Percentage of installed Level 2 EV Charging Stations. 2% of Required Parking. 
A minimum of 20 electric vehicle charging spaces shall be required for the 
overall development (DUs 1, 2, and 3).  
 
 
 
 
f.  
Page 9, Development Standards – Development Unit 1, Sidewalk and Trails, 
modify the SUP standards as follows:  
 
 
 
 
 
A 10-foot wide detached concrete Shared Use Path (SUP) shall be provided 
along the west property line within a 20-foot wide Shared Use Path Easement 
(SUPE) or sidewalk easement to be dedicated to the city.  
 
 
 
 
g.  
Page 13, Development Standards – Development Unit 2, Maximum Density, 
Add the following:  
 
 
 
 
 
Maximum 700 units for the overall PUD area  
 
 
 
 
h.  
Page 13, Development and Landscape Standards for Development Unit 2: Add 
the header “Development Standards – Development Unit 2” before development 
standards table.

i.  
Page 13, Development Standards – Development Unit 2, Sidewalk and Trails, 
modify the SUP standards as follows:   
 
 
 
 
 
A 10-foot wide detached concrete Shared Use Path (SUP) shall be provided 
along the west property line within a 20-foot wide Shared Use Path Easement 
(SUPE) or sidewalk easement to be dedicated to the city. 
 
 
 
 
j.  
Page 14, Development Standards – Development Unit 2, Parking Standards, 
add an Electric Vehicle Parking standards section with the following: Minimum 
Percentage of installed Level 2 EV Charging Stations: 2% of Required Parking. 
Minimum Percentage of EV Capable spaces: 5%. A minimum of 20 electric 
vehicle charging spaces shall be required for the overall development (DUs 1, 2, 
and 3).  
 
 
 
 
k. 
Page 16, Development Standards – Development Unit 3, Maximum Density, 
Add the following:  
 
 
 
 
 
Maximum 700 units for the overall PUD area.  
 
 
 
 
l. 
Page 16, Development and Landscape Standards for Development Unit 3: Add 
the header “Development Standards – Development Unit 3” before the 
development standards table. 
 
 
 
 
m. 
Page 17, Development Standards – Development Unit 3, Sidewalk and Trails, 
modify the SUP standards as follows:  
 
 
 
 
 
A 10-foot wide detached concrete Shared Use Path (SUP) shall be provided 
along the west property line within a 20-foot wide Shared Use Path Easement 
(SUPE) or sidewalk easement to be dedicated to the city. 
 
 
 
 
n. 
Page 17, Development Standards – Development Unit 3, Parking Standards, 
add an Electric Vehicle Parking standards section with the following: Minimum 
Percentage of installed Level 2 EV Charging Stations: 2% of Required Parking. 
Minimum Percentage of EV Capable spaces: 5%. A minimum of 20 electric 
vehicle charging spaces shall be required for the overall development (DUs 1, 2, 
and 3). 
 
 
 
 
o. 
Page 16, Development Standards – Development Unit 3, Building Setbacks, 
modify the South (Adjacent to Unit 2) to 15 feet.  
 
 
 
 
P. 
PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3 DESIGN 
GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN GUIDELINES FOR 
APARTMENT AND CARRIAGE UNIT ELEVATIONS, MODIFY THE PUBLIC 
STREET ELEVATIONS AS FOLLOWS: 
 
 
PUBLIC STREET FACING: 
 
25% MIN. GLAZING AND METAL RAILING 
 
10% MIN. BRICK VENEER 
 
15% MIN. HARDIE PLANK 
 
50% MAX. STUCCO

Q. 
PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3 DESIGN 
GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN GUIDELINES FOR 
APARTMENT AND CARRIAGE UNIT ELEVATIONS, MODIFY AS FOLLOWS: 
 
x 
APARTMENT ELEVATIONS SHALL FEATURE LARGE BALCONIES 
AND DEEP OVERHANGS TO VISUALLY CREATE LAYERED 
VOLUMES AND BREAK UP THE MASS OF EACH BUILDING TYPE. 
 
x 
BALCONIES ARE ENCOURAGED TO ORIENT TOWARD THE 
STREETS, WHERE POSSIBLE. 
 
x 
A MINIMUM OF THREE (3) APARTMENT BUILDING TYPES ARE 
PROVIDED. 
 
 
 
 
R. 
PAGE 25, F. SIGNS, ADD THE FOLLOWING LANGUAGE AFTER THE FIRST 
PARAGRAPH: 
 
x 
THERE SHALL BE A MAXIMUM OF TWO DIGITAL BILLBOARDS 
EACH AT A MAXIMUM HEIGHT OF 48 FEET. 
 
x 
ANY OFF-PREMISE SIGN SHALL INCLUDE BRANDED SCREENING 
ON THE BACKSIDE. 
 
 
 
 
pS. 
Page 26, Section G. Sustainability, 1. City Enforced Standards, move the third 
bullet point related to recycling to the Developer Goal section.  
 
 
 
2.  
Page 27, Circulation Systems: Remove “future development to dedicate and construct 
all typical half street right-of way and roadways necessary to serve the development”. 
 
 
3.  
The developer shall dedicate right-of-way and construct the south side of Elliot Road 
from 55th Avenue to the 202 Freeway, as required by the Tierra Montana Master 
Street Plan and as approved by the Planning and Development Department. 
 
 
4.  
The developer shall dedicate right-of-way and fully construct 59th Avenue, as required 
by the Tierra Montana Master Street Plan and as approved by the Planning and 
Development Department. 
 
 
5.  
The developer shall dedicate right-of-way and fully construct Carver Road, as required 
by the Tierra Montana Master Street Plan, and as approved by the Planning and 
Development Department. 
 
 
6.  
The developer shall submit a Traffic Impact Study including a signal warrant analysis 
for this development at the intersection of 59th Avenue and Elliot Road. No preliminary 
approval of plans shall be granted until the study has been reviewed and approved by 
the city. The developer shall be responsible for cost and construction of traffic signal or 
If traffic signal is not warranted upon opening, the developer will be required to provide 
50% contribution toward the traffic signal in an escrow account to the Street 
Transportation Department, as required by the approved traffic impact study.   
 
 
7.  
The developer shall submit a sight distance analysis for all driveways located along 
59th Avenue. Sight distance must comply with the Street AASHTO requirements and 
Transportation Departments Planning and Design Manual and as approved by the 
Street Transportation Department.

8.  
Existing irrigation facilities along public streets are to be undergrounded and relocated 
outside of City right-of-way. Contact SRP to identify existing land rights and establish 
the appropriate process to relocate the facility.   
 
 
9.  
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. 
 
 
10.  
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along Carver Road 
and a minimum 10-foot-wide multi-use trail (MUT) shall be constructed within the 
easement in accordance with the MAG supplemental detail and as approved by the 
Planning and Development Department.  
 
 
11.  
A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the east 
side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP) shall be 
constructed within the easement in accordance with the MAG supplement detail and as 
approved by the Planning and Development Department.   
 
 
12. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Goodyear 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. 
 
 
13.  
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 
 
 
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. 
 
 
15. 
PRIOR TO OBTAINING A PERMIT FOR AN OFF-PREMISE SIGN (BILLBOARD), 
THE APPLICANT MUST EXECUTE AN AGREEMENT WITH THE CITY OF 
PHOENIX, OUTLINING THE UTILIZATION OF 50% OF THE NET PROFITS FROM 
THE PROPOSED BILLBOARDS WITH SPECIFIC REGARD TO THE FOLLOWING: 
x 
SUBSIDIZATION OF RENT FOR LAVEEN RESIDENTS VIA IDM CARES;     
x 
LAVEEN ELEMENTARY SCHOOL DISTRICT; 
x 
CITY OF PHOENIX PARKS OPERATIONS FOR OLNEY PARK NEAR THE 
INTERSECTION OF 59TH AND OLNEY AVENUES, AS MODIFIED AND 
APPROVED BY THE PARKS AND RECREATION DEPARTMENT.  
  
THE 50% DONATION SHALL BE BROKEN DOWN INTO MINIMUM 25% OF 
REVENUE TO RENTAL ASSISTANCE AND MINIMUM 15% TO OLNEY PARK AS 
PART OF THE TOTAL 50%. 
 
THE AGREEMENT SHALL REMAIN IN FORCE AS LONG AS THE BILLBOARDS 
ARE OPERATIONAL OR UNTIL A CONTRIBUTION AMOUNT OF TWO MILLION 
DOLLARS HAS BEEN DONATED.

16. 
PRIOR TO OCCUPANCY, THE DEVELOPER MUST PROVIDE A QUALIFIED 
ENGINEER’S REPORT CERTIFYING THE AVERAGE ANNUAL INTERIOR NOISE 
EXPOSURE FOR ANY RESIDENTIAL UNIT OR ENCLOSED PUBLIC ASSEMBLY 
AREA WILL NOT EXCEED 45 DECIBELS. 
 
This publication can be made available in alternate format upon request. Please contact Angie 
Holdsworth at (602) 329-5065, TTY use 7-1-1.