Attachment D - PC Summary - Z-84-22-7.pdf

REPORT OF PLANNING COMMISSION ACTION 
March 2, 2023 
ITEM NO: 12 
DISTRICT NO.: 7
SUBJECT:
Application #: 
Z-84-22-7
Location: 
Approximately 315 feet south of the southeast corner of 83rd Avenue and 
McDowell Road 
From:
C-2 HGT/WVR
To: 
C-2 HGT/WVR DNS/WVR
Acreage:
10.48
Proposal:
Multifamily residential
Applicant: 
Jason Morris, Withey Morris, PLC 
Owner: 
Residence at McDowell, LLC 
Representative: 
Jason Morris, Withey Morris, PLC 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulation. 
Village Planning Committee (VPC) Recommendation: 
Maryvale 2/8/2023 Approval, per the staff recommendation with an additional stipulation. Vote: 
9-2.
Planning Commission Recommendation: Approval, per the Maryvale Village Planning 
Committee recommendation. 
Motion Discussion: N/A 
Motion details: Commissioner Perez made a MOTION to approve Z-84-22-7, per the Maryvale 
Village Planning Committee recommendation.  
 
Maker: Perez 
 
Second: Gorraiz 
 
Vote: 7-0 
Absent: Gaynor and Simon 
 
Opposition Present: No 
Findings: 
1.
As stipulated, the proposal will provide increased shade and help reduce the urban
heat island effect.
2.
The proposal will redevelop an underutilized property and provide a high-quality
multifamily residential development which is consistent with the surrounding land uses.
3.
The proposal will allow for additional housing opportunities in the Village and will
help alleviate the housing crisis.
ATTACHMENT D

Stipulations: 
 
1.  
Upon complete redevelopment or development that increases the cumulative floor 
area by more than 15% from that depicted on the site plan date stamped October 27, 
2022, building elevations shall contain multiple colors, exterior accent materials, and 
textural changes that exhibit quality and durability such as brick, stone, colored 
textured concrete, or stucco, to provide a decorative aesthetic treatment, as approved 
by the Planning and Development Department.  
 
 
2.  
The landscape setback along McDowell Road and 83rd Avenue shall be planted with a 
minimum 50% 2-inch caliper trees, minimum 25% 3-inch caliper trees, and minimum 
25% 4-inch caliper trees, as approved by the Planning and Development Department. 
Where possible, the developer shall use existing trees and landscaping to meet the 
landscaping requirements.  
 
               
3. 
Where landscape areas will be replenished, a minimum of 10% of the required shrubs, 
shall be a milkweed or other native nectar species, and shall be planted in groups of 
three or more, as approved by the Planning and Development Department.  
 
 
4. 
All uncovered surface parking lot areas shall be landscaped with minimum 2- inch 
caliper drought-tolerant shade trees. Landscaping shall be dispersed throughout the 
parking area and achieve 10 percent shade at maturity, as approved by Planning and 
Development Department.  
 
 
5.  
Where pedestrian walkways cross drive aisles, the pathway shall be constructed with 
decorative pavers, stamped, or colored concrete, or another treatment material, other 
than those used to pave parking surfaces and drive aisles, as approved by the 
Planning and Development Department.  
 
 
6.  
THE FOLLOWING AMENITIES SHALL BE PROVIDED AND DISPERSED 
THROUGHOUT THE DEVELOPMENT, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT:  
 
 
 
A.  
RAMADAS  
 
 
 
 
B.  
BBQ  
 
 
 
 
C.  
TOT LOT  
 
 
 
 
D.  
DOG PARK  
 
 
6. 
7.  
Bicycle infrastructure shall be provided as described below and as approved by the 
Planning and Development Department.  
 
 
 
a. 
A minimum of 10 bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks, or in a secure room and located throughout the site 
including near the centralized open space and installed per the requirements of 
Section 1307.H. of the Phoenix Zoning Ordinance, as approved by the Planning 
and Development Department.  
 
 
 
 
b. 
One bicycle repair station (“fix it station”) shall be provided and maintained on 
site within an amenity area or near a primary site entrance. The bicycle repair 
station (“fix it station”) shall be provided in an area of high visibility and 
separated from vehicular maneuvering areas, where applicable. The repair

station shall include: standard repair tools affixed to the station; a tire gauge 
and pump affixed to the base of the station or the ground; and a bicycle repair 
stand which allows pedals and wheels to spin freely while making adjustments 
to the bike.  
 
 
7. 
8. 
Upon complete redevelopment or development that increases the cumulative floor 
area by more than 15% from the depicted on the site plan date stamped October 27, 
2022, a minimum 6-foot-wide sidewalk shall be provided along the south side of 
McDowell Road and be detached with a minimum 10-foot-wide landscaped strip 
located between the back of the sidewalk and back of curb, as approved by the 
Planning and Development Department. The landscape strip will be planted with 
minimum 2-inch caliper trees planted 20 feet on center or in equivalent groupings with 
five 5-gallon shrubs per tree. Where utility conflict exists, the developer shall work with 
the Planning and Development Department on alternative design solutions consistent 
with a pedestrian environment.   
 
 
8. 
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. 
 
 
9. 
10.  
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. 
 
 
10. 
11. 
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. 
 
 
11. 
12. 
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. 
 
 
12. 
13.  
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.