Attachment B - PHO Staff Report - PHO-2-24--Z-86-06-6.pdf

City of Phoenix — Formal (2024-07-01)

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Staff Report: PHO-2-24--Z-86-06-6
June 4, 2024
APPLICATION #:
PHO-2-24--Z-86-06-6
LOCATION:
Northeast corner of 24th Street and Camelback Road
EXISTING ZONING:
PSC (Approved C-2 HR) CEPCSP
ACREAGE:
33.70
REQUEST:
1) Request to modify Stipulation 2 regarding review and
approval for a tower exceeding 112 feet and proposed
building elevations inconsistent with those dated June 23,
2006 through the Planning Hearing Officer process.
2) Technical Corrections to Stipulations 7 and 9.
APPLICANT:
Ed Bull, Burch & Cracchiolo P.A.
OWNER:
Biltmore Shopping Center Partners
REPRESENTATIVE:
Ed Bull, Burch & Cracchiolo P.A.
STAFF RECOMMENDATION
Approval with modifications and additional stipulations, as recommended by the
Planning Hearing Officer.
PLANNING HEARING OFFICER RECOMMENDATION
The Planning Hearing Officer heard the request on April 17, 2024, and recommended
approval with modifications and additional stipulations.
VILLAGE PLANNING COMMITTEE RECOMMENDATION
The
Village Planning Committee chose not to hear this case.

Staff Report-PHO-2-24--Z-86-06-6
June 6, 2024 Planning Commission
Page 2 of 7

BACKGROUND/ANALYSIS

The subject site consists of 33.70 gross acres located at the northeast corner of 24th
Street and Camelback Road and is zoned PSC (Approved C-2 HR) CEPCSP (Planned
Shopping Center, (Approved Intermediate Commercial, High Rise District), Camelback
East Primary Core Specific Plan). The applicant is proposing a new tower (Building P on
Exhibit K), located on the southeast portion of the property. The applicant is requesting:

A modification of Stipulation 2 regarding review and approval for a tower
exceeding 112 feet and proposed building elevations inconsistent with those
dated June 23, 2006 through the Planning Hearing Officer process. The
C) notes they want to create new stipulations to
allow for the possible development of two different options for Building P: a 140-
foot tall office with retail and mixed-use commercial at grade (Exhibit K and L,
option 1) or a 165-foot tall single use or mixed-use tower including residential,
hotel, and/or office, with retail and mixed-use at grade (Exhibit K and L, option 2).

Technical corrections to Stipulations 7 and 9 are regarding the update to the
Planning and Development Department name.

On April 24, 2024 the PHO recommendation was appealed by two community
members: Christine DeVelis (Exhibit A) and Robert Marino (Exhibit B). Christine DeVelis
argues that the wording of the modified stipulation is overly broad and permissive.
Robert Marino argues that the project requires further review from the Camelback East
Village Planning Committee, more community engagement and a thorough traffic study
before moving forward.

PREVIOUS HISTORY

On November 1, 2006, the Phoenix City Council approved Rezoning Case No. Z-86-06-
6, a request to rezone approximately 27.33 acres located on the northeast corner of
24th Street and Camelback Road (Exhibit G). The request was to rezone 27.33 acres
from PSC (Planned Shopping Center) to C-2 HR (Intermediate Commercial, High Rise
District), subject to stipulations (Exhibit F).

The proposed development was intended to provide a mix of retail, residential, and
hotel space. Per the proposed conceptual site plan (Exhibit I), the minimum building
setbacks for the site were approximately eight feet along 26th Street (Building K, one-
story retail with residential above), approximately 190 feet along Camelback Road
(Building I, existing two-story retail/office building), approximately 88 feet along 24th
Street (Building A, existing three-story building), and approximately 218 feet along
Orange Drive (Building B, existing two-story building). The proposed maximum number
of dwelling units was 104.

Staff Report-PHO-2-24--Z-86-06-6
June 6, 2024 Planning Commission
Page 3 of 7

NEIGHBORHOOD CONCERNS

Public Correspondence
Sixty-four letters of concern/opposition were received regarding the lack of
neighborhood outreach regarding this application, a request for another neighborhood
meeting to discuss the requests, and a request for the Camelback East Village Planning
Committee to hear the case. Two letters of support were received supporting the
proposed development.

GENERAL PLAN LAND USE MAP DESIGNATION

Residential 15+ dwelling units / acre
Commercial

CHARACTER OF SURROUNDING LAND USE

Zoning

Land Use

On-site:

PSC (Approved C-2 HR) Biltmore Fashion Park

CEPCSP

(Commercial retail,

restaurants, and services)

North:

P-2 CEPCSP

Parking
(Adjacent)

PAD-14 CEPCSP

Multifamily Residential

(Condominiums)

East:

C-2 CEPCSP

Hotel
(Across 26th Street)
PSC CEPCSP

Bank

South:

C-2 H-R SP CEPCSP
Office
(Across Camelback Road)

Multifamily Residential

West:

RE-35 CEPCSP

Single-Family Residential
(Across 24th Street)
R-5 CEPCSP

Bank

C-2 H-R CEPCSP
Office

PLANNING HEARING OFFICER FINDINGS

1) The request for modification of Stipulation 2 is recommended to be approved
with a modification. Staff is recommending the modification of Stipulation 2 to
delete the requirement for general conformance to the elevations dated June 23,
2006 and create new stipulations to allow for the possible development of one of
two different options with permitted building heights depending on the specific
use or mix of uses.

Staff Report-PHO-2-24--Z-86-06-6
June 6, 2024 Planning Commission
Page 4 of 7

The new stipulation (Stipulation 3) allows the submitted site plans to be
applicable only to the proposed tower on Building P for the two building heights
for either the 140 feet for an office and/or mixed-use commercial tower (Option
1) or 165 feet for a single use or mixed-use tower including residential, hotel,
and/or commercial uses (Option 2). Future developments separate from the
Building P tower will be able to submit separate site plans specific to those
projects, independent of the plans for Building P.

Staff is also recommending approval for the removal of the June 23, 2006
elevations requirement, as these elevations are outdated and are only applicable
to the first phase of development, already completed on the site. Elevations and
design review will continue to be reviewed and commented on by the Camelback
East Architectural Review Committee for each proposed development. Lastly,
the proposed tower complies with the Building Height Exhibit B of the Camelback
East Primary Core Specific Plan, dated August 24, 2006, which designates the
area with a maximum building height of 165 feet.

2) Stipulation 4 has been added as a new stipulation at the request of the Street
Transportation Department. The stipulation requires a Traffic Impact Study that
will evaluate the magnitude of traffic impact the addition of Building P has on the
adjacent intersection and existing infrastructure. The study will help determine if
additional infrastructure is needed to ensure the traffic in the area continues to
operate safely and efficiently with the new addition.

3) The Public Transit Department recommends an additional stipulation requiring
the developer to retain the existing bus stop pad and transit shelter adjacent to
the site. This additional Stipulation has been added as new Stipulation 5.

4) The applicant did not submit a Proposition 207 waiver of claims prior to the
Planning Hearing Officer hearing. Submittal of this form is an application
requirement. An additional stipulation is recommended to require the applicant
to record this form and deliver it to the City to be included in the rezoning
application file for record (Stipulation 11).

PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS:

1.
That The development of the two Phase 1 towers with residential or hotel uses
up to 165 feet shall be in general conformance with the conceptual site plan
and elevations dated June 23, 2006.

2.
That The location of future towers beyond Phase 1 shall conform to the
Biltmore Fashion Park Building Height Exhibit B, dated August 24, 2006, as
set forth in the Camelback East Primary Core Specific Plan, the stipulations of
this rezoning case, and the applicable Specific Plan Design Guidelines. For
towers seeking bonus building heights above 112 feet, compliance with
Specific Plan criteria to achieve such bonus building heights shall be reviewed

Staff Report-PHO-2-24--Z-86-06-6
June 6, 2024 Planning Commission
Page 5 of 7

and approved through the City's Planning Hearing Officer hearing process.
Should the building elevations for these future buildings not be generally
consistent with the elevations dated June 23, 2006, the applicant shall also be
required to process a modification to this stipulation to approve the new
building elevations through the City's Planning Hearing Officer hearing
process.

BUILDING HEIGHTS/DENSITY

3.
BUILDING P LOCATED AT THE SOUTHEAST CORNER OF THE SITE
SHALL BE DEVELOPED WITH ANY SINGLE USE OR MIX OF USES,
INCLUDING BUT NOT LIMITED TO HOTEL, RESIDENTIAL, OFFICE
AND/OR RETAIL/COMMERCIAL USES AS PERMITTED IN SECTION 623
OF THE ZONING ORDINANCE AND THE CAMELBACK EAST PRIMARY
CORE SPECIFIC PLAN.

a. A DEVELOPMENT CONSISTING OF OFFICE AND/OR OTHER
COMMERCIAL USES SHALL BE IN GENERAL CONFORMANCE WITH
THE OPTION 1 OFFICE SITE PLAN DATE STAMPED DECEMBER 1, 2023
WITH SPECIFIC REGARD TO THE FOLLOWING:

i.
BUILDING HEIGHT SHALL BE A MAXIMUM OF 140 FEET, AS
APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

b. A DEVLEOPMENT CONSTISTING OF HOTEL AND/OR RESIDENTIAL
WITH OR WITHOUT A COMMERCIAL COMPONENT SHALL BE IN
GENERAL CONFORMANCE WITH THE OPTION 2 MIXED USE SITE
PLAN DATE STAMPED MARCH 1, 2024 WITH SPECIFIC REGARD TO
THE FOLLOWING:

i.
BUILDING HEIGHT SHALL BE A MAXIMUM OF 165 FEET, AS
APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

ii.
THE CONFIGUATION, SIZE, AND LOCATION OF THE BUILDING
FOOTPRINT FOR A DEVELOPMENT INCLUSIVE OF A
RESIDENTIAL OR HOTEL USE MAY BE ALTERED TO
ACCOMMODATE FOR VARIED FORMS AND LOCATIONS OF
PORTES-COCHERES, AS APPROVED OR MODIFIED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

4.
A TRAFFIC IMPACT STUDY (TIS) SHALL BE SUBMITTED TO THE CITY
FOR BUILDING P. NO PRELIMINARY APPROVAL OF PLANS SHALL BE
GRANTED UNTIL THE STUDY IS REVIEWED AND APPROVED BY THE

Staff Report-PHO-2-24--Z-86-06-6
June 6, 2024 Planning Commission
Page 6 of 7

STREET TRANSPORTATION DEPARTMENT. THE TIS SHALL INCLUDE
AN OPERATIONS ANALYSIS FOR THE 26TH STREET AND CAMELBACK
ROAD INTERSECTION. THE DEVELOPER SHALL BE RESPONSIBLE FOR
FUNDING AND CONSTRUCTION OF ALL RECOMMENDATIONS OF THE
APPROVED STUDY.

5.
THE DEVELOPER SHALL RETAIN THE EXISTING BUS PAD AND TRANSIT
SHELTER ON WESTBOUND CAMELBACK ROAD ON THE WEST SIDE OF
26TH STREET.

3.
6.
That Building heights shall be developed according to Exhibit 8 (mediated
agreement) and that bonus building height of 165 feet shall be permitted only
for hotel and residential uses with retail uses (including service retail) required
in the first at grade level of such buildings located on the pedestrian spine.

4.
7.

That Buildings achieving a bonus height of 165 feet shall have a maximum of
56 feet (measured from finished grade) which shall be utilized for commercial,
office or retail.

5.
8.

That The density on the C-2 HR portion of the site shall be limited to 96.8
dwelling units per acre.

STREETSCAPE AND PEDESTRIAN SPINEICORE IDENTITY PLAN

6.
9.

That The applicant shall participate in the development of designs for signage,
light fixtures, walkway surface patterns and other street furniture elements for
the pedestrian spine and architectural and engineering drawings for theming,
landscaping and other related improvements for the Camelback Road
streetscape through the Camelback East Primary Core Specific Plan area.

7.
10.
That The property shall include an outdoor pedestrian component which will
represent the northern terminus of the Pedestrian Spine per the Camelback
East Primary Core Specific Plan and that, as part of this component, and as
approved by the PLANNING AND Development Services Department.

a. The developer shall install a pedestrian walkway from the pedestrian
underpass on Camelback Road to the retail/residential structure.

b. That A way
theme shall be established for the development to
identify the pedestrian spine within the project. The theme may be
incorporated into elements such as: the pavement on which the pedestrian
spine is routed; into the seating and lighting bollards or other pedestrian
lighting, along the spine; as well as into directional signage. The "way
finding devices/mechanisms shall in some manner inform/direct those who

Staff Report-PHO-2-24--Z-86-06-6
June 6, 2024 Planning Commission
Page 7 of 7

Exhibits:
A- Appeal Document-Christine DeVelis (1 page)
B- Appeal Document-Robert Marino (1 page)
C-

D- Aerial Map (1 page)
E- Zoning Map (1 page)
F- Approval Letter from Rezoning Case No. Z-86-06-6 (3 pages)
G- Sketch Map from Rezoning Case No. Z-86-06-6 (1 page)
H- PHO Summary for PHO-2-24
Z-86-06-6 from April 17, 2024 (7 pages)
I- Conceptual Site Plan, date stamped June 23, 2006 (1 page)
J- Conceptual Elevations, date stamped June 23, 2006 (1 page)
K- Conceptual Site Plan, date stamped March 1, 2024 (4 pages)
L- Conceptual Elevations, date stamped March 1, 2024 (2 pages)
M- Correspondence (67 pages)

enter the site that they can maneuver around the site and they can travel
through the site to destinations off-site. The applicant shall present the
theme concept to the Camelback East Village Planning Committee
Camelback Corridor Subcommittee for review and comment prior to
preliminary site plan approval, as approved by the PLANNING AND
Development Services Department.

8.
11.
That Bicycle racks shall be provided on site and located in a covered and
secure area.

9.
12.

That The developer, shall together with other developers and commercial
property owners in the immediate area, contribute on a fair and equitable
basis to the financing of a rubber wheeled trolley system on the loop road as
approved by the Planning AND DEVELOPMENT Department.

10.
13.
That All improvements shall comply with ADA accessibility standards.

14.
PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM
APPROVED BY THE CITY ATTORNEY'S OFFICE. 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.

Benjamin W. Graff
Direct Dial: (602) 229-5696
E-Mail: Benjamin.Graff@Quarles.com
Renaissance One
Two North Central Avenue
Phoenix, Arizona 85004-2391
602.229.5200
Fax 602.229.5690
www.quarles.com
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March 1, 2024
City of Phoenix Planning Hearing Officer: Biltmore Fashion Park
I.
Introduction
Quarles & Brady LLP submits this Planning Hearing Officer (“PHO”) Stipulation and Site
Plan Modification application on behalf of Biltmore Shopping Center Partners LLC c/o The
Macerich Company (“Macerich” or “Applicant”) regarding the roughly 32.8-acre site located at
the Northeast Corner of 24th Street and Camelback Road (2502 East Camelback Road, Phoenix, AZ
85016) (the “Property”). See Aerial & Zoning Maps Attached at Tab A. The Applicant plans to
develop a tower on Building P consisting of two potential development options. “Option 1” is a
140-foot office tower consisting of a mix of lower-level commercial uses. “Option 2” is a 165-foot
single-use or mixed-use tower including hotel, residential, office, and/or retail. This PHO
Application responds to the requirements outlined in the stipulations for Rezoning Case No. Z-86-
06 as well as the development standards and design guidelines outlined in the Camelback East
Primary Core Specific Plan (“SP”). See Rezoning Case No. Z-86-08 Approval Letter and Stipulated
Plans Attached at Tab B.

II.
Existing Zoning and General Plan

a. Existing Zoning and General Plan Designation

Per the City of Phoenix Zoning Classification Map, the Property is currently split between
two zoning districts with a majority of the southern portion of the Property (25.5 gross acres) zoned
as C-2 HR (Intermediate Commercial, High-Rise District)1 and the northern portion of the Property
(7.3 gross acres) zoned as P-2 (Parking). See Property Zoning Map Attached at Tab A. The proposed
tower on Building P will be aligned with the approved C-2 HR Zoning and will be in compliance
with the underlying zoning district and Specific Plan. See Rezoning Case No. Z-86-08 Approval
Letter and Stipulated Plans Attached at Tab B.
The City of Phoenix General Plan, which serves as the City’s roadmap for development,
designates the Property as “Commercial”. The Property is also located within the Camelback East

1 The City of Phoenix Zoning Index Map shows the Property as PSC (Planned Shopping Center) with approved C-2
HR (Intermediate Commercial, High-Rise District). However, the map is outdated, and we are working with the City
to process an administrative map update to reflect the vested C-2 HR zoning district.

Page 2 of 20
Village Primary Core. The Commercial Land Use Category “accommodates office, retail, service
and multi-family development at varying scales and intensity of uses.” The Property and proposed
Option 1 or Option 2 development will be in compliance with the General Plan. See the Land Use
Map from the General Plan Attached at Tab A.

Finally, the Property sits in the Camelback East Primary Core Specific Plan. The SP allows
for office and/or mixed-use buildings to be at a height of 140 feet. The SP further allows hotel and/or
residential building to be at a height of up to 165 feet. See Camelback East Primary Core Specific
Plan Height Map Attached at Tab C.

b. Zoning History

The below table provides a concise overview of the Property’s extensive zoning history and
development background. For the purposes of the PHO Requests, Rezoning Case No. Z-86-06 and
its stipulations are the basis of this request. See Rezoning Case No. Z-86-08 Approval Letter and
Stipulated Plans Attached at Tab B.

Zoning Case
Zoning
Location
Official
Supplementary
Zoning Map
No.
Date Approved
Z-243-61
PSC
Majority of entire
Property
H-7 of
Ordinance No.
G-449
November 29,
1961
Ordinance No.
G-449 (Zoning
Ordinance and
Zoning Map
Update)
PSC
Majority of entire
Property
H-7 of
Ordinance No.
G-449
December 28, 1961
Z-323-63
PSC
400’x600’ area at
the Northeast
Corner of 24th St.
and Camelback Rd.
46
December 5, 1963
Z-119-C-74
PSC
Northern portion of
the Property
493
April 29, 1980
Z-131-79
PSC
35’ strip lying north
and east of the
Northeast corner of
24th St. and
Camelback Rd.
471
July 9, 1979
Z-148-88
PSC and P-2
Northern portion of
the Property
875
November 30,
1988

Page 3 of 20
Z-148-88 PHO
PSC and P-2
Northern portion of
the Property
875
January 30, 1991
Z-148-88 PHO
PSC and P-2
Northern portion of
the Property
875
February 27, 1991
Z-7-91
PSC and P-2
Northern portion of
the Property
875
January 30, 1991
Z-86-06
C-2 HR
Entire Property with
the exception of the
P-2 portion
Pending
November 1, 2006

III.
Stipulation Modification Requests

a. Stipulation No. 2 of Rezoning Case No. Z-86-06 Requires PHO Review for
Buildings Exceeding 112 Feet and Requires a Stipulation Modification to
Amend the Site Plan.

The existing language for Stipulation No. 2 is as follows:
2. That the location of future towers beyond Phase 1 shall conform to the Biltmore Fashion
Park Building Height Exhibit B dated August 24, 2006 as set forth in the Camelback East
Primary Core Specific Plan, the stipulations of this rezoning case, and the applicable Specific
Plan Design Guidelines. For towers seeking bonus building height above 112 feet
compliance with Specific Plan criteria to achieve such bonus building heights shall be
reviewed and approved through the City’s Planning Hearing Officer hearing process. Should
the building elevations for these future buildings not be generally consistent with the
elevations dated June 23, 2006 the applicant shall also be required to process a modification
to this stipulation to approve the new building elevations through the City’s Planning Hearing
Officer hearing process.
Request #1: Review and Approval of building height for Building P to allow either a building height
of 140 feet for an office and/or mixed-use commercial tower or 165 feet for a single-use or mixed-
use tower including hotel, residential, and/or commercial uses.
Detailed Rationale: The proposed tower on Building P will be developed at the maximum
bonus building height per the Camelback East Primary Core Specific Plan. 140 feet is allowed per
the Camelback East Primary Core Specific Plan for an office and/or mixed-use commercial tower,
which is Option 1. A maximum bonus building height of 165 feet is allowed per the Camelback East
Primary Core Specific Plan for a mixed-use tower with hotel and/or residential, which is Option 2.
Rezoning Case No. Z-86-06 specifically authorized heights exceeding 112 feet up to 140 feet
or 165 feet depending on the use, with the review and approval of the PHO. Stipulation No. 2 requires
the PHO to review the proposed height and ensure the proposal follows the Specific Plan criteria.
See Section V below which outlines how both Option1 and Option 2 for the proposed office tower
are in compliance with the Specific Plan.

Page 4 of 20
Request #2: Stipulation Modification to update stipulated site plan for the proposed tower on
Building P.
Proposed Legislative Edit:
2. That the location of future towers beyond Phase 1 shall conform to the Biltmore Fashion
Park Building Height Exhibit B dated August 24, 2006 as set forth in the Camelback East
Primary Core Specific Plan, the stipulations of this rezoning case, and the applicable Specific
Plan Design Guidelines. For towers seeking bonus building height above 112 feet
compliance with Specific Plan criteria to achieve such bonus building heights shall be
reviewed and approved through the City’s Planning Hearing Officer hearing process. Should
the building elevations for these future buildings not be generally consistent with the
elevations dated June 23, 2006 the applicant shall also be required to process a
modification to this stipulation to approve the new building elevations through the
City’s Planning Hearing Officer hearing process.
3. BUILDING P LOCATED AT THE SOUTHEAST CORNER OF THE SITE SHALL
BE DEVELOPED WITH ANY SINGLE USE OR MIX OF USES, INCLUDING BUT
NOT
LIMITED
TO
HOTEL,
RESIDENTIAL,
OFFICE
AND/OR
RETAIL/COMMERCIAL USES AS PERMITTED IN SECTION 623 OF THE
ZONING ORDINANCE AND CAMELBACK EAST PRIMARY CORE SPECIFIC
PLAN.
a. A DEVELOPMENT CONSISTING OF OFFICE AND/OR OTHER
COMMERCIAL USES SHALL BE IN GENERAL CONFORMANCE WITH
THE OPTION 1 OFFICE SITE PLAN DATE STAMPED DECEMBER 1, 2023
WITH SPECIFIC REGARD TO THE FOLLOWING:
i. BUILDING HEIGHT SHALL BE A MAXIMUM OF 140 FEET AS
APPROVED
OR
MODIFIED
BY
THE
PLANNING
AND
DEVELOPMENT DEPARTMENT.
ii. THE DEVELOPMENT SHALL BE IN COMPLIANCE WITH THE
PARKING REQUIREMENTS OUTLINED IN SECTION 702 OF THE
ZONING ORDINANCE AND SHALL BE SUBJECT TO PLANNING
AND DEVELOPMENT DEPARTMENT REVIEW.
b. A DEVELOPMENT CONSISTING OF HOTEL AND/OR RESIDENTIAL
WITH OR WITHOUT A COMMERCIAL COMPONENT SHALL BE IN
GENERAL CONFORMANCE WITH THE OPTION 2 MIXED USE SITE
PLAN DATE STAMPED MARCH 1, 2024 WITH SPECIFIC REGARD TO
THE FOLLOWING:
i. BUILDING HEIGHT SHALL BE A MAXIMUM OF 165 FEET AS
APPROVED
OR
MODIFIED
BY
THE
PLANNING
AND
DEVELOPMENT DEPARTMENT.
ii. THE DEVELOPMENT SHALL BE IN COMPLIANCE WITH THE
PARKING REQUIREMENTS OUTLINED IN SECTION 702 OF THE

Page 5 of 20
ZONING ORDINANCE AND SHALL BE SUBJECT TO PLANNING
AND DEVELOPMENT DEPARTMENT REVIEW.
iii. THE CONFIGURATION, SIZE, AND LOCATION OF THE
BUILDING FOOTPRINT FOR A DEVELOPMENT INCLUSIVE OF A
RESIDENTIAL OR HOTEL USE MAY BE ALTERED TO
ACCOMMODATE FOR VARIED FORMS AND LOCATIONS OF
PORTES-COCHERES.

Detailed Rationale: The Applicant requests the modification of Stipulation No. 2 to delete
the requirement for general conformance to the elevations dated June 23, 2006 and create new
stipulations to allow for the possible development of one of two different options with permitted
building heights depending on the specific use or mix of uses. The new stipulation allows the
submitted site plans to be applicable only to the proposed tower on Building P for the two building
heights for either the 140 feet for an office and/or mixed-use commercial tower (Option 1) or 165
feet for a single use or mixed-use tower including residential, hotel, and/or commercial uses (Option
2). Future developments separate from the Building P tower will be able to submit separate site plans
specific to those projects, independent of the plans for Building P. The Applicant has also requested
the removal of the June 23, 2006 elevations requirement, as these elevations are outdated and are
only applicable to the first phase of development already completed on the Property. Elevations and
design review will continue to be reviewed and commented on by the Camelback East Architectural
Review Committee for each proposed development. Lastly, the proposed tower complies with the
Building Height Exhibit B dated August 24, 2006, which designates the area with a maximum
building height of 165 feet. See Exhibit B Attached at Tab B.
b. The Proposed Tower on Building P Complies with the Following Additional
Stipulations from Rezoning Case No. Z-86-06 and Therefore, the Applicant is
not Requesting Modifications to These Stipulations.
The remaining stipulations associated with Rezoning Case No. Z-86-06 have been met and
modifications are not needed. The stipulations include:
1. That the development of the two Phase 1 towers with residential or hotel uses up to 165 feet
shall be in general conformance with the conceptual site plan and elevations dated June 23,
2006.
3. The building heights shall be developed according to Exhibit B (mediated agreement) and
that bonus building height of 165 feet shall be permitted only for hotel and residential uses
with retail uses (including service retail) required in the first at grade level of such buildings
located on the pedestrian spine.
4. That buildings achieving a bonus height of 165 feet shall have a maximum of 56 feet
(measured from finished grade) which shall be utilized for commercial office or retail.
5. That the density of the C-2 HR portion of the site shall be limited to 96.8 dwelling units per
acre.
6. That the applicant shall participate in the development of designs for signage, light fixtures,
walkway surface patterns and other street furniture elements for the pedestrian spine and

Page 6 of 20
architectural and engineering drawings for theming landscaping and other related
improvements for the Camelback Road streetscape through the Camelback East Primary
Core Specific Plan area.
7. That the property shall include an outdoor pedestrian component which will represent the
northern terminus of the Pedestrian Spine per the Camelback East Primary Core Specific
Plan and that as part of this component and as approved by the Development Services
Department
a.
The developer shall install a pedestrian walkway from the pedestrian underpass on
Camelback Road to the retail/residential structure
b. That a “way finding” them shall be established for the development to identify the
pedestrian spine within the project. The theme maybe incorporated into elements such
as the pavement on which the pedestrian spine is routed into the seating and lighting
bollards or other pedestrian lighting along the spine as well as into directional
signage. The “way finding” devises/mechanisms shall in some manner inform/direct
those who enter the site that they can maneuver around the site and they can travel
through the side to destinations off-site. The applicant shall present the theme concept
to the Camelback East Village Planning Committee Camelback Corridor
Subcommittee for review and comment prior to preliminary site plan approval as
approved by the Development Services Department.
8. That bicycle racks shall be provided on site and located in a covered and secure area.
9. That the developer shall together with the other developers and commercial property owners
in the immediate area contribute on a fair and equitable basis to the financing of a rubber
wheeled trolley system on the loop road as approved by the Planning Department.
10. That all improvements shall comply with ADA accessibility standards.

IV.
Project Background and Detailed Description of the Proposed Tower on Building P

a. Property Overview
Biltmore Fashion Park is Arizona's original outdoor luxury shopping center. The center
features lush gardens & relaxing fountains and boasts the states only Saks Fifth Avenue, Ralph
Lauren, J. Crew, and Diamond-Level Life Time, along with national retailers such as Anthropologie
& BHLDN Weddings, Evereve, Arhaus, Skin Laundry, and delectable dining such as Breakfast
Club, The Capital Grille, True Food Kitchen, Ambrogio15, Pomo Pizza, Bisutoro, and Blanco Tacos
+ Tequila.

The Property is located at the Northeast Corner of 24th Street and Camelback Road, with
Camelback Road to the south, 24th Street to the west, Orange Drive to the north and 26th Street to
the west. The proposed tower (Option 1 or 2) is situated at the Southeast Corner of the Property and
will be placed on the Building P designation which is currently being used as a surface parking lot.
The Property consists of individual buildings within the center of the Property with both surface
parking along the south, east and west sides and garage parking to the north of the outdoor mall. See
Proposed Option #1 Site Plan Attached at Tab D and Proposed Option #2 Site Plan Attached at Tab
E.

Page 7 of 20

Please note that while the provided site plan includes future development phases for context,
including a future garage and residential tower, this PHO application is limited to the proposed tower
located on Building P. Conceptual elevations not intended for any general conformance compliance
standards are also attached at Tab F.

b. Site Plan Descriptions

In the heart of Phoenix's Biltmore Fashion Park, the potential 140-foot tower consisting of a
mix of commercial uses (Option 1) and a potential 165-foot tower consisting of a single use or mix
of uses including a hotel and/or residential component (Option 2) are poised to seamlessly blend into
the upscale ambiance of the area while offering an exceptional mix of luxury, convenience, and
sustainability. The proposed tower enjoys a prime location, nestled at the corner of Camelback Road
and 26th Street. This puts it at the crossroads of luxury shopping, gourmet dining, and cultural
experiences, making it the ideal choice for businesses seeking to combine work and leisure
seamlessly. See Proposed Option #1 Site Plan Attached at Tab D and Proposed Option #2 Site Plan
Attached at Tab E.

(i). Option 1 Tower

The ground level of the Option #1 Tower hosts a selection of premium retail spaces, offering
tenants and visitors an opportunity to indulge in shopping and dining. Embracing environmental
responsibility, the Option #1 Tower incorporates energy-efficient systems, lighting, and an
environmentally conscious approach to waste management. This commitment to sustainability not
only reduces the carbon footprint but also creates a healthier work environment. Inside, the Option
#1 Tower offers a variety of forward-thinking office spaces tailored to the demands of modern
businesses. Flexible layouts, cutting-edge technology infrastructure, and abundant natural light
create a vibrant and productive atmosphere. To embrace the beauty of the mountains in the northeast,
the Option #1 Tower also offers a pavilion and amenity deck on the 10th floor for the luxury of its
users to host events with the best views of the valley. See Proposed Option #1 Site Plan Attached at
Tab D.
To meet the parking needs of modern businesses and visitors, the Option #1 Tower includes
a below-grade parking level, complete with a dedicated entrance either directly off of 26th Street or
from the opposite driveway. Additionally, a future standalone parking structure (not a part of this
PHO application) on the Northeast corner of the development ensures ample parking for tenants and
guests, guaranteeing a stress-free commute. The Option #1 Tower at Biltmore Fashion Park is poised
to redefine office spaces. With its coveted location, mixed-use concept, sustainable features, and a
commitment to luxury and convenience, it represents a significant addition to the community and
reimagines the office experience in Phoenix. It stands as a testament to the enduring allure of
Biltmore Fashion Park and its potential to shape the future of the city.

Page 8 of 20
(ii). Option 2 Tower

Boasting a coveted location, the Option #2 Tower stands as a testament to convenience and
accessibility. Positioned at the gateway of Camelback Road and 24th Street, residents will have
direct access to high-end retail and gourmet dining. The ground floor of the Option #2 Tower will
be dedicated to retail spaces, providing residents/guests with exclusive shopping and dining
experiences. This integrated approach extends the Biltmore Fashion Park's renowned elegance to
your doorstep. The Option #2 Tower’s prime location within the Biltmore Fashion Park and central
location in Phoenix makes this a highly desired and unique housing/hotel opportunity for Phoenix
residents. This building not only contributes to a more sustainable future but also fosters a healthier
and more inviting living environment. The Option #2 Tower at Biltmore Fashion Park is poised to
redefine luxury living in Phoenix. With its enviable location, mixed-use concept, commitment to
sustainability, and unwavering dedication to luxury and convenience, the Option #2 Tower sets a
new standard for the community. See Proposed Option #2 Site Plan Attached at Tab E.
Addressing the parking needs of its residents/guests, the Option#2 Tower features below-
grade parking with a dedicated entrance, ensuring seamless and secure parking options. Parking will
be addressed by a future parking garage in the same manner as described for the Option 1 Tower
and will be in compliance with §702 of the City of Phoenix Zoning Ordinance.
V.
Both Proposed Tower Options Comply with and Embrace the Goals and Standards of
the Camelback East Primary Core Specific Plan, and the Bonus Provisions Required
to Utilize the Maximum 165 Foot Height Prescribed by the Specific Plan.

The Property is located in the Camelback East Primary Core Specific Plan (“SP”) which
provides additional development standards and design guidelines beyond the base C-2 HR Zoning
District. The Specific Plan was originally approved in 1991 with an update in 2006. The Specific
Plan designated the Property as “Mixed-Use,” and the Specific Plan includes a two-tiered core form
consisting of the Core Center (intense land uses serving the village) and the Core Gradient (area of
transition from the core to surrounding single-family areas). The Property is located within the Core
Center. Within the two-tiered core form there are subareas identified. The Property is split into the
CC3b (Core Center 3b), CC1 (Core Center 1) and CG2 (Core Gradient 2) sub areas. The subareas
allow additional incentives for building height and other design guidelines and development
standards. See Specific Plan Land Use Plan and Intensity and Density Plan Maps Attached at Tab
A.

Proposed Tower Option 1 and 2 meet the Specific Plan Design Guidelines and Development
Standards as set forth in the applicable sections of the Special Permit. The below table summarizes
the development standards required in Section 5.2.4 Table E of the Specific Plan and how the
Proposed Tower are meeting those standards. Please note the development standards are taken for
the entire Property.

Page 9 of 20
Standard
CC3b: Biltmore Fashion
Park
Option #1 Tower
Option #2 Tower
Base
Bonus
FAR
1.0
1.38
0.65
0.71
Building Height
8(112’)
140’ or 165’
140’
165’
Additional Building
Height restrictions
Commercial and residential:
height allowed as per
Exhibit A except that
building height between
112’ and 140’ is subject to
rezoning approval 112’

Residential/hotel: as per
Exhibit A, 165’ subject to
rezoning approval. The first
56 feet of height may be
used for commercial, office
or retail activity
Rezoning approval per
Rezoning Case No.
Z-86-06 permitted
additional height to
the bonus maximum,
with a PHO required
for heights over 112’
per Stipulation No. 2.
The building height is
also in compliance
with Exhibit A which
designates the portion
of the Property at 165
feet.
Rezoning approval
per Rezoning Case
No. Z-86-06 permitted
additional height to
the bonus maximum,
with a PHO required
for heights over 112’
per Stipulation No. 2.
The building height is
also in compliance
with Exhibit A which
designates the portion
of the Property at 165
feet.
Density
96.8 du/acre
N/A
18.6 du/acre
Lot Coverage
Underlying zoning: C-2
Zoning - 50%
32.3%
29.9%
Setbacks
Underlying zoning: C-2
Zoning – Adjacent to
Streets (For Structures
exceeding two stories and
30’) – Average 30’
East (Along 26th St.) –
Minimum 28’ with an
Average of 30’

South (Along
Camelback Rd.) –
Minimum 28’ with an
Average of 30’
East (Along 26th St.) –
Minimum 28’ with an
Average of 30’

South (Along
Camelback Rd.) –
Minimum 28’ with an
Average of 30’
Step
Back
from
Single-Family
Per underlying zoning and
presumptive design
guideline B.2.2
N/A
Not located within
150 feet of a single-
family residential
district (Design
Guideline B.2.2)
N/A
Not located within
150 feet of a single-
family residential
district (Design
Guideline B.2.2)
Open Space – Total
Commercial Use: 10% of
Gross Site Area
Existing Open Space -
23.5%
Existing Open Space -
23.5%
Parking Spaces
Commercial Use: Per
Section 702
Required: 3,066
Provided: 3,287
Residential: Required:
2,796
Hotel: Required:
3,006
Provided: 3,148

Page 10 of 20
Section 5.4.4 of the Specific Plan outlines additional Design Guidelines, in addition to the
City-Wide Design Review Guidelines, per Section 507.Table A of the Phoenix Zoning Ordinance,
that must be met. The below table summarizes the Design Guidelines outlined in Section 5.4.4. of
the Specific Plan and how the proposed tower is meeting all guidelines. Please note only the Design
Guidelines applicable to the proposed tower are listed.

Design Guideline
(R)
(P)
(C)
Proposed Tower
A. Site Design/Development
A.3 Landscape Architecture
3.1.1. Materials listed on the Phoenix low-water use plant
list should be used within the right-of way. However, the
selected plant material should contribute to the Biltmore
landscape design theme.
P
The landscape design intent
is to preserve the existing
palette of material.
3.1.2. On private property, the existing "Old Phoenix" or
"Arizona Biltmore" landscape theme should be continued
and strengthened in the Core Center and Core Gradient
through use of plant materials such as:

TREES
SHRUBS
ACCENTS
jacaranda
oleanders
roses
Palms
privet
annuals
olive trees
boxwood
jasmine
eucalyptus
pyracantha
specimen
pepper
catclaw
Cacti
trees
juniper
bougainvill
ea
mesquite
palo verde

GROUNDCOVERS
turf

These and other "historic" plant materials should be used
in combination with native plants and other low-water use
landscape materials. This landscape theme features cacti
and other native plants as exotics, setting them in a
framework of plant materials historically used in the Core
area.
P
The existing palette of
materials will be used on the
project to continue the
richness that exists at
Biltmore Fashion Park.
3.4.1. An overall theme should be established for the
gateways with public input, by an artist or artist
collaboration
selected
through
the
Phoenix
Arts
Commission's public art guidelines and process. An artist
C
The goal is to maintain the
presence already established
at Biltmore Fashion Park.

Page 11 of 20
or artists should be involved in the design and construction
of all Core Gateways.
A. Core Gateways should be established within the
public right-of-way at:
1. 26th Street and Camelback Road;
2. 24th Street, south of Colter Avenue;
3. 24th Street at Highland Street;
4. Piestewa Peak Parkway and Camelback
Road (for Camelback Road traffic)
5. Piestewa Peak Parkway and Highland
B. Developers and other private sector interests should
be encouraged to contribute to the development of
the Gateways.
C
Acknowledged
C. Highest priority and symbolic importance should
be given to the Camelback Road Gateways.
C
Acknowledged
D. Gateways should indicate the boundaries of special
Core landscaping and streetscape treatment.
C
Acknowledged
3.4.2. Locate fountains and/or other water features at those
points along the pedestrian spine where the highest
concentrations of pedestrians are anticipated engage in
activities other than walking through the area
P
Acknowledged
3.4.3. Developers should consider planning for and
installing public art within their projects or the adjoining
right-of-way and provide opportunities for artist/designer
collaborations in accordance with the City's "Private
Percent for Art Guidelines."
C
Acknowledged
A.4 Open Space/Amenities
4.1
Shade and street furnishings should be provided for
the comfort and convenience of pedestrians especially
within and/or adjoining the pedestrian spine, (see Map 8 of
Specific Plan). Furnishings should include pedestrian
lighting fixtures and one or more of the following:
drinking fountains
benches
trash receptacles
information kiosks
P
Pedestrian amenities will be
provided consistent with
what is existing at the
Biltmore Fashion Park
4.2
The Location of active uses at ground level in high-
traffic pedestrian areas with particular emphasis along the
pedestrian spine should be encouraged, including one or
more of the following uses:
Retail
restaurants (food and beverage)
service (includes public, community uses)
P
Retail will be provided at the
ground level

Page 12 of 20
entertainment
outdoor room with eating options
public art with kinetic movement or descriptive
interpretation narrative
office space with visual interactive glazing
display windows or shadow boxes
4.3. Uses and activities that "spill out" into pedestrian
areas, especially those adjoining the pedestrian spine
(sidewalk cafes, etc.) should be encouraged. Open space
provided in front of a building should be an extension of
the public streetscape and act as a transition to the building.
P
Enhanced streetscape
providing outdoor seating
will be developed further.
4.4. Along the defined pedestrian spine, active, pedestrian
outdoor public spaces (a plaza, courtyard, garden, "outdoor
room," or a promenade) should be provided within private
developments and connected with pedestrian walkways.
P
Will be provided.
A.5 Trails/Pathways/Walkways
5.1. Continuous sidewalks or other pedestrian walkways
linking private developments with sidewalks along public
streets should be provided.
P
Will be provided.
5.2. A continuous walkway system shall be as shown on
Map 8, pedestrian facilities plan. The pedestrian spine
should always be continuous and provide connectivity
between pedestrian destinations, even if the alignment is
modified.
P
Will be provided.
B. Access via public streets should be provided in the
form of a continuous sidewalk connecting all
residential areas within or adjacent to the Core
Center or Gradient to Camelback Road.
P
Sidewalks and connections
are existing.
5.5. Pedestrian spine identity items and way- finding aides
shall
be provided, including decorative hardscape,
medallions, lighting standards and
luminaries
P
Will be provided.
A.6 Parking/Circulation
6.1.2. Within the Core Center, all parking for office uses
should meet the following standards.
A. If such parking exceeds 50 spaces, 80 percent of the
total number of parking spaces required for office
use must be within above grade or below grade
parking structures.
P
Will be provided.
B. This requirement can be varied by 20 percent
subject to approval of a use permit through the
Zoning Administrator.
P
Acknowledged

Page 13 of 20
C. These guidelines apply to the review of a
development plan for office uses within the Core
Center. For development plans which include more
than one phase of office construction, the
development plan should demonstrate how this
requirement will be complied with when office
development exceeds 50 spaces. If an existing
office development with 50 parking spaces or less
proposes to expand and exceed 50 spaces, then the
total existing and proposed spaces should comply
with these guidelines.
P
Will be provided.
6.3.1. Interruptions to pedestrian circulation along streets
e.g., driveways, private streets, garage entrances) should be
minimized.
A. Driveways within or near bus stop zones should be
eliminated to avoid vehicular/pedestrian conflicts
and to avoid sight distance constraints around
transit structures for vehicles exiting from
developments.
P
Will comply
B. Driveways along major streets shall be limited to
one per property per street. For properties in excess
of 660 feet of frontage along a street, driveways
shall be allowed at a minimum separation of 330
feet.
P
We are using the existing
street and driveway access
points and not creating any
new curb cuts.
6.3.2. Bicycle facilities (such as wide curb lanes, bicycle
lanes or paths consistent with AASHTO standards) should
be provided linking Core developments to adjoining
neighborhoods and to the citywide bikeway system.
C
Bicycle facilities are existing
6.4.1. Secure bicycle parking areas must be provided,
preferably in supervised enclosures or in bicycle lockers.
The provision of bicycle parking may be phased per
approval of the Traffic Management Association.
However, a minimum of 25% of the required bicycle
parking shall be provided at the time of construction.
A. Bicycle parking must be located within parking
structures or other secure covered areas for
employees and within convenient distance of
primary commercial and community facility
destinations.
C
Will be provided
B. Bicycle parking spaces must be provided at a ratio
of one space per 10,000 square feet of retail uses
and one space per 15,000 square feet of office or
other non-residential uses.
C
Will be provided

Page 14 of 20
C. Bicycle parking spaces must be either within
lockers, a secure enclosure or other facility
designed for use of high-security locks, for securing
both wheels and frame and offering support (per
Appendix J, Arizona Bicycle Facilities Planning
and Design Guidelines, 1988). A minimum space
of two feet by six feet per bicycle should be
provided.
C
Will be provided
A.8 Site Lighting
Citywide lighting standards apply to all light sources in
each phase of development.
R
In compliance, site lighting
is existing in this area
A.10 Improvement within the Public Right-of-Way
10.2. Design elements should be provided within the public
right-of-way that contributes to creating a lively and
interesting street environment. (This guideline refers to
elements that go beyond the merely functional. They can
include art, water features, AND gathering places for
people, or entertainment.)
A. Public art should be incorporated into the
streetscape as a part of the City's "Percent for the
Arts" program.
C
Will be considered.
B. A diversity of overall streetscape elements should
be provided within a consistent framework.
C
We want to be consistent
with what is existing and
already improved along this
portion of Camelback Road
at the Biltmore Fashion
Park.

Page 15 of 20
10.3. For development site frontage within the Core and
adjoining Camelback Road, 24th Street, 22nd Street, 20th
Street, 16th Street (east side), and Highland Avenue, ten-
foot (10) wide sidewalks should be provided and separated
from the roadway with a six-foot (minimum width)
landscaped area to achieve the following benefits:
Increased aesthetic quality
Increased safety
Increased incentive to walk
Decreased noise
Decreased fumes
Decreased dirt
Decreased heat
Separation of sidewalks from the roadway is required
except at bus stops and pedestrian street crossings or where
access to the curb is necessary, or on the north side of
Camelback, between 24th and 26th streets, to maintain the
established, mature olive tree theme. If a transit shelter is
provided, the distance between curb and right-of-way line
shall be increased by the width of the transit shelter if the
shelter is placed between curb and sidewalk. (See also
Design Guideline A.10.10)
P
It is our intent to maintain
the existing mature
landscape along the North
side of Camelback Road.
10.5. Transit waiting areas should be of a design, consistent
with the Core's design theme. They should be designed to
meet or exceed City standards for shelter, information,
location and convenience
C
We are intending to keep the
existing waiting area.
10.7. Views from the roadway of Piestewa Peak and
Camelback Mountain should be framed with a formal,
double row of trees, spaced approximately 25 feet on
center. The double row of street trees shall be planted along
24th Street, Camelback Road, Highland Avenue, 20th
Street and 22nd Street.
C. One theme tree shall be adopted for each of the
following streets as follows:
Camelback Road - Native Mesquite, Medjool Date
Palm and Swanhill Olive
Highland Street - Native Mesquite, and Swanhill
Olive
24th Street - Palo Brea, Swanhill Olive (adjacent to
Biltmore Fashion Park)
20th Street - Palo Brea
22nd Street - Palo Brea
P
Both Mejool Date Palm and
Swanhill Olive are existing
on Camelback Road.

Page 16 of 20
The outer (street side) row of trees will be exclusively
of the "theme" variety; and the inner row shall use the
theme tree to supplement existing trees along the
sidewalk. The intention is not to remove existing,
mature trees to create the "inner row" if such trees are
located in the way of the formal street trees but to use
the "theme" trees to finish out the row and create a
strong landscape transition.
D. A continuous streetscape theme should be
established based on the "Arizona Biltmore Hotel"
style utilizing street trees, street and pedestrian
scaled light standards, street furniture, and street
medians as primary elements. An artist or artists
shall be included in the development of this theme
and in the design and construction of appropriate
streetscape elements. This streetscape treatment
should be used on Camelback Road from 26th
Street to the Piestewa Peak Parkway, on Highland
Avenue from 24th Street to the Piestewa Peak
Parkway, on 20th Street from Highland Avenue to
the post office, on 22nd Street from Highland
Avenue to Camelback Road and on 24th Street
from Highland Avenue to the north boundary of
Biltmore Fashion Park.
P
We will enhance the new
landscape to
be based on the Arizona
Biltmore Hotel from the
back of sidewalk to the
building edge.
B. Building Design/Construction
B.1 Placement/Orientation
1.1. A strong and relatively continuous building frontage
adjacent to public streets and the pedestrian spine should
be provided. A minimum 30% of the lot frontage should
include buildings at the setback line of each lot* along the
defined pedestrian spine, with the exception of intersecting
walkways and outdoor rooms, the frontage should be
continuous along at least one side of the defined pedestrian
spine. On the Colonnade (CCI) site this is most important
along 20th Street. * "lot" means the project development
lot for zoning.
P
Will be provided.
1.2. Use streetscape elements (landscaping, art, special
paving) to provide visual interest where buildings are not
at the setback line to provide continuity.
P
Will be provided.
1.3. Development proposals should analyze and illustrate
on the shading plan the impacts of summer and winter sun
C
The project will provide
shading on the North side of

Page 17 of 20
and shade of pedestrian spaces (plazas, walkways, public
sidewalks, etc.)
and on adjoining neighborhoods.
A. Projects
should
minimize
negative
microclimatological impacts on adjacent residences
and pedestrian areas.
the project, minimizing the
southern exposure.
B.2 Height, Bulk and Area
2.1. Buildings should be designed so they do not extend
closer to the street than a line drawn at 60 degrees from the
front property line (plus or minus 5% or 3 degrees) on
Camelback Road, 24th Street, 20th Street, 22nd Street and
Highland Avenue.

P
The Proposed Tower will be
articulated and will have
step back at the second floor
with the stepback slope of
+/- 75 degrees.
B.3 Architecture
3.2. Architectural design and site planning should be
considered that incorporate a design theme that is
compatible with a strong regional, cultural and
environmental awareness.
C
The architectural expression
for this building will be a
welcome addition to the
East Camelback Core area
and will strengthen the
Biltmore Fashion Park area.
B.4 Articulation
4.1. Design elements at ground level, especially along the
pedestrian spine, should be created with sufficient variety
and detail to be of interest to pedestrians by providing three
or more of the following:
A. Architectural details and articulation
B. Visual links to open spaces within developments.
C. Ground level building facades that incorporate a
substantial portion of their frontage as transparent
elements.
D. People-active areas and uses (balconies, terraces,
patios, etc.).
E. Intersections/movement options for pedestrians
should be frequent, avoiding long, blank walls.
P
The ground plane will have
multiple retail tenant
opportunities that will
anchor the existing paseo
between LifeTime and
ground level retail to the
East.

Page 18 of 20
4.2. Highly visible and direct pedestrian access to
buildings, transit waiting areas and businesses should be
provided from the public streets, the pedestrian spine, and
internal plazas.
A. Building
entries
should
be
architecturally
prominent.
B. Ground floor retail and service businesses located
within 50 feet of a public street should have direct
access from the public street.
C. Barriers such as walls and hedges between
buildings and bus stops should be avoided.
D. Provide at least one building or site entrance per
block per public street or 300 feet whichever is less.
E. All buildings over four stories in height should be
designed with a building base that is differentiated
from the remainder of the building in order to relate
to a pedestrian scale.
F. Walls without windows or shadow boxes shall not
exceed thirty percent of the area of the first 12 feet
of the height of the building within 100 feet facing
a street or designated
G. pedestrian spine or outdoor room.

P
Will be provided.
B.7 Screening
7.1. Loading and storage areas, mechanical and electrical
equipment and refuse areas should face away from public
streets.

P
Will be provided, the
Proposed Tower is very
tight and loading areas will
be screened and
architecturally treated to
minimize its visual impact

Page 19 of 20
D. Specialized Uses
D.4. Signs
4.1.1. Quality, durable materials, compatible with site and
building design, should be incorporated in the sign design
and construction. Materials such as masonry, concrete,
stainless steel, natural rock or stone should be incorporated.
Unless compatible with the building design, visible
aluminum should be used on a minimal basis. Internally
illuminated panels are discouraged. Routed or individual
letters are preferred. There shall be consistency in the
quality and durability of materials between the panels used
on the sign.
P
All signage will be
consistent in quality and
conform to the CSP for The
Biltmore Fashion Park
4.2.1. Where a sign is blocked by an abutting building a
building identification sign shall be placed at the lowest
possible height that will provide visibility from of the
abutting arterial or collector street, while the street address
numerals, if used, may be placed no higher than the story
immediately above the building identification sign.
R
Signage will conform to the
Biltmore Fashion Park CSP.
4.2.2. Retail buildings shall have no wall signs above a
height of 56 feet.
R
Will comply
4.2.3. The maximum sign height of a ground sign in the
Core allowable after design review and/or by a
comprehensive sign plan shall be twenty (20) feet.
R
Will comply
4.2.4. Multifamily residential buildings, hotels and parking
structures shall have wall signs no higher than the tope of
the second story. Hotels may have wall signs up to a height
of 56 feet.
R
Will comply
4.2.5. Unless otherwise regulated by the fire code, office
buildings, including banks, of more than two stories shall
have wall signs no higher than the top of the second story,
except for street address numerals which
may be located on the first or second story.
R
Signage will be allowed to
be located above the second
floor consistent with the
approved Biltmore CSP.
4.2.7. No roof signs or roof-mounted signs shall be allowed
in the Core. The horizontal surface of sidewalks, pedestrian
areas, landscaped areas, private street surfaces and similar
surfaces shall not be used for
signs.
R
Will comply

Page 20 of 20
VI.
Conclusion
The Applicant plans to develop a tower on Building P under one of two options: Option 1, a
potential 140-foot tower with various commercial uses, and Option 2, a potential 165-foot tower
with a single use or mix of uses including hotel, residential and/or commercial. This PHO
Application seeks the City's review and approval for building height and modification to Stipulation
No. 2 to ensure consistency with underlying zoning stipulations, the Specific Plan, and the proposed
tower. We look forward to working with the City on the PHO application and hearing process.

TAB A

TAB B

TAB C

5.2.5 Pedestrian Spine
All development along the Pedestrian Spine shall provide a pedestrian pathway easement a minimum of 20 feet wide, of
which twelve (12) feet of the width shall always be kept completely free of any and all impediments to pedestrian travel
including poles, bollards, signs benches, tables, chairs, easels, stalls, space heaters, etc, while the remaining eight (8)
feet may be used for such pedestrian friendly uses such as restaurant seating, vendors’ stalls, artists’ displays, etc.
5.2.6 Rubber Wheel Trolley
Rubber wheeled trolleys or other means of public conveyance shall not travel upon the surface of the pedestrian spine,
although they may travel over or under it, or parallel to it.
5.2.7 Defined Terms
This section is intended to supplement and supersede standards of general applicability provided by Phoenix Zoning
Ordinance Chapter 2 (Definitions). Each of these Ordinance provisions is modified as provided below:
Open Space, Private: Outdoor space defined on an approved Final Site Plan which is not accessible to the general pub-
lic and is typically accessible only through a private residence. Private open space is typically affiliated with residential
uses only and could include exterior space defined by a patio or balcony. This type of space contributes to social activity
while providing “eyes on the street” along the pedestrian spine and outdoor rooms.
Open Space, Public: Outdoor space defined by legal description and presented as an easement granted to the City of
Phoenix as necessary to maintain pedestrian access for the general public. Public open space is affiliated with the
development and function of the Camelback East Primary Core Pedestrian Spine as defined by Map 8 (Pedestrian
Facilities Plan).
Open Space, Semi-Public: Outdoor space defined on an approved Final Site Plan which is typically accessible to the
general public but is not defined by an easement of dedication to the public. This space is managed and controlled by a
property management company or property owners association with the control of use and access being managed by the
60
24th St.
Camelback Rd.

TAB D

TAB E

TAB

ALLEY
N 24TH ST
N 23RD ST

ALLEY
N 24TH ST
N 24TH ST
N 24TH ST
N 22ND ST
N 23RD ST
N 22ND ST

Mod

TC
TC

REPORT OF PLANNING HEARING OFFICER ACTION
Byron Easton, Planner III, Hearing Officer
Teresa Garcia, Planner I, Assisting

April 17, 2024

ITEM NO: 4

DISTRICT NO. 6
SUBJECT:

Application #:
PHO-2-24--Z-86-06-6
Location:
Northeast Corner of 24th Street and Camelback Road
Zoning:
PSC (Approved C-2 HR) CEPCSP
Acreage:
27.33
Request:
1) Request to modify Stipulation 2 regarding review and
approval for a tower exceeding 112 feet and proposed
building elevations inconsistent with those dated June 23,
2006, through the Planning Hearing Officer process.
2) Technical Corrections to Stipulations 7 and 9.
Applicant:
Ed Bull, Burch & Cracchiolo P.A.
Owner:

Biltmore Shopping Center Partners
Representative:
Ed Bull, Burch & Cracchiolo P.A.

ACTIONS:

Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended approval with modifications and additional stipulations.

Village Planning Committee (VPC) Recommendation: The Camelback East
Village Planning Committee chose not to review the application.

DISCUSSION:
Ed Bull gave an overview of the proposed development. He stated the proposed
development (Building P) is approximately 800 feet away from the nearest
residential properties to the northeast and south and 1,200 feet away from the
nearest residential property to the northwest. He stated the development has
approved H-R (High-Rise) zoning and is situated in Area 3 of the Camelback
East Primary Core Specific Plan, indicating the proposed density was appropriate
for the area. He stated no development standards or design guidelines were
being modified in the application. He stated they performed the necessary
outreach, including to the members of the community who were in opposition of
the withdrawn PHO case. He stated a website and flyer were created to help
notify the neighbors of the case. He stated the residents beyond 600 feet from
the perimeter of Biltmore Fashion Park were notified, exceeding the required
notification buffer.

Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24
Z-86-06-6
Page 2

Rana Lashgari, executive director for the Arizona Biltmore Neighborhood
Association, stated she submitted a letter on behalf of the association asking for
a continuance until a neighborhood meeting can be held. She stated that they did
not find out about this case through neighborhood outreach and some neighbors
were concerned about the request with the limited information they received. She
stated neighbors were concerned about the design and traffic impact the
development will create. She asked if a site evaluation has occurred or if the
proposed site plan and elevations will change at final site plan approval, as there
are concerns about the building height. She asked what future public
engagement will look like if the project looks different than what is proposed now.
She stated she understands neighborhood meetings are not a requirement for
the PHO hearing process, but previous projects have had several meetings prior
to council approval and a neighborhood meeting will provide neighbors a chance
to voice their concerns and questions.

Mr. Bull stated Ms. Lashgari contacted him earlier in the week and regarding the
meeting the following week. He reiterated they exceeded the notification
requirements for the PHO but were happy to host a neighborhood meeting to
proposed site plan would be based on design guidelines and different
development standards. He believes a preliminary site plan review occurred last
fall but was not part of the team who attended the meeting. He stated the Streets
Department wants to see a traffic impact analysis of the intersection and they
have no issue with submitting one.

Robert Marino, representative of Esplanade Owner LLC, stated they welcome
the additional investment and development. He stated responsible development
when executed thoughtfully within the context of the community can benefit all
parties. He stated historically it is a sensitive area and a successful citizens
referendum resulted in the revocation of the City Council Ordinance permitting
additional height in the area. He stated they submitted a similar correspondence
letter back in February for the first PHO application for this case. He stated the
concerns in the letter have not been addresses and have increased since the
2nd PHO application was submitted to the city. He stated the applicant contacted
them less than a week before the April 17th hearing and they requested the
applicant to continue the application to allow more time for neighborhood
meetings and transparency. He requested that the applicant provide additional
information regarding the proposed parking as it involves eliminating numerous
parking spaces. He asked Mr. Easton to send this application to the Camelback
East Village Planning Committee for review.

Mr. Easton stated the case was sent to the Camelback East Village Planning
Committee and they chose not to hear the case.

Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24
Z-86-06-6
Page 3
Mr. Bull stated they provided notice to Esplanade Owner LLC on April 2nd, which
was part of the notification requirement for the PHO application. He stated during
his conversation with Mr. Marino and his team, he would answer questions he
knew the answer to and those he did not, he would get back to them after
reviewing with his clients. He stated they are willing to abide by comments and
stipulations given by the city to move forward with the development. He stated he
surface parking, but they are not
going to deviate from Section 702 of the Zoning Ordinance. He stated the
Camelback East Primary Core Specific Plan encourages the reduction of asphalt
surface parking lots and they intend on having underground parking under
proposed Building P.

Joseph Long, a representative of the Camby Hotel, requested a traffic impact
asked if the Camelback East
Village Planning Committee can be contacted again so this case can be
presented.

Mr. Easton stated the original request language was to remove the final sentence
from Stipulation 2 regarding the building elevations. He stated Mr. Bull would like
to add Stipulation 3 clarifying the different development options. He stated there
was good communication made between the applicant and neighborhood. He
stated his review is to ensure the stipulation modifications are appropriate and if
the development fits in with what is already entitled on the site. He reiterated the
applicant did their required outreach and a neighborhood meeting is not required.
He stated the entitlements are in place and the Camelback East Primary Core
Specific Plan is being honored. He recommended approval with modifications to
Stipulation 2, regarding review and approval for a tower exceeding 112 feet and
proposed building elevations dated June 23, 2006. He recommended approval
with a modification to the new Stipulation 3.

FINDINGS:

1) The request for modification of Stipulation 2 is recommended to be
approved with a modification. Staff is recommending the modification of
Stipulation 2 to delete the requirement for general conformance to the
elevations dated June 23, 2006 and create new stipulations to allow for
the possible development of one of two different options with permitted
building heights depending on the specific use or mix of uses.

The new stipulation (Stipulation 3) allows the submitted site plans to be
applicable only to the proposed tower on Building P for the two building
heights for either the 140 feet for an office and/or mixed-use commercial
tower (Option 1) or 165 feet for a single use or mixed-use tower including
residential, hotel, and/or commercial uses (Option 2). Future
developments separate from the Building P tower will be able to submit

Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24
Z-86-06-6
Page 4
separate site plans specific to those projects, independent of the plans for
Building P.

Staff is also recommending approval for the removal of the June 23, 2006
elevations requirement, as these elevations are outdated and are only
applicable to the first phase of development, already completed on the
site. Elevations and design review will continue to be reviewed and
commented on by the Camelback East Architectural Review Committee
for each proposed development. Lastly, the proposed tower complies with
the Building Height Exhibit B of the Camelback East Primary Core
Specific Plan, dated August 24, 2006, which designates the area with a
maximum building height of 165 feet.

2) Stipulation 4 has been added as a new stipulation at the request of the
Streets Transportation Department. The stipulation requires a Traffic
Impact Study that will evaluate the magnitude of traffic impact the addition
of Building P has on the adjacent intersection and existing infrastructure.
The study will help determine if additional infrastructure is needed to
ensure the traffic in the area continues to operate safely and efficiently
with the new addition.

3) The Public Transit Department recommends an additional stipulation
requiring the developer to retain the existing bus stop pad and transit
shelter adjacent to the site. This additional Stipulation has been added as
new Stipulation 5.

4) The applicant did not submit a Proposition 207 waiver of claims prior to
the Planning Hearing Officer hearing. Submittal of this form is an
application requirement. An additional stipulation is recommended to
require the applicant to record this form and deliver it to the City to be
included in the rezoning application file for record (Stipulation 11).

STIPULATIONS:

1.
That The development of the two Phase 1 towers with residential or hotel
uses up to 165 feet shall be in general conformance with the conceptual
site plan and elevations dated June 23, 2006.

2.
That The location of future towers beyond Phase 1 shall conform to the
Biltmore Fashion Park Building Height Exhibit B, dated August 24, 2006,
as set forth in the Camelback East Primary Core Specific Plan, the
stipulations of this rezoning case, and the applicable Specific Plan Design
Guidelines. For towers seeking bonus building heights above 112 feet,
compliance with Specific Plan criteria to achieve such bonus building
heights shall be reviewed and approved through the City's Planning
Hearing Officer hearing process. Should the building elevations for these

Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24
Z-86-06-6
Page 5
future buildings not be generally consistent with the elevations dated June
23, 2006, the applicant shall also be required to process a modification to
this stipulation to approve the new building elevations through the City's
Planning Hearing Officer hearing process.

BUILDING HEIGHTS/DENSITY

3.
BUILDIING P LOCATED AT THE SOUTHEAST CORNER OF THE SITE
SHALL BE DEVELOPED WITH ANY SINGLE USE OR MIX OF USES,
INCLUDING BUT NOT LIMITED TO HOTEL, RESIDENTIAL, OFFICE
AND/OR RETAIL/COMMERCIAL USES AS PERMITTED IN SECTION
623 OF THE ZONING ORDINANCE AND THE CAMELBACK EAST
PRIMARY CORE SPECIFIC PLAN.

a. A DEVELOPMENT CONSISTING OF OFFICE AND/OR OTHER
COMMERCIAL USES SHALL BE IN GENERAL CONFORMANCE
WITH THE OPTION 1 OFFICE SITE PLAN DATE STAMPED
DECEMBER 1, 2023 WITH SPECIFIC REGARD TO THE FOLLOWING

i.
BUILDING HEIGHT SHALL BE A MAXIMUM OF 140 FEET, AS
APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

i.
BUILDING HEIGHT SHALL BE A MAXIMUM OF 165 FEET, AS
APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

ii.
THE CONFIGUATION, SIZE, AND LOCATION OF THE
BUILDING FOOTPRINT FOR A DEVELOPMENT INCLUSIVE OF
A RESIDENTIAL OR HOTEL USE MAY BE ALTERED TO
ACCOMMODATE FOR VARIED FORMS AND LOCATIONS OF
PORTES-COCHERES, AS APPROVED OR MODIFIED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

4.
A TRAFFIC IMPACT STUDY (TIS) SHALL BE SUBMITTED TO THE CITY
FOR BUILDING P. NO PRELIMINARY APPROVAL OF PLANS SHALL BE
GRANTED UNTIL THE STUDY IS REVIEWED AND APPROVED BY THE
STREET TRANSPORTATION DEPARTMENT. THE TIS SHALL INCLUDE
AN OPERATIONS ANALYSIS FOR THE 26TH STREET AND

Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24
Z-86-06-6
Page 6
CAMELBACK ROAD INTERSECTION. THE DEVELOPER SHALL BE
RESPONSIBLE FOR FUNDING AND CONSTRUCTION OF ALL
RECOMMENDATIONS OF THE APPROVED STUDY.

5.
THE DEVELOPER SHALL RETAIN THE EXISTING BUS PAD AND
TRANSIT SHELTER ON WESTBOUND CAMELBACK ROAD ON THE
WEST SIDE OF 26TH STREET.

3.
6.
That Building heights shall be developed according to Exhibit 8 (mediated
agreement) and that bonus building height of 165 feet shall be permitted
only for hotel and residential uses with retail uses (including service retail)
required in the first at grade level of such buildings located on the
pedestrian spine.

4.
7.

That Buildings achieving a bonus height of 165 feet shall have a maximum
of 56 feet (measured from finished grade) which shall be utilized for
commercial, office or retail.

5.
8.

That The density on the C-2 HR portion of the site shall be limited to 96 8
dwelling units per acre.

STREETSCAPE AND PEDESTRIAN SPINEICORE IDENTITY PLAN

6.
9.

That The applicant shall participate in the development of designs for
signage, light fixtures, walkway surface patterns and other street furniture
elements for the pedestrian spine and architectural and engineering
drawings for theming, landscaping and other related improvements for the
Camelback Road streetscape through the Camelback East Primary Core
Specific Plan area.

7.
10
.
That The property shall include an outdoor pedestrian component which will
represent the northern terminus of the Pedestrian Spine per the Camelback
East Primary Core Specific Plan and that, as part of this component, and as
approved by the PLANNING AND Development Services Department.

a. The developer shall install a pedestrian walkway from the pedestrian
underpass on Camelback Road to the retail/residential structure.

b. That A way finding theme shall be established for the development to
identify the pedestrian spine within the project. The theme may be
incorporated into elements such as: the pavement on which the
pedestrian spine is routed; into the seating and lighting bollards or other
pedestrian lighting, along the spine; as well as into directional signage.
The "way finding devices/mechanisms shall in some manner

Planning Hearing Officer Summary of April 17, 2024
Application PHO-2-24
Z-86-06-6
Page 7

Upon request, this publication will be made available within a reasonable length
of time through appropriate auxiliary aids or services to accommodate an
individual with a disability. This publication may be made available through the
following auxiliary aids or services: large print, Braille, audiotape or computer
diskette. To request a reasonable accommodation, please contact Teleia Galaviz
at teleia.galaviz@phoenix.gov or (602) 291-2559 or TTY: 7-1-1.
inform/direct those who enter the site that they can maneuver around the
site and they can travel through the site to destinations off-site. The
applicant shall present the theme concept to the Camelback East Village
Planning Committee Camelback Corridor Subcommittee for review and
comment prior to preliminary site plan approval, as approved by the
PLANNING AND Development Services Department.

8.
11
.
That Bicycle racks shall be provided on site and located in a covered and
secure area.

9.
12
.

That The developer, shall together with other developers and commercial
property owners in the immediate area, contribute on a fair and equitable
basis to the financing of a rubber wheeled trolley system on the loop road
as approved by the Planning AND DEVELOPMENT Department.

10
.
13
.
That All improvements shall comply with ADA accessibility standards.

14
.
PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A
FORM APPROVED BY THE CITY ATTORNEY'S OFFICE. 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.

PHO-2-24--Z-86-06-6
Stipulated Site Plan (Per Stipulation 1 - provided for context)
Hearing Date: April 17, 2024

PHO-2-24--Z-86-06-6
Stipulated Elevations (Per Stipulation 2)
Hearing Date: April 17, 2024

RE: Biltmore Fashion Park PHO-1-24--Z-86-06-6

2501 E. Camelback Rd.
Suite 107
Phoenix, AZ 85016
April 15th, 2024
City of Phoenix
Planning & Development Department –
200 W. Washington Street, 2nd Floor
Phoenix, Arizona 85003
RE:
PHO-2-24--Z-86-06-6
To Whom It May Concern:
th
proponents of development and investment in this area, a fact supported by the $45 m
l investment and development in the core and
be a
We
c
guide
Enclosed
16th, 2024.
These concerns have not been addressed and have only increased
proposal before the
P
only contacted by the applicant less than
th Hearing. During this
discussion
applicant ask
to this
to
s
,
businesses, and others,
express their
concerns.

has not been granted.
several sim
before reaching this stage.
if the applicant provided more transparency and
community engagement in this process given the impact of the proposal to the neighborhood.
the
stakeholders and neighbors.
may set a dangerous precedent for this process and this property.
To that end,
ed
to
at the
th Street and East Camelback Road, as
and businesses alike.
of
either
or
. W
Agreement
and may in essence be providing the applicant a rezoning of the site, as opposed to the opportunity to
gain
criteria outlined
The
approach seems both atypical and not in line
2006 Agreement.
appreciate your
of
Hearing
scope and scale deserves;
is in
Agreement,
Planning Co
Sincerely,
Robert Marino
Esplanade

2501 E. Camelback Rd.
Suite 107
Phoenix, AZ 85016
February 16, 2024

City of Phoenix
Planning & Development Department –
200 W. Washington Street, 2nd Floor
Phoenix, Arizona 85003
RE:
PHO-1-24--Z-86-06-6
To Whom It May Concern:
th
pr

only –
(mediated agreement) and that bonus buildin
buildings
port the retail environment.

spaces
that deserves greater community input and study. Steven
Sincerely,
Robert Marino

1
Teresa R Garcia
From:
Andrew Call <andrewscall@outlook.com>
Sent:
Tuesday, June 4, 2024 8:40 AM
To:
PDD PHO
Subject:
PHO-2-24--Z-86-06-6 Camelback Biltmore
CAUTION: This email originated outside of the City of Phoenix.
Do not click links or open attachments unless you know the sender and were expecting this
email.
Report Suspicious
I work at 24th & Camelback and live around 20th and Missouri. I support the building of the 165' tower.
Although it will increase traffic, this area is a great place to continue to develop and provide vertical options
for housing and other uses for the area.
Please add me to the notification list as this project progresses.
Andy Call
623 523 3943