Attachment C - VPC Summary - Z-75-22-8.pdf

City of Phoenix — Formal (2023-04-05)

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City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
Z-75-22-8
Date of VPC Meeting 
February 13, 2023 
Request From 
S-1, S-1 (Approved R1-10 PCD), and S-1 (Approved C-2
PCD)
Request To 
C-1
Proposed Use 
Multifamily residential
Location 
Southwest corner of 51st Avenue and Elliot Road
VPC Recommendation 
Approval, per the staff recommendation with a 
modification and an additional stipulation 
VPC Vote 
7-0
VPC DISCUSSION & RECOMMENDED STIPULATIONS:
Eight members of the public registered to speak on this item. Six of the members 
donated their time. 
STAFF PRESENTATION: 
Enrique Bojórquez, staff, provided an overview of the rezoning proposal, describing 
the location of the request, the existing and proposed zoning districts and land use 
designation. Mr. Bojórquez listed several policy plans and described how these are 
furthered by this proposal. Mr. Bojórquez discussed the proposal, including the site 
plan and elevations, noting that staff does not recommend general conformance to the 
site plan as it requires revisions. Mr. Bojórquez stated that staff did receive one letter of 
opposition regarding this request. Mr. Bojórquez provided staff findings, followed by the 
staff recommendation of approval, and discussed the stipulations as presented in the 
staff report for case Z-75-22-8. Mr. Bojórquez stated there was a typo in Stipulation No. 
5 and suggested that this stipulation be corrected if the proposal is recommended for 
approval. 
APPLICANT PRESENTATION: 
Ben Tate, representing the applicant with Withey Morris PLC., introduced himself and 
the proposed project. Mr. Tate described the location of the site and existing zoning on 
the site and surrounding area. Mr. Tate discussed previous versions and current 
version of the building renderings and site plan. Mr. Tate added that a final version of 
the site plan is still being finalized as their team workouts the ingress and egress to the 
ATTACHMENT C

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
site with the Street Transportation Department. Mr. Tate discussed the amenities that 
will be provided in each of the units and common areas throughout the site. Mr. Tate 
provided a summary of the public outreach conducted and project benefits. Mr. Tate 
concluded the presentation by requesting a recommendation of approval. 
 
QUESTIONS FROM COMMITTEE: 
 
Rebecca Perrera liked the additional open space on the latest site plan shown by the 
applicant and asked for clarification on the building elevations proposed. 
 
Mr. Tate clarified and discussed the conceptual building elevations (renderings) 
proposed. Ms. Perrera stated that the second elevation proposed could use more 
color. 
 
Carlos Ortega asked for clarification on the amount of open space being provided, 
noting that 10 percent open space is not significant particularly for families. 
 
JoAnne Jensen asked for clarification on the street access. 
 
Dean Chiarelli asked if the proposed units will be rentals or owner-occupied. 
 
PUBLIC COMMENTS: 
 
Dan Penton stated that the LCRD reviewed this development and has questions about 
the street access. Mr. Penton stated that this site has historic context and asked for 
homage to be paid to this history by having unique elements such as a silo at the main 
entry, as this element is significant of the era. Mr. Penton suggested that it would also 
be great if the name of the project could be changed to Barney Ranch given the 
history. Mr. Penton supports the project but wants to see window framing on the 
building elevations. Mr. Penton is overall satisfied with this project. Chair Abegg added 
that in the past, black window frames have been used in other projects. 
 
APPLICANT RESPONSE: 
 
Mr. Tate stated that 20 percent open space is not achievable on a horizontal product 
as proposed, adding that each dwelling unit will have a rear yard as well for additional 
space. Mr. Tate stated that access is a challenge to the site due to the proximity to the 
intersection, but their team is continuing to work with the Street Transportation 
Department regarding the access. Mr. Tate stated that this project will be for rental 
units and the applicant is open to monumentation and changing the name on the 
project. 
 
FLOOR/PUBLIC DISCUSSION CLOSED: COMMITTEE DISCUSSION:  
 
Chair Abegg asked the applicant if black paint could be considered around the window 
frames. Mr. Tate responded that his team would be open to this suggestion but need 
additional time to investigate this. 
 
Chair Abegg asked if there is a stipulation that addresses a certain percentage of 
material for the building elevations and why staff does not require general conformance 
to the proposed site plan. Mr. Bojórquez responded that the applicant is still working

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
with the Street Transportation Department to address their site access, which could 
impact the layout of the development. Mr. Bojórquez responded the initial site plan 
submitted with this rezoning application needed to be revised to meet minimum 
development standards, noting the landscape setbacks along the street frontages. Mr. 
Bojórquez added that Stipulation No. 1 limits the maximum density on the site. 
 
Chair Abegg asked if there is a stipulation that requires a minimum percentage of 
open space on the site. Mr. Bojórquez responded that there is no stipulation in the 
staff report requiring this. 
 
Carlos Ortega asked if the name of the development could be legally required. Mr. 
Ortega asked if the committee should add an additional stipulation requiring the review 
of building elevations in a future meeting. Chair Abegg asked if the committee could 
stipulate general conformance to the building renderings shown by the applicant. Mr. 
Bojórquez responded that staff does not recommend stipulating general conformance 
to building renderings as these often lack details, but the renderings shown by the 
applicant are meant to be representative of the building elevations presented to the 
committee and addressed in Stipulation No. 2. Chair Abegg feels comfortable with 
leaving the stipulation as is given that the elevations contain some nice elements. 
 
Chair Abegg asked for a motion on the case. 
 
MOTION (Z-75-22-8): 
 
Carlos Ortega motioned to approve Z-75-22-8 per the staff recommendation with a 
modification to Stipulation Nos. 5 and additional stipulation. JoAnne Jensen seconded 
the motion. 
 
Modified Stipulation: 
 
5. 
Perimeter walls, perimeter surrounding the development, along 51st 
Avenue and Elliot Road, shall be a minimum of 50% open, as approved 
by the Planning and Development Department. 
 
Additional Stipulation: 
 
28. 
A minimum of 10% of the gross project area shall be retained as open 
space, as approved by the Planning and Development Department. 
 
VOTE (Z-75-22-8): 
 
7-0; motion to recommend approval of Z-75-22-8 per the staff recommendation with a 
stipulation modification and an additional stipulation, passes with Committee Members 
Barraza, Chiarelli, Jensen, Ortega, Perrera, Hurd and Abegg in favor. 
 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS 
 
The following stipulations reflect all of the stipulations approved at the February 13, 
2023 Laveen Village Planning Committee meeting on case Z-75-22-8:

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
 
1. 
The maximum density for the project shall not exceed 10 dwelling units per gross 
acre.  
 
 
2. 
The development shall be in general conformance with the building elevations 
date stamped February 3, 2023, as modified by the following stipulations and 
approved by the Planning and Development Department. 
 
 
3. 
All required landscape setbacks shall be planted with minimum 50% 2-inch 
caliper, and minimum 50% 3-inch caliper large canopy, drought-tolerant trees, 
planted 20 feet on center or in equivalent groupings, as approved by the Planning 
and Development Department. 
 
 
4. 
The primary vehicular entrance to the development shall include the following 
elements, as approved by the Planning and Development Department: 
 
 
 
a. 
Pedestrian pathways connecting the interior of the development to the 
public sidewalks along both sides of the vehicular driveway. 
 
 
 
 
b. 
The pedestrian pathways shall be detached from the vehicular driveway 
and lined with landscape areas on both sides of not less than 5 feet wide. 
The landscape area shall be planted with drought-tolerant plant materials 
providing seasonal interest and 75% live cover. 
 
 
 
 
c. 
A mix of ornamental trees (no less than 2-inch caliper), shrubs (no less 
than five, five-gallon shrubs per tree) and flower beds that will provide a 
variety of texture and color throughout the year and 75% live cover, shall 
be provided along both sides of the entryway and within a landscaped 
median of no less than 5 feet. 
 
 
 
 
d. 
The driveway surface shall be constructed of decorative pavers, stamped 
or colored concrete, or another material, other than those used to pave 
the parking surfaces. 
 
5. 
Perimeter walls, perimeter surrounding the development, along 51st Avenue and 
Elliot Road, shall be a minimum of 50% open, as approved by the Planning and 
Development Department. 
 
 
6. 
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. 
 
 
7. 
All uncovered surface parking lot areas shall be landscaped with a minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed 
throughout the parking area and achieve 25% shade at maturity, as approved by 
Planning and Development Department. 
 
 
8. 
The bus stop pad adjacent to the development shall be shaded a minimum of 50% 
using drought-tolerant shade trees at maturity and/or a shade structure, as

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
approved by the Planning and Development Department. 
 
 
9. 
A minimum of one pedestrian pathway shall be provided within close proximity to 
the intersection of 51st Avenue and Elliot Road, as approved by the Planning and 
Development Department. 
 
 
10. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other pavement 
treatments that visually contrasts parking and drive aisle surfaces. Vehicular 
crossings shall be kept to a minimum. 
 
 
11. 
The developer shall provide traffic calming measures at all vehicular points of 
ingress and egress to slow vehicles departing the development and crossing the 
public sidewalks, as approved by the Planning and Development Department. 
 
 
12. 
A minimum of 30 bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks 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. 
Artistic racks shall adhere to the City of Phoenix Preferred Designs in Appendix K 
of the Comprehensive Bicycle Master Plan. 
 
 
13. 
The developer shall construct a bus stop pad on southbound 51st Avenue in 
accordance with City of Phoenix Standard Detail P1260 with a depth of 10 feet 
and located from Elliot Road according to City of Phoenix Standard Detail P1258, 
as approved by the Planning and Development Department. 
 
 
14. 
Public sidewalks adjacent to the development shall be shaded a minimum of 75%, 
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 a pedestrian environment. 
 
 
15. 
The developer shall construct detached sidewalks along 51st Avenue and Elliot 
Road, as required by the Tierra Montana Master Street Plan, as approved by the 
Planning and Development Department. 
 
 
16. 
The developer shall dedicate right-of-way and construct improvements along the 
south side of Elliot Road as required by the Tierra Montana Master Street Plan, as 
approved by the Planning and Development Department. 
 
 
17. 
The developer shall dedicate right-of-way and construct improvements along the 
west side of 51st Avenue as required by the Tierra Montana Master Street Plan, 
as approved by the Planning and Development Department. 
 
 
18. 
Access control for the site shall follow the approved Tierra Montana Master Street 
Plan or as approved by the Street Transportation Department.  
 
 
19. 
The developer shall construct the median along Elliot Road as required by the 
Tierra Montana Master Street Plan from 52nd Drive to the western limits of APN 
300-02-046R including appropriate tapers, as approved by the Street

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Transportation Department. 
 
 
20. 
The developer shall submit a Traffic Impact Statement including a signal warrant 
analysis for this development. No preliminary approval of plans shall be granted 
until the statement has been reviewed and approved by the city. The developer 
shall be responsible for cost and construction of a traffic signal or if a traffic signal 
is not warranted upon opening, the developer will be required to provide 25% 
contribution toward a traffic signal in an escrow account to the Street 
Transportation Department, as required by the approved Traffic Impact Statement. 
 
 
21. 
The developer shall provide conduit and junction boxes at the southwest corner of 
51st Avenue and Elliott. The plans shall be submitted and approved by the Street 
Transportation and Planning and Development Departments. 
 
 
22. 
Existing irrigation facilities along 51st Avenue 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. Relocations that 
require additional dedications or land transfer require completion prior to obtaining 
plat and/or civil plan review approval. 
 
 
23. 
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. 
 
 
24. 
A qualified historian, architectural historian or cultural resource firm shall 
document the history of Barney Ranch within one year of rezoning approval in 
accordance with Part IV of the Arizona Reporting Standards for Cultural 
Resources, as approved by the Historic Preservation Office. 
 
 
25. 
The property owner shall record documents that disclose the existence and 
operational characteristics of Phoenix Sky Harbor 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. 
 
 
26. 
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. 
 
 
27. 
Prior to preliminary site plan approval, the landowner shall execute a Proposition 
207 Waiver of Claims forms. 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. 
 
 
28. 
A MINIMUM OF 10% OF THE GROSS PROJECT AREA SHALL BE RETAINED 
AS OPEN SPACE, AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
Z-75-22-8 
INFORMATION ONLY 
Date of VPC Meeting 
January 9, 2023 
Request From 
S-1, S-1 (Approved R1-10 PCD), and S-1 (Approved C-1
PCD)
Request To 
C-1
Proposed Use 
Multifamily Residential
Location 
Southwest corner of 51st Avenue and Elliot Road
VPC DISCUSSION:
Item No. 8 (Z-75-22-8), Item No. 9 (GPA-LV-4-22-8), Item No. 10 (Z-72-22-8), Item 
No. 11 (GPA-LV-5-22-7), and Item No. 12 (Z-73-22-7) were heard together. 
Four members of the public registered to speak on these item. Two of the members 
donated their time. 
APPLICANT PRESENTATION: 
Jason Morris, representing the applicant with Withey Morris PLC, introduced himself 
and the three proposed projects by IDM. Mr. Morris stated that he will provide a 
combined presentation for agenda items 8 though 12. Mr. Morris provided an 
overview of IDM, describing the Columbia Tech Center, which is owned by IDM. Mr. 
Morris then introduced Item No. 8 (Z-75-22-8), by the name of Curato, describing the 
site location, changes made to the site plan and elevations, and the proposed site 
plan plus elevations. Mr. Morris stated that 171 dwelling units are now proposed, with 
the primary access along Elliot Road. Mr. Morris described the proposed building 
elevations, renderings, site amenities, and housing plus retail trends in the area. Mr. 
Morris concluded by listing various project benefits. Mr. Morris then introduced Item 
Nos. 9 (GPA-LV-4-22-8) and 10 (Z-72-22-8), by the name of Acero Laveen, 
describing the site location, development units, site plans, renderings, landscape 
concepts, common tenants in commerce parks, proposed buffering, traffic circulation, 
and referenced other developments. Mr. Morris described site amenities proposed in 
Development Unit 2, housing trends, and off-premise signage. Mr. Morris concluded 
by listing various project benefits. Mr. Morris then introduced Item Nos. 11 (GPA-LV-
5-22-7) and 12 (Z-73-22-7), by the name of Envision Dobbins 202 West, describing
the site location and how this development furthers the Loop 202 technology corridor.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Mr. Morris described the site plan, project phases, renderings, common tenants in 
commerce parks, and provided an example of a common distribution facility. Mr. 
Morris stated that there are performance criteria for distribution facilities embedded in 
the proposed PUD Narrative. Mr. Morris described the project benefits and concluded 
by summarizing the outreach conducted on these cases. 
 
QUESTIONS FROM COMMITTEE: 
 
None. 
 
PUBLIC COMMENTS: 
 
Dan Penton stated that on case Z-75-22-8, staff was not in favor of the initial 
multifamily zoning proposed there. Mr. Penton discussed multifamily projects in the 
area and has concerns with the buildings proposed on case Z-72-22-8 due to the 
height, scale, and lack of commercial uses. Mr. Penton stated that the frontage along 
59th Avenue that is proposed looks bad due to the building locations. Mr. Penton 
discussed a bicycle way and improving connectivity on the site. Mr. Penton has 
concerns with the proposed 
 
Phil Hertel registered to speak on these items but was disconnected during public 
comment portion. 
 
APPLICANT RESPONSE: 
 
None. 
 
COMMITTEE DISCUSSION:  
 
Carlos Ortega stated that too many projects are being presented at one time by the 
applicant and feels overwhelmed. Mr. Ortega would like for applicants to present their 
projects individually instead. 
 
Rebecca Perrera would like to see refinement in the building elevations and became 
confused by the numerous projects discussed at one time. 
 
Chair Abegg would like to see more details on each case and is not supportive of 
distribution facilities as primary uses permitted in sites. Chair Abegg would like to see 
a stipulation reserving a grocery store location in the area. 
 
Mr. Morris responded that he would gladly present these cases separately in the 
future.