Attachment D - Z-34-20-3 - RECOMMENDATION_REVISED.pdf
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City of Phoenix • Planning & Development Department 200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 Village Planning Committee Meeting Summary Z-34-20-3 REVISED 2/27/2023 Date of VPC Meeting February 15, 2023 Request From C-3 Request To PUD Location Northeast corner of Cave Creek Road and Shangri La Road alignment VPC Recommendation Approve, per the staff recommendation with modifications VPC Vote 15-0-0 VPC DISCUSSION: At this time, Committee Members O’Hara and Sommacampagna joined the meeting bringing the quorum to 15 members (10 being required for a quorum). No speaker cards were received on this item. STAFF PRESENTATION Mr. Nick Klimek, staff, provided an overview of the site, its policy context, the proposal, and the staff recommendation. He noted that staff received one letter of support for the proposal from a nearby business owner. He indicated that the Street Transportation Department would like to revise the language in Stipulation No. 3 for clarity. He indicated that the applicant wishes to move Stipulation No. 3 from a stand-along stipulation that would require a sidewalk easement to be dedicated immediately to a sub-point of Stipulation No. 2 which would require the sidewalk easement be dedicated once the cumulative floor area of the site is modified by 2,000 square feet or more, including demolition. APPLICANT PRESENTATION Mr. Chris Colyer, of Snell and Wilmer, introduced himself as representing the applicant. The proposal was presented to the North Mountain VPC in June of 2022 for “Information Only” and the feedback from that meeting was generally positive. The proposal is to rezone an existing landscape facility that has been operating on the site since 2012 and was recently purchased by the new owner. The new owner learned that the use is not operating legally in its C-3 zone and would require A-1 zoning. The purpose of the PUD would allow an established use to continue operating on the site that is consistent with nearby uses while also ensuring that enhancements occur both ATTACHMENT D City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 immediately and upon redevelopment of the site. The PUD allows C-3 uses, prohibits some such as marijuana dispensaries, and allows the current use to remain subject to a series of development standards. The PUD will remove all landscape material storage from the front of the site and relocate all storage materials to the rear of the site, replace all perimeter walls, chain- link fence, and barbwire fence with decorative walls and view fence, and implement a streetscape that includes shade trees and shrubs. Additionally, the PUD limited the height of pallet storage permitted to 8 feet and requires 20 percent of shrubs and ground cover to be of a species that supports pollinators. Mr. Colyer stated that the intent of the PUD is to allow an existing use to continue, subject to improvements, until the site is eventually expanded or redeveloped when a full suite of improvements will occur. One element of the existing use is the existing monument sign. As written, Stipulation No. 3 would require a sidewalk easement be dedicated immediately and the monument sign is located within that easement area and would therefore need to be demolished. He indicated that his client is not opposed to a sidewalk easement but asked that the committee allow the easement to be required only when the site redevelops, or the use expands. QUESTIONS FROM COMMITTEE Committee Member Krentz asked staff for the potential implications of the applicant’s request regarding the sidewalk easement. Mr. Klimek responded that the Street Transportation Department requested the stipulation to fulfil the cross section for Cave Creek Road as identified on the Street Classification Map. Both approaches would require a sidewalk easement, however, the delayed dedication would complicate the city’s ability to complete a capital infrastructure project such as installing new detached sidewalks or trails along Cave Creek Road. Committee Member Elizabeth Perez expressed concern regarding traffic speeds and crashes. Committee Member Nadine Alauria echoed these concerns. Committee Member Joshua Matthews asked how many vehicles enter and leave the property daily. Mr. Colyer stated that they do not have data on vehicular crashes but noted that the improvements to the site should create better visibility for vehicles leaving the site and entering Cave Creek Road. Mr. Craig Mauk introduced himself as a representative of Pioneer Landscape Centers and indicated that the site generates approximately 200 vehicle trips per day. He stated that he expects the site will reduce the number of customer pick-up orders in favor if regional deliveries and that he expects the traffic volume to decrease. Committee Member Alauria asked about the Proposition 207 Waiver. Mr. Colyer responded that the Arizona Legislature passed a law, commonly referred to as Proposition 207, which prevents a municipality from making a zoning decision that may decrease the value of a property without offering compensation. An owner may waive their claims under this law when pursuing voluntary rezoning actions. Committee Member Alauria asked if a marijuana dispensary would be permitted on the site. Mr. Colyer stated that a marijuana dispensary is a prohibited use under the proposed PUD. City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 Chair Gabriel Jaramillo stated that the reduced traffic volume and the improved visibility will be positive for safety along Cave Creek Road. PUBLIC COMMENTS None. APPLICANT RESPONSE None. COMMITTEE DISCUSSION None. MOTION Committee Member Krentz made a motion to approve Z-34-20-3, per the staff recommendation with the following modifications: 1) Delete Stipulation No. 3. 2) Create Stipulation No. 2.D. to read as follows: “the developer shall dedicate a total 50-feet of right-of-way where the last 10-feet may be dedicated as sidewalk easement for the east side of Cave Creek Road, as approved by the Planning and Development Department.” Committee Member Perez seconded. VOTE 15-0-0; motion to recommend approval of Z-34-20-3, per the staff recommendation and as modified by the motion, passed with Committee Members Adams, Alauria, Barraza, Krentz, Larson, Matthews, McBride, O'Connor, O'Hara, Perez, Sommacampagna, Veidmark, Whitney, Vice Chair Fogelson, and Chair Jaramillo in favor; none in opposition, and none abstaining. STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS No staff comments. 1. An updated Development Narrative for the Pioneer Landscape Center 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 November 30, 2022 as modified by the following stipulations. a. Front Cover: Add “City Council adopted: [Insert Adoption date].” b. Page 9: Change the heading title from “Proposed PUD” to “PUD Requirements.” c. Page 10, Section D4: Shade: Replace the shade standard as follows: a. Public and private sidewalks Minimum 75% b. Employee and customer parking areas Minimum 25% City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 d. Page 10: Add a section regarding required vehicular parking standards, including the following: “Vehicular parking standards shall follow Section 702 requirements of the Zoning Ordinance.” 2. For any development that modifies the cumulative floor area of any building by more than 2,000 square feet, including demolition, from that depicted on the conceptual site plan date stamped November 30, 2022, the conceptual site plans, conceptual landscape plans, and elevations shall be administratively approved by the Planning Hearing Officer prior to preliminary site plan approval with specific regard to the inclusion of the below elements. This review is for conceptual purposes only. Specific development standards and requirements will be determined by the Planning and Development Department. a. There shall be no more than one point of ingress/egress from Cave Creek Road. b. The public sidewalk along Cave Creek Road shall be constructed to a width of 5 feet and detached from the back of curb by a minimum 11-foot- wide landscape area planted to the following standards, as approved by the Planning and Development Department. Where utility conflicts exist, the developer shall work with the Planning and Development Department on alternative design solutions consistent with the creation of a comfortable pedestrian environment. i. Minimum 3-inch caliper, large canopy, single-trunk, shade trees shall be placed 25 feet on center or in equivalent groupings. ii. Drought tolerant shrubs and vegetative groundcovers shall be maintained at maximum height of 24 inches to provide a minimum of 75 percent live coverage at maturity. c. A minimum of 4 bicycle parking spaces shall be provided through Inverted U and/or artistic racks located near building entrances and installed per the requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as approved by the Planning and Development Department. Artistic racks shall adhere to the City of Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan. D. THE DEVELOPER SHALL DEDICATE A TOTAL 50-FEET OF RIGHT- OF-WAY WHERE THE LAST 10-FEET MAY BE DEDICATED AS SIDEWALK EASEMENT FOR THE EAST SIDE OF CAVE CREEK ROAD, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT 3. The developer shall dedicate a 10-foot sidewalk easement for the east half of Cave Creek Road, as approved by the Planning and Development Department. 3. 4. 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 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 Development Department. All improvements shall comply with all ADA accessibility standards. 4. 5. 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. 5. 6. 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.