Attachment C - PHO Application - PHO-1-24--Z-22-23-4.pdf
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To:
Date: April 16, 2024
From:
Departments Concerned
Joshua Bednarek
Planning & Development Department Director
Subject: P.H.O. APPLICATION NO. PHO-1-24--Z-22-23-4 – Notice of Pending
Actions by the Planning Hearing Officer
1.
Your attention is called to the fact that the Planning Hearing Officer will
consider the following case at a public hearing on May 15, 2024.
2.
Information about this case is available for review at the Zoning Counter in
the Planning and Development Department on the 2nd Floor of Phoenix City
Hall, telephone 602-262-7131, Option 6.
3.
Staff, please indicate your comments and respond electronically to
pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter
in the Planning and Development Department on the second floor of Phoenix
City Hall by April 23, 2024.
DISTRIBUTION
Mayor’s Office (Tony Montola), 11th Floor
City Council (Stephanie Bracken), 11th Floor
Aviation (Jordan D. Feld )
CED (Michelle Pierson), 20th Floor
Fire Prevention (Joel Asirsan), 2nd Floor
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor
Parks & Recreation (Todd Shackelford), 16th Floor
Public Transit (Michael Pierce)
Street Transportation Department (Maja Brkovic, Josh Rogers, Alan Hilty, Chris Kowalsky),
5th Floor
Street Transportation - Ped. Safety Coordinator (Kurt Miyamoto), 5th Floor
Street Transportation - Floodplain Management (Tina Jensen, Priscilla Motola, Rudy Rangel),
5th Floor
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Joshua Bednarek, Tricia Gomes), 3rd Floor
Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th Floor
Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor
Planning Hearing Officer (Byron Easton, Teresa Garcia), 2nd Floor
Village Planner (John Roanhorse, Camelback East Village)
Village Planning Committee Chair (Jay Swart, Camelback East Village)
ATTACHMENT C
PLEASE RESPOND ELECTRONICALLY TO TERESA GARCIA 2ND FLOOR, 602-262-7399
200 W. Washington St., 2nd Floor, Phoenix, AZ 85003 ● 602-626-7131
APPLICATION FOR PLANNING HEARING OFFICER ACTION
APPLICATION NO: PHO-1-24--Z-22-23-4
Council District: 4
Request For: Stipulation Modification
Reason for Request: Request to modify Stipulation 16 regarding landscape area.; Request to delete Stipulation 18 regarding
right-of-way dedication for 8th Street.
Contact Information
Name
Relationship
Type
Address
Phone
Fax
Email
TJ Owens
Applicant
145 North 2nd Ave
Suite 5, Oakdale CA,
95361
tjo@odcengr.com
Mike Rose
Other
602-524-3172
mike@rexdevpro.net
Ryan Mckenzie
Owner
808-439-1520
mckenzie.midtown@gmail.com
TJ Owens
Representative
145 N. 2nd Ave Suite
5, Oakdale CA, 95361
tjo@odcengr.com
Property Location: Southwest corner of 8th Street and Minnezona Avenue
Acreage: 0.68
Geographic Information
Zoning Map
APN
Quarter Section
H8
155-20-044A
Q18-29
Village:
Camelback East
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized
substantive policy statement. To request clarification or to obtain further information on the application process and applicable
review time frames, please call 602-262-7131 (option 6), email zoning@phoenix.gov or visit our website at
https://www.phoenix.gov/pdd/licensing-time-frames
A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to cover
the cost whether or not the request is granted
I declare that all information submitted is true and correct to the best of my knowledge and belief. I acknowledge that any error in
my application may be cause for changing its normal scheduling.
Signature: ____________________________________________________ DATE: ___________________
Fee Information
Fee
Fee Waived
Fee Date
Purpose
$1,080.00
$0.00
04/09/24
PHO (1-2 stipulations)
April 10, 2024
ATTN: Planning Hearing Officer
Subject: PHO Written Request
APN: 155-20-044A
Zoning: C-2 and P-1
Proposed Use: C-2: Outdoor recreation patio to service Restaurant/Bar, P-1: Parking
Location: E. Minnezona Ave. & N. 8th Street, Phoenix, AZ
Project Description
The PHO narrative is for a proposed outdoor recreation patio to service Restaurant/Bar
and parking lot located at the corner of E. Minnezona Ave. & N. 8th Street, Phoenix, AZ.
The subject parcel is currently vacant that once hosted multi-family living units. The lot
area is 0.36 +/- Ac with Maricopa County APN 155-20-40A, and an address of 711 E
Minnezona Ave.
The proposed development was assigned to KIVA: 19-4244 and includes construction
of new 4,200 sqft outdoor recreation with pickleball court and lounge area, a new 320 sq
ft bar, a new 320 sq ft kitchen, an 80 sqft ADA restroom facility, (2) 15 sq ft restroom
units, and a 6,400 sqft parking lot.
Background
Planning efforts for this proposed project began in 2019. The project has conducted 3
pre-application meetings with the Planning and Development Department to date. The
following actions have taken place to support the success of the proposed project.
The 16’ alley that separates the adjacent lots received conditional approval for
abandonment on 9 March 2023. Actions are being made to finalize the abandonment
approval with City Council.
The City Council approved the lot for rezone (from R-3 to C-2 & P-1) on October 4,
2023.
Site Access
Primary access ways to the site includes a one-way existing driveway on the adjacent
property and a proposed two-way driveway off of Minnezona Ave. A proposed site plan
has been provided with the application for reference.
Surrounding Development
The site is located within the Infill Development District, and within the Canalscape
Overlay District. The development proposed will provide outdoor space for patrons of
Mckenzie’s Midtown Tavern, add public parking to the area, and enhance amenities
along the Canal Path.
• McKenzie’s Midtown Tavern zoned C-2 to the West
• Children’s Place Learning Center zoned C-2 and the residential subdivision
Minnezona Amended zoned R-3 to the North and East
• Grand Canal and Risas Dental and Braces zoned C-2 to the South
PHO Hearing Request
The site is currently zoned C-2 and P-1 subject to stipulations of approval of case
number Z-22-23-4 and Zoning Ordinance # G-7168. The following request is to modify
stipulation 16 and delete stipulation 18 that were signed into Ordinance number G-7168
for the approved rezoning case number Z-22-23-4 due to physical site constraints and
feasibility (See Enclosure 1 for stipulations).
Stipulations proposed to be MODIFIED include 16 &18 from Z-22-23-4:
Overall Site
1. A minimum of 10% of the required parking spaces shall be EV ready.
2. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3. Pedestrian walkways shall be shaded by a structure, landscaping at maturity, or
a combination of the two to achieve a minimum of 75% shade, measured at
summer solstice at noon as shown on a shading study, as approved by the
Planning and Development Department.
4. A minimum 5-foot-wide detached sidewalk separated by a minimum 6-foot-wide
landscape strip located between the back of curb and sidewalk shall be
constructed along the south side of Minnezona Avenue, planted to the following
standards as approved by the Planning and Development Department.
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 to
achieve a minimum of 75% live vegetative ground coverage at maturity.
5. 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.
6. Landscape areas adjacent to the Grand Canal pathway shall be planted to the
following standards and maintained with a watering system, as approved by the
Planning and Development Department.
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 to
achieve a minimum of 75% live vegetative ground coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
7. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
8. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
9. 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.
10. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The
following requirements shall apply, as approved by the Planning and
Development Department:
a. The Architect/Engineer is required to show the floodplain boundary
limits on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b. A copy of the Grading and Drainage Plan shall be submitted to the
Floodplain Management section of Public Works Department for
review and approval of Floodplain requirements.
c. The developer shall provide a FEMA approved CLOMR-F or CLOMR
prior to issuance of a Grading and Drainage permit or provide
floodplain mitigation measures such as, but not limited to, floodproofing
all structures (permanent or non-permanent) to an elevation of one foot
above the base flood elevation and use flood resistant materials, as
approved by the Floodplain Management section of the Office of the
City Engineer.
11. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in the
rezoning application file for record.
C-2 Zoned Area (General Commercial District)
12. An 8-foot-wide shaded pedestrian pathway shall be constructed of decorative
material such as brick, pavers or alternative material with access to the Grand
Canal Trail shall be provided, as approved by the Planning and Development
Department.
13. Bicycle infrastructure shall be installed as described below and as approved by
the Planning and Development Department.
a. Secured bicycle parking shall be provided at a rate of four spaces and
shall be installed as per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance.as approved by the Planning and
Development Department.
b. A bicycle repair station (“fix it station”) shall be provided and
maintained on site within an amenity area or near a primary site
entrance. The bicycle repair station (“fix it station”) shall be provided in
an area of high visibility and separated from vehicular maneuvering
areas, where applicable. The repair station shall include, but not be
limited to:
i. Standard repair tools affixed to the station.
ii. A tire gauge and pump affixed to the base of the station or the
ground.
iii. A bicycle repair stand which allows pedals and wheels to spin
freely while making adjustments to the bike.
c. A minimum of 10% of the required bicycle parking spaces shall include
120-volt receptacles for electric bicycle charging capabilities.
P-1 Zone Area (Passenger Automobile Parking, Limited)
14. A minimum 5-foot wide detached sidewalk, separated by a minimum 6-foot
wide landscape strip located between the back of curb and sidewalk, shall be
provided along 8th Street connecting the existing sidewalk from Minnezona
Avenue to the Grand Canal trail, planted to the following standards, as
approved by the Planning and Development Department.
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade
trees planted 20-feet on center or in equivalent groupings.
15. A minimum 10-foot wide landscape setback shall be provided along the north
and east property lines, planted to the following standards, as approved by
the Planning and Development Department.
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 to achieve a
minimum of 75% live vegetative ground coverage at maturity
16. A minimum 5, average 10-foot-wide landscape setback area shall be
provided from the south property line.
Rationale (MODIFICATION)
The area now zoned as P-1 is comprised of 0.41 ac (17,860 sf) to include street
Right of Ways (ROWs) which has the potential of hosting 19 parking spaces. The
proposed paved area for the lot is approximately 6,416 sf (Site plan provided for
reference). The site is also required to provide;
Stipulation 17: A minimum 10% of surface parking lot area, exclusive of
perimeter landscape setbacks, shall be landscaped and planted with minimum 2-
inch caliper, large canopy, drought-tolerant shade trees, dispersed throughout
the parking area to achieve a minimum of 25% shade at maturity, measured at
summer solstice at noon as shown on a shading study, as approved by the
Planning and Development Department.
The required landscape that must be provided exclusive of perimeter landscape
setbacks is 642 sf. The landscape area proposed on site, exclusive of perimeter
landscape setbacks is approximately 305 sf. There is 650 sf of perimeter
landscape proposed that is not eligible to be counted towards parking lot
landscape for shading purposes. Furthermore, only 50% of the landscape
setback is eligible for on-site storm water retention creating additional limitations
for how site landscaping may be used. To meet the current setback requirements
the proposed development must convert a minimum of 3 parking spaces to meet
the “landscape setback” restraint and requirements for parking landscape and
storm water requirements.
The landscape setback requirement stipulated in the rezoning case for this
location is considered excessive for the following reasons:
1. A portion of land south of the property is deeded to Salt River Valley Water
Users Association that is setback more than 10’ from the owner’s property
line that must be landscaped in coordination with Salt River Project (SRP).
Landscaped area is 912 sf.
2. There exists a 22’ landscape buffer from the paved canal path that is required
to be landscaped to city of Phoenix Canalscape standards. This is an
additional 748 sf of canalscape in the canal ROW that will be landscaped.
3. Parking requirements in Section 702 of the Zoning Ordinance would not
require a setback for a P-1 zoned area along the south property line.
It is requested that stipulation 16 be modified to a landscape requirement that is
not classified as a “setback” due to the extreme limitations placed upon
landscape setbacks for development. It must be noted that the applicant is not
opposed to providing landscape, but is promoting that the landscape count
towards meeting stipulation 17 and other site development requirements
required.
17. A minimum 10% of surface parking lot area, exclusive of perimeter landscape
setbacks, shall be landscaped and planted with minimum 2-inch caliper,
large canopy, drought-tolerant shade trees, dispersed throughout the parking
area to achieve a minimum of 25% shade at maturity, measured at summer
solstice at noon as shown on a shading study, as approved by the Planning
and Development Department.
18. Right-of-way shall be dedicated for the west-half of 8th Street for a half-radius
45-foot radius cul-de-sac dedication at its southern termination.
Rationale (DELETION)
There is concern that Stipulation 18 does not appear feasible and conflicts with
stipulations 14, 15, and 16.
Feasibility & Conflict:
The dedication will not only negatively impact the design of a sensible parking lot
in P-1, but the actual completion of a 90’ diameter cul-de-sac presents a major
impact to the residents on the east side of 8th Street if it were to be built (See
Enclosure 2). The city currently does not have a dedication of the other 45’ half-
radius required from the three lots to the east of 8th Street.
It must be noted that the Streets Manual states that “a dead-end street serving
more than four lots shall provide by easement a temporary turning circle with a
50-foot radius or other acceptable design to accomplish adequate access with an
improved surface.”
There are currently 6 lots sharing 8th street where it dead-ends, but we are
submitting a lot line adjustment and replat that will merge the lots to conform to
the approved zoning ordinance. By merging the lots this will bring the dead-end
street to only 4 lots sharing 8th street. This would alleviate the need to require a
cul-de-sac dedication from the Transportation Department.
The intent of the rezone case was to pursue the development of an outdoor bar,
kitchen and recreation space and a parking lot. The owner has agreed to and
committed to providing street improvements as stated in stipulation 14, 15, and
16 as presented on the site plan exhibit shared in Z-22-23-4.
Furthermore, the cul-de-sac dedication at the termination of 8th street presents a
conflict with property rights of the Salt River Project (SRP) who own the southern
sliver of land. Enclosure 3, Sheet 2 shows that a portion of the requested
dedication will encroach on SRP property to include city improvements around
the cul-de-sac.
It is proposed that this stipulation be deleted contingent upon the lot-line
adjustment and replat to bring 8th Street in conformance with a maximum of 4
total lots on a dead-end street.
Please feel free to contact me should you have further questions.
Kind Regards
Thomas J. Owens, PE, PLS
04-10-2024
Zoning Division • 200 West Washington Street, 2nd Floor • Phoenix, Arizona 85003 • 602-262-7131, Option #6
November 2, 2023
Thomas Owens
Owens Design Consultants
145 North 2nd Avenue, Suite 5
Oakdale, California 95361
Dear Applicant:
RE: Z-22-23-4 – Southwest corner of 8th Street and Minnezona Avenue
Please be advised that the Phoenix City Council, in accordance with the provisions of
Section 601 of the Zoning Ordinance, as amended, has on October 4, 2023, approved
Zoning Ordinance # G-7168.
Development and use of the site is subject to compliance with all applicable codes and
ordinances.
Sincerely,
Joshua Bednarek
Planning and Development Director
Attachment: Signed Ordinance
c: Rosemary McKenzie, DHM Trading, LLC, 5702 N. 12th St., Phoenix, AZ 85014
Tricia Gomes, PDD–Planning–Deputy Director (Electronically)
Racelle Escolar, PDD–Planning–Principal Planner (Electronically)
John Roanhorse III, PDD–Planning–Village Planner (Electronically)
Ben Kim, PDD–GIS (Electronically)
Mod
Del
Z-209-73
Z-144-88
Z-65-91
Z-SP-16-89
Z-60-89
Z-SP-19-66
*
*
*
P-1
C-3
R1-6
R-5
C-2
C-2
R-3
C-2
7TH ST
24TH ST
40TH ST
32ND ST
16TH ST
BETHANY HOME RD
NORTHERN AVE
GLENDALE AVE
CAMELBACK RD
INDIAN SCHOOL RD
THOMAS RD
MC DOWELL RD
VAN BUREN ST
WASHINGTON ST
48TH ST
56TH ST
64TH ST
SR 51
CAMELBACK EAST VILLAGE
CITY COUNCIL DISTRICT: 4
I
APPLICANT'S NAME:
APPLICATION NO.
Z-22-23
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
0.68 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
R-3
CONVENTIONAL OPTION
10
* UNITS P.R.D. OPTION
12
Owens Design Consultants
DATE:
4/28/2023
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 18-29
ZONING MAP
H-8
REQUESTED CHANGE:
FROM: R-3 ( 0.68 a.c.)
TO:
C-2 ( 0.27 a.c.)
P-1 ( 0.41 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-22-23.mxd
Z-22-23
0.045
0
0.045
0.0225
Miles
C-2, P-1
4, N/A
4, N/A
6/29/2023
E MINNEZONA AVE
ALLEY
ALLEY
N 8TH ST
N 7TH ST
ALLEY
N 8TH PL
E GRAND CANAL
GRAND CANAL
R-3
C-2*
P-1*
C-3
C-2*
C-2
R1-6
R-5
Planning & Development Department
PHO-1-24--Z-22-23-4
Property Location: Southwest corner of 8th Street and Minnezona Avenue
0
90
180
45
Feet ´
N 7TH ST
ALLEY
N 8TH ST
E MINNEZONA AVE
ALLEY
E GRAND CANAL
GRAND CANAL
R-3
C-2*
P-1*
C-3
C-2*
C-2
R-5
mapservices@phoenix.gov
Planning & Development Department
PHO-1-24--Z-22-23-4
Property Location: Southwest corner of 8th Street and Minnezona Avenue
0
60
120
30
Feet ´
O N E
W A Y
O N E
W A Y
EV
EV
O N E
W A Y
TX
ENLARGED SITE PLAN
TJOII
TJO
AS NOTED
March 15, 2024
2022031 MACKENZIES
PRELIMINARY SITEPLAN.dwg
2022031
A
ENLARGED
SITE PLAN
3/18/2024 12:17:08 PM TJ Owens 2022031 MACKENZIES PRELIMINARY SITEPLAN.dwg PHO_16
EXP. 03/31/2024
LEGEND
BUILDING FOOTPRINT
CONCRETE CURB
NEW SCREEN WALL
PROPERTY LINE
EASEMENT LINE
1126
EXISTING CONTOUR
SETBACKS
NEW PARKING LOT LIGHTS
BOLLARD
TRAFFIC DIRECTION ARROW
NEW LANDSCAPED AREA
NEW
EX.
10'X20' TRAFFIC
VIIBILITY TRIANGLES
MINNEZONA AVENUE
CANAL R.O.W.
GRAND CANAL TRAIL
RECREATION AND
PARKING AREA
RYAN
MCKENZIE
711 E MINNEZONA
AVE
PHOENIX, AZ
NEW
FOR:
(808)-439-1520
OWNER NAME:
DHM TRADING LLC / MCKENZIE HOLDINGS LLC
CONTACT:
RYAN MCKENZIE
OWNER ADDRESS:
5702 N 12TH STREET
PHOENIX, AZ. 85014
EMAIL:
MCKENZIE.MIDTOWN@GMAIL.COM
PHONE:
808-439-1520
OWNER INFORMATION
VICINITY MAP
scale: N.T.S.
PROPERTY ADDRESS:
711 E. MINNEZONA AVE. & 4531 N 7TH AVE.
PHOENIX, AZ.
APN:
155-20-044A, 155-20-042
ZONING:
155-20-042: C-2, 155-20-044A: P-1, C-2
CURRENT LOT AREA:
155-20-042: 155-20-044A:0.36 AC.
BLDG AREA RATIO:
2.6%
SETBACKS (C-2)
STREET SIDE:
25' AVG, 20' MIN
CANAL ROW:
20' AVG, 15' MIN
LANDSCAPE:
20' AVG, 15' MIN
SETBACKS (P-1)
FRONT / REAR:
30' / 0' (REAR 10' AVG)
SIDE STREET / YARD:
10' / 0'
HEIGHT REQUIREMENTS:
30' MAX
REZONING CASE NUMBER:
STAFF REPORT Z-22-23-4 (APPROVED)
ORDINANCE #: G-7168
SITE ANALYSIS
CAMELBACK ROAD
7TH STREET
INDIAN SCHOOL ROAD
16TH STREET
MINNEZONA AVE
GRAND CANAL
PROJECT
LOCATION
8TH ST
P-1
C-2
650 SF PERIMETER LANDSCAPE
305 SF LANDSCAPE
CANAL EDGE
P-1 ZONING BOUNDARY
912 SF SRP LANDSCAPE
748 SF CANAL LANDSCAPE
6,416 SF
ASPHALT
PAVING
GRAND CANAL
PHO-1-24--Z-22-23-4
Proposed Conceptual Site Plan
Hearing Date: May 15, 2024
Planning Commission Hearing
Approved Minutes – September 7, 2023
Page 22 of 79
REZONING
11.
Application #:
Z-22-23-4
From:
R-3
To:
C-2 and P-1
Acreage:
0.68
Location:
Southwest corner of 8th Street and Minnezona
Avenue
Proposal:
Parking lot and outdoor recreation patio to
service restaurant/bar.
Applicant:
Owens Design Consultants
Owner:
Rosemary McKenzie, DHM Trading, LLC
Representative:
Thomas Owens
Ms. Racelle Escolar stated that Item No. 11 is Z-22-23-4 a request to rezone
0.68-acres at the southwest corner of 8th Street and Minnezona Avenue from R-
3 (Multifamily Residence District) to C-2 (Intermediate Commercial District) and
P-1 (Parking District) to allow a parking lot and outdoor recreation patio to
service restaurant/bar.
The Camelback East Village Planning Committee recommended approval, per
the staff recommendation by a 12 to 0 vote.
Staff recommends approval, per the Camelback East Village Planning Committee
recommendation.
Chairman Howard stated that no one wished to speak on this item. He
entertained a motion.
Vice-Chairman Gaynor made a motion to approve Z-22-23-4, per the
Camelback East Village Planning Committee recommendation.
Commissioner Busching SECONDED.
There being no further discussion, Chairman Howard called for a vote and the
MOTION Passed 6-0 (Absent: Mangum, Perez, Simon).
Stipulations:
Overall Site
1.
A minimum of 10% of the required parking spaces shall be EV ready.
2.
Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped, or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3.
Pedestrian walkways shall be shaded by a structure, landscaping at maturity, or
Planning Commission Hearing
Approved Minutes – September 7, 2023
Page 23 of 79
a combination of the two to achieve a minimum of 75% shade, measured at
summer solstice at noon as shown on a shading study, as approved by the
Planning and Development Department.
4.
A minimum 5-foot-wide detached sidewalk separated by a minimum 6-foot-wide
landscape strip located between the back of curb and sidewalk shall be
constructed along the south side of Minnezona Avenue, planted to the following
standards as approved by the Planning and Development Department.
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 to achieve
a minimum of 75% live vegetative ground coverage at maturity.
5.
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.
6.
Landscape areas adjacent to the Grand Canal pathway shall be planted to the
following standards and maintained with a watering system, as approved by the
Planning and Development Department.
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 to achieve
a minimum of 75% live vegetative ground coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
7.
If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
8.
If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
9.
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
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Approved Minutes – September 7, 2023
Page 24 of 79
Archaeology Office to properly assess the materials.
10.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The
following requirements shall apply, as approved by the Planning and
Development Department:
a.
The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b.
A copy of the Grading and Drainage Plan shall be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements.
c.
The developer shall provide a FEMA approved CLOMR-F or CLOMR prior
to issuance of a Grading and Drainage permit or provide floodplain
mitigation measures such as, but not limited to, floodproofing all structures
(permanent or non-permanent) to an elevation of one foot above the base
flood elevation and use flood resistant materials, as approved by the
Floodplain Management section of the Office of the City Engineer.
11.
Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder's Office and delivered to the City to be included in the rezoning
application file for record.
C-2 Zoned Area (General Commercial District)
12.
An 8-foot-wide shaded pedestrian pathway shall be constructed of decorative
material such as brick, pavers, or alternative material with access to the Grand
Canal Trail shall be provided, as approved by the Planning and Development
Department.
13.
Bicycle infrastructure shall be installed as described below and as approved by
the Planning and Development Department.
a.
Secured bicycle parking shall be provided at a rate of four spaces and
shall be installed as per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance.as approved by the Planning and Development
Department.
b.
A bicycle repair station (“fix it station”) shall be provided and maintained on
site within an amenity area or near a primary site entrance. The bicycle
repair station (“fix it station”) shall be provided in an area of high visibility
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Approved Minutes – September 7, 2023
Page 25 of 79
and separated from vehicular maneuvering areas, where applicable. The
repair station shall include, but not be limited to:
i. Standard repair tools affixed to the station.
ii. A tire gauge and pump affixed to the base of the station or the ground.
iii. A bicycle repair stand which allows pedals and wheels to spin freely
while making adjustments to the bike.
c.
A minimum of 10% of the required bicycle parking spaces shall include
120-volt receptacles for electric bicycle charging capabilities.
P-1 Zone Area (Passenger Automobile Parking, Limited)
14.
A minimum 5-foot-wide detached sidewalk, separated by a minimum 6-foot-wide
landscape strip located between the back of curb and sidewalk, shall be
provided along 8th Street connecting the existing sidewalk from Minnezona
Avenue to the Grand Canal trail, planted to the following standards, as approved
by the Planning and Development Department.
a.
Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade
trees planted 20-feet on center or in equivalent groupings.
15.
A minimum 10-foot-wide landscape setback shall be provided along the north
and east property lines, planted to the following standards, as approved by the
Planning and Development Department.
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 to achieve
a minimum of 75% live vegetative ground coverage at maturity.
16.
A minimum 5, average 10-foot-wide landscape setback shall be provided from
the south property line.
17.
A minimum 10% of surface parking lot area, exclusive of perimeter landscape
setbacks, shall be landscaped and planted with minimum 2-inch caliper, large
canopy, drought-tolerant shade trees, dispersed throughout the parking area to
achieve a minimum of 25% shade at maturity, measured at summer solstice at
noon as shown on a shading study, as approved by the Planning and
Development Department.
18.
Right-of-way shall be dedicated for the west-half of 8th Street for a half-radius
45-foot radius cul-de-sac dedication at its southern termination.
***
CAMELBACK EAST VILLAGE PLANNING COMMITTEE
MEETING MINUTES
Tuesday, August 1, 2023
Devonshire Community Center
2802 East Devonshire Avenue
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
Jay Swart, Chair
Rhonda Beckerleg Thraen
John Roanhorse
William Fischbach, Vice Chair
John Czerwinski
Greg Abbott
Kitty Langmade
Dawn Augusta
Tom O’Malley
John Baumer
Barry Paceley
Jerryd Bayless
Sharon Schmieder
Christina Eichelkraut
Danny Scharaby
George Garcia
Jack Wilenchik
Vic Grace
Adiba Jurayeva
Lee Miller
Dan Rush
1. Call to order, introductions and announcements by Chair.
Chair Jay Swart called the meeting to order at 6:05 p.m. with a quorum of 12
members present (11 required for a quorum).
Chair Swart stated that Committee Member Ashley Nye has resigned from the
Camelback East Village Planning Committee and acknowledged and thanked her for
her dedicated service to the community.
2. Review and approval of the July 11, 2023 meeting minutes.
MOTION:
Committee member Greg Abbott motioned to approve the July 11, 2023 meeting
minutes. Committee member George Garcia seconded the motion.
VOTE:
12-0; motion to approve the July 11, 2023 meeting minutes passed with Committee
members Abbott, Augusta, Baumer, Bayless, Eichelkraut, Garcia, Grace, Jurayeva,
Miller, Rush, Fischbach and Swart in favor.
3. Z-22-23-4: Presentation, discussion, and possible recommendation regarding a
request to rezone 0.68 acres located at the southwest corner of 8th Street and
Camelback East Village Planning Committee
August 1, 2023 – Minutes
Page 2 of 4
Minnezona Avenue from R-3 (Multifamily Residence District) to C-2 (Intermediate
Commercial) (0.27 acres) and P-1 (Passenger Automobile Parking, Limited) (0.41
acres) to allow an outdoor recreation patio and parking lot.
1 member of the public registered to speak on this item in support.
6 members of the public registered in support, not wishing to speak.
1 member of the public registered in opposition, not wishing to speak.
STAFF PRESENTATION:
John Roanhorse, staff, provided an overview of the rezoning request, describing the
location, general plan designation, existing and proposed zoning district, and the
surrounding uses. Mr. Roanhorse discussed project staff report analysis, findings and
stipulations.
APPLICANT PRESENTATION:
Patrick Paul representing the applicant with Snell & Wilmer, LLP introduced himself
and acknowledged his experience in working on various development projects. Mr.
Paul discussed the existing pub and restaurant and noted the McKenzie family’s
ownership and efforts to expand the business. Mr. Paul noted that there have been
no violations or adverse activities since the McKenzie family bought the property in
2018. Mr. Paul explained the intent of the expansion is to accommodate an outdoor
recreation area and parking lot by combining the site into one property. Mr. Paul
discussed the existing site, the adjacent areas and described design measures that
will reduce sound, lighting and connectivity the to the Grand Canal. Mr. Paul stated
the expansion will include an 8-foot screen wall, shade coverage, sidewalks, bicycle
parking and the recreational area. Mr. Paul discussed security lighting, onsite traffic
flow and security staff for the proposed development. Mr. Paul stated the applicant
conducted two public meetings and received support from the neighborhood. Mr.
Paul state the McKenzie family have been good neighbors and they expect that to
continue the proposed expansion. Mr. Paul displayed a video presentation to
demonstrate how the proposal will appear with it is completed.
Chair Swart noted that the hours of operation in the presentation were different than
what was stated in the presentation. Mr. Paul responded that the hours of operation
are Monday through Thursday 3:00 pm to 12:00 am, Friday and Saturday 11:00 am
to 1:00 am and Sunday 10:00 am to 12:00 am.
QUESTIONS FROM THE COMMITTEE:
Committee Member Abbott asked about automobile access in the parking lot and if
it is in one direction. Mr. Paul responded that automobile movement will enter from
Camelback East Village Planning Committee
August 1, 2023 – Minutes
Page 3 of 4
7th Street and proceed east to the parking lot located on the east side of the property.
Mr. Abbott noted that it appears on the site plan there will be lanes for automobiles to
move in two directions.
Committee Member Augusta asked about patrons and will the proposed
development allow all ages or only patrons over 21 years old. Mr. Paul responded
that the intent is to accommodate patrons 21 years old and over and possibly allow
younger patrons on Sunday afternoons.
Chair Swart commented on the security measures that will be provided and asked
the applicant to assure that security staff will be properly trained with the Title IV
requirements in the operation of the business. Mr. Paul responded that the applicant
will ensure that security staff will be Title IV trained and will be complaint with proper
protocols.
PUBLIC COMMENTS:
Robert Scimera stated he owns three properties in neighborhood next to McKenzie’s
and supports the expansion and the vacant site is an eyesore and the business will
bring in many of the neighbors and create a good atmosphere. Mr. Scimera stated he
knows the owners and is supportive of the proposal.
APPLICANT RESPONSE:
None.
FLOOR/PUBLIC DISCUSSION CLOSED: COMMITTEE DISCUSSION AND VOTE:
MOTION:
Committee Member Greg Abbott motioned to recommend approval of Z-22-23-4
per the staff recommendation.
Committee Member Adiba Jurayeva seconded the motion.
VOTE:
12-0; motion to recommend approval of Z-22-23-4 per the staff recommendation
passes with Committee members Abbott, Augusta, Baumer, Bayless, Eichelkraut,
Garcia, Grace, Jurayeva, Miller, Rush, Vice Chair Fischbach and Chair Swart in
favor.
4. Public comments concerning items not on the agenda.
Camelback East Village Planning Committee
August 1, 2023 – Minutes
Page 4 of 4
None.
5. Staff update on cases recently reviewed by the Committee.
None.
6. Committee member announcements, requests for information, follow up, or future
agenda items.
None.
7. Adjournment. Meeting adjourned at 6:32 PM