Attachment D - PC Summary - Z-23-20-8.pdf

REPORT OF PLANNING COMMISSION ACTION 
September 3, 2020 
ITEM NO: 8 
DISTRICT NO.: 8
SUBJECT: 
Application #: 
Z-23-20-8 
Location: 
Approximately 600 feet north of the northwest corner of 38th Street 
and Southern Avenue
From: 
S-1 
To: 
CP/GCP 
Acreage: 
9.81 
Proposal: 
Warehousing with general office and assembly/manufacturing 
Applicant: 
Adam Baugh, Withey Morris, PLC
Owner: 
Thomas and Olivia Duvall
Representative: Adam Baugh, Withey Morris, PLC
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
South Mountain 8/11/2020 Approval, per the staff recommendation. Vote: 8-4. 
Planning Commission Recommendation: Approval, per the South Mountain Village 
Planning Committee recommendation. 
Motion Discussion: N/A 
Motion details: Commissioner Shank made a MOTION to approve Z-23-20-8, per the 
South Mountain Village Planning Committee recommendation. 
Maker: Shank 
Second: Montalvo 
Vote: 9-0 
Absent: None   
Opposition Present: No 
Findings: 
1.
The proposal is consistent with the General Plan Land Use Map designation of
Commerce/Business Park.
2.
The proposed commerce park development, as stipulated, is compatible with
the surrounding land uses.
3.
The proposed development is consistent with the scale and character of
developments in the surrounding area.
Attachment D

Stipulations: 
 
1. 
A minimum building setback of 120 feet shall be required along the west side 
of the site, exclusive of carports and shade structures other than those used for 
outdoor storage, as approved by the Planning and Development Department.
 
 
2. 
The primary building entrance, on the southeast portion of the site, shall be in 
general conformance with the building rendering date stamped June 30, 2020, 
with specific regard to the glass façade and architectural metal feature, as 
approved by the Planning and Development Department.
  
 
3. 
A minimum 10-foot wide landscape setback shall be required along the south 
and west property lines, except where adjacent to non-residential zoning 
districts, as approved by the Planning and Development Department. 
 
 
4. 
Large canopy drought tolerant trees of minimum 2-inch caliper size shall be 
planted 20 feet on center or in equivalent groupings in the ordinance required 
and stipulated landscape setback areas, as approved by the Planning and 
Development Department.
 
 
5. 
One outdoor employee resting area of no less than 400 square feet or two 200 
square feet areas shall be provided on site. Each required pedestrian area 
shall include a minimum of two pedestrian seating benches, constructed of 
quality and durable materials, and shaded to a minimum of 75 percent using 
large canopy drought-tolerant shade trees of minimum 2-inch caliper size 
and/or architectural shade, as approved by the Planning and Development 
Department. 
 
 
6. 
All uncovered surface parking lot areas for customer parking and employee 
parking shall be landscaped with minimum 2-inch caliper drought-tolerant 
shade trees. Landscaping shall be dispersed throughout the parking area and 
achieve 25 percent shade at maturity, as approved by Planning and 
Development Department.
 
 
7. 
Pedestrian walkways, including the sidewalk along 38th Street, shall be 
shaded to a minimum of 75 percent using large canopy drought-tolerant shade 
trees of minimum 2-inch caliper size at maturity and/or architectural shade, as 
approved by the Planning and Development Department.
 
 
8. 
Clearly defined, accessible pedestrian pathways constructed of decorative 
pavers, stamped or colored concrete or another material, other than those 
used to pave the parking surfaces and drive aisles shall be provided 
connecting all building entrances and exits, and all public sidewalks utilizing 
the minimum possible distance and providing the most direct route, as 
approved by the Planning and Development Department.
 
 
9. 
“Secured/Covered Bicycle Facilities” shall be provided at a rate of one bicycle 
space per 50 vehicular parking spaces, up to a maximum of 20 bicycle parking 
spaces. These spaces shall be provided as defined in Appendix K of the 
Comprehensive Bicycle Master Plan, and as approved by the Planning and

Development Department.
 
 
10. 
The developer shall dedicate 5 feet of right-of-way for the west half of 38th 
Street and shall improve the roadway per the requirements of the City of 
Phoenix local street standards, as approved by the Planning and Development 
Department. 
 
 
11. 
The developer shall improve the west side of the adjacent 38th Street cul-de-
sac with curb, gutter and sidewalk and add a scupper with associated handrail 
along the existing drainage easement, as approved by the Planning and 
Development Department.
 
 
12. 
The developer shall construct all streets adjacent to the development with 
paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other 
incidentals, as per plans approved by the Planning and Development 
Department. All improvements shall comply with all ADA accessibility 
standards. 
 
 
13. 
Prior to issuance of building permits, the developer shall work with the adjacent 
property owner to dedicate 30 feet of right-of-way for the west half of 38th 
Street adjacent to 5900 South 38th Street, Phoenix, AZ 85040, APN 122-76- 
001B. The developer shall install the corresponding paving with thickened 
edge to a total of 20 feet for the west half street for the length of the parcel. 
The Street Transportation Department, as its sole discretion, may waive or 
modify these requirements upon adequate demonstration of “good faith” efforts 
to obtain the right-of-way dedication from the adjacent property owner. 
 
 
14. 
The developer shall record a Notice of Prospective Purchasers of Proximity to 
Airport in order to disclose the existence and operational characteristics of 
Phoenix Sky Harbor International Airport (PHX) to future owners of the 
property. 
 
 
15. 
The developer shall provide documentation to the City prior to construction 
permit approval that Form 7460-1 has been filed for the development and that 
the development received a “No Hazard Determination” from the FAA. If 
temporary equipment used during construction exceeds the height of the 
permanent structure a separate Form 7460-1 shall be submitted to the FAA 
and a “No Hazard Determination” obtained prior to the construction start date.
 
 
16. 
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. 
 
 
17. 
If Phase I data testing is required, and if, upon review of the results from Phase 
I data testing, the City Archaeologist, in consultation with a qualified 
archeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations. 
 
 
18. 
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.
 
This publication can be made available in alternate format upon request. Please contact 
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.