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January 25, 2023 Z2022035 Page 1 of 4 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: January 25, 2023 Case #/Title: Z2022035 – Caliber Four Points EDR Supervisor District: 1 Applicant/Owners: Taylor Earl / Southpointe HoldCo, LLC - Elliot & 51st Street LLC/Uptown Square LLC Request: Rezone from C-2 to C-2 CUPD Site Location: Generally located at the SWC of Eliot Rd & Interstate-10 in the Phoenix – Ahwatukee area. Site Size: Approximately 7.6 acres County Island Status: Yes (City of Phoenix) Additional Comments: This request is to rezone approximately 7.6 acres from C-2 to C-2 CUPD to accommodate a multi-family development of 196 dwelling units as well as conversion of an existing 6-story 160 room hotel into 100 residential units. The commercial zoning and redevelopment of the multi-story commercial building and site to include residential components, although not specifically proposed at this time, presents opportunity for mixed-use redevelopment including a mix of uses with the multi-story building. City of Phoenix provided comment on the subject application and requested several development standards as conditions of approval. The applicant has incorporated all design standards requested by City of Phoenix. Commission Recommendation: On 12/8/22, the Commission voted 9-0 to recommend approval of Z2022035 subject to conditions ‘a’ – ‘g’: a. A Plan of Development is approved subject to site plan entitled “Conceptual Site Plan for Caliber – Four Points“, consisting of 2 full-size sheets, dated January 2022, and stamped received October 27, 2022, except as modified by the following conditions. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established January 25, 2023 Z2022035 Page 2 of 4 CUPD development standards as approved by the Board of Supervisors. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Caliber – Four Points”, consisting of 16 pages, dated August 31, 2022, and stamped received October 27, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 4. At the time of the Building Permit, the applicant must demonstrate how off- site flows will be conveyed along the east side of the site at the parking area north of the existing billboard. Historic flows must be maintained. 5. 51st Street is within the jurisdiction of the City of Phoenix. The applicant will be responsible for coordinating with the City to review any traffic impact, right- of-way dedication, permitting or roadway improvement requirements. 6. Given the site’s proximity to I-10, the applicant should inquire of any concerns with ADOT via their red-letter process (email redletter@azcot.gov). 7. The subject site is located within the County’s Urbanized Area. A Storm Water Pollution Prevention Permit (SWPPP) from the County will be required prior to issuance of any construction permits. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required. PND Transportation Plan Review R/W Information: 51st Street (City of Phoenix Jurisdiction) a. Current Classification: Per City of Phoenix b. Future Classification: Per City of Phoenix c. Existing R/W: 30 Feet d. Ultimate R/W: Per City of Phoenix January 25, 2023 Z2022035 Page 3 of 4 d. Prior to initial construction permit, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Phoenix that details either a timeline for annexation, or an agreement to provide water and sewer service. In lieu of pre- annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). e. The following C-2 CUPD standards shall apply: 1. Maximum Height: 61’ existing hotel tower only 2. Minimum Side Yard: 0’ between Parcel 1 and Parcel 3 3. Minimum Rear Yard: 0’ between Parcel 1 and Parcel 3 4. Parking: 1.68 per dwelling unit; 20% reserved guest parking and 5% reserved ADA totaling 376 parking spaces. 5. A minimum 10-foot-wide landscape setback shall be provided along the south property line. 6. A pedestrian access connection to nearest public sidewalk shall be provided along 51st Street. 7. The sidewalk along 51st Street shall be shaded. 8. Bicycle parking for residents shall be provided, up to 20. 9. The landscape setbacks shall be planted at a minimum with 50 percent 2-inch caliper large canopy shade trees and 50 percent 3-inch caliper large canopy shade trees, planted 20 feet on center or equivalent groupings, with five 5-gallon shrubs per tree and appropriate ground cover f. Prior to issuance of the initial building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. h. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the January 25, 2023 Z2022035 Page 4 of 4 Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. Presented by: Daniel Johnson, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 12/8/22 P&Z Packet (54 pages) Note: 12/8/22 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2022035 Page 1 of 15 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2022035 – Caliber Four Points EDR Hearing Date: December 8, 2022 Supervisor District: 1 Applicant: Taylor Earl, Earl & Curley, P.C. Owners: Elliot & 51st Street LLC/Uptown Square LLC/Southpointe Holdco LLC Request: Zone Change with Overlay from C-2 to C-2 CUPD to allow for a new multi-family residential development along with the adaptive reuse of an existing 6-story hotel into multifamily dwellings Site Location: Generally located at the SWC of Elliot Rd & Interstate-10 in the Ahwatukee/Phoenix area Site Size: Approximately 7.6 acres. Density: 26.2 du/acre County Island: Yes – City of Phoenix County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Phoenix – Commercial Municipal Comments: City of Phoenix - Letter of Comment & Recommended Conditions of Approval Support/Opposition: 1 letter of support received from adjacent landowner of the commercial property adjacent north of the site. No known opposition. Recommendation: Approve with conditions Z2022035 Page 2 of 15 Project Summary: 1. The applicant is requesting to rezone approximately 8 acres located at the southwest corner of Elliot Rd and I-10 Freeway from C-2 to C-2 CUPD to accommodate a new multi- family development and adaptive reuse of an existing hotel to be converted to multi- family apartments. The following APNs are included with this request 301-54-787A, 301-54- 787C, and 301-54-787F. Parcel 301-54-787C, referred as Parcel 1 in the narrative, will be developed with 15 multi-family buildings, landscaping, and parking. The dwelling units will consist of 3-story single family residential buildings with attached garages, totaling 40 dwelling units. The homes with attached garages will have direct access to Parcel 301- 54-787F, referred as Parcel 3 in the narrative, which currently serves as the main entrance to the commercial center. Additional parking is provided via an internal drive from the entrance of Parcel 3. Parcel 3 will remain as the main access to the residential community with dedicated access off of 51st St. Parcel 301-54-787A, referred to as Parcel 3 in the narrative, is site of the proposed hotel conversion. The 160 hotel rooms will be converted to 100 residential units and new multi-family buildings along the north, east and southeast portions of the Parcel 3 consisting of 44 additional dwelling units proposed around the existing hotel building, for a total of 144 dwelling units. 2. The Sheraton Four-Points, formerly The Grace Inn, occupies 1 parcel of a 6-parcel complex part of an original rezone from Rural-43 to C-2 sometime between 1969 and 1972. Originally planned as an integrated commercial center offering various neighborhood services, department records show an as-built plan of development applicable to these subject parcels for the existing hotel building and use on the property, including various commercial signs including a billboard. Parcel 301-54-787C remains undeveloped. This application was filed on 02/22/2022 and a TAC meeting was held on 04/05/2022. 3. This rezone seeks to modify the development standards that would otherwise apply to the site as they relate to building height, parking, and a clarification of setbacks between the parcels. Changes in standards and applicable City of Phoenix requested development standards are listed in bold on the table on the next page. Z2022035 Page 3 of 15 Regulation Base Zoning Standard (C-2) Proposed Standard (C-2 CUPD) Maximum Height 40’ 61’ existing hotel tower only Minimum Side Yard 0’ or 10’ adjacent to residential zone 0’ Minimum Rear Yard 0’ or 25’ adjacent to residential zone 0’ Parking 2 per dwelling unit; 20% of parking spaces reserved for guests, 5% of parking reserved ADA 1.68 per dwelling unit; 20% of parking spaces reserved for guests, 5% of parking reserved ADA Landscape N/A A minimum 10-foot-wide landscape setback shall be provided along the south property line. The sidewalk along 51st Street shall be shaded. The landscape setbacks shall be planted at a minimum with 50 percent 2- inch caliper large canopy shade trees and 50 percent 3-inch caliper large canopy shade trees, planted 20 feet on center or equivalent groupings, with five 5-gallon shrubs per tree and appropriate ground cover Pedestrian Access N/A A pedestrian access connection to nearest public sidewalk shall be provided along 51st Street. Bicycle Parking N/A Bicycle parking for residents shall be provided, up to 20. Z2022035 Page 4 of 15 Existing County Zoning Map and Surrounding Jurisdictions Z2022035 Page 5 of 15 2022 Aerial Photo of Site Z2022035 Page 6 of 15 Zoning Exhibit Parcel 301-54-787C (Parcel 1) And access easement 301-54-787F (Parcel 2) Z2022035 Page 7 of 15 Zoning Exhibit Parcel 301-54-787A (Parcel 3) Hotel Conversion and Multi-family Dwellings Z2022035 Page 8 of 15 Elevation Detail of Proposed Multi-family units with attached garages Elevation Detail of Proposed Multi-family units Z2022035 Page 9 of 15 Existing On-Site and Adjacent Zoning / Land Use: 4. On-site: C-2 / Vacant (Parcel 1) Access Easement (Parcel 2) Hotel (Parcel 3) North: C-2 / Fuel Station – Convenience Store & Marijuana Establishment South: City of Phoenix R-4 / Multifamily Apartments East: City of Phoenix R-4 / Interstate 10 Freeway West: 51st St then C-2 / Commercial Services (Strip Mall) & Bank Utilities and Services: Water: City of Phoenix Wastewater: City of Phoenix School District: Kyrene School District Fire: City of Phoenix Police: MCSO Right-of-Way: 6. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification 51st St (City of Phoenix) 30’ 30’ Per City of Phoenix Adopted Plan: 7. Phoenix General Plan (adopted March 4, 2015): The subject site is designated "Commercial" on the City of Phoenix General Plan Land Use Map. However, Maricopa County Zoning Ordinance allows multifamily uses within Commercial zones. The zoning of this site will remain commercial. Per City of Phoenix’s memo, the proposed request would not be consistent with the General Plan Land Use Map designation due to the proposed density. Public Participation Summary: 8. The applicant posted the property and notified all property owners within 300’ of the subject site in accordance with the Maricopa County Public Participation Guidelines. Registered areas of interest were contacted by the applicant and staff regarding the rezoning request. City of Phoenix was also contacted and provided comment regarding the rezone along with recommendations of City development standards. To date, no opposition has been received and one letter of support received by the commercial business owner to the north of the site. Staff must assume the most impacted property owners are not concerned with the request. Outstanding Concerns from Reviewing Agencies: 9. On May 16, 2022, the City of Phoenix provided comment regarding the proposal and made the following comments and recommendations: Z2022035 Page 10 of 15 The subject site is not located within the city of Phoenix municipal boundaries; however, the site is located within the city of Phoenix planning area. The subject site is designated "Commercial" on the City of Phoenix General Plan Land Use Map. Thus, the proposed request would not be consistent with the General Plan Land Use Map designation due to the proposed density. The proposed multifamily residential densities would be consistent with the R-3A (Multifamily Residence District) standards per the Phoenix Zoning Ordinance, which allow multifamily uses up to 23.1 dwelling units per gross acre, 26.4 with bonus. However, as stated above, the proposed density is not consistent with the General Plan Land Use Map designation for the site. The existing hotel building that is proposed for multifamily development, exceeds the maximum height of 48 feet permitted for multifamily development per the Phoenix Zoning Ordinance. • The proposed density does not conform to the City of Phoenix Land Use designation for the area, identified as ‘commercial’. • The existing hotel tower exceeds the maximum height of 48-feet permitted for multifamily development per the Phoenix Zoning Ordinance. • If approved, the City of Phoenix recommends that the following standards be met: 1. Multifamily uses shall meet the City of Phoenix R-3A development standards. 2. A minimum 10-foot-wide landscape setback shall be provided along the south property line. 3. Multifamily units along 51st Street should be oriented toward this street and include direct pedestrian connections to nearest public sidewalk. 4. The sidewalk along 51st Street shall be shaded a minimum of 75 percent. 5. Bicycle parking for residents shall be provided at a minimum of 0.25 spaces per unit, up to 50 spaces. In addition, a minimum of 10 guest bicycle parking stalls shall be provided. 6. A detached sidewalk shall be provided along 51st Street in accordance with the City of Phoenix Street Classification Map standards. The landscaped strip located between the sidewalk and back of curb and shall include at a minimum 2- inch caliper shade trees planted 20 feet on center or equivalent groupings along both sides of the sidewalk, as approved by the Planning and Development Department. 7. The landscape setbacks shall be planted at a minimum with 50 percent 2- inch caliper large canopy shade trees and 50 percent 3-inch caliper large canopy shade trees, planted 20 feet on center or equivalent groupings, with five 5-gallon shrubs per tree and appropriate ground cover. 8. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. All outdoor light fixtures shall be fully shielded. Staff Analysis: 10. Although the parcels remain in County jurisdiction at this time, the applicant does not intend to annex into the City of Phoenix. Annexation was recommended at the time of pre-application due to the majority of infrastructure services as well as access to the site Z2022035 Page 11 of 15 off of 51st St being under the jurisdiction of the City of Phoenix. The non-annexation presents itself jurisdictional conflict in regard to development standards, as the County’s zoning ordinance differs from City of Phoenix. The City of Phoenix provided recommendations of development standards not found in any County ordinances to the County as part of the request for public comment. The non-annexation presents itself a problem to staff on which development standards should be applicable to a site that is surrounded by, and may eventually become, annexed by the City. As an example, the first recommendation from City of Phoenix is that the multifamily uses meet the City’s R- 3A development standard. This is a difficult request to include as a stipulation without specific development standards proposed as part of the CUPD overlay. In an effort to accommodate the City’s request, despite no near future plans for the site being annexed to the City, staff will include some of the City’s specific recommendations, within reason, that affect the City’s jurisdictional boundaries surrounding the site in an effort to maintain the City’s existing development pattern for the area and in anticipation of the site being annexed by the City in the future. This zone change request reflects the demand for housing options the applicant intends to provide, rather than commercial services originally intended for the under-utilized site. However, maintaining the commercial zoning permits both multi-family residential and commercial development of the parcels as well as the potential for buildings (including the existing 6-story tower) to include a mix of uses. 11. Per the applicant’s narrative, these dwelling units would be geared towards professionals who primarily work from home is the justification used to reduce the required amount of parking, with additional older ancillary uses being removed from the hotel have also slightly lessened the parking required for such uses, including the hotel, hotel bar, hotel convention center and hotel restaurant. 100 of the proposed units are 1 studio and 1- bedroom dwellings only requiring 1 parking space, or a ratio of 1:1, which replaces the existing 1:1 ratio for hotel uses. Additionally, cross parking agreements have been established with the dedication of a cross access and parking agreement. It is anticipated that the hotel conversion won’t adversely impact peak hour trips during the weekday and the conversion to a less intense use will offer an overall trip reduction over the course of the average weekday. Walkability connections are fostered by the access off of 51st St to nearby commercial services adjacent to the site. The applicant has agreed to provide a pedestrian access to 51st St from the site’s western boundary. Valley Metro bus and neighborhood circulator service are provided at the intersection of Elliot Rd & 51st St. Additionally, 51st St is equipped with dedicated bicycle lanes. Staff understands the need for the side yard and rear yard waivers requested with the zone change as the owners intend to not consolidate the parcels under unified ownership, and this side and rear yard waiver will accommodate the ‘duplex’ style housing units that straddle the property boundary between Parcels 1 and 3. The applicant has provided responses to City of Phoenix recommendations above and has responded with the following: 1. Multifamily uses shall meet the City of Phoenix R-3A development standards. Applicant Response: It’s important to remember that this request is being processed through Maricopa County jurisdiction and not the City of Phoenix. While we appreciate the City of Phoenix recommendations, we are following Maricopa County Zoning Ordinance regulations as modified with our request. Z2022035 Page 12 of 15 2. A minimum 10-foot-wide landscape setback shall be provided along the south property line. Applicant Response: A 10-foot wide landscape and building setback is provided along the south property line. 3. Multifamily units along 51st Street should be oriented toward this street and include direct pedestrian connections to nearest public sidewalk. Applicant Response: Dwellings along 51st street are oriented towards 51st St., but direct pedestrian connections to the nearest sidewalk will not be provided. 4. The sidewalk along 51st Street shall be shaded a minimum of 75 percent. Applicant Response: The sidewalk along 51st St is existing and was constructed at back of curb. The planting of shade trees has been maximized along the project (eastern) edge of the sidewalk to maximize shade. 5. Bicycle parking for residents shall be provided at a minimum of 0.25 spaces per unit, up to 50 spaces. In addition, a minimum of 10 guest bicycle parking stalls shall be provided. Applicant Response: A minimum of 20 bicycle parking racks/spaces will be provided in appropriate locations. 6. A detached sidewalk shall be provided along 51st Street in accordance with the City of Phoenix Street Classification Map standards. The landscaped strip located between the sidewalk and back of curb and shall include at a minimum 2- inch caliper shade trees planted 20 feet on center or equivalent groupings along both sides of the sidewalk, as approved by the Planning and Development Department. Applicant Response: The sidewalk along 51st Street is existing and was constructed at back of curb. It is important to note, that there are no detached sidewalks on either side of 51st Street for a mile from Elliot Road to the north to Warner Road to the south. The planting of shade trees has been maximized along the project (eastern) edge of the sidewalk to maximize shade. 7. The landscape setbacks shall be planted at a minimum with 50 percent 2-inch caliper large canopy shade trees and 50 percent 3-inch caliper large canopy shade trees, planted 20 feet on center or equivalent groupings, with five 5-gallon shrubs per tree and appropriate ground cover. Applicant Response: Acknowledged. The landscape planting along 51st Street meets these criteria. 8. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. All outdoor light fixtures shall be fully shielded. Applicant Response: Acknowledged. All lighting shall comply with the Maricopa County Zoning Ordinance and lighting requirements. Staff appreciates the applicant agreeing to accommodate some of the City’s recommendations, despite most of these standards not required by Maricopa County. Staff seeks to maintain the City’s existing development pattern surrounding the site and in anticipation of the site being annexed by the City, include some of the City’s specific recommendations, within reason, that affect the City’s jurisdictional boundaries surrounding the site. The design of the project mostly meets the City’s recommendations of approval and their intent. Z2022035 Page 13 of 15 Recommendation: 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2022035 subject to the following conditions ‘a’ – ‘i’: a. A Plan of Development is approved subject to site plan entitled “Conceptual Site Plan for Caliber – Four Points“, consisting of 2 full-size sheets, dated January 2022, and stamped received October 27, 2022, except as modified by the following conditions. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established CUPD development standards as approved by the Board of Supervisors. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Caliber – Four Points”, consisting of 16 pages, dated August 31, 2022, and stamped received October 27, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 4. At the time of the Building Permit, the applicant must demonstrate how off- site flows will be conveyed along the east side of the site at the parking area north of the existing billboard. Historic flows must be maintained. 5. 51st Street is within the jurisdiction of the City of Phoenix. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. Z2022035 Page 14 of 15 6. Given the site’s proximity to I-10, the applicant should inquire of any concerns with ADOT via their red-letter process (email redlietter@azcot.gov). 7. The subject site is located within the County’s Urbanized Area. A Storm Water Pollution Prevention Permit (SWPPP) from the County will be required prior to issuance of any construction permits. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required. PND Transportation Plan Review R/W Information: 51st Street (City of Phoenix Jurisdiction) a. Current Classification: Per City of Phoenix b. Future Classification: Per City of Phoenix c. Existing R/W: 30 Feet d. Ultimate R/W: Per City of Phoenix d. Prior to initial construction permit, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Phoenix that details either a timeline for annexation, or an agreement to provide water and sewer service. In lieu of pre- annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). e. The following C-2 CUPD standards shall apply: 1. Maximum Height: 61’ existing hotel tower only 2. Minimum Side Yard: 0’ between Parcel 1 and Parcel 3 3. Minimum Rear Yard: 0’ between Parcel 1 and Parcel 3 4. Parking: 1.68 per dwelling unit; 20% reserved guest parking and 5% reserved ADA totaling 376 parking spaces. 5. A minimum 10-foot-wide landscape setback shall be provided along the south property line. 6. A pedestrian access connection to nearest public sidewalk shall be provided along 51st Street. 7. The sidewalk along 51st Street shall be shaded. 8. Bicycle parking for residents shall be provided, up to 20. 9. The landscape setbacks shall be planted at a minimum with 50 percent 2- inch caliper large canopy shade trees and 50 percent 3-inch caliper large canopy shade trees, planted 20 feet on center or equivalent groupings, with five 5-gallon shrubs per tree and appropriate ground cover f. Prior to issuance of the initial building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. Z2022035 Page 15 of 15 g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. h. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. Presented by: Daniel Johnson, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Zoning Exhibit (reduced 8.5”x11”, 2 pages) Narrative Report (16 pages) MCDOT comments (3 pages) MCESD comments (1 page) City of Phoenix Recommendation (2 pages) Applicant response to City of Phoenix recommendations (3 pages) Cross Access Easement (10 pages) Letter of Support (1 page) MARICOPA COUNTY / Maricopa County Planning & Development - Phoenix, AZ 1 Gross Acres: 7.66 approx. Generated November 9, 2022 16:15 PM Z2022035 Application Name: Legal Description Caliber Four Points EDR Applicant Case Address T01S R04E 017, Ric Toris for Earl & Curley, P.C. 10831 S 51ST St Applicant Phone/Email Parcel Primary:301-54-787A 602.265.0094 rtoris@earlcurley.com PHOENIX AZ 85044 Map scale 1:2,328 Supervisor District No. 301-54-787C, 301-54-787F ZONE CHANGE WITH RUPD OVERLAY TO ALLOW THE DEVELOPMENT OF A MULTI-FAMILY RESIDENTIAL COMMUNITY AND REUSE/CONVERSION OF THE EXISTING HOTEL TOWER TO MULTI- 5.3585 in PARCEL 1 APN: 301-54-787C PARCEL 2 APN: 301-54-787F PARCEL 3 APN: 301-54-787A 51ST STREET PARCEL 4 APN: 301-54-787B CALIBER - FOUR POINTS ELLIOT & 51ST STREET, LLC CONCEPTUAL SITE PLAN MARICOPA COUNTY, ARIZONA 1 2 4221610000 COVER SHEET DJP TTT GWC JAN/2022 FOR CONCEPTUAL SITE PLAN SHEET INDEX 1 COVER SHEET 2 SITE PLAN CALIBER - FOUR POINTS A RESORT PROJECT WITH RELATED SITE IMPROVEMENTS A PORTION OF THE LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA ENGINEER CARDNO DANIEL J. POTTINGER, P.E. 19621 N. 23RD DRIVE, SUITE 150 PHOENIX, AZ 85027 PHONE: (602) 977-8000 UTILITY COMMITMENT SEWER WATER FIRE TELEPHONE CATV CITY OF PHOENIX CENTURY LINK COX GAS SOUTHWEST GAS INTERNET ZAYO GROUP ELECTRIC SRP BASIS OF BEARING NORTH 89 DEGREES 23 MINUTES 32 SECONDS EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 17 TOWNSHIP 1 SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, ACCORDING TOT HE MARICOPA COUNTY GDACS SURVEY RECORDED IN BOOK 673 OF MAPS, PAGE 25, RECORDS OF MARICOPA COUNTY, ARIZONA. PROPERTY OWNER PARCEL 3 ELLIOT & 51ST STREET LLC & UPTOWN SQUARE LLC BRIAN SNIDER 16074 N. 78TH STREET, SUITE B-104 SCOTTSDALE, AZ 85260 PHONE: (602) 980-5300 LEGAL DESCRIPTION SITE THIS ELLIOT ROAD (ALIGNMENT) PRIEST DRIVE (ALIGNMENT) SOUTH 48TH STREET (ALIGNMENT) WARNER ROAD (ALIGNMENT) SECTION NO.17 CITY OF PHOENIX CITY OF PHOENIX TELEPHONE VERIZON DESIGNED SHEET NUMBER CHECKED PROJECT # SHEET TITLE DATE DRAWN DATE # DESCRIPTION BY OF SHEETS PHOENIX 19621 N. 23RD DR, STE 150,PHOENIX, AZ 85027 TEL: (602) 977-8000 FAX: (602) 977-8099 www.cardno.com ZONING REQUEST ZONE CHANGE FROM C-2 TO C-2 RUPD FOR CALIBER - FOUR POINTS. INTERSTATE 10 (ALIGNMENT) LEGAL DESCRIPTION PARCEL NO 3: A PORTION OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 17 A BRAS CAP SURVEY MARKER IN HAND HOLE LOCATED AT THE INTERSECTION OF 48TH STREET AND ELLIOT ROAD: THENCE NORTH 89 DEGREES 23 MINUTES 32 SECONDS EAST AS RECORDED IN MARICOPA COUNTY GDACS SURVEY RECORDED IN BOOK 673 OF MAPS, PAGE 25, RECORDS OF MARICOPA COUNTY, ARIZONA, 1371.86 FEET ALONG THE NORTH LINE OF SAID SECTION TO THE INTERSECTION OF ELLIOT ROAD AND 51ST STREET(SOUTH) NO MONUMENT FOUND; THENCE SOUTH 88 DEGREES 51 MINUTES 45 SECONDS EAST, 80.49 FEET ALONG CENTERLINE OF 51ST STREET TO THE SOUTH RIGHT OF WAY LINE ELLIOT ROAD; THENCE SOUTH 81 DEGREES 25 MINUTES 44 SECONDS EAST 275.73 FEET TO THE POINT OF THE BEGINNING; THENCE CONTINUING SOUTH 81 DEGREES 25 MINUTES 44 SECONDS EAST 241.88 FT TO A POINT OF THE WEST RIGHT OF WAY INTERSTATE 10 HIGHWAY; THEN SOUTH 11 DEGREES 10 MINUTES 12 SECONDS EAST 757.33 FEET; THENCE NORTH 56 DEGREES 48 MINUTES 15 SECONDS WEST 535.45 FEET TO THE BEGINNING OF A TANGENT CURVE TURNING TO THE LEFT HAVING A RADIUS OF 477.46 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 115.88 FEET HAVING A CENTRAL ANGLE OF 13 DEGREES 54 MINUTES 19 SECONDS; THENCE NORTH 33 DEGREES 11 MINUTES 45 SECONDS EAST 149.00 FEET; THENCE NORTH 14 DEGREES 29 MINUTES 07 SECONDS EAST 170.08 FEET; THENCE NORTH 08 DEGREES 34 MINUTES 16 SECONDS EAST 29.00 FEET; THENCE SOUTH 81 DEGREES 25 MINUTES 44 SECONDS EAST TO 20.00 FEET; THENCE 08 DEGREES 34 MINUTES 16 SECONDS EAST TO 121.00 FEET TO THE POINT OF BEGINNING. POLICE MARICOPA COUNTY SHERIFF REFUSE CITY OF PHOENIX SCHOOL DISTRICT KYRENE SCHOOL DISTRICT VICINITY MAP NOT TO SCALE PROPERTY OWNER PARCELS 1&2 GIPHX10 LLC 10355 JASPER AVE, SUITE 501 EDMONTON, ALBERTA, CANADA BRIAN SNIDER PHONE: (602) 980-5300 TOWNHOME (1ST FLOOR) 20.0 40.0 20.0 40.0 TOWNHOME (2ND FLOOR) 40.0 20.0 TOWNHOME (3RD FLOOR) 20.08 R RESERVED PARKING S S S T T S S GRACE CAPITAL INVESTMENT CORP APN 301-54-787E ZONING: C-2 GRACE CAPITAL INVESTMENT CORP APN 301-54-7870 ZONING: C-2 GRACE CAPITAL INVESTMENT CORP APN 301-54-788 ZONING: C-2 SERAFINA LP APN 301-54-713C ZONING: R-4 PARCEL 2 BACK OF AMERICA NT SA APN 301-54-915 ZONING: C-1 WHITESTONE AHWATUKEE PLAZA LLC APN 301-54-916 ZONING: C-2 Q100=176 CFS Q100=176 CFS PARCEL 4 (CITY OF PHOENIX ANNEXATION STRIP) 51ST STREET INTERSTATE - 10 PARCEL 1 PARCEL 3 1 2 3 4 5 6 7 8 33 34 35 36 37 38 39 40 88 87 32 31 30 29 28 27 26 25 77 78 79 80 76 75 74 73 72 71 49 50 57 58 61 62 63 64 65 66 67 68 69 70 59 60 86 85 84 83 82 81 48 45 42 41 44 43 46 47 51 100 UNITS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 52 53 54 55 56 R R R R R R R R R R R R R R DESIGNED SHEET NUMBER CHECKED PROJECT # SHEET TITLE DATE DRAWN DATE # DESCRIPTION BY OF SHEETS PHOENIX 19621 N. 23RD DR, STE 150,PHOENIX, AZ 85027 TEL: (602) 977-8000 FAX: (602) 977-8099 www.cardno.com CALIBER - FOUR POINTS ELLIOT & 51ST STREET, LLC SITE PLAN MARICOPA COUNTY, ARIZONA 2 2 4221610000 SITE PLAN DJP TTT GWC JAN/2022 51ST STREET TYPICAL ENTRANCE ROAD Caliber – Four Points A request for Zone Change with Overlay To allow a multi-family residential development and adaptive reuse of the existing hotel to multi-family units on approximately 8 acres located at the southwest corner of Elliot Road and I-10 Freeway in the City of Phoenix area of Maricopa County. APNs: 301-54-787A, 301-54-787B, 301-54-787C and 301-54-787F Case #: Z2022035 Submittal date: February 14, 2022 Revised: August 31, 2022 Prepared for: Caliber Development, LLC 8901 E. Mountain View Road, Suite 150 Scottsdale, Arizona 85260 Phone: (480) 295-7600 Prepared by: Earl & Curley, P.C. 3101 North Central Avenue, Suite 1000 Phoenix, Arizona 85012 Phone: 602-265-0094 Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 2 of 16 Principals and Development Team Owner/Developer: Caliber Development, LLC 8901 E. Mountain View Road, Suite 150 Scottsdale, Arizona 85260 Attn: Brian Snider, SVP, Real Estate Phone: (480) 295-7600 Email: brian.snider@caliberco.com Representative/Legal Counsel: Earl & Curley, P.C. 3101 North Central Avenue, Suite 1000 Phoenix, Arizona 85012 Attorney: Taylor Earl Principal Planner: Ricardo Toris Phone: (602) 265-0094 Email: tearl@earlcurley.com Email: rtoris@earlcurley.com Engineer: Cardno, Inc. 19621 N. 23rd Drive, Suite 150 Phoenix, Arizona 85027 Attn: Daniel Pottinger Phone: (602) 977-8000 Email: Daniel.Pottinger@cardno.com Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 3 of 16 Purpose of Request: On behalf of our client, Caliber Development, LLC, we are pleased to submit this Zone Change with Overlay application and supporting documents. This Project Narrative is provided in support of a Zone Change with Overlay application for the approximately 8- acres located at the southwest corner of Elliot Road and I-10 Freeway (“Property”). This application seeks a Zone Change with Overlay from C-2 to C-2 CUPD (Commercial Unit Plan of Development) to allow a new multi-family residential development on the western portion of the property and adaptive reuse and conversion of the existing 6-story hotel to a multi-family apartment development on the eastern portion of the property. This request does not change the C-2 zoning uses currently allowed under the existing zoning. This request merely seeks to add an CUPD overlay on the existing C-2 Zoning that already exists on the property. The Property consists of four parcels and is generally bounded by Elliot Road and existing commercial pads along the north, the I-10 Freeway on the east, 51st Street on the west and existing multi-family development on the south. The overall Property enjoys approximately 340-feet of 51st Street frontage. Access to the Property is only from 51st Street. The Property APNs are: 301-54-787A, 301-54-787B, 301-54-787C and 301-54-787F. Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 4 of 16 We believe this Zone Change with Overlay to allow a new multi-family community on Parcel 1 and conversion and adaptive reuse of the existing hotel to a multi-family community will be a valued asset for the County and the City of Phoenix for many reasons, one of which is how it will provide support for the nearby commercial and businesses. Not only will this community provide needed housing density in this area, but it will provide an alternative housing option with a variety of units sizes, upgraded interior finishes, and high-level common amenities. We expect this development to attract individuals with expendable income to spend in this area. Our research shows that there is little to no ongoing market demand for a hotel use at this location. The new hotels have shifted locations to Chandler and I-10 corridor which is closer to the high growth employment along the Chandler Boulevard corridor. We anticipate future residents of the proposed community would come from various demographic groups. One group that we expect to be attracted to this community would be young professionals looking for a residential experience. We see the walkability to the nearby commercial center to be a big selling point for our community. We also expect these professionals to be attracted because of the close proximity to I-10 Freeway. The I-10 Freeway will provide access to all parts of the valley and state. The proposed multi-family community will help to not only avoid vacancies in adjacent retail and restaurants but will support new commercial tenants because of the expendable income from individuals likely to live in this community. It also provides a much-needed housing opportunity within this high employment growth area. Description of Proposal: This request seeks approval of a Zone Change with Overlay from C-2 to C-2 CUPD (Commercial Unit Plan of Development) to allow a new multi-family residential community on the western portion of the property and seeks adaptive reuse the existing hotel building and convert it to a multi-family residential community. This request also seeks to add additional multi-family residential buildings around the perimeter on the eastern portion of the property. The Property will remain as four parcels but will function holistically as a single development with cross access, shared parking, and shared amenities between parcels. The project will ultimately function as single residential community with a shared pool area, clubhouse, fitness center, community workspaces, and other amenities that will attract new residences to this area of the valley. The property is an irregularly shaped parcel and consists of four parcels, zoned C-2 (Intermediate Commercial), that are within a larger Maricopa County island at the southwest corner of Elliot Road and I-10 Freeway. According to Article 804.2, C-2 use regulations, any use permitted in the C-1 Zoning District subject to all the regulations specified in the use regulations for such C-1 Zoning District unless the use is otherwise regulated in Article 804.2 is permitted in C-2 Zoning. Article 803.2, C-1 use regulations, allows, any use permitted in the R-5 Multi-Family Residential Zoning District. Therefore, the proposed Multiple-Family use is permitted in C-2 and on this property. Since the Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 5 of 16 property is already zoned for the proposed use and development, this request is merely a request to add an CUPD overlay with amended development standards on the existing C-2 Zoning that already exists on the property. Caliber’s proposed community will be developed with sophisticated and upscale design, walkways, balconies and patios, and high-end community amenities. The community will provide residents with a sense of place within the overall development. The unit mix offering will include 1- and 2- bedroom units within 18 new residential buildings and studio and 1- bedroom units within the hotel building conversion. The community will feature ample amounts of tenant and guest parking to alleviate the types of parking burdens that are often present in multi-family communities. For the proposed 188 units, the project will provide a total of 315 parking spaces for renters and guests-which is sufficient parking spaces for this development. As mentioned, cross parking and cross access will be provided between parcels. The overall density for this project is proposed to be 25.6 Dwelling Unit per Acres (Gross). This proposal will not only bring a new residential development to this underutilized site, but with its attractive design, we anticipate it will attract residents with the type of disposable income that is needed to support dining, retail, and entertainment options in the nearby area. Additionally, with the pandemic having permanently increased the number of individuals working from home, we anticipate our future residents to assist in addressing the need for daytime patronage of those establishments. There are two parts to this request. The first part of this request seeks to develop the vacant and undeveloped western approximately 2.4 acres (Parcel 1) with a new multi-family residential community. This vacant parcel is the last remaining parcel at the southwest corner of Elliot Road and the I-10 Freeway. Caliber seeks to bring development to a parcel that has remained vacant for decades. This western parcel fronts onto 51st Street. Parcel 2, which is directly north of Parcel 1, is also located on the west half of the overall Property. Parcel 2 provides direct access to Parcel 1 and the eastern properties (Parcels 3 & 4) and other commercial properties to the north. This portion of the development (Parcel 1) will provide 15 buildings, landscaping, and parking. There are two types of buildings for this parcel. The first type is a 3-story single-family residential building with private attached garages and associated driveways. This Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 6 of 16 building type consists of one 4-unit attached building and two 6-unit attached buildings and includes individual garages with driveways and private yards (see below exhibit). This building type consists of 16 homes/units with individual two car garages and driveways for each unit. These buildings are located along the south side of entry drive and along the north side of Parcel 1. Example of three story single-family residential building with private attached garages Example of three story single-family residential building with private attached garages Example of three story single-family residential building with private attached garages Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 7 of 16 The second building type are 2-story single-family residential style buildings. Also known as duplexes. Both building types are single-family residential style buildings and will each have individual outdoor yards and patios. Example of single-family type building Example of single-family type building Example of single-family type building Buildings within Parcel 1 are placed along the north, south, and west boundaries. The buildings along the west and south property lines are setback a minimum of 20-feet from Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 8 of 16 the property lines to provide a nice landscape buffer and streetscape. Buildings along the main entry drive of Parcel 1 are setback a minimum of 14-feet 6-inches but includes driveways that are a minimum of 20-feet deep from back of sidewalk. As mentioned, attached garage type buildings are located along the south side of entry drive and along the north side of Parcel 1. A total of 40 homes/units are being proposed in this portion of the overall development. The parking area is internal to the site. Access to this Parcel 1 will be from the existing driveway via Parcel 3. No additional driveway/access point to 51st Street is being proposed. The proposed building architecture and open space areas will provide a distinct, living environment for the residents of this community. The use of various materials and both horizontal and vertical plane movement will emphasize the building’s unique urban design both for the residents of the new community and also for the area residents when walking or driving past the development. The previous page provides a few representative examples of the proposed architectural design for the 2 story buildings. It was originally anticipated that a hospitality, office, or commercial uses would be attracted to this site. But over the many years, that vision has not been realized and this prime piece of real estate has sat vacant for decades and has become an eyesore to some. Aerial photos dating back as far as 1986 show this parcel being vacant. Hospitality, office, or commercial users turn away from this site primarily because we believe of the lack of arterial street frontage and access to the site from 51st Street. Users must wind through the main drive aisle, and that is a feature more difficult to overcome for commercial, office and hospitality users. Additionally, our research shows there is no market for a hotel use at this intersection. Covid 19, and its negative effect on the demand for office developments, has only made this situation worse. We believe developing this site with residential to complement the adaptive reuse of the hotel makes sense and is a good land use decision. The addition of these units will provide needed residents to support the existing and future retail, dining, entertainment, and businesses in the nearby area. The second part of this proposal is to adaptively reuse and redevelop the existing 6-story hotel building on Parcels 3 & 4 to allow the conversion of the hotel rooms to residential units. This part also adds new 2 story multi-family buildings around the existing hotel building and surrounding the pool area. According to Maricopa County database records the hotel building was constructed in 1991. The eastern approximately 5.1 acres of the Property (Parcels 3 & 4) are developed with an existing hotel, parking, and landscaping. This portion of the overall request seeks to convert the 160 hotel rooms to 100 residential units and adds 22 new multi-family buildings along the north portion of Parcel 3 and around the pool area. These new buildings will provide 44 units. It also removes unnecessary building components from the hotel property like the bar area, cafeteria, housing keeping, loading area and other commercial or hotel functions that are not needed or necessary for this multi-family redevelopment. It’s important to note, that the existing bar and restaurant and convention space will be removed. When combined with the hotel conversion units and the new units this portion of the overall Property provides Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 9 of 16 a total of 144 units. Access to the eastern property remain from 51st Street via the main drive aisle on Parcel 2. The overall residential community will feature quality amenities, ample tenant parking, and attractive building design. The project will provide both private open space and common open space. The single-family residential style buildings will have individual outdoor yards and patios spaces and most of the units within the tower will have private space consisting of balconies or patios for most units. Common amenities are evenly distributed throughout the community and are designed to include pedestrian friendly, active, and passive open spaces. Some additional amenities are described below: • Resort Style Pool • Clubhouse (includes entertainment space, t.v.’s, work from home spaces) • Ramada • Cabana • BBQ Grilling Station/Outdoor Kitchen • Passive Lawn Area • Fitness Center • Package lockers (for online orders) • Dog Walk • Private patios and balconies spaces. All service and maintenance related amenities (such as trash and mail services) are screened from the public’s view via landscaping and building placement and are centrally located within the site for safe and convenient access. Landscaping within the community will be designed to meet the standards set forth in the County’s ordinances and will include building foundation plantings, open space plantings, and parking lot plantings. The existing architecture is outdated and is in need of modernization and updating. The proposed updated building architecture and new open space areas will provide a distinct, living environment for the residents of this community. The use of various color, metal railings, and both horizontal and vertical scoring will emphasize the building’s unique urban design both for the residents of the new community and also for the area residents when walking or driving past the development. Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 10 of 16 Existing Hotel. Representative example of proposed enhancements to tower. Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 11 of 16 Representative example of proposed enhancements to tower. Representative example of proposed enhancements to tower. It is important to emphasize that this Zone Change request does not seek to add “multi- family residential” as a permitted use, because the C-2 zoning already permits multi- family here. This unique multi-family residential project provides another alternative for a broad range of lifestyles and one that is complementary with the existing multi-family Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 12 of 16 residential housing stock in the area. This residential development provides an alternative high quality rental apartment community with amenities. As to the parking ratio request, this request seeks a 1.68 parking ratio for the entire residential Property. This request seeks approval to modify the County’s current parking ratios for multi-family residential only on this Property. The County’s Ordinance uses a generic 2 parking spaces per unit ratio for multi-family developments. It also requires 20% of parking spaces to be reserved for guest parking spaces and at least 5% of parking spaces to be handicapped parking spaces. That ratio is outdated and extremely high for today’s multi-family projects. It’s important to note, that 100 of the units are studio and 1- bedroom units in the tower and those units are typically a 1:1 parking ratio. This 1:1 parking ratio happens to be the same ratio for hotel use. This development will produce less traffic than what the hotel, bar, restaurant, and convention space produced. As mentioned, cross parking and cross access will be provided between parcels. When consideration is given to the fact that the existing bar and restaurant and convention space will be removed, we believe there is sufficient parking for this Property. Any proposed signs will comply with the requirements of Maricopa County. Lighting, where provided, will comply with Section 1112 of the Maricopa County Zoning Ordinance. And the site will be developed in accordance with all applicable Maricopa County requirements for drainage/retention and other applicable development standards. The proposed maximum building height of 61-feet is intended to identify the height of the existing hotel building that will remain. The rest of the Property will comply with the 40- feet building height maximum allowed by the C-2 zoning. A traffic statement was prepared by Lokahi, LLC, which analyzed the proposed development’s traffic related impacts to the adjacent roadway network. The conclusion from the analysis was the trips generated by the existing hotel generates 14% more weekday trips than the proposed residential development. It also concluded that during the peak hours the trips show a one trip differential in the AM peak hour and six trip differentials in the PM peak hour. Finally, it concludes that there will be minimum changes during the peak hours and an overall trip reduction over the course of the average weekday. The proposed Four Point development is anticipated to result in minimal traffic related impacts to the existing roadway network and surrounding area. This proposal will not only bring a new, residential development to this underutilized site, but with its residential focus and extensive amenities, this proposal will also generate density that is needed to help support the existing and future restaurants and shops in the area, the County and City of Phoenix. Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 13 of 16 Relationship to Surrounding Properties: The Property is zoned C-2. The western portion of the Property consists of the primary driveway and undeveloped vacant land, zoned C-2. The eastern portion of the Property is developed with an existing hotel tower building, parking, and landscaping, and an existing billboard sign, zoned C-2. Access to the property is from 51st Street. The Property sits lower that Elliot Road and the I-10 Freeway due to Elliot Road being elevated over the I-10 Freeway. A noise sound wall exists along the freeway on-ramp which is located along the Property’s east property line. The zoning and characteristics of the surrounding properties are as follows: North: Commercial pads and Elliot Road. The commercial pads are zoned C- 2. South: Existing multi-family residential development (within the City of Phoenix), zoned R-4. East: The I-10 Freeway. A freeway sound wall exists along the freeway on ramp along this Property. Beyond the I-10 Freeway is an auto mall in the City of Tempe. West: 51st Street. Beyond 51st Street, is an existing commercial shopping center, zoned C-2 Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 14 of 16 Development Standards: The underlying zoning is C-2 (Intermediate Commercial), and the development standards that apply to all parcels within this development are those of the C-2 zoning district unless modified by the proposed CUPD (Commercial Unit Plan of Development). This proposal seeks to modify the development standards that would otherwise apply to the site as they relate to building height and parking and clarifies setbacks between parcels. The proposed standards for all parcels within this development are as follows (items in bold vary from the underlying C-2 development standard): Regulation Base Zoning District Regulations (C-2) Proposed Zoning District Regulations (C-2 CUPD) Maximum Height 40’ 61’ Existing Hotel tower 40’ all other buildings Minimum Front Yard 10’ 10’ Minimum Side Yard 0’ 10’ adjacent to residential 0’ 10’ adjacent to residential, does not apply between Parcel 1 and 3 of this development Minimum Street-Side Yard 0’ 10’ adjacent to residential 0’ 10’ adjacent to residential Minimum Rear Yard 0’ 25’ adjacent to residential 0’ 25’ adjacent to residential, does not apply between Parcel 1 and 3 of this development Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width* 60’ 60’ Maximum Lot Coverage 60% 60% Parking Spaces (Multiple- Family) 2 per dwelling unit *** & **** 1.68 per dwelling unit *** & **** Screening 6’ solid wall 6’ solid wall * Lot width is measured at front yard setback ** Lot Area per Dwelling Unit = total area of lots and open spaces, excluding all public and private streets, divided by the total number of lots. *** 20% of parking spaces shall be reserved for guest parking spaces. **** 5% of parking spaces shall be handicapped parking spaces. Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 15 of 16 Location and Accessibility: The Property consists of four parcels totaling approximately 8-acres located at the southwest corner of Elliot Road and I-10 Freeway. The property is within a larger Maricopa County island at the southwest corner of Elliot Road and I-10 Freeway. The Property backs to the I-10 Freeway and enjoys approximately 340-feet of 51st Street frontage. Access to the property is only from 51st Street. Circulation System (on & off-site): As noted, access to the site is from 51st Street and will remain from 51st Street. Access to the community will primarily be accessed through the main existing drive aisle immediately to the north of parcel 1. The 16 units along the north side of Parcel 1 will have individual garage and driveways and have direct access to the main drive aisle. This will be an attractive access drive for the future residents. No direct access is being proposed to Elliot Road or the I-10 Freeway access road. 51st Street is a two-lane roadway with a travel lane in each direction and a center turn lane, bicycle travel lanes, curb, gutter, and sidewalks. The main entry drive aisle is oriented in an east/west orientation and connects the Property’s interior loop drive to 51st Street. Parking for Parcel 1 is located in the interior of the site and accessed from Parcel 3 via the main drive aisle. As mentioned, the 16 units along the north side of Parcel 1 will have individual garage and driveways and have direct access to the main drive aisle. Parcel 3 provides an internal loop road which provides circulation around the main hotel building area. Parking is provided from the internal loop road. Cross parking and cross access will be provided between parcels within this development. Development Schedule: At this time, it is unknown if the site will be developed as one or more phases. Phasing information will be provided in conjunction with the submittal of any development permits for the site (or any portion). Community Facilities and Services: This residential community will provide sufficient on-site amenities for its residents. Elementary students may attend Lomas Elementary and Centennial Middle School, both within the Kyrene School District. High School students may attend Mountain Pointe High School which is part of the Tempe Union High School District. They may also seek to attend private charter schools. Narrative Report – Zone Change with Overlay Southwest corner of Elliot Road and I-10 Freeway Page 16 of 16 Public Utilities and Services: Police Will be provided by Maricopa County Sheriff. Fire City of Phoenix Water City of Phoenix Wastewater City of Phoenix Refuse City of Phoenix Electrical SRP Telephone Century Link or Verizon CATV Cox Gas Southwest Gas Conclusion: This Zone Change with overlay is minor when consideration is given to what is being proposed. This application seeks a Zone Change with Overlay from C-2 to C-2 CUPD to allow a vacant parcel with a new multi-family residential development and seeks to reuse and convert the existing 6-story hotel to a multi-family apartment development on the eastern portion of the property. This proposal will not only bring a new residential development to this underutilized site, but with its attractive design, we anticipate it will attract residents with the type of disposable income that is needed to support dining, retail, and entertainment options in the nearby area. We believe this is a good land use decision that complements the area. O:\INDEX\Caliber Development LLC\Docs\Project Narrative (2nd Submittal)(FINAL)_8.31.2022.docx Jeri Loucks, PECFM Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-6332 www.maricopa.gov/planning email address: Jeri.Loucks@maricopa.gov Maricopa County Planning & Development Department Date: October 18, 2022 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Daniel Johnson, Planner, Planning & Development Services cc: Michael Norris P.E., Engineering Manager, Planning and Development From: Jeri Loucks, PECFM, Engineering Supervisor, Planning & Development Subject: Z2022035 – Zone Change - Caliber - Four Points APN(s): 301-54-787A, 787B, 787C Engineering Review has reviewed the first plan and report routed for review on 09/28/2022, for the subject application and has no objections subject to the following conditions: 1. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 4. At the time of the Building Permit, the applicant must demonstrate how off-site flows will be conveyed along the east side of the site at the parking area north of the existing billboard. Historic flows must be maintained. 5. 51st Street is within the jurisdiction of the City of Phoenix. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of- way dedication, permitting or roadway improvement requirements. 6. Given the site’s proximity to I-10, the applicant should inquire of any concerns with ADOT via their red-letter process (email redlietter@azcot.gov). Page 2 of 3 7. The subject site is located within the County’s Urbanized Area. A Storm Water Pollution Prevention Permit (SWPPP) from the County will be required prior to issuance of any construction permits. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required. PND TRANSPORTATION PLAN REVIEW R/W INFORMATION 1. 51st Street (City of Phoenix Jurisdiction) a. Current Classification: Per City of Phoenix b. Future Classification: Per City of Phoenix c. Existing R/W: 30 Feet d. Ultimate R/W: Per City of Phoenix Please contact me with any questions. Page 3 of 3 DRAINAGE PLAN REVIEW REFERENCES: The Drainage Regulations are listed in Section 1205 of the MCZO: https://www.maricopa.gov/documentcenter/view/272 Maricopa County Drainage Policies and Standards Manual: https://www.maricopa.gov/DocumentCenter/Home/View/2369 For Additional Information See: https://www.maricopa.gov/1635/Drainage-Review FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES: Floodplain Regulations for Maricopa County: https://www.maricopa.gov/DocumentCenter/View/630 For Additional Information See: https://www.maricopa.gov/3847/Flood-Control-District PND TRANSPORTATION REFERENCES: Residential Driveway Guidelines https://www.maricopa.gov/documentcenter/view/362 Roadway Design Manual http://www.mcdot.maricopa.gov/DocumentCenter/View/24883 Maricopa County Resolution for ROW Permits https://www.maricopa.gov/documentcenter/view/364 For Additional Information See: https://www.maricopa.gov/156/MCDOT PND STORMWATER QUALITY (SWPPP) REFERENCES: Storm Water Quality Management and Discharge Control Regulation https://www.maricopa.gov/DocumentCenter/View/6577 Air Pollution Control Regulations Rule 310 https://www.maricopa.gov/DocumentCenter/View/5354 For Additional Information See: https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste Subdivision Infrastructure & Planning Program 1001 N. Central Avenue #150 Phoenix, Arizona 85004 Phone: (602) 506-1058 Fax: (602) 506-5813 TDD 602 506 6704 Maricopa County Environmental Services Department Water and Waste Management Division DATE: March 9, 2022 TO : Daniel Johnson, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Zone change with RUPD. Z2022044 The Maricopa County Environmental Services Department (MCESD) has reviewed revised documents received from the Maricopa County Planning and Development Department for the above referenced project. This project is an Zone change with RUPD Overlay to allow the development of a multi-family residential community at APN # 301-54-787A. Water and sewer services will be provided by City of Phoenix, MCESD has concerns, ATC must be obtained prior to final plat approval. Based on the above, MCESD raised no objections to the Planning & Development Department in Accela Automation on March 9, 2022. It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application. August 31, 2022 Mr. Daniel Johnson Maricopa County Planning and Development Department 301 West Jefferson Street, Suite 107 Phoenix, Arizona 85003 daniel.johnson@maricopa.gov RE: Caliber Four Points – Applicant responses to City of Phoenix comments Maricopa County Application Z22022035 Located at the SWC of Elliot Road and I-10 Freeway. Dear Mr. Johnson: We have reviewed the suggested comments and recommendations from the City of Phoenix in a letter to you, dated May 16, 2022. While we appreciate the City of Phoenix’s comments, we point out they acknowledge their City’s comments are recommendations. It is important to note that we are developing and redeveloping within Maricopa County jurisdiction and therefore we are processing and following the Maricopa County Zoning Ordinance regulations. The following are responses to these comments. Our responses are below each bullet point and in bold italic print. Comments and recommendations from the City of Phoenix letter dated May 16, 2022. Staff has reviewed the request and has the following comments and recommendations: • The subject site is not located within the city of Phoenix municipal boundaries; however, the site is located within the city of Phoenix planning area. The subject site is designated "Commercial" on the City of Phoenix General Plan Land Use Map. Thus, the proposed request would not be consistent with the General Plan Land Use Map designation due to the proposed density. Response: As mentioned above by the City of Phoenix, the subject site is not located within the City of Phoenix municipal boundaries. This request is being processed through the Maricopa County jurisdiction and is retaining the existing C-2 (Intermediate Commercial) zoning district on the property and merely adding a CUPD (Commercial Unit Planned Development) Overlay to allow the proposed multifamily development. The County’s zoning ordinance allows the proposed use and development. This request is consistent with the County’s regulations. • The proposed multifamily residential densities would be consistent with the R-3A 2 | P a g e (Multifamily Residence District) standards per the Phoenix Zoning Ordinance, which allow multifamily uses up to 23.1 dwelling units per gross acre, 26.4 with bonus. However, as stated above, the proposed density is not consistent with the General Plan Land Use Map designation for the site. Response: See above response. • The existing hotel building that is proposed for multifamily development, exceeds the maximum height of 48 feet permitted for multifamily development per the Phoenix Zoning Ordinance. Response: The existing hotel height is not being modified. The existing hotel building is being adaptively reuse and converted to residential units. As part of this request, the developer is converting the hotel rooms to residential units and including individual kitchens within each unit. The existing structure is not being increased in height. It is retaining the existing height which was previously approved. • If approved, the City of Phoenix recommends that the following development standards be met: • Multifamily uses shall meet the City of Phoenix R-3A development standards. Response: It’s important to remember that this request is being processed through Maricopa County jurisdiction and not the City of Phoenix. While we appreciate the City of Phoenix recommendations, we are following Maricopa County Zoning Ordinance regulations as modified with our request. • A minimum 10-foot-wide landscape setback shall be provided along the south property line. Response: A 10-feet wide landscape and building setback is provided along the south property line. • Multifamily units along 51st Street should be oriented toward this street and include direct pedestrian connections to nearest public sidewalk. Response: Buildings have been thoughtfully oriented towards 51st Street. For project security the direct connections have not been provided to the nearest public sidewalk. • The sidewalk along 51st Street shall be shaded a minimum of 75 percent. Response: The sidewalk along 51st Street is existing and was constructed at back of curb. The planting of shade trees has been maximized along the project (eastern) edge of the sidewalk to maximize shade. 3 | P a g e • Bicycle parking for residents shall be provided at a minimum of 0.25 spaces per unit, up to 50 spaces. In addition, a minimum of 10 guest bicycle parking stalls shall be provided. Response: A minimum of 20 bicycle parking racks/spaces will be provided in appropriate locations. • A detached sidewalk shall be provided along 51st Street in accordance with the City of Phoenix Street Classification Map standards. The landscaped strip located between the sidewalk and back of curb and shall include at a minimum 2- inch caliper shade trees planted 20 feet on center or equivalent groupings along both sides of the sidewalk, as approved by the Planning and Development Department. Response: The sidewalk along 51st Street is existing and was constructed at back of curb. It is important to note, that there are no detached sidewalks on either side of 51st Street for a mile from Elliot Road to the north to Warner Road to the south. The planting of shade trees has been maximized along the project (eastern) edge of the sidewalk to maximize shade. • The landscape setbacks shall be planted at a minimum with 50 percent 2-inch caliper large canopy shade trees and 50 percent 3-inch caliper large canopy shade trees, planted 20 feet on center or equivalent groupings, with five 5- gallon shrubs per tree and appropriate ground cover. Response: Acknowledged. The landscape planting along 51st Street meets these criteria. • Any lighting shall be placed so as to reflect the light away from adjacent residential districts. All outdoor light fixtures shall be fully shielded. Response: Acknowledged. All lighting shall comply with the Maricopa County Zoning Ordinance and lighting requirements. O:\INDEX\Caliber Development LLC\Docs\Applicant's Response Letter to City of Phx Review (Z2022035)(FINAL)_8.31.2022.docx