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