Attachment B - Staff Report - Z-167-24-4.pdf

City of Phoenix — Formal (2025-09-03)

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Staff Report Z-167-24-4
June 30, 2025
Encanto Village Planning Committee
Meeting Date:
July 7, 2025
Planning Commission Hearing Date:
August 7, 2025
Request From:
C-1 TOD-1 Neighborhood Retail,
(Interim Transit-Oriented Zoning
Overlay District One) (0.57 acres)
Request To:
C-2 TOD-1 Intermediate Commercial,
(Interim Transit-Oriented Zoning
Overlay District One) (0.57 acres)
Proposal:
Bar/Restaurant
Location:
Approximately 95 feet east of the
northeast corner of 2nd Avenue and
Osborn Road
Owner:
130 W Osborn Rd., LLC
Applicant/Representative:
Huellmantel & Associates, Lauren
Proper Potter
Staff Recommendation:
Approval, subject to stipulations
General Plan Conformity
General Plan Land Use Map Designation
Commercial
Street Map
Classification
Osborn Road
Collector
40-foot north half street
CONNECT PEOPLE AND PLACES CORE VALUE; INFILL DEVELOPMENT; LAND
USE PRINCIPLE: Promote and encourage compatible infill development with a
mix of housing types in neighborhoods close to employment centers,
commercial areas, and where transit or transportation alternatives exist.
The site is located within the Midtown Transit Oriented Development (TOD) District
and is approximately 700 feet west of the Osborn/Central Avenue light rail station.
The proposed commercial development is appropriate at the location given that the
site is near light rail.
ATTACHMENT B

Staff Report: Z-167-24-4
June 30, 2025
Page 2 of 12

STRENGTHEN OUR LOCAL ECONOMY; LOCAL AND SMALL BUSINESS; LAND
USE PRINCIPLE: Facilitate adaptive reuse of older, underutilized properties to
create mechanisms for new local and small businesses to operate, thrive and
grow.

The proposal is an adaptive use project that incorporates two vacant commercial
buildings in an underutilized lot to create a new business that will provide an
additional dining and entertainment use in an area where there are existing
commercial and residential uses. The vacant commercial buildings will maintain their
local character and foster a business that will contribute to the areas diversity and
vitality.

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; HEALTHY NEIGHBORHOODS; DESIGN PRINCIPLE: Establish design
standards and guidelines for parking lots and structures, setback and build-to
lines, blank wall space, shade, and other elements affecting pedestrians, to
encourage pedestrian activity and identify options for providing pedestrian
oriented design in different types of development.

The proposal is an adaptive reuse project that includes design and development
standards to encourage walking and bicycling in an area that includes residences,
hotels and commercial uses. The proposal, as stipulated will include bicycle parking, a
detached sidewalk, and shaded parking located behind the building.

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY & CHARACTER; DESIGN PRINCIPLE: Create new
development or redevelopment that is sensitive to the scale and character of
the surrounding neighborhoods and incorporates adequate development
standards to prevent negative impact(s) on residential properties.

The proposal to reuse the existing building is sensitive to the scale and character of
the surrounding neighborhood. The inclusion of new landscaping and a detached
sidewalk will promote connectivity with the adjacent residential developments and
hotels.

Applicable Plans, Overlays, and Initiatives
Transit Oriented Development Strategic Policy Framework - Background Item No.
6.

Midtown Transit Oriented Development Policy Plan - Background Item No. 7.

Staff Report: Z-167-24-4
June 30, 2025
Page 3 of 12

Shade Phoenix Plan - Background Item No. 8.

Complete Streets Guidelines - Background Item No. 9.

Transportation Electrification Action Plan - Background Item No. 10.

Comprehensive Bicycle Master Plan - Background Item No. 11.

Phoenix Climate Action Plan - Background Item No. 12.

Conservation Measures for New Development - Background Item No. 13.

Surrounding Land Uses and Zoning

Land Use
Zoning
On Site
Existing vacant commercial
building
C-1 TOD-1
North
Parking lot
PUD
West
Existing vacant commercial
building
C-2 TOD-1
East
Retail store
C-2 TOD-1
South (across Osborn Road)
Parking lot, office building
WU Code T6:
HWR MT
C-2 TOD-1 (Intermediate Commercial Interim Transit-Oriented Zoning Overlay
District One), within village core
Standards
Requirements
Provision on the Proposed
Site Plan
Building Setbacks
South (Osborn Road)
Maximum 6 feet
6 feet (Met)
North
0 feet
146 feet (Met)
East
0 feet
12 feet (Met)
West
0 feet
15 feet (Met)
Maximum Lot Coverage
75 percent
11.9 percent (Met)
Maximum Building
Height
4 stories, 56 feet
1 story, 15 feet (Met)
Minimum Parking
54 spaces (with 50 percent
adaptive reuse reduction)
55 spaces (Met)

Staff Report: Z-167-24-4
June 30, 2025
Page 4 of 12

Background/Issues/Analysis

SUBJECT SITE
1.
The request is to rezone a 0.57-acre site located approximately 95 feet east of the
northeast corner of 2nd Avenue and Osborn Road from C-1 TOD-1
(Neighborhood Retail, Interim Transit-Oriented Zoning Overlay District One) to C-2
(Intermediate Commercial, Interim Transit-Oriented Zoning Overlay District One)
to allow a bar/restaurant. The proposal will facilitate an adaptive reuse of an
existing building and will join the adjacent parcel and building for commercial use.
The subject site is located approximately one-half mile northwest of St. Joseph’s
Hospital and one-half mile north of the Public Art at Central Avenue and Thomas
Road both of which are noted assets on the Encanto Village Character Plan Asset
Map.

GENERAL PLAN LAND USE MAP DESIGNATIONS
2.
The General Plan Land Use Map depicts the subject site with a designation of
Commercial. The properties to the east, north and south have a General Plan
Land Use Map designation of Commercial. The area to the west is designated
Residential 15+ dwelling units per acre. The proposal is consistent with the
General Plan Land Use Map designation.

General Plan Land Use Map; Source: Planning and Development Department

Staff Report: Z-167-24-4
June 30, 2025
Page 5 of 12

SURROUNDING LAND USES AND ZONING
3.
The subject site currently includes one vacant commercial building and a parking
lot zoned C-1 TOD-1 (Neighborhood Retail, Interim Transit-Oriented Zoning
Overlay District One). To the west is a vacant commercial building and parking lot
zoned C-2 TOD-1(Intermediate Commercial, Interim Transit-Oriented Zoning
Overlay District One). North of the subject site is an existing parking lot for the
adjacent office building along Central Avenue that is zoned PUD (Planned Unit
Development). To the south across Osborn Road is a parking lot zoned WU Code
T6:HWR MT (Walkable Urban Code Transect 6 District, Height Waiver, Midtown
Transit Character Area). To the east is a retail store zoned C-2 TOD-1
(Intermediate Commercial, Interim Transit-Oriented Zoning Overlay District One).

PROPOSAL
4.
The proposed site plan, attached as an exhibit, shows the two existing buildings,
Building B is noted as the subject site and Building A is on the adjacent west
parcel. The proposal shows the existing structures connected with a covered patio
between the two buildings that will be part of the dining area. The patio area will
be open to Osborn Road to the south and the parking lot to the north. Vehicle
access for the site will be from 2nd Avenue with access to a redeveloped parking
lot with 55 spaces and landscaping. The proposal will be one story with a building
height not to exceed 15 feet. The site plan identifies a detached sidewalk along
Osborn Road, landscaping and bicycle parking.

5.
The building elevations attached as an exhibit show street frontage treatments
with art elements and preserved architectural features that promote pedestrian
continuity within the Transit Oriented District that promotes pedestrian access to
the adjacent residential and commercial developments. Building A and Building B
will be connected under one covered patio and have open access and an entry
feature facing Osborn Road. Building A will maintain the south elevation masonry
and will incorporate updated features, materials and colors. Building B will include
an artistic mural as the primary streetscape element and updated exterior colors
and textures.

Conceptual South Elevation, Source: Tomeck Design

Staff Report: Z-167-24-4
June 30, 2025
Page 6 of 12

AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
6.
Transit Oriented Development Strategic Policy Framework:
The Transit Oriented Development Strategic Policy Framework is part of the city’s
General Plan which identified planning typologies to describe urban environments.
The subject site is approximately 700 feet west of the Osborn Road/Central
Avenue light rail station. The identified place type for the Osborn Road/Central
Avenue light rail station area is a Regional Center. The Regional Center is a place
type characterized by a variety of land uses, high intensity with building heights
typically from five to 10 stories with incentive heights of up to 20 stories. Land
uses may include supportive retail, high-rise and mid-rise living, industry cluster
and office employment. The proposal is for a lower intensity building form in the
Regional Center place type, however this is an adaptive reuse project that will
preserve and enhance existing buildings.

Station
Number
Station
Location
Place
Type
07
Osborn
Road/Central
Avenue
Regional
Center
TOD Strategic Policy Framework Placetypes,
Source: Planning and Development Department

7.
Midtown Transit Oriented Development Policy Plan:
The site is located within the Midtown TOD (Transit Oriented Development)
District, the boundaries for which are McDowell Road on the south, Indian School
Road on the north, 7th Street on the east, and 7th Avenue on the west. The policy
plan adopted for the Midtown TOD District provides a blueprint for fully achieving
the transformative potential of light rail in a sustainable manner. Changes
advocated in the plan can lower transportation costs for residents, create new
business opportunities, encourage active, healthy lifestyles, ensure Phoenix
increases its competitive advantage in the global marketplace and improve
prosperity by growing the economy in locations with existing infrastructure and
public services. In order to realize the implementation of the Vision and Master
Plan for the Midtown TOD District, one key recommendation is the implementation
of a form-based zoning code. While the proposal for conventional zoning does not

Staff Report: Z-167-24-4
June 30, 2025
Page 7 of 12

meet this recommendation, in the event the site is completely redeveloped or
expanded, a Walkable Urban Code frontage type is required. This is addressed in
Stipulation No. 1.

Midtown TOD Policy Plan Source: Planning and Development Department

8.
Shade Phoenix Plan:
In November 2024, the Phoenix City Council adopted the Shade Phoenix Plan.
The Shade Phoenix Plan prioritizes increasing shade coverage throughout the
City to improve health and quality of life. Investing in shade can address the urban
heat island effect, clean the air, preserve Sonoran vegetation, and prevent health
complications related to prolonged exposure to heat. The Shade Phoenix Plan
provides numerous strategies to increase shade including expanding and
maintaining existing shade, strengthening tree code enforcement, and developing
shade stipulations in rezoning cases. The proposal will provide enhanced shade in
surface parking areas and along the sidewalk. These are addressed in Stipulation
Nos. 4 and 9.

Staff Report: Z-167-24-4
June 30, 2025
Page 8 of 12

9.
Complete Streets Guidelines:
The City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. The proposed development, as
stipulated, will support walking, bicycling, and transit-use by including bicycle
parking on the site, delineating pedestrian walkways where they cross vehicular
drive aisles, and by constructing a shaded and detached sidewalk along Osborn
Road separated by a minimum eight-foot-wide landscape area. These are
addressed in Stipulation Nos. 2, 3 and 9.

10. Transportation Electrification Action Plan:
In June 2022, the Phoenix City Council approved the Transportation Electrification
Action Plan. The current market desire for the electrification of transportation is
both a national and global phenomenon, fueled by a desire for better air quality, a
reduction in carbon emissions, and a reduction in vehicle operating and
maintenance costs. Businesses, governments and the public are signaling strong
future demand for electric vehicles (EVs), and many automobile manufacturers
have declared plans for a transition to fully electric offerings within the coming
decade. This Plan contains policy initiatives to prepare the City for a future filled
with more EVs, charging infrastructure and e-mobility equity, and outlines a
roadmap for a five-step plan to prepare for the EV infrastructure needs of 280,000
EVs in Phoenix by 2030. One goal of the Plan to accelerate public adoption of
electric vehicles through workplace, business, and multifamily charging
infrastructure recommends a standard stipulation for rezoning cases to provide EV
charging infrastructure. This is addressed in Stipulation No. 5 which requires a
minimum of 3.5 percent of the required parking spaces to be EV capable.

11. Comprehensive Bicycle Master Plan:
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its bikeway system and supportive infrastructure. The
Comprehensive Bicycle Master Plan supports options for both short- and long-
term bicycle parking as a means of promoting bicyclist traffic to a variety of
destinations. As stipulated, the development will provide bicycle parking spaces
per the requirements of Section 1307.H. of the Phoenix Zoning Ordinance. This is
addressed in Stipulation No. 3.

12. Phoenix Climate Action Plan:
In October 2021, the Phoenix City Council approved the Climate Action Plan. The
Climate Action Plan will serve as a long-term plan to achieve greenhouse gas
emissions reductions and resiliency goals from local operations and community

Staff Report: Z-167-24-4
June 30, 2025
Page 9 of 12

activities as well as prepare for the impacts of climate change. This plan contains
policy and initiatives regarding stationary energy, transportation, waste
management, air quality, local food systems, heat, and water. Goal W2 (Water),
Action W2.4, pertains to the implementation of the Greater Phoenix Metro Green
Infrastructure (GI) and Low Impact Development Details for Alternative
Stormwater Management to benefit the environment, promote water conservation,
reduce urban heat, improve the public health, and create additional green spaces.
This goal is addressed in Stipulation No. 6, which requires a minimum of two GSI
techniques for stormwater management to be implemented in this development.

13. Conservation Measures for New Development
In June 2023, the Phoenix City Council adopted the Conservation Measures for
New Development policy as part of a resolution addressing the future water
consumption of new development (Resolution 22129). This resolution addresses
the future water consumption of new development to support one of the City’s Five
Core Values in the General Plan which calls for Phoenix to - Build the Sustainable
Desert City. The Conservation Measures for New Development policy includes
direction to develop standards for consideration as stipulations for all rezoning
cases that will address best practices related to water usage in nine specific
categories. This is addressed in Stipulation Nos. 6 through 8.

COMMUNITY CORRESPONDENCE
14. At the time this staff report was written, one letter in support was received.

INTERDEPARTMENTAL COMMENTS
15. The Street Transportation Department requires the following:

• The existing sidewalk on the north side of Osborn Road to be detached
with a minimum six-foot-wide sidewalk separated by a minimum eight-foot-
wide landscaped area.
• All street improvements shall be constructed to City and ADA standards.
• All mitigation improvements shall be constructed and/or funded, as
identified in the accepted Traffic Impact Analysis.
These are addressed in Stipulation Nos. 9 through 12.

The Street Transportation Department also indicated that the existing driveway
does not meet corner clearance requirements, in accordance with the application
for adaptive reuse, and the existing driveway may remain although it is
recommended to provide a driveway further north on the parcel (as proposed on
the site plan).

16. This site is not located in an area identified as being archaeologically sensitive.

Staff Report: Z-167-24-4
June 30, 2025
Page 10 of 12

However, in the event archaeological materials are encountered during
construction, ground-disturbing must cease to allow the Archaeology Office time to
assess the development. This is addressed in Stipulation No. 13.

17. Staff has not received a completed form for the Waiver of Claims for Diminution in
Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required by
the rezoning application process. Therefore, a stipulation has been added to
require the form be completed and submitted prior to final site plan approval. This
is addressed in Stipulation No. 14.

18. Development and use of the site are subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements. Other
formal actions such as, but not limited to, zoning adjustments and abandonments
may be required.

Findings:

1.
This proposal is consistent with the General Plan Land Use Map designation.

2.
The proposal will redevelop an underutilized property, adaptively reuse existing
structures, and provide quality commercial redevelopment in close proximity to a
light rail station.

3.
As stipulated, the proposal provides enhanced pedestrian and bicycle amenities
consistent with the Midtown TOD Policy Plan, Comprehensive Bicycle Master
Plan, Shade Phoenix Plan and the Complete Streets Guiding Principles.

Stipulations:

1.
Upon complete redevelopment or development that increases the cumulative
floor area of the building by more than 15% from that depicted on the site plan
date stamped March 11, 2025, the following shall apply:

a.
The frontage facing Osborn Road shall use an allowable frontage type per
the standards of Table 1303.2 Transect T6.

2.
Where pedestrian walkways cross a vehicular path, the pathway shall
incorporate decorative pavers, stamped or colored concrete, striping or other
pavement treatments that visually contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.

3.
A minimum of six bicycle parking spaces shall be installed, as per the

Staff Report: Z-167-24-4
June 30, 2025
Page 11 of 12

requirements of Section 1307.H of the Phoenix Zoning Ordinance and as
approved by the Planning and Development Department.

4.
All uncovered surface parking lot areas shall be landscaped with minimum 2-inch
caliper, large canopy, shade trees. Landscaping shall be dispersed throughout
the parking area and achieve 25% shade, as approved by the Planning and
Development Department.

5.
A minimum of 3.5% of the required parking spaces shall include Electric Vehicle
(EV) Capable infrastructure, as approved by the Planning and Development
Department.

6.
A minimum of two green stormwater infrastructure (GSI) elements for stormwater
management shall be implemented, as approved or modified by the Planning and
Development and/or Street Transportation departments. This includes but is not
limited to stormwater harvesting basins, bioswales, permeable pavement, etc.,
per the Greater Phoenix Metro Green Infrastructure and Low Impact
Development Details for Alternative Stormwater Management.

7.
Pressure regulating sprinkler heads and/or drip lines shall be utilized in any turf
areas to reduce water waste.

8.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the Phoenix Water Efficiency
Checkup program for a minimum of 10 years, or as approved by the Planning
and Development Department.

9.
The existing sidewalk on the north side of Osborn Road shall be detached with a
minimum 6-foot-wide sidewalk separated by a minimum 8-foot-wide landscape
area and planted to the following standards:

a.
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant,
shade trees planted 20-feet on center, or in equivalent groupings.

b.
Drought tolerant shrubs, accents and vegetative groundcovers,
maintained to a maximum height of 24 inches to provide a minimum of
75% live vegetative ground coverage.

10. Replace unused driveways with sidewalk, curb, and gutter. Also, replace any
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and
upgrade all off-site improvements to be in compliance with current ADA
guidelines.

Staff Report: Z-167-24-4
June 30, 2025
Page 12 of 12

11. All streets within and adjacent to the development shall be constructed 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.

12. All mitigation improvements shall be constructed and/or funded, as identified in
the accepted Traffic Impact Analysis dated February 27, 2025.

13. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

14. Prior to final site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder's Office and delivered to the City to be included in the rezoning
application file for record.

Writer
John Roanhorse
June 30, 2025

Team Leader
Racelle Escolar

Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped March 11, 2025
Conceptual Building Elevations date stamped March 11, 2025
Community Correspondence (1 page)

¯
0
0.05
0.1
0.03
Miles
ENCANTO VILLAGE
COUNCIL DISTRICT: 4
APPLICANT'S NAME:
APPLICATION NO:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
MULTIPLES PERMITTED
CONVENTIONAL OPTION
* UNITS P.R.D OPTION
REQUESTED CHANGE:
FROM:
TO:
DATE:
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
ZONING MAP
* Maximum Units Allowed with P.R.D. Bonus
4/17/2025
THOMAS RD
7TH ST
GR
AND
CA
NAL
7TH AVE
CENNTRAL AVE
19TH AVE
16TH ST
MC DOWELL RD
I-17
24TH ST
INDIAN SCHOOL RD
SR 51
Z-190-73
Z-8-15
Z-303-85
Z-100-06
Z-5-06
Z-35-87
Z-183-86
Z-35-87
Z-20-80
Z-15-95
Z-15-95
Z-29-22
Z-49-85
Z-8-15
Z-161-96
Z-60-17
Z-38-19
Z-183-86
Z-13-19
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
C-2
R-4
C-2
C-1
H-R
P-1
C-2
PUD
C-O
C-2
C-2 H-R
C-2 H-R
C-2
R-5
C-2
PUD
R-5
C-2 H-R
WU T5:7 MT
WU T5:7 MT
WU
Code
T5:6 MT
R1-6
R-5
R-5
P-1
P-1
R-5
C-2
C-2
WU T6: HWR MT
R-5
C-2 H-R
P-2
C-2
H-R
C-2 H-R
C-1
Transit Overlay
District (TOD-1)
FLOWER ST
3RD AVE
OSBORN RD
CENTRAL AVE
2ND AVE
COLUMBUS AVE
MITCHELL DR
LEXINGTON AVE
4TH AVE
C-2 H-R SP
Z-SP-14-87
C-2 H-R
HGT/WVR
Z-36-86
P-2
Z-36-86
Z-167-24-4
Huellmantel & Affiliates
Z-167-24-4
0.57 Acres
QS 16-27
H-8
C-1 TOD-1 ( 0.57 ac.)
C-2 TOD-1 ( 0.57 ac.)
C-1 TOD-1
C-2 TOD-1
8
8
10
10
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From:
Tyler Johannsen
To:
lauren.proper@huellmantel.com; John Roanhorse
Subject:
Z-167-24-3 - Adaptive reuse @ @nd Ave & Osborn Rd.
Date:
Tuesday, April 29, 2025 11:49:18 AM
Hi Lauren and John,
As a 3rd Avenue Palms resident to the North at 3633 N 3rd Ave, Phoenix, AZ 85013, I am in
FULL SUPPORT of this zone change to support a future C-2 zoned Boondocks
Restaurant and Bar. Same with some of my neighbors I spoke with! Those office buildings
have been abandoned for too long & we really like the wide sidewalks and shade trees
depicted in the renderings. The sidewalk gets more use during the day than many realize.
Ensure the landscape is well lit to deter the homeless.
I look forward to the day I can say, "Midtown, yeah, I live just North of the Boondocks at 2nd
Ave & Osborn" in casual conversation.
One major concern: Exterior noise heading to the North.
Hey John,
Can you add a clause to the Conditional Use Permit (or whatever Phoenix calls it) to put a
limit on the exterior noise levels of the establishment? Something to allow enforcement if
repeated violations get out of hand? Sometimes I want to stay in on a Saturday night, you
know....
If only we can turn the Staples into a Trader Joes....
Tyler Johannsen