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Meeting City Council Formal Meeting-10/6/2021 complete

2021-10-06 · Formal

Items: 115

City Council Formal Meeting

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Item text
Summary
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to City Boards and Commissions.

Responsible Department
This item is submitted by the Mayor's Office.




Page 13
ATTACHMENT A




To: City Council Date: October 6, 2021
From: Mayor Kate Gallego

Subject: BOARDS AND COMMISSIONS – APPOINTEES

The purpose of this memo is to provide recommendations for appointments to the
following Boards and Commissions:

Community Development Review Committee

I recommend the following for reappointment:

Elda Alvidrez
Ms. Alvidrez will serve her fourth term to expire June 30, 2023.

Joe Keeper
Mr. Keeper will serve his sixth term to expire June 30, 2023.

Kelly Paisley
Ms. Paisley will serve her second term to expire June 30, 2023.

Jacqueline Sandoval
Ms. Sandoval will serve her second term to expire June 30, 2023.

Jeff Stephens
Mr. Stephens will serve his fourth term to expire June 30, 2023.

Fast Track Cities Ad Hoc Committee

I recommend the following for appointment:

Jessyca Leach
Ms. Leach is the Chief Financial Officer and Interim Executive Director at the Southwest
Center for HIV/AIDS and a resident of District 7.




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Jimmy Thomason
Mr. Thomason is the Executive Director of Aunt Rita’s Foundation and a resident of
District 4.

Military Veterans Commission

I recommend the following individual as Chair:

Timothy Bourcet
Mr. Bourcet is a veteran of the United States Air Force and the Vice President of
Government and Community Affairs at the Greater Phoenix Economic Council. He will
serve as Chair for a term to expire October 6, 2023.

North Mountain Village Planning Committee

Councilwoman Ann O’Brien recommends the following for appointment:

Bill Adams
Mr. Adams is the owner of Ryan Austin & Associates, LLC and a resident of District 1.
He replaces Larry Herrera for a partial term to expire November 19, 2021.

Phoenix Arts and Culture Commission

I and Councilwoman Ann O’Brien recommend the following for appointment:

Anna Backstrom
Ms. Backstrom is a Curriculum, Instruction, and Assessment Specialist for Fine Arts and
Health at the Deer Valley Unified School District and a resident of District 1. She fills a
vacancy for a term to expire September 30, 2024.

Phoenix Sister Cities Commission

I recommend the following for appointment:

Louie Lujan
Mr. Lujan is the Director of Government Relations at CIMA Law Group and a resident of
District 3. He fills a vacancy for a term to expire September 30, 2024.




Page 15



Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Bonitas

Request for a liquor license. Arizona State License Application 158205.

Summary

Applicant
Itzel Rochin-Valle, Agent

License Type
Series 12 - Restaurant

Location
4920 W. Thunderbird Road, Ste. 100
Zoning Classification: C-2
Council District: 1

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is Oct. 17, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 16


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We are a small family owned Restaurant with +20 years of experience where Liquor
has always been controlled in our previous restaurants. Our Bonitas Restaurant is a
Breakfast/Lunch Restaurant and Liquor is only about 5% of Monthly sales.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Our loyal customers have been reaching to us on the perfference of keeping and
continueing with their favorite Micheladas.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Bonitas
Liquor License Map - Bonitas

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 17
Liquor License Data: BONITAS
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 0

Liquor Store 9 3 2

Restaurant 12 4 3


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 19.02 23.35

Violent Crimes 8.73 3.05 5.09
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 19

Total Violations 89 24


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1042173 1381 51 % 18 % 8%

1042181 1368 85 % 8% 6%

1042182 926 72 % 3% 3%

1042183 1664 19 % 4% 20 %

1042191 1602 85 % 0% 13 %

1042241 813 22 % 15 % 15 %

1042242 1937 95 % 14 % 2%

Average 61 % 13 % 19 %




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Liquor License Map: BONITAS
4920 W THUNDERBIRD RD




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Date: 8/23/2021
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Salt Tacos Y Tequila

Request for a liquor license. Arizona State License Application 06070482.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 6 - Bar

Location
2450 W. Happy Valley Road, Ste. 1143
Zoning Classification: C-2 M-R PCD
Council District: 1

This request is for an ownership and location transfer of a liquor license for a bar. This
location was not previously licensed for liquor sales and does not have an interim
permit. This business has plans to open in November 2021.

The 60-day limit for processing this application is Oct. 17, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


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State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Whiskey Rose Saloon (Series 6)
6751 N. Sunset Blvd., #E110, Glendale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Salt Tacos Y Tequila (Series 6)
6751 N. Sunset Blvd., #E109, Glendale
Calls for police service: N/A - not in Phoenix
Liquor license violations: In March 2019, a fine of $9,000 was paid for employee
consuming on duty, sales of liquor between 2 a.m. and 6 a.m. (2 a.m. and 10 a.m.
Sundays) and possession/consumption of alcohol after 2:30 a.m.

Cabin (Series 6)
9868 W. Northern Ave, Peoria
Calls for police service: N/A - not in Phoenix
Liquor license violations: In February 2018, a fine of $1,500 was paid for allowing a
disorderly person(s) to remain on the premises.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We train all of our employees in responsible liquor service. We also conduct regular
audits to ensure they comply.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We would like the ability to allow our 21 and over guests to enjoy an adult beverage.
Salt Tacos Y Tequila staff has the knowledge, dedication, and leadership required to
effectively create the best quality alcoholic beverages and food available.”



Page 21

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Salt Tacos Y Tequila
Liquor License Map - Salt Tacos Y Tequila

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




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Liquor License Data: SALT TACOS Y TEQUILA
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 0

Beer and Wine Bar 7 2 1

Liquor Store 9 3 2

Beer and Wine Store 10 4 3

Hotel 11 2 0

Restaurant 12 16 15


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 39.80 124.94

Violent Crimes 8.73 2.01 5.62

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 1

Total Violations 89 1


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6119001 1639 93 % 5% 0%

6123001 2199 54 % 6% 5%

Average 61 % 13 % 19 %




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Liquor License Map: SALT TACOS Y TEQUILA
2450 W HAPPY VALLEY RD




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Date: 8/23/2021
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - California Pizza Kitchen

Request for a liquor license. Arizona State License Application 12075025.

Summary

Applicant
Amy Nations, Agent

License Type
Series 12 - Restaurant

Location
21001 N. Tatum Blvd., Ste. 40-1370
Zoning Classification: C-2
Council District: 2

This request is for an acquisition of control of an existing liquor license for a restaurant.
This location is currently licensed for liquor sales.

The 60-day limit for processing this application is Oct. 12, 2021.

Pursuant to A.R.S. 4-203, consideration may be given only to the applicant's personal
qualifications and not the location.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

California Pizza Kitchen (Series 12)
2502 E. Camelback Road, #112, Phoenix
Calls for police service: 106


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Liquor license violations: None

California Pizza Kitchen (Series 12)
2000 E. Rio Salado Parkway, #E1, Tempe
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

California Pizza Kitchen (Series 12)
10100 N. Scottsdale Road, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“California Pizza Kitchen owns and operates over 150 locations across the country and
has been in business for 36 years.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - S. Maranto's

Request for a liquor license. Arizona State License Application 157535.

Summary

Applicant
Michael Miller, Agent

License Type
Series 12 - Restaurant

Location
7000 E. Mayo Blvd., Ste. 1002
Zoning Classification: PUD PCD
Council District: 2

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit. This
business is currently being remodeled with plans to open in November 2021.

The 60-day limit for processing this application is Oct. 9, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Page 27




Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“15 + years of Food & Beverage management experience. Bachelors Degree,
Management, University of Arizona. Thorough knowledge, training, delivery of liquor
laws. Will require all associates to obtain a Arizona Basic Title 4 certificate. Passion for
Safety and Training.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Increase cities gastronomical offerings for residents. Increase food conscious tourism.
Create sustainable Jobs & Job Growth. Provide more offerings for dinging and catering
to North Phoenix's growing commercial base. We will be an ambassador for the City of
Phoenix.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - S. Maranto's
Liquor License Map - S. Maranto's

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 28
Liquor License Data: S. MARANTO'S
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 3

Liquor Store 9 1 1

Restaurant 12 14 13


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 13.19 22.71

Violent Crimes 8.73 1.24 1.48
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 0

Total Violations 90


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

2168442 1681 50 % 43 % 4%

2168452 694 23 % 38 % 8%

6152001 1993 8% 29 % 12 %

Average 61 % 13 % 19 %




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Liquor License Map: S. MARANTO'S
7000 E MAYO BLVD




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Date: 8/11/2021
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - 1 Stop Market

Request for a liquor license. Arizona State License Application 157631.

Summary

Applicant
Abid Albueissa, Agent

License Type
Series 10 - Beer and Wine Store

Location
610 W. Dunlap Ave.
Zoning Classification: C-1
Council District: 3

This request is for a new liquor license for a beer and wine store. This location was
previously licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is Oct. 10, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 31


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I hold a certificate for The Basic Liquor Law Training. This training provided me the
opportunity of learning the importance and significance of obtaining a beer and wine
license. I am assured to uphold the laws and regulations about beer and wine license.
I have never been involved in any criminal activity, no record of getting in trouble with
law and authorities.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This store will provide a safe and secure place for the neighborhood to buy beer and
wine. The location will be convenient for the people in neighborhood who may not
have access to transportation. Adding the long time experience of the owner with
running a store while upholding all the laws and regulations, the store will be a safe,
secure and convenience place for the customers to purchase quality liquor.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - 1 Stop Market
Liquor License Map - 1 Stop Market

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 32
Liquor License Data: 1 STOP MARKET
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Beer and Wine Bar 7 1 0

Liquor Store 9 5 1

Beer and Wine Store 10 8 7

Restaurant 12 10 5

Club 14 1 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 81.71 69.53

Violent Crimes 8.73 20.43 17.19

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 87

Total Violations 89 146




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Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1045011 795 78 % 7% 18 %

1045013 1204 7% 29 % 48 %

1045021 2058 40 % 14 % 50 %

1046001 1767 43 % 21 % 27 %

1046002 1676 20 % 20 % 39 %

1046003 1165 68 % 20 % 35 %

1053002 1704 34 % 25 % 42 %

1053003 1205 96 % 9% 0%

1054001 1427 100 % 3% 4%

1054002 981 85 % 7% 5%

Average 61 % 13 % 19 %




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Liquor License Map: 1 STOP MARKET
610 W DUNLAP AVE




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Date: 8/16/2021
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Bob's Market

Request for a liquor license. Arizona State License Application 158585.

Summary

Applicant
Odette Isaac, Agent

License Type
Series 10 - Beer and Wine Store

Location
12312 N. 32nd St.
Zoning Classification: C-2
Council District: 3

This request is for a new liquor license for a beer and wine store. This location is
currently licensed for liquor sales with a Series 9 - Liquor Store, liquor license.

The 60-day limit for processing this application is Oct. 23, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 36

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Bob's Market (Series 9)
12312 N. 32nd St., Phoenix
Calls for police service: None
Liquor license violations: None

Gas & Food Mart (Series 10)
1902 W. Cactus Road, Phoenix
Calls for police service: 2
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have been in the convenience store business for the past 20 years, which included
the sale of alcohol.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“it will permit the continuation of packaged alcohol sales to its customers who desire to
purchase such products. This store has held a license to sell alcohol for a number of
years.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Bob's Market
Liquor License Map - Bob's Market

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.

Page 37
Liquor License Data: BOB'S MARKET
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 4 4

Beer and Wine Bar 7 1 0

Liquor Store 9 2 1

Beer and Wine Store 10 4 3

Restaurant 12 3 1

Club 14 1 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 33.65 34.39

Violent Crimes 8.73 4.11 5.20

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 70

Total Violations 92 104




Page 38
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1034001 1544 82 % 0% 6%

1035021 1498 61 % 5% 10 %

1035023 1511 71 % 2% 17 %

1035025 1744 70 % 0% 4%

1048021 941 84 % 0% 4%

1048022 1874 40 % 0% 8%

1049003 2131 84 % 6% 2%

Average 61 % 13 % 19 %




Page 39
Liquor License Map: BOB'S MARKET
12312 N 32ND ST




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Date: 9/24/2021
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Gas & Food Mart

Request for a liquor license. Arizona State License Application 09070524.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 9 - Liquor Store

Location
1902 W. Cactus Road
Zoning Classification: C-2
Council District: 3

This request is for an ownership and location transfer of a liquor license for a liquor
store. This location is currently licensed for liquor sales with a Series 10 - Beer and
Wine Store, liquor license.

The 60-day limit for processing this application is Oct. 22, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 41

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Bob's Market (Series 9)
12312 N. 32nd St., Phoenix
Calls for police service: None
Liquor license violations: None

Gas & Food Mart (Series 10)
1902 W. Cactus Road, Phoenix
Calls for police service: 1
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We will abide by Arizona Title 4 liquor laws. We will ensure our employees have
attended the proper liquor training provided by ALIC.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The location has operated with a Series 10 for several years. We would like to provide
a full service liquor store to the area.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Gas & Food Mart
Liquor License Map - Gas & Food Mart



Page 42

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 43
Liquor License Data: GAS & FOOD MART
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 2

Liquor Store 9 5 2

Beer and Wine Store 10 3 1

Restaurant 12 1 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 69.58 91.93

Violent Crimes 8.73 13.90 22.08

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 89

Total Violations 90 147




Page 44
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1036141 2505 91 % 10 % 4%

1036151 906 52 % 16 % 12 %

1036152 1546 25 % 22 % 32 %

1039001 1271 83 % 16 % 20 %

1039002 1483 36 % 13 % 10 %

1039003 1903 43 % 0% 22 %

1044011 2363 68 % 12 % 12 %

1044013 684 2% 17 % 22 %

Average 61 % 13 % 19 %




Page 45
Liquor License Map: GAS & FOOD MART
1902 W CACTUS RD




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Date: 8/25/2021
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City Clerk Department
Page 46



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Native Grill & Wings

Request for a liquor license. Arizona State License Application 155792.

Summary

Applicant
Onkar Singh, Agent

License Type
Series 12 - Restaurant

Location
10004 N. 26th Drive
Zoning Classification: A-1
Council District: 3

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is Oct. 8, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 47


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am working owner operator at this sports bar.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are family run business and operated.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Native Grill & Wings
Liquor License Map - Native Grill & Wings

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 48
Liquor License Data: NATIVE GRILL & WINGS
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 0

Government 5 1 1

Bar 6 5 2

Beer and Wine Bar 7 1 1

Liquor Store 9 4 0

Beer and Wine Store 10 4 1

Hotel 11 3 2

Restaurant 12 25 7


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 192.14 248.93

Violent Crimes 8.73 29.32 29.19

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 12

Total Violations 89 22




Page 49
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1042054 1577 5% 21 % 30 %

1043021 1469 9% 28 % 7%

1044012 1594 19 % 9% 38 %

1044021 2555 24 % 18 % 15 %

Average 61 % 13 % 19 %




Page 50
Liquor License Map: NATIVE GRILL & WINGS
10004 N 26TH DR




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Date: 8/10/2021
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City Clerk Department
Page 51



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Special Event - Orgazac Inc

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Jesus Barraza Rodriguez

Location
4231 W. Thomas Road
Council District: 4

Function
Dance

Date(s) - Time(s) / Expected Attendance
Nov. 25, 2021 - 8 p.m. to 2 a.m. / 300 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 52



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Special Event - Phoenix Pride Incorporated

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Ryan Starzyk

Location
300 E. Indian School Road
Council District: 4

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 6, 2021 - 11:30 a.m. to 9 p.m. / 15,000 attendees
Nov. 7, 2021 - 11:30 a.m. to 9 p.m. / 10,000 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 53



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Authentic EthioAfrican

Request for a liquor license. Arizona State License Application 155695.

Summary

Applicant
Anduale Hassan, Agent

License Type
Series 12 - Restaurant

Location
1740 E. McDowell Road
Zoning Classification: C-2
Council District: 4

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application was Sept. 21, 2021. However, the
applicant submitted a written request for more time.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Page 54




Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I believe my work experience & educational background for the last 21 years in the
food service capable to hold liquor license. LSG Sky events (1998-2006) bill clerk,
dispatcher, inflight services auditor. HMS Host (2006-2013) productions manager
responsible for over 20 restaurants national & local brands in Phoenix Sky Harbor
airport operation. Education Bachelor of Applied Sciences/Individualized conversation
in Global business 2005. Associates Degree food service administration Phoenix
College 2003 small business owner 2012 - present.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Help suppor the best of our ability to regulate the sale, supply promotion and
consumption of misuse of liquor for the best interests of community according to the
current law exists.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Authentic EthioAfrican
Liquor License Map - Authentic EthioAfrican

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 55
Liquor License Data: AUTHENTIC ETHIOAFRICAN
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 5 4

Beer and Wine Bar 7 1 0

Liquor Store 9 7 2

Beer and Wine Store 10 14 3

Restaurant 12 14 7

Craft Distiller 18 1 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.14 109.04 108.28

Violent Crimes 8.58 30.67 20.91

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 113

Total Violations 89 182




Page 56
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1116012 1200 65 % 11 % 40 %

1116022 2607 54 % 9% 61 %

1116023 1963 21 % 19 % 82 %

1117002 1243 39 % 12 % 28 %

1132031 1473 30 % 20 % 57 %

1132032 638 28 % 7% 70 %

1133001 2490 40 % 12 % 49 %

Average 61 % 13 % 19 %




Page 57
Liquor License Map: AUTHENTIC ETHIOAFRICAN
1740 E MCDOWELL RD




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Date: 7/26/2021
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
Page 58



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Hidden Track Cafe

Request for a liquor license. Arizona State License Application 157904.

Summary

Applicant
Danielle Middlebrook, Agent

License Type
Series 12 - Restaurant

Location
4700 N. 12th St., Ste. 118
Zoning Classification: C-2
Council District: 4

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is Oct. 13, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 59

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Hidden Track Bottle Shop (Series 10)
5070 N. Central Ave., Phoenix
Calls for police service: 1
Liquor license violations: None

Hidden Track Cafe (Series 12)
111 W. Monroe St., #121 Phoenix
Calls for police service: 37
Liquor license violations: None

Hidden Track Bottle Shop (Series 10)
111 W. Monroe St., #120 Phoenix
Calls for police service: 37
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am a current liquor license holder (Series 10 & Series 12) in good standing with zero
infractions. I am well versed on AZ liquor laws, including the requirements of a Series
12.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“A Series 12 license will allow Hidden Track Cafe to share globally sourced wine and
beer along with our global selections of food.”

Staff Recommendation
Staff recommends approval of this application.




Page 60

Attachments
Liquor License Data - Hidden Track Cafe
Liquor License Map - Hidden Track Cafe

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 61
Liquor License Data: HIDDEN TRACK CAFE
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 2 0

Wholesaler 4 2 0

Bar 6 10 2

Beer and Wine Bar 7 9 1

Liquor Store 9 10 1

Beer and Wine Store 10 11 1

Restaurant 12 40 5


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 149.86 128.13

Violent Crimes 8.73 23.08 21.65

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 147

Total Violations 90 284




Page 62
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1076013 1748 38 % 8% 17 %

1076022 1734 54 % 18 % 3%

1086011 1374 18 % 29 % 41 %

1086012 1402 58 % 36 % 46 %

1086021 790 37 % 38 % 22 %

1086022 1187 11 % 25 % 52 %

1086023 650 23 % 34 % 15 %

1086024 1171 24 % 9% 12 %

1088022 435 43 % 41 % 19 %

Average 61 % 13 % 19 %




Page 63
Liquor License Map: HIDDEN TRACK CAFE
4700 N 12TH ST




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Date: 8/18/2021
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City Clerk Department
Page 64



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - La Santisima Gourmet Taco Shop

Request for a liquor license. Arizona State License Application 157489.

Summary

Applicant
Cristina Meillon, Agent

License Type
Series 12 - Restaurant

Location
4117 N. 16th St.
Zoning Classification: C-2
Council District: 4

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit. This location requires a
Use Permit to allow outdoor dining and outdoor alcohol consumption as an accessory
to a restaurant.

The 60-day limit for processing this application is Oct. 8, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.




Page 65

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

La Santisima Gourmet Taco Shop (Series 12)
1919 N. 16th St., Phoenix
Calls for police service: 5
Liquor license violations: None

La Santisima Gourmet Taco Shop (Series 12)
5932 W. Glendale Ave., Glendale
Calls for police service: N/A - not in Phoenix
Liquor license violations: In July 2021, a fine of $250 was paid for allowing alcohol to
be removed from premises and retailer failed to display license.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We are a family business we have experience in restaurants bar, also in other
business fields imports, interior design and most important we are a honest and hard
working family. We like to do family concepts for our comunity.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The whole purpose of our concept is to bring the community together to celebrate the
beauty of culture, tradition art, and family by utilizing quality sustenance as the unifying
vessel. We believe in creating a space that allows for an open door to all members of
the community by advocating for quality ingredients and experiences at a reasonable
cost. For these reasons, La Santisima Gourmet would be an excellent addition to the
Phoenix community.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any

Page 66

pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - La Santisima Gourmet Taco Shop
Liquor License Map - La Santisima Gourmet Taco Shop

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 67
Liquor License Data: LA SANTISIMA GOURMET TACO
SHOP
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Wholesaler 4 2 0

Bar 6 10 1

Beer and Wine Bar 7 2 0

Liquor Store 9 5 0

Beer and Wine Store 10 12 2

Restaurant 12 13 3


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 133.04 104.24

Violent Crimes 8.73 20.83 22.50

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 82

Total Violations 90 150




Page 68
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1085011 1023 33 % 6% 13 %

1085012 1416 74 % 21 % 4%

1085021 743 50 % 29 % 20 %

1086012 1402 58 % 36 % 46 %

1086022 1187 11 % 25 % 52 %

1106002 1339 64 % 17 % 24 %

1107011 887 13 % 17 % 33 %

1107021 1972 58 % 0% 30 %

Average 61 % 13 % 19 %




Page 69
Liquor License Map: LA SANTISIMA GOURMET TACO SHOP
4117 N 16TH ST




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Date: 8/11/2021
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - West Highland Ave LH LLC

Request for a liquor license. Arizona State License Application 148720.

Summary

Applicant
Cara Savarese, Agent

License Type
Series 10 - Beer and Wine Store

Location
720 W. Highland Ave.
Zoning Classification: C-3
Council District: 4

This request is for a new liquor license for a convenience store that does not sell gas.
This location was not previously licensed for liquor sales and does not have an interim
permit. This location requires a Use Permit to allow package liquor sales.

The 60-day limit for processing this application is Oct. 13, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Page 71




Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have operated multiple successful companies across the US without any problems.
My companies have policies in place to ensure State laws are properly executed. We
are well aware of AZ liquor laws and will take every measure necessary to abide by the
rules of the State.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are creating a distinct and advanced market by by allowing customers to order
alcohol virtually without leaving the comfort of their homes. This virtual business model
is unique to the industry and offers public convenience as it allows patrons to purchase
and consume alcohol from the safety of their homes, without having to drive anywhere
after consuming alcohol. West Highland Ave LH, LLC requests that the City of Phoenix
finds the public Necessity and Convenience would be served by the issuance of the
liquor license.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - West Highland Ave LH LLC
Liquor License Map - West Highland Ave LH LLC

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 72
Liquor License Data: WEST HIGHLAND AVE LH LLC
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 2 0

Bar 6 12 5

Beer and Wine Bar 7 11 1

Liquor Store 9 5 2

Beer and Wine Store 10 11 3

Restaurant 12 37 8


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 164.22 201.69

Violent Crimes 8.73 37.63 41.18

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 127

Total Violations 90 224




Page 73
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1074002 1009 62 % 7% 16 %

1074004 1382 20 % 26 % 30 %

1074005 661 0% 30 % 77 %

1075003 1599 46 % 15 % 14 %

1088021 1456 23 % 32 % 31 %

1089011 988 36 % 15 % 30 %

1089012 1297 31 % 23 % 54 %

1089021 1258 16 % 12 % 49 %

1089022 1250 42 % 26 % 22 %

1089023 1072 28 % 3% 47 %

1089024 1278 46 % 9% 21 %

1171001 2126 10 % 15 % 10 %

1171002 703 57 % 27 % 12 %

Average 61 % 13 % 19 %




Page 74
Liquor License Map: WEST HIGHLAND AVE LH LLC
720 W HIGHLAND AVE




Ü
Date: 8/19/2021
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
Page 75



Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - SS. Simon & Jude Roman Catholic Cathedral
Phoenix

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Phillip Lester

Location
6351 N. 27th Ave.
Council District: 5

Function
Fall Festival

Date(s) - Time(s) / Expected Attendance
Oct. 24, 2021 - Noon to 7 p.m. / 450 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 76



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Dave Market

Request for a liquor license. Arizona State License Application 157821.

Summary

Applicant
David Talia, Agent

License Type
Series 10 - Beer and Wine Store

Location
3912 Grand Ave.
Zoning Classification: C-3
Council District: 5

This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.

The 60-day limit for processing this application is Oct. 12, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Page 77




Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“This new owner of this business has operated other successful businesses in the
past. He is looking forward to this next business venture.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This location has operated with a liquor license since 2013. It has become the local
neighborhood grocery store to the residents near by. They don't only sell beer & wine,
they sell many household products and groceries. They would like to continue offering
these items that the neighbors have become accustomed purchasing.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Dave Market
Liquor License Map - Dave Market

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 78
Liquor License Data: DAVE MARKET
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 3 0

Bar 6 4 1

Beer and Wine Bar 7 3 0

Liquor Store 9 4 0

Beer and Wine Store 10 13 2

Restaurant 12 7 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 124.54 82.48

Violent Crimes 8.73 34.42 26.11

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 129

Total Violations 89 192




Page 79
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1071021 1531 50 % 17 % 42 %

1071023 2082 32 % 14 % 38 %

1092001 1455 52 % 10 % 45 %

1092002 1665 36 % 30 % 46 %

1092003 1593 11 % 26 % 32 %

1093001 1129 74 % 7% 26 %

Average 61 % 13 % 19 %




Page 80
Liquor License Map: DAVE MARKET
3912 GRAND AVE




Ü
Date: 8/16/2021
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
Page 81



Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - Almost There: A Mom + Pups Rescue

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Vittoria Horne

Location
2611 E. Indian School Road
Council District: 6

Function
Community Event

Date(s) - Time(s) / Expected Attendance
Nov. 26, 2021 - 10 a.m. to 3 p.m. / 120 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 82



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Special Event - Arizona Parks and Recreation Association

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Samantha Coffman

Location
10919 S. Central Ave.
Council District: 6

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 20, 2021 - 12:30 p.m. to 6:30 p.m. / 1,400 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 83



Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - St. Thomas the Apostle Roman Catholic Parish
Phoenix

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Steven Kunkel

Location
4510 N. 24th St.
Council District: 6

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 13, 2021 - 10 a.m. to 3 p.m. / 2,500 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 84



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Aftermath

Request for a liquor license. Arizona State License Application 158732.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 12 - Restaurant

Location
1534 E. Bethany Home Road
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is Oct. 24, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 85

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Hush Public House (Series 12)
14202 N. Scottsdale Road, #167, Phoenix
Calls for police service: 52
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have several years in the food and beverage business. I currently own and operate
another restaurant in Arizona. We will ensure our employees have attended the proper
liquor training provided by ALIC and abide by all liquor laws.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This is a full-service restaurant serving the surrounding community. A liquor license
give us the opportunity to give our customers the option of purchasing an alcholic
beverage of their choice.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Aftermath
Liquor License Map - Aftermath

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.



Page 86
Liquor License Data: AFTERMATH
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 1

Bar 6 3 1

Beer and Wine Bar 7 3 3

Liquor Store 9 3 0

Beer and Wine Store 10 7 2

Restaurant 12 26 13


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 67.27 73.35

Violent Crimes 8.73 8.75 9.87

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 43

Total Violations 90 55




Page 87
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1064001 715 84 % 23 % 9%

1064002 2049 31 % 16 % 9%

1065012 1594 61 % 18 % 32 %

1065021 1383 30 % 18 % 43 %

1065022 1027 85 % 14 % 4%

1065023 919 56 % 15 % 10 %

1076012 904 38 % 24 % 23 %

1076021 1311 82 % 0% 6%

1077001 1222 100 % 2% 3%

1077004 526 77 % 27 % 21 %

Average 61 % 13 % 19 %




Page 88
Liquor License Map: AFTERMATH
1534 E BETHANY HOME RD




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Date: 8/27/2021
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City Clerk Department
Page 89



Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - California Pizza Kitchen

Request for a liquor license. Arizona State License Application 12072195.

Summary

Applicant
Amy Nations, Agent

License Type
Series 12 - Restaurant

Location
2502 E. Camelback Road, Ste. 112
Zoning Classification: PSC
Council District: 6

This request is for an acquisition of control of an existing liquor license for a restaurant.
This location is currently licensed for liquor sales.

The 60-day limit for processing this application is Oct. 12, 2021.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

California Pizza Kitchen (Series 12)
21001 N. Tatum Blvd., Ste. 40-1370
Calls for police service: 571


Page 90

Liquor license violations: None

California Pizza Kitchen (Series 12)
10100 N. Scottsdale Road, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

California Pizza Kitchen (Series 12)
2000 E. Rio Salado Parkway, #E1, Tempe
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“California Pizza Kitchen owns and operates over 150 locations across the country and
has been in business for 36 years.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 91



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Canteen

Request for a liquor license. Arizona State License Application 157861.

Summary

Applicant
Emily Anderson, Agent

License Type
Series 12 - Restaurant

Location
3619 E. Indian School Road
Zoning Classification: C-1 and C-2
Council District: 6

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is Oct. 12, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 92


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have run my own business for the last 15 years, been a law abiding citizen, have no
criminal record, and am an overall conscientious person.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“it will provide a safe and comfortable environment for customers to connect and build
a sense of community for the neighboring areas.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Canteen
Liquor License Map - Canteen

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 93
Liquor License Data: CANTEEN
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 0

Bar 6 5 2

Beer and Wine Bar 7 7 2

Liquor Store 9 2 1

Beer and Wine Store 10 9 2

Restaurant 12 39 15


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 138.61 87.47

Violent Crimes 8.73 15.15 7.64

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 63

Total Violations 90 103




Page 94
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1082003 1225 76 % 13 % 17 %

1083021 1229 70 % 16 % 3%

1083022 1824 50 % 13 % 4%

1109011 665 96 % 10 % 13 %

1109012 2669 23 % 19 % 27 %

1109021 2609 33 % 21 % 40 %

1109022 2224 39 % 7% 18 %

1110001 781 25 % 11 % 3%

1110002 1105 63 % 8% 19 %

Average 61 % 13 % 19 %




Page 95
Liquor License Map: CANTEEN
3619 E INDIAN SCHOOL RD




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Date: 8/18/2021
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City Clerk Department
Page 96



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Obon

Request for a liquor license. Arizona State License Application 155907.

Summary

Applicant
Kevin Kramber, Agent

License Type
Series 12 - Restaurant

Location
2502 E. Camelback Road, Ste. 119
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit. This business is
currently being remodeled with plans to open in November 2021.

The 60-day limit for processing this application is Oct. 13, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 97

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Obon Sushi Bar Ramen (Series 12)
7300 N. Via Paseo Del Sur, #B, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Obon Sushi & Bar & Ramen (Series 12)
15059 N. Scottsdale Road, #J1-195, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Obon Sushi + Bar + Ramen (Series 12)
350 E. Congress St., #120, Tucson
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am currently an Agent on over 2001 liquor licenses statewide. Owner/Principal owns
3 liquor licenses in the State with no compliance actions. Background checks should
come back clean/compliant.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This Series 12 Restaurant Liquor License will give our patrons the luxury of order
liquor if they choose to in order to enhance their dining experience. Food is our primary
source of income and liquor is an offering for the convenience of our patrons.”

Staff Recommendation
Staff recommends approval of this application.


Page 98


Attachments
Liquor License Data - Obon
Liquor License Map - Obon

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 99
Liquor License Data: OBON
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 6 3

Beer and Wine Bar 7 2 1

Liquor Store 9 3 0

Beer and Wine Store 10 6 0

Hotel 11 3 2

Restaurant 12 39 21


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 90.81 95.43

Violent Crimes 8.73 7 5.83

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 14

Total Violations 90 22




Page 100
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1077001 1222 100 % 2% 3%

1077002 738 57 % 10 % 8%

1078002 1477 63 % 28 % 5%

1084004 1641 65 % 7% 19 %

1085022 732 23 % 28 % 12 %

1085024 549 43 % 31 % 15 %

Average 61 % 13 % 19 %




Page 101
Liquor License Map: OBON
2502 E CAMELBACK RD




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Date: 8/24/2021
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Papi Gordos

Request for a liquor license. Arizona State License Application 158826.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 12 - Restaurant

Location
3623 E. Indian School Road
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is Oct. 25, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 103

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Low Key Piano Bar (Series 6)
501 S. Mill Ave, B-101, Tempe
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We train all of our employees in responsible liquor service. We also conduct regular
audits to ensure they comply.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We would like the ability to allow our 21 and over guests to enjoy an adult beverage.
Papi Gordo's staff has the knowledge, dedication, and leadership required to
effectively create the best quality alcoholic beverages and food available.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Papi Gordos
Liquor License Map - Papi Gordos

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 104
Liquor License Data: PAPI GORDOS
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 0

Bar 6 5 2

Beer and Wine Bar 7 7 2

Liquor Store 9 2 1

Beer and Wine Store 10 9 2

Restaurant 12 40 16


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 138.61 87.47

Violent Crimes 8.73 15.15 7.64

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 62

Total Violations 90 99




Page 105
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1082003 1225 76 % 13 % 17 %

1083021 1229 70 % 16 % 3%

1083022 1824 50 % 13 % 4%

1109011 665 96 % 10 % 13 %

1109012 2669 23 % 19 % 27 %

1109021 2609 33 % 21 % 40 %

1109022 2224 39 % 7% 18 %

1110001 781 25 % 11 % 3%

1110002 1105 63 % 8% 19 %

Average 61 % 13 % 19 %




Page 106
Liquor License Map: PAPI GORDOS
3623 E INDIAN SCHOOL RD




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Date: 8/30/2021
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Shabuo

Request for a liquor license. Arizona State License Application 158907.

Summary

Applicant
Theresia Rahardjanoto, Agent

License Type
Series 12 - Restaurant

Location
4206 E. Chandler Blvd., Ste. 7
Zoning Classification: C-2 PCD
Council District: 6

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is Oct. 26, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 108

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Yanagi Sushi (Series 12)
884 W. Warner Road, #4, Gilbert
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I understand the responsibilities and regulations that come with owning a liquor
license. I take these responsibilities and regulations seriously as I am trying to ensure
that my business is run successfully and professionally.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Liquor will be served in a safe and regulated environment.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Shabuo
Liquor License Map - Shabuo

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 109
Liquor License Data: SHABUO
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 2

Liquor Store 9 3 2

Beer and Wine Store 10 9 5

Restaurant 12 20 11


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 47.37 48.08

Violent Crimes 8.73 5.83 8.28

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 11

Total Violations 90 19




Page 110
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1167121 2721 19 % 15 % 9%

1167122 1832 76 % 0% 3%

1167131 589 64 % 51 % 42 %

1167191 1679 87 % 3% 2%

1167193 1688 72 % 17 % 14 %

1167194 2185 77 % 0% 4%

1167202 1687 44 % 7% 7%

1167203 1430 34 % 7% 5%

1167212 1820 65 % 4% 3%

Average 61 % 13 % 19 %




Page 111
Liquor License Map: SHABUO
4206 E CHANDLER BLVD




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Date: 8/31/2021
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - Downtown Phoenix Inc.

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Devney Preuss

Location
67 W. Culver St.
Council District: 7

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 13, 2021 - 11 a.m. to 5 p.m. / 2,500 attendees
Nov. 14, 2021 - 11 a.m. to 4 p.m. / 2,500 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 113



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Carniceria Mana

Request for a liquor license. Arizona State License Application 158619.

Summary

Applicant
Jose Lopez, Agent

License Type
Series 10 - Beer and Wine Store

Location
8240 W. Lower Buckeye Road, Ste. 110
Zoning Classification: C-2
Council District: 7

This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.

The 60-day limit for processing this application is Oct. 24, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 114

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Cancun Mexican Restaurant (Series 12)
4440 S. 19th Ave., Phoenix
Calls for police service: 2
Liquor license violations: None

Carniceria El Rancho Grande (Series 10)
4227 S. Central Ave., Phoenix
Calls for police service: 20
Liquor license violations: None

Super Carniceria Las Cuatro Milpas (Series 10)
6639 W. McDowell Road, Phoenix
Calls for police service: 9
Liquor license violations: None

Carniceria Mexico (Series 10)
4450 S. 19th Ave., Phoenix
Calls for police service: 4
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have taken all the training classes required to properly follow all the liquor laws of
Arizona. I am willing and planing on hiring trained, skilled and knowledgeable staff to
help me with my business.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are offering the puublic a family friendly business that offers a grocery store and


Page 115

meat market on one convenient location. Offering a variety of alcoholic and non-
alcoholic beverages that will make it convenient for our clients to do their shopping in
one family friendly location.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Carniceria Mana
Liquor License Map - Carniceria Mana

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 116
Liquor License Data: CARNICERIA MANA
Liquor License

Description Series 1 Mile 1/2 Mile

Liquor Store 9 2 1

Beer and Wine Store 10 2 2

Restaurant 12 4 2


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 64.78 72.92

Violent Crimes 8.73 9.02 13.26
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 17

Total Violations 90 24


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

0822052 3420 68 % 7% 11 %

0822061 3031 69 % 16 % 5%

1125101 3939 67 % 5% 4%

1125111 2081 76 % 7% 11 %

Average 61 % 13 % 19 %




Page 117
Liquor License Map: CARNICERIA MANA
8240 W LOWER BUCKEYE RD




Ü
Date: 8/27/2021
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
Page 118



Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - El Pueblo Restaurant

Request for a liquor license. Arizona State License Application 157908.

Summary

Applicant
Theresa Morse, Agent

License Type
Series 12 - Restaurant

Location
2270 N. 75th Ave., Ste. 101
Zoning Classification: C-2
Council District: 7

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is Oct. 13, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 119


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“My husband and I are solely interested in providing a safe & friendly environment for
customers to enjoy Authentic Mexican Food. Additionally, we are still taking proactive
measures against Covid-19. We have attended Arizona Liquor Law training and will
require staff members to attend as well to prevent violations of City, State and County
laws and regulations.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The primary purpose of my restaurant is food sales however, I have had many
customers request alcoholic beverages to compliment the food service. The restaurant
is a family oriented business and it will not operate as a bar. Liquor law training for the
staff as well as ownership will prevent sales to underage and sales to obviously
intoxicated customers.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - El Pueblo Restaurant
Liquor License Map - El Pueblo Restaurant

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 120
Liquor License Data: EL PUEBLO RESTAURANT
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 0

Beer and Wine Bar 7 1 1

Liquor Store 9 3 2

Beer and Wine Store 10 4 1

Restaurant 12 17 11


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 201.22 314.33

Violent Crimes 8.73 29.67 29.51

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 91

Total Violations 90 144


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1125033 1448 67 % 6% 8%

1125034 1913 70 % 12 % 32 %

1125091 1905 0% 15 % 22 %

1125092 1564 47 % 23 % 9%

1125093 2841 0% 14 % 49 %

Average 61 % 13 % 19 %




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Liquor License Map: EL PUEBLO RESTAURANT
2270 N 75TH AVE




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Item text
Liquor License - Off The Record

Request for a liquor license. Arizona State License Application 158938.

Summary

Applicant
Esther Noh, Agent

License Type
Series 12 - Restaurant

Location
1025 N. 2nd St.
Zoning Classification: DTC-West Evans Churchill HP
Council District: 7

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is Oct. 26, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 123

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Restaurant Progress (Series 12)
702 W. Montecito Ave., Phoenix
Calls for police service: 3
Liquor license violations: None

Montecito Mercantile (Series 10)
704 W. Montecito Ave., Phoenix
Calls for police service: None
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have owned and operated a business with a Series 12 license since 2017, and have
since opened and operated a business with a Series 10S license in 2021. I have
worked in the Food and Beverage Industry for ------ years and am knowledgeable of
the rules and regulations that are required and expected of liquor license holders.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This business will showcase the best of Phoenix's hospitality set in a beautiful historic
house, where the surrounding community can come network, celebrate milestones,
and share memorable experiences.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Off The Record
Liquor License Map - Off The Record



Page 124

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 125
Liquor License Data: OFF THE RECORD
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 3 1

Government 5 8 4

Bar 6 42 13

Beer and Wine Bar 7 16 7

Liquor Store 9 4 1

Beer and Wine Store 10 10 4

Hotel 11 8 4

Restaurant 12 93 41

Club 14 2 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 160.80 255.09

Violent Crimes 8.73 38.66 50.95
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 116

Total Violations 90 186




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Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1118002 1030 67 % 9% 17 %

1118004 671 62 % 6% 6%

1130001 1218 23 % 16 % 11 %

1130002 873 29 % 21 % 38 %

1131001 1015 7% 8% 28 %

1131002 1242 3% 7% 33 %

1132021 731 33 % 20 % 74 %

1132022 1257 47 % 29 % 55 %

1132031 1473 30 % 20 % 57 %

1132032 638 28 % 7% 70 %

Average 61 % 13 % 19 %




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Liquor License Map: OFF THE RECORD
1025 N 2ND ST




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Item text
Liquor License - Trappers Sushi Co. Phoenix

Request for a liquor license. Arizona State License Application 158353.

Summary

Applicant
Jason Reyna, Agent

License Type
Series 12 - Restaurant

Location
2 E. Jefferson St., Ste. 108
Zoning Classification: DTC - Business Core
Council District: 7

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit. This business is
currently being remodeled with plans to open in November 2021.

The 60-day limit for processing this application is Oct. 18, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 129

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Trappers Sushi Co. Avondale (Series 12)
10321 W. McDowell Road, #101, Avondale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have been in the restaurant industry for 34 years. I have helped grow Trappers Sushi
from a single restaurant to Thirteen, with this one being the fourteenth. This will be our
second one in Arizona. We have plans to continue to open more.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We will be giving the community Job opportunities and a wonderful dining experience.
We will help bring business to the area. We will bring our mission to the area. Our
mission is to learn the customers name and provide the best service and food
possible. Leaving the customer with a craving to come back to trapppers sushi.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Trappers Sushi Co. Phoenix
Liquor License Map - Trappers Sushi Co. Phoenix

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.

Page 130
Liquor License Data: TRAPPERS SUSHI CO. PHOENIX
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 2 1

Wholesaler 4 1 0

Government 5 7 5

Bar 6 43 29

Beer and Wine Bar 7 12 6

Liquor Store 9 3 2

Beer and Wine Store 10 10 1

Hotel 11 8 5

Restaurant 12 79 38

Club 14 3 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 142.64 150.95

Violent Crimes 8.73 44.53 42.46

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 27

Total Violations 90 41




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Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1131001 1015 7% 8% 28 %

1131002 1242 3% 7% 33 %

1141001 2299 16 % 37 % 44 %

1142001 1321 36 % 22 % 50 %

Average 61 % 13 % 19 %




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Liquor License Map: TRAPPERS SUSHI CO. PHOENIX
2 E JEFFERSON ST




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Item text
Liquor License - Special Event - Phoenix Legal Action Network

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Rekha Nair

Location
113 N. 6th St.
Council District: 8

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 12, 2021 - 5 p.m. to 10 p.m. / 500 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




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Report

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No supporting documents stored.


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Item text
Liquor License - Special Event - Saint Sava Serbian Orthodox Church

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Samuel Busic

Location
4436 E. McKinley St.
Council District: 8

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 6, 2021 - 11 a.m. to 10:30 p.m. / 1,500 attendees
Nov. 7, 2021 - Noon to 8:30 p.m. / 850 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Ike's Love and Sandwiches

Request for a liquor license. Arizona State License Application 158228.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 12 - Restaurant

Location
910 N. 4th St.
Zoning Classification: DTC-West Evans Churchill
Council District: 8

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is Oct. 17, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 136


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We will abide by Arizona Title 4 liquor laws. We will ensure our employees have
attended the proper liquor training provided by ALIC.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This location has had a Series 12 liquor license. We would like to continue to offer our
patrons the option of ordering a alcoholic beverage of their choice.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Ike's Love and Sandwiches
Liquor License Map - Ike's Love and Sandwiches

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 137
Liquor License Data: IKE'S LOVE AND SANDWICHES
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 3 1

Wholesaler 4 1 0

Government 5 8 4

Bar 6 43 13

Beer and Wine Bar 7 15 7

Liquor Store 9 4 0

Beer and Wine Store 10 10 4

Hotel 11 8 4

Restaurant 12 91 39

Club 14 2 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 46.78 163.11 205.83

Violent Crimes 8.73 39.72 47.13

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 123

Total Violations 90 206




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Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1130001 1218 23 % 16 % 11 %

1130002 873 29 % 21 % 38 %

1131002 1242 3% 7% 33 %

1132021 731 33 % 20 % 74 %

1132022 1257 47 % 29 % 55 %

1132031 1473 30 % 20 % 57 %

1132032 638 28 % 7% 70 %

1140001 1831 25 % 20 % 47 %

1141001 2299 16 % 37 % 44 %

Average 61 % 13 % 19 %




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Liquor License Map: IKE'S LOVE AND SANDWICHES
910 N 4TH ST




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PAYMENT ORDINANCE (Ordinance S-47965) (Items 35-46)
Ordinance S-47965 is a request to authorize the City Controller to
disburse funds, up to amounts indicated below, for the purpose of
paying vendors, contractors, claimants and others, and providing
additional payment authority under certain existing city contracts. This
section also requests continuing payment authority, up to amounts
indicated below, for the following contracts, contract extensions and/or
bids awarded. As indicated below, some items below require payment
pursuant to Phoenix City Code section 42-13.

35 City of Goodyear - Annual Water Utility Payment
For $125,500.00 in payment authority to the City of Goodyear for Phoenix
Goodyear Airport (GYR) annual water utility charges, as provided in the
GYR's annual operating budget. The GYR is physically located in the City
of Goodyear and the airport is required to pay for the monthly water
utilities received from the City of Goodyear.

36 Applied Concepts, Inc. doing business as Stalker Radar
For $24,290.00 in payment authority to purchase radar speed detection
devices for the Police Department. The Stalker radar speed detection
device is an instrument used to measure the speed of an object. The
requested device will be mounted on police motorcycles to track traffic
speeds. The Traffic Bureau will use the device to enforce traffic laws,
reduce excessive speeding and promote safety on City streets. The radar
device will be purchased utilizing grant funds, from the statewide
Proposition 207, which expire on Dec. 31, 2021.

37 Settlement of Claim(s) Rinehart v. City of Phoenix
To make payment of up to $72,000.00 in settlement of claim(s) in
Rinehart v. City of Phoenix, 20-0217-001, GL, PD, for the Finance
Department pursuant to Phoenix City Code Chapter 42. This is a



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settlement for a property damage claim arising from a water main break
on Aug. 16, 2020.

38 Settlement of Claim(s) Welch v. City of Phoenix
To make payment of up to $27,500.00 in settlement of claim(s) in Welch
v. City of Phoenix, 20-0643-001, GL, PD, for the Finance Department
pursuant to Phoenix City Code Chapter 42. This is a settlement for a
property damage claim arising from a water main break on Dec. 25, 2020.

39 RR Donnelley
For $48,000.00 in payment authority for a new contract, entered on or
about Oct. 11, 2021, for a term of five years to provide various types of
forms used to print payroll checks and tax forms for the Finance
Department. The various forms are compatible with PeopleSoft, which is
the Finance Department’s software application used to process Human
Resource and payroll functions. The various forms are compatible with
the PeopleSoft software application and allows payroll to print paychecks
and tax forms according to PeopleSoft and Internal Revenue Service
specifications.

40 Laborers' International Union of North America (LIUNA)
Local 777
For $50,000.00 in additional payment authority for Contract 154610,
through June 30, 2023, for City of Phoenix Apprenticeship Programs, to
purchase training materials, uniforms, promotional outreach materials,
instructional activities such as schools and workshops, and any other
activity related to LIUNA Local 777-City of Phoenix Apprenticeship
Programs for Unit 1 members approved to participate in apprenticeship
programs, for the Human Resources Department. Approval will ensure
compliance with the Memorandum of Understanding.

41 American Federation of State, County and Municipal
Employees (AFSCME) Local 2384
For $56,000.00 in payment authority for Contract 154611, through June
30, 2023, for designated members of the AFSCME Local 2384, Unit 2, to
attend schools, conferences, workshops and training to develop skills in
effective member representation, conflict resolution techniques,
labor-management cooperation, and other employee relations areas


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which promote cooperative and harmonious relationships for the Human
Resources Department. Approval will ensure compliance with the
Memorandum of Understanding.

42 American Federation of State, County and Municipal
Employees (AFSCME) Local 2960
For $56,000.00 in additional payment authority for Contract 154612,
through June 30, 2023, for designated members of AFSCME Local 2960
- Unit 3 to attend schools, conferences, workshops and training to
develop skills in effective member representation, conflict resolution
techniques, labor-management cooperation, and other employee relations
areas that promote cooperative and harmonious relationships. Approval
will ensure compliance with the Memorandum of Understanding.

43 American Federation of State, County and Municipal
Employees (AFSCME) Local 2960
For $85,000.00 in additional payment authority for Contract 154612,
through June 30, 2023, for expenses of maintaining the AFSCME Local
2960 - Unit 3 Honor Guard, a professional organization that represents the
funerals and provides public education and community service. Approval
will ensure compliance with the Memorandum of Understanding.

44 Magnum Engineering, Inc.
For $29,000.00 in payment authority to purchase specialty art services for
Phoenix Office of Arts and Culture Department. The renovations are
needed for the structural support of the Arizona Civil Rights Memorial in
Eastlake Park due to damage from rust and exposure to the elements.
The retrofit would also include a planned update of the memorial's civil
rights history timeline. The proposed contractor has the expertise and
metal conservation experience to carry out the work in time for the
memorial's 25th anniversary rededication on Dr. Martin Luther King, Jr.
Day in January 2022.

45 Helm, Inc.
For $74,825.00 in payment authority to purchase Ford software licenses
for the Public Works Department, Fleet Services Division. The licenses
will allow staff to diagnose Ford vehicles and equipment for repairs and


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provide computer access to Ford equipment manuals online. The
software licenses allow staff to maintain vehicles in a timely manner and
minimize downtime and increased costs for submitting vehicles directly to
Ford dealerships.

46 Manhattan Telecommunications Corporation, doing
business as MelTel, Inc.
For $366,000.00 in additional payment authority for Contract 148595 for
Automated Vehicle Locator Services for the Public Works Department.
The additional payment authority is to add the Street Transportation
Department to the Public Works Department contract to provide telematic
hardware and software for tracking vehicles and obtaining essential data
for vehicle maintenance, routing and customer inquiries.




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Item text
Proposed 27th Avenue and Baseline Road Annexation - Public Hearing

A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed 27th Avenue and Baseline Road Annexation. This public hearing allows the
Council will not act on the proposed annexation at this public hearing. Formal adoption
of this proposed annexation will be considered at a later date.

Summary
The annexation was requested by Francisco M. Badilla with Badilla and Associates
Consulting Engineers L.L.C. for the purpose of receiving City of Phoenix services. The
proposed annexation conforms to current City policies and complies with Arizona
Revised Statutes section 9-471 regarding annexation. Additionally, the annexation is
recommended for adoption per the attached Task Force Analysis Report
(Attachment A).

Public Outreach
Notification of the public hearing was published in the Arizona Business Gazette
newspaper, and was posted in at least three conspicuous places in the area proposed
to be annexed. Also, notice via first-class mail was sent to each property owner within
the proposed annexation area.

Location
The proposed annexation area includes parcel 105-88-020V, located at 7416 S. 27th
Ave. (Attachment B). The annexation area is approximately 2.25 acres (0.0035 sq.
mi.) and the population estimate is three individuals.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 145
ATTACHMENT A

CITY COUNCIL REPORT


TO: Ginger Spencer
Deputy City Manager

FROM: Alan Stephenson
Planning Director

SUBJECT: Request for Task Force Analysis: 27th Avenue and Baseline Road Annexation


This report recommends the approval of the proposed annexation of 2.25 acres located at 7416 S. 27th
Avenue (27th Avenue and Baseline Road), Parcels: APN #105-88-020V



THE REQUEST:

The applicant is requesting the annexation to develop the parcel, with adjacent parcels already annexed
to the city of Phoenix, to create a 16-lot subdivision under R1-8 (Single-family Residence District). The
adjacent parcels were annexed in 2007.



OTHER INFORMATION:

Planning Village: Laveen
General Plan Designation: Large Lot, Residential 0 to 1 dwelling units per acre
Current Zoning District: RU-43
Equivalent Zoning District: S-1

Current Conditions
Current Land-Use: Single-family dwelling, a barn built in 1983, and a
second barn/shop built in 2003.

To the North: Single-family dwelling and ranch property, zoned S-1,

To the South: Auto sales, auto shop and open auto storage, zoned C-
2, Maricopa County jurisdiction.

To the West: Single-family dwelling and ranch property, zoned S-1,

To the East: Single-family subdivision, zoned R1-10, City of Phoenix
Jurisdiction.

Non-Conformities Present? NONE PRESENT




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PARCEL(S) HISTORY: None


ALTERNATIVES:

 Option A - Annex the land as requested:

The city of Phoenix will control rezoning requests in this area to ensure conformance with the General
Plan Land Use Map. The city of Phoenix will capture property tax, utility tax, state shared revenue, and
impact fees.

 Option B - Deny the request for annexation:

If annexed later, this site would have been developed under County zoning and development standards
that may not be consistent with the General Plan, Land Use Map, zoning, and development standards.


RECOMMENDATION:

Located adjacent to City of Phoenix lands, this annexation is supported by the 2015 General Plan,
particularly the Land Use goal for land uses and development standards for unincorporated land, under
Policies 1 and 2. This annexation is recommended for approval.
Approval of annexation does not constitute recommendation for future rezoning actions.


SUPPORTING INFORMATION:

I. Water and Sewer Service

The proposed parcel can likely be served by the City of Phoenix water and sewer system in the area,
pending capacity review and approval. Specific water and sewer system stipulations/requirements are
determined at time of Site Plan approval after annexation.

Design and construction of any infrastructure will be the responsibility of the developer. Please be
advised that capacity is a dynamic condition that can change over time due to a variety of factors.

City map shows the closest water/sewer infrastructure is within S. 27th Avenue:

Water -
60-inch PCCP, pressure zone 1, water main within S. 27th Avenue (Transmission Main, Do Not Use)
12-inch DIP, pressure zone 1, water main within S. 27th Avenue

Sewer -
15-inch VCP sewer main within S. 27th Avenue

II. Fire Protection

Servicing Station: Phoenix Fire Station 39, 2276 W. Southern Ave
Station Capacity Level, Current: Unknown
Station Capacity Level, After Annexation: Unknown
Current Response Time: 2 Min. 15 Sec.
City Average Response Time: 5 Min. 2 Sec.
Difference From Typical Response Time: 2 Min. 47 Sec.




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Number Of Service Calls Expected: 1
Average Cost Per Service Call: $466
Estimated Total Annual Fire Service Costs: $278

III. Police Protection

Servicing Station: Maryvale / Estrella Mountain, Police Beat 834
Number Of New Officers Required: 0.01
Number Of New Patrol Cars Required: 0.00
Estimated Total Annual Police Service Costs: $813

IV. Refuse Collection

Number of New Containers Required: 2
Note: Public refuse container costs not applicable for apartments and non-residential l uses as
these require private refuse services or contractual agreements with the City that are not determined
at this time.
Cost for Refuse Containers, Each: $43.05
Cost for Recycling Containers, Each: $45.70
Total Start-Up Costs For Refuse Collection: $200

V. Street Maintenance

Average Cost Per Acre For Street Maintenance: $85
Estimated Total Annual Street Maintenance Costs: $192

VI. Public Transit

Servicing Routes: Local routes 77 (Baseline) - Bus stops are located approximately 0.10
miles from the parcel.

VII. Parks and Recreation

Neighborhood Park Demand In Acres: 0.02
Community Park Demand In Acres: 0.01
District Park Demand In Acres: 0.01
Total Park Demand In Acres: 0.05
Cost Per Acre, Annual Maintenance: $11,000
Total Annual Parks and Recreation Costs: $527

VIII. Schools

Elementary School District: Roosevelt
High School District: Phoenix Union
Total Expected Elementary School Students: 2




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Total Expected High School Students: 1
Total Expected New Students: 2

IX. Revenues

Residential Impact Fees: This project is in the Laveen West Impact Fee area.

Commercial Impact Fees: Impact fees may include water and sewer fees which are based on
building area, specific commercial use(s), gross site area for the commercial portion of the project,
water meters, and number of drainage fixture units (DFUs).

Expected Total Impact Fees At Buildout: $31,679

Tax Income, Year One
Property Tax Income: $712
Utility Fee Income: $281
State Shared Revenue: $1,738
Solid Waste: $913
Sales Tax Generated: $0
Total Tax Related Income, Annually: $3,644

Tax Income, Year Two and Beyond
Property Tax Income: $712
Utility Fee Income: $281
State Shared Revenue: $1,738
Solid Waste: $913
Sales Tax Generated: $0
Total Tax Related Income, Annually: $3,644

X. Total Costs

Revenue, First Year Only: $35,323
Revenue, Year Two and Beyond: $3,644


Expenses, First Year Only: $2,010
Expenses, Year Two and Beyond: $1,810

XI. Total Annual Revenue

Total Annual Revenue, First Year Only: $33,313

Total Annual Revenue, Year Two and Beyond: $1,834




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The above referenced Property Tax Income figures are based on vacant parcels only, it does not
not refer to future development which will vary depending on number of lots and individual square
footage.

Total Tax Related Income and Total Annual Revenues will vary depending on project scope and
size, the timing of permit issuance and build-out.




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ATTACHMENT B




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Item text
Acquisition of Real Property for High-Intensity Activated Crosswalk Signals at
Two Locations (Ordinance S-47968)

Request to authorize the City Manager, or his designee, to acquire real property and
related property interests by donation, purchase within the City's appraised value, or
by the power of eminent domain for High-Intensity Activated Crosswalk signals at two
locations. Further request to authorize dedication of land or easements with roadway
and/or public improvements for public use via separate recording instrument.
Additionally, request to authorize the City Controller to disburse all funds related to this
item.

Summary
Acquisition of real property is required to install High-Intensity Activated Crosswalk
(HAWK) signals. Improvements include illuminated crosswalks, Americans with
Disabilities Act compliant sidewalks and ramps, pedestrian signals, pavement, curb,
and gutter. The project will enhance pedestrian safety crossing along: West Indian
School Road, west of 81st Avenue; and East Broadway Road, east of 20th Street.

The properties impacted by this project are identified in Attachment A.

Financial Impact
Funding is available in the Street Transportation Department's Capital Improvement
Program budget.

Location
West Indian School Road, west of 81st Avenue and East Broadway Road, east of 20th
Street.
Council Districts: 5 and 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation and Finance departments.




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Attachment A
Property Identification

ST89320157 and ST89330289

The following improved and/or unimproved parcels affected by acquisition and
included in this request are identified by the Maricopa County Assessor’s parcel
number (APN) and the address or location.

APN Address / Location
102-20-004H 8130 W. Indian School Road
122-38-155 2006 E. Broadway Road
122-42-002B 2001 E. Broadway Road




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Acquisition of Real Property for South Mountain Park Preserve at 23rd Avenue
and Sunrise Drive (Ordinance S-47991)

Request the City Council to amend Ordinance S-47680 to acquire additional real
property for South Mountain Preserve to be designated as "Mountain Preserve" in
accordance with the provisions of Chapter XXVI of the City Charter.

Summary
Ordinance S-47680 authorized the acquisition of 39 acres of land for the South
Mountain Preserve. The Parks and Recreation Department identified adjacent parcels
to include in the acquisition. The property sought includes scenic views, connections to
the Preserve, multiple drainage washes and desert flora and fauna. The addition would
increase the total of this acquisition to approximately 56.25 acres increasing the Parks
and Recreation Department’s natural space and allowing for future trail head
development. All other conditions and stipulations previously stated in the above
referenced ordinance will remain the same.

The additional parcels to be acquired and included in this request are identified by
Maricopa County Assessor's parcel number (APN) 300-16-042 located at 2150 W.
Sunrise Drive and APN 300-16-043D located at 10400 S. 21st Ave.

Financial Impact
Funding is available in the Parks and Recreation Department's Capital Improvement
Program budget using Phoenix Parks and Preserve Initiative funds.

Concurrence/Previous Council Action
Ordinance S-47680 was adopted by City Council on June 16, 2021.

Location
23rd Avenue and Sunrise Drive.
Council District: 8


Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation and Finance departments.

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Acceptance and Dedication of Easements and One Deed for Sidewalk, Public
Utility or Roadway Purposes (Ordinance S-47972)

Request for the City Council to accept and dedicate easements and one deed for
sidewalk, public utility or roadway purposes; further ordering the ordinance recorded.

Summary
Accepting the property interests below will meet the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.

Easement (a)
Applicant: Monterey Ridge Condominium Association, its successor and assigns
Purpose: Sidewalk
Location: 17850 N. 68th St.
File: FN 210057
Council District: 2

Easement (b)
Applicant: Scott Gould, its successor and assigns
Purpose: Public Utility
Location: 2929 N. 56th St.
File: FN 210061
Council District: 6

Easement (c)
Applicant: GCM Residential, L.L.C., its successor and assigns
Purpose: Public Utility
Location: 4001 E. Hazelwood St.
File: FN 210074
Council District: 6

Easement (d)
Applicant: Seasons Hospice & Palliative Care of Arizona, LLC, its successor and
assigns


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Purpose: Sidewalk
Location: 1702 E. Northern Ave.
File: FN 210067
Council District: 6

Easement (e)
Applicant: Quad J Holdings, LLC, its successor and assigns
Purpose: Roadway
Location: 3210 S. 39th Ave.
File: FN 200622
Council District: 7

Easement (f)
Applicant: 2305 E. South Mountain, LLC, its successor and assigns
Purpose: Public Utility
Location: 2305 E. South Mountain Ave.
File: FN 210066
Council District: 8

Easement (g)
Applicant: Pro Lux Homes, LLC, its successor and assigns
Purpose: Public Utility
Location: 1521 E. Euclid Ave.
File: FN 210063
Council District: 8

Deed (h)
Applicant: Pro Lux Homes, LLC, its successor and assigns
Purpose: Roadway
Location: 1521 E. Euclid Ave.
File: FN 210063
Council District: 8

Easement (i)
Applicant: Josue Beltran, its successor and assigns
Purpose: Public Utility
Location: 4817 S. 12th St.
File: FN 210075
Council District: 8




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Responsible Department
This item is submitted by the Deputy City Manager Ginger Spencer and the Planning
and Development and Finance departments.




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Acceptance of Easements for Drainage, Water or Vehicular Non-Access
Purposes (Ordinance S-47978)

Request for the City Council to accept easements for drainage, water or vehicular non-
access purposes; further ordering the ordinance recorded.

Summary
Accepting the property interests below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.

Easement (a)
Applicant: Barr Holdings 1, LLC, its successor and assigns
Purpose: Drainage
Location: 23310 N. 17th Drive
File: FN 210071
Council District: 1

Easement (b)
Applicant: MelvinTC Phoenix LLC, its successor and assigns
Purpose: Drainage
Location: 11402 N. Cave Creek Road
File: FN 210069
Council District: 3

Easement (c)
Applicant: Maricopa Special Health Care District dba Valleywise Health formerly
known as Maricopa County Special Health Care District dba Maricopa Integrated
Health System, its successor and assigns
Purpose: Water
Location: 7800 W. Thomas Road
File: FN 210044
Council District: 5




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Easement (d)
Applicant: Chamberlain Development, L.L.C., its successor and assigns
Purpose: Drainage
Location: 2775 S. 45th Ave.
File: FN 210073
Council District: 7

Easement (e)
Applicant: 2833 Broadway Development LLC, its successor and assigns
Purpose: Drainage
Location: 2833 E. Broadway Road
File: FN 210064
Council District: 8

Easement (f)
Applicant: Juan Martinez, its successor and assigns
Purpose: Vehicular Non-Access
Location: 835 E. Apollo Road
File: FN 210065
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development and Finance departments.




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Automotive Parts and Repairs for Medium and Heavy-Duty Trucks (Collision
Repair) - COOP 21-116 and COOP 21-117 (Ordinance S-47983)

Request to authorize the City Manager, or his designee, to enter into a cooperative
participating agreement with Autobahn Collision, LLC and Arizona Truck Center LLC,
dba Vanguard Truck Center of Phoenix for medium and heavy-duty auto body collision
repair for the Public Works Department. The cooperative contract was established by
the Arizona Department of Transportation under solicitation number: BPM002438.
Further request to authorize the City Controller to disburse all funds related to this
item. The aggregate contract value will not exceed $2 million.

Summary
The Public Works Department Fleet Services division uses automotive parts and repair
vendors to manage customer demand for collision and repair services of citywide
vehicles and equipment in the City's fleet. Currently, the City has only one medium-
and heavy-duty auto body vendor to perform repairs and due to excessive delays and
downtime, the additional vendors are needed to provide quality and timely repairs to
the City’s vehicles and operating equipment. The use of the following vendors will be
advantageous to ensure the City's fleet always remains operational and available for
service.

Procurement Information
In accordance with Administrative Regulation 3.10, the City is authorized to use
cooperative agreements from other public agencies. The contract was awarded
through competitive processes consistent with the City's procurement processes, as
set forth in the Phoenix City Code, Chapter 43.

The Arizona Department of Transportation contract covers the Automotive Parts and
Repairs for Medium and Heavy-Duty Trucks (Collision Repair) as required by the
Public Works Department. The contract was awarded on July 1, 2020. The use of this
cooperative will provide the City significant discounts on these products. The review of
pricing and availability from registered small and local businesses indicates this
cooperative contract offers the best value to the City.

Upon City Council approval of this item, purchasing agreements incorporating the


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City’s terms and conditions will be fully executed between the referenced vendors and
the City.

The Assistant Finance Director recommends that use of the cooperative agreement
with Autobahn Collision, LLC and Arizona Truck Center LLC, dba Vanguard Truck
Center of Phoenix be accepted.

Contract Term
This five-year agreement will begin on or about Oct. 6, 2021.

Financial Impact
The aggregate contract value will not exceed $2 million.

Funding is available in the Public Works Department’s budget.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.




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Fence Supply and Service - Requirements Contract - IFB 18-207 (A) (Ordinance S
-47987)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 147321, Phoenix Fence Co.; Contract 147322, LP Steel
Industries, LLC; and Contract 147320, Western Fence Co., Inc., for the purchase of
fencing supplies and services related to installation, repair, and replacement of chain-
link, block, and ornamental fencing, gates, and fencing rental for citywide use. Further
request authorization for the City Controller to disburse all funds related to this item.
The additional expenditures will not exceed $980,000.

Summary
Additional contract authority is needed due to a higher than anticipated usage of these
contracts.

Fencing provided through these contracts are routinely used to secure city facilities
from vandalism and theft. The contracts are also used to secure and mitigate risk at
City-operated construction sites. The Fire Department, Parks Department, and Public
Works Department have been identified as the primary departmental users of this
contract.

Contract Term
The contract term is May 1, 2018 through April 30, 2023.

Financial Impact
Upon approval of $980,000 in additional funds, the revised aggregate value of the
contract will not exceed $5,535,000. Funds are available in the various departments’
budgets.

Concurrence/Previous Council Action
These contracts were originally approved by City Council on April 18, 2018.

Responsible Department
This item is submitted by City Manager Ed Zuercher and the Finance Department.



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Authorization to Enter into Agreement with Avalon Legal (Ordinance S-48000)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Avalon Legal to provide the City cell phone forensic services on an as-needed
basis as determined by the City Attorney and to further request authorization for the
City Controller to disburse the necessary funds in an amount not to exceed $75,000
annually over the term of the contract.

Summary
The Law Department is initiating a contract with a vendor to perform cell phone
forensics on an as-needed basis. This service is vital to extract data from a mobile
device when needed for use in investigations and litigation. The Law Department has
used its outside Legal Counsel Services contract vendor to work with a third party to
perform these services in the past at a much higher cost. The need for these services
is increasing, necessitating a new method to access these services. Bids were
collected from four vendors and the two lowest bids were selected to enter into
contracts. This contract will allow for faster service at a lower cost. The vendor is able
to provide a secure forensic lab with a documented clear chain of custody, and can
provide service on both Apple and Android devices. This contract is for a period of one
year, with no options; to be used on an as-needed basis, at a maximum value of
$75,000. The Law Department and ITS will conduct a full procurement during the term
of this contract to replace it with a longer-term agreement.

Contract Term
This contract will be for one year with no options to extend.

Financial Impact
The amount requested is an amount not to exceed $75,000 annually over the term of
the contract.

Funds are available in various departments' budgets, including the Law Department
and Self-Insured Retention Fund. Payments will be made from affected funding
sources, primarily from the Self-Insured Retention Fund or the General Fund on an
individual case or legal assignment basis.



Page 163

Responsible Department
This item is submitted by City Manager Ed Zuercher and the Law Department.




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Authorization to Enter into Agreement with Teris-Phoenix LLC (Ordinance S-
48001)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Teris-Phoenix LLC to provide the City cell phone forensic services on an as-
needed basis as determined by the City Attorney and to further request authorization
for the City Controller to disburse the necessary funds in an amount not to exceed
$75,000 annually over the term of the contract.

Summary
The Law Department is initiating a contract with a vendor to perform cell phone
forensics on an as-needed basis. This service is vital to extract data from a mobile
device when needed for use in investigations or litigation. The Law Department has
used its outside Legal Counsel Services contract vendor to work with a third party to
perform these services in the past, but at a much higher cost. The need for these
services is increasing, necessitating a change in how these services are accessed by
the City. Bids were collected from four vendors and the two lowest bids were selected
to enter into contracts. The contract will allow for faster service at a lower cost. This
vendor is able to provide a secure forensic lab with a documented clear chain of
custody, and can provide service on both Apple and Android devices. This contract is
for a period of one year; to be used on an as-needed basis, at a maximum value of
$75,000. The Law Department and ITS will conduct a full procurement during the term
of this contract to replace it with a longer-term agreement.

Contract Term
This contract will be for one year with no options to extend.

Financial Impact
The amount requested is an amount not to exceed $75,000 annually over the term of
the contract.

Funds are available in various departments' budgets, including the Law Department
and Self-Insured Retention Fund. Payments will be made from affected funding
sources, primarily from the Self-Insured Retention Fund or the General Fund on an
individual case or legal assignment basis.


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Responsible Department
This item is submitted by City Manager Ed Zuercher and the Law Department.




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Intergovernmental Agreement with Maricopa Association of Governments for
Evaluation of Coordinated Entry Assessment (Ordinance S-47966)

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement with the Maricopa Association of Governments to obtain
a consultant to evaluate the Coordinated Entry (CE) System. CE is a federally
mandated process used by the City and other MAG members to assist with the
allocation of regional resources to people experiencing or at risk of homelessness. The
aggregate value of the contract will not exceed $200,000. Further request to authorize
the City Controller to disburse all funds related to this item.

Summary
The Maricopa Association of Governments (MAG) provides a forum for local
governments to work collaboratively on issues that affect cities, towns and tribal
governments in the greater Phoenix region and includes the City among its members.
With funding from the City, MAG will hire and manage a consultant to evaluate the
current regional Coordinated Entry (CE) System, identify opportunities to strengthen
the system in light of COVID-19 impacts and implement identified enhancements,
resulting in a system that more accurately, equitably, and effectively responds to the
COVID-19 crisis and ongoing demands on the system.

Contract Term
The term of the contract will begin on or about Oct. 6, 2021, and end on June 30,
2022, with an option to extend the term through June 30, 2023, which may be
exercised at the discretion of the City Manager, or his designee.

Procurement Information
The City has obtained a waiver from federal Community Development Block Grant
procurement requirements.

Financial Impact
The aggregate value of the contract will not exceed $200,000. Funding is available
through one-time monies from the U.S. Department of Housing and Urban
Development Community Development Block Grant. There is no impact to the General
Fund.


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Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.




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Agreement with Community Legal Services for COVID-19 Tenants Eviction
Assistance Program (Ordinance S-47988)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Community Legal Services, Inc. in an amount not to exceed $1,000,000 to provide
legal assistance, advocacy and representation to Phoenix tenants facing eviction
proceedings through local justice courts. Further request to authorize the City
Controller to disburse all funds related to this item.

Summary
In June 2020, Community Legal Services, Inc. (CLS) created the Tenants Eviction
Assistance Project (TEAP), with financial support through the City of Phoenix
Coronavirus Relief Fund allocation and the Economic Security Act, to address the
impact of COVID-19 on housing stability. TEAP is staffed with attorneys providing legal
assistance, advocacy, and representation, at no cost, to low-income Phoenix residents
experiencing an eviction crisis and court action. CLS has an established relationship
with the Phoenix-area justice courts and is familiar with working with low-income and
vulnerable populations. On Aug. 30, 2021, the Arizona Department of Economic
Security (DES) authorized the City to carryover funding to continue this service. This
contract will allow CLS to expend the authorized DES carryover funding and continue
to provide TEAP services.

Contract Term
The term of the contract will begin on or about Oct. 6, 2021, through Sept. 30, 2022.

Financial Impact
The aggregate value of the contract shall not exceed $1,000,000. Funding is provided
through DES, Division of Aging and Adult Services, and Community Services Block
Grant. There is no impact to the General Fund.

Concurrence/Previous Council Action
The City Council approved Ordinance S-46811 for Contract 152650 with CLS on June
24, 2020, with funding provided through the Coronavirus Aid Relief.

The City Council approved Ordnance S-47231 for a new contract, Contract 154006,


Page 169

with CLS on Jan. 6, 2021. This was as a result of a change to the fund source to
funding available through the Economic Security Act.

The City Council approved Ordinance S-47528 for an extension to Contract 154006
with CLS on May 5, 2021. This extension expired on Sept. 30, 2021.

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.




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Federal Communications Commission Emergency Connectivity Fund
Application and Agreement (Ordinance S-48006)

Request to authorize the City Manager, or his designee, authorizing Phoenix Public
Library’s application for funds from the Federal Communications Commission’s (FCC)
Emergency Connectivity Fund (ECF) and enter into an agreement with the ECF for the
purpose of accepting funds awarded. Additionally request to authorize the City
Treasurer to receive, and the City Controller to disburse, all funds related to this item
for the life of the Emergency Connectivity Fund. The total funds in this application is
$111,500.

Summary
The ECF is a $7.17 billion program funded by the American Rescue Plan Act of 2021
to help schools and libraries support remote learning. The program will provide funding
to schools and libraries for the reasonable costs of eligible equipment and services
that can be provided to students, teachers, and library patrons who lack connected
devices, such as laptop or tablet computers, and/or lack of broadband access during
the pandemic.

If awarded, the ECF would reimburse Phoenix Public Library, a total of $111,500, for
monthly broadband service costs associated with existing library 285 WiFi Hotspots
available for lending to library cardholders. The Emergency Connectivity Fund
application window is from Sept. 28, 2021 through Oct. 13, 2021. Reimbursement for
eligible equipment and services received or delivered is for costs expended between
July 1, 2021 through June 30, 2022.

This item has been reviewed and approved by the Information Technology Services
Department.

Contract Term
The funding period is July 1, 2021 through June 30, 2022.

Financial Impact
There is no impact to the General Fund. Phoenix Public Library and City of Phoenix
will be reimbursed the costs of providing monthly broadband services to 285 existing


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WiFi hotspots through this program by the Emergency Connectivity Fund from July 1,
2021 through June 30, 2022. No matching funds are required.

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Library
Department.




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Amendment to Consolidated Plan's Citizen Participation Plan

Request City Council approval to amend the Consolidated Plan's Citizen Participation
Plan.

Summary
The U.S. Department of Housing and Urban Development (HUD) requires jurisdictions
receiving significant HUD entitlement program funds to develop a Consolidated Plan
and adopt a Citizen Participation Plan. While the primary purpose of the Consolidated
Plan is to describe the strategies and priorities to utilize federal entitlement funds
allocated to the City through the Community Development Block Grant, HOME
Investment Partnerships, Housing Opportunities for Persons with AIDS, and
Emergency Solutions Grants programs, the purpose of the Citizen Participation Plan is
to set forth the policies and procedures for citizens’ involvement in the development
and administration of the Consolidated Plan.

The Neighborhood Services Department (NSD) is proposing to update the current
Citizen Participation Plan, adopted in 1996 and amended in 2010, 2018, and 2020, to
provide clarification on the City's citizen outreach and engagement processes
pertaining to the development of and amendments to the City's Consolidated Plan. The
Citizen Participation Plan outlines the public participation process, which includes a
public hearing and comment period, transparency of the planning process and access
to the draft plan, instructions to guide the public’s submission of comments and
standards for the City’s response, and procedures for continuity of participation
throughout all stages of the plan’s development. All these components ensure
residents who are interested in or impacted by the plan have an opportunity to
participate in the process.

The proposed amended plan (Attachment A) includes the following items:
· Clarification of what is an Amendment versus a Substantial Amendment;
· Clarification of the Citizen Participation Plan amendment process;
· Addition of the Neighborhood Stabilization Program 3 (NSP3) grant; and
· Text updates to align with current HUD guidance and regulatory language.




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Concurrence/Previous Council Action
This item was heard at the Community and Cultural Investment Subcommittee on Oct.
6, 2021.

Public Outreach
The City of Phoenix’s Citizen Participation Plan for HUD requires that a draft of the
amendment be posted for a 30-day public comment period and one public hearing be
conducted. A virtual public hearing was held on Sept. 14, 2021, with invitations and the
public notice distributed through NSD's grants distribution list, posted on the
department's social media account and officially noticed in multiple publications of
general circulation.

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.




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Attachment A




CITIZEN PARTICIPATION PLAN




Amended 09.16.21
Page 175
Table of Contents
CITIZEN PARTICIPATION PLAN ........................................................................................................ 2

ENCOURAGEMENT OF CITIZEN PARTICIPATION ......................................................................... 2

PUBLIC HEARINGS, NOTICE AND OUTREACH .............................................................................. 3

DEVELOPMENT OF THE AFH, CONSOLIDATED PLAN OR ANNUAL ACTION PLAN ....................... 4

AMENDMENTS RELATING TO THE CONSOLIDATED PLAN AND ANNUAL ACTION PLAN ............ 5

For CDBG:................................................................................................................................. 6

For HOME, HOPWA, and ESG: ................................................................................................. 6

For NSP1, NSP2, NSP3, HOPE VI, and Homelessness Prevention and Rapid Re-housing: ...... 6

CITIZEN COMMENT ON CITIZEN PARTICIPATION PLAN AND AMENDMENTS ............................ 7

PUBLIC HEARING AND COMMENT PERIOD: SUBSTANTIAL AMENDMENTS ............................... 7

PUBLIC COMMENT PERIOD: PERFORMANCE REPORTS (CAPER) ................................................ 8

ASSESSMENT OF FAIR HOUSING ................................................................................................. 8

AVAILABLITY TO THE PUBLIC ....................................................................................................... 9

ACCESS TO RECORDS ................................................................................................................... 9

TECHNICAL ASSISTANCE .............................................................................................................. 9

COMMENTS AND COMPLIANTS .................................................................................................. 9

ANTI-DISPLACEMENT PLAN ......................................................................................................... 9

STATES OF EMERGENCY/DISASTER EVENTS................................................................................ 9

GLOSSARY OF TERMS ................................................................................................................ 11




Page 1


Page 176
CITIZEN PARTICIPATION PLAN

The Assessment of Fair Housing (AFH), the Consolidated Plan (CP) and Annual Action Plan (AAP)
are guiding documents for the use of the federal formula U.S. Department of Housing and Urban
Development (HUD) grants and other HUD resources specified in this document and in
subsequent performance reports. The AFH, CP and AAP are dependent on the involvement of
citizens participation in the development and implementation of the plans and any plan revisions
required to address the community’s needs.
The City of Phoenix encourages and promotes the involvement of its citizens in the development
and implementation of its AFH, CP and AAP. The City’s various citizens’ commission, residents of
public and assisted housing, neighborhood-based groups, nonprofit organizations, developers,
low- and moderate-income residents of targeted revitalization areas, faith-based organizations,
philanthropic organizations, and others are integral partners in the planning and implementation
processes.

ENCOURAGEMENT OF CITIZEN PARTICIPATION
The City shall provide for and encourage citizen participation in the development of the AFH, CP,
AAP, performance reports and any substantial amendments to these described documents.
It is particularly important that low- and moderate-income persons living in areas designated by
the City as special targeted areas or revitalization areas where CDBG funds are proposed to be
used, and by residents of predominately low- and moderate-income neighborhoods as defined
by the City through the CP and AAP be encouraged to participate. Accommodations will be
made to remove barriers and encourage participation by all citizens, English and non-English
speaking. The City shall make reasonable accommodations to make all documents referenced in
this CPP in format(s) to persons with disabilities, upon request. The City shall make reasonable
accommodations to provide language assistance to ensure meaningful access and encourage
participation by non-English speaking residents of the community. Special efforts will be made to
reach out to communities protected by Fair Housing Act, specifically minority, immigrant, and
disability communities.
The City shall elicit the participation of the residents of public and assisted housing in
consolidated plan developments and review. This includes any resident advisory boards, resident
councils, and resident management corporations. The City shall provide information to the
Public Housing Authority (PHA) about the CP related activities such as the AFH, Affirmatively
Furthering Fair Housing (AFFH), so that the PHA can make this information available at the
annual public hearing(s) required for the PHA Plan.
The City shall encourage participation of local and regional institutions, Continuums of Care, and
other organizations including businesses, developers, nonprofit organizations, philanthropic
organizations, and community-based and faith-based organizations. During the development of
the AFH, the City shall also consult with broadband internet service providers, organizations
engaged in narrowing the digital divide, agency(ies) whose primary responsibilities include the
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management of flood prone areas, public land, or water resources, and emergency management
agencies in the development process. Information from these partners will be included in the
AFH and utilized when appropriate in the development of the CP or AAP.
The City will explore and implement alternative public involvement techniques and quantitative
ways to measure efforts that encourage citizen participation, including but not limited to the use
of focus groups, surveys and the Internet.
The City shall provide citizens with a reasonable opportunity to comment on the original Citizen
Participation Plan (CPP), on substantial amendments to the CPP, and shall make the CPP public.
The City may additionally adopt and implement department policies and procedures to further
clarify the citizen participation process for any of these referenced plans, while still maintaining
the requirements of this CPP.

PUBLIC HEARINGS, NOTICE AND OUTREACH
All public hearings as required by HUD or stated in this document, will be noticed at least two
weeks before the actual meetings are conducted and be noticed in a newspaper(s) with general
circulation. All postings will include relevant information to permit informed citizen comment.
Together, the hearings will address housing and community development needs, development
of proposed activities, proposed strategies and action for affirmatively furthering fair housing
consistent with the AFH, and review of program performance. One of the public hearings will be
held before the proposed CP is published for comment.
Every effort will be made to ensure public hearings are inclusive. A bilingual (Spanish/English)
staff person will be present at a public hearing to meet the needs of non-English speaking
residents where a significant number of non-English speaking residents can be reasonably
expected to participate. All public hearings to be conducted will be held at a time and location
convenient to prospective program beneficiaries. If notice is hereby given at least three working
days in advance, the City will provide appropriate materials, equipment and interpretation
services to provide accommodations for persons with disabilities or impairments (i.e. visual
and/or hearing).
Public hearings will be held in facilities that meet section 504 of the Rehabilitation Act of 1973
and the regulations at 24 CFR part 8; and the Americans with Disabilities Act and the regulations
at 28 CFR parts 35 and 36 as applicable.
The CARES Act, Public Law 116-136, enacted on March 27, 2020, includes a waiver
allowing the elimination of the in-person public hearing requirement for consolidated
plan amendments and allows for the implementation of at least one virtual hearing
public hearing when 1) national and or local health authorities recommend social
distancing and limiting public gatherings for public health reasons; and 2) virtual hearings
provide reasonable notification and access for citizens, timely responses from local
officials to all citizen questions and issues, and public access to all questions and
responses.


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Information about the time, location, and subject of each Public Hearing will be noticed to
citizens in advance by:
a) publication in a newspaper of general circulation;
b) relevant City email distribution lists;
c) publication on one of the City’s webpages at www.phoenix,gov.


DEVELOPMENT OF THE AFH, CONSOLIDATED PLAN OR ANNUAL ACTION PLAN
Citizens, public agencies, and other interested parties will be made aware of the following
information through the publishing of the draft plans:
At the commencement of the public participation process, the City will make the HUD-provided
planning data and other supplemental information regarding the City’s plan to incorporate the
AFH, CP and AAP available to the residents, stakeholders, public agencies, and other interested
parties. The information may include cross-references with the HUD website.
The City will post the plans, AFH, CP and AAP, along with the performance reports on the City of
Phoenix website.
The amount of Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG),
HOME Investment Partnerships (HOME), Housing Opportunities for Persons with AIDS (HOPWA)
and HUD resources anticipated to be made available within the City on a fiscal basis, as well as
the amount benefitting low- and moderate-income persons, and the eligible range of activities
that may be undertaken concerning such federal programs.
The City discourages the displacement of person assisted through the use of CDBG, HOME, ESG,
HOPWA or other HUD resources. The policies to be followed are described in the City’s
Residential Anti-Displacement and Relocation Assistance Plan.
The City shall provide a narrative on the housing and non-housing community development
needs as outlined from the citizen participation efforts/activities undertaken by the City,
community-based data sources, and HUD related information.
The City will conduct at least two public hearings concerning the development of the AFH, CP or
AAP. The first hearing will be held at a time to be determined by the City during the formulation
and preparation of the AFH, CP or AAP as applicable. The second hearing will be held once a
draft document of the plan has been completed.
The City will make available its draft AFH , CP or AAP on the City of Phoenix website, at selected
libraries and City offices for a 30-day public comment period. The City shall provide a
reasonable number of copies to individuals and groups free of charge upon request. The public
shall be noticed of this fact in a newspaper(s) with general circulation, email notifications,
through social media outlets, and be apprise of the locations where citizens may review copies of
the draft plans.

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The CARES Act, Public Law 116-136, enacted on March 27, 2020, includes a
waiver allowing the following in an effort to prevent, prepare for and
respond to the COVID-19 national pandemic:
• reduction of the 30-day public comment period and the
implementation of a public comment period of no less than 5 days in
an effort to expedite the consolidated plan substantial amendment
process and allow the City to respond as quickly as possible to the
immediate needs in the community.
• the elimination of the in-person public hearing requirement for
consolidated plan amendments and allows for the implementation of
at least one virtual public hearing when 1) national and or local health
authorities recommend social distancing and limiting public
gatherings for public health reasons; and 2) virtual hearings provide
reasonable notification and access for citizens, timely responses from
local officials to all citizen questions and issues, and public access to
all questions and responses.

Additionally, social distancing requirements enacted through the COVID-
19 state of emergency do not allow access to public libraries. As a
result, any consolidated plan amendments needed during the COVID-19
state of emergency, will be posted to the City of Phoenix website and
will not be available at selected public libraries.

Comments received on the draft AFH, CPP, or AAP in writing, or orally at the public hearing, will
be considered in preparing the final AFH, CPP, or AAP. A summary of these comments, and a
summary of comments not accepted and reasons, will be attached to the final AFH, CPP, or AAP.

AMENDMENTS RELATING TO THE CONSOLIDATED PLAN AND ANNUAL ACTION PLAN
Revisions and amendments may be deemed necessary throughout the term of the CP or AAP.
The U.S. Department of Housing and Urban Development describes two levels of changes that
require amendments to the CP or AAP. There are lesser level changes that will require
“amendments” and greater level proposed changes that will require “substantial amendments.”
For the purposes of discussion below regarding amendments to the CP or AAP, “activities” shall
mean those projects/programs proposed to be funded through CDBG, HOME, HOPWA, ESG,
Neighborhood Stabilization Program (NSP1), Neighborhood Stabilization Program II (NSP2),
Neighborhood Stabilization Program III (NSP 3), Housing Opportunities for People Everywhere
(HOPE VI), Homelessness Prevention and Rapid Re-housing and other program as described in
the AAP submitted to the U.S. Department of Housing and Urban Development.
Where proposed changes, revisions, and amendments will change projects and programs funded
through federal formula HUD grants and related HUD special grants, outlined in the AAP, CP or
AFH, the proposal will include a description of how the proposed changes, revisions, and
amendments will affect the AFH, CP or AAP and the community.


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I. Amendment – Should any of the following items occur or is not described in II.
Substantial Amendment below, it would be considered an amendment to the CP or
AAP:
a) Making a change in the allocation priorities or methods of distribution of funds
delineated in the CP or AAP.
b) Carrying out an activity, using funds from a program covered by the CP or AAP
(including program income, reimbursements, repayment, recaptures, or
reallocations from HUD), not previously described in the CP or AAP.
c) Changing the purpose, scope, location, or beneficiaries of an activity.

An amendment will be posted for public review and comment for 30 days, unless
HUD establishes a different time period (i.e. an official waiver posted by HUD), and
will be approved by the City Council before it is submitted to HUD.

II. Substantial Amendment – A substantial amendment shall be defined as follows:
For CDBG:
a) Any single change in the planned actual use of CDBG funds, as stated in the AAP,
which exceeds 20 percent of the City of Phoenix’s annual entitlement amount, or
b) Any collective change in the planned or actual use of CDBG Funds that when
accumulated for a new use or adding grant entitlement funds to an existing use,
exceeds 20 percent of the City of Phoenix’s annual entitlement amount
For HOME, HOPWA, and ESG:
a) Any single change in the planned or actual use of HOME, HOPWA or ESG funds, as
stated in the AAP, which exceeds 20 percent of the City of Phoenix’s annual
amount for each entitlement program or
b) Any collective change in the planned or actual use of HOME, HOPWA or ESG
funds that, when accumulated for a new use or adding grant entitlement funds to
an existing use, exceeds 20 percent of the City of Phoenix’s annual amount for
each entitlement program.
For NSP1, NSP2, NSP3, HOPE VI, and Homelessness Prevention and Rapid Re-housing:
a) Any single change in the planned or actual use of NSP1, NSP2, NSP3, HOPE VI,
Homelessness Prevention and Rapid Re-housing which exceeds 20 percent of the
City Phoenix grant award, or
b) Any collective changes in the planned or actual use of NSP1, NSP2, NSP3, or HOPE
VI, or Homelessness Prevention and Rapid Re-housing funds that when
accumulated for a new use of adding grant entitlement funds to an existing use,
exceeds 20 percent of the City of Phoenix grant award for each entitlement
program.




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CITIZEN COMMENT ON CITIZEN PARTICIPATION PLAN AND AMENDMENTS
Prior to the adoption of the CPP noted herein, it will have been noticed in a newspaper(s) of
general circulation that the CPP is available for public review and comment for at least 30
calendar days, unless HUD establishes a different time period (i.e. an official waiver posted by
HUD).
I. Amendment – All CPP changes not described under II. Substantial Amendment
below, will be considered Amendments. Examples of Amendments may include, but
are not limited to:
a) updates to City contact and access to information related to the Consolidated Plan,
Annual Action Plan, or CPP;
b) the modes and means of public outreach or notification utilized as part of the
processes described in the CPP;
c) clarifications of terms used in the document; and
d) amended CFR's referenced in the Plan that do not substantially change the
information included in the Plan.
An amendment will be posted for public review and comment for 30 days, unless HUD
establishes a different time period (i.e. an official waiver posted by HUD), and will be
approved by the City Council before it is submitted to HUD or posted as the final document
for public access.
II. Substantial Amendment – Should any of the following items occur, it would be
considered a Substantial Amendment to the CPP:
a) A change in the definition of a Substantial Amendment for the Consolidated Plan,
AAP, or Citizen Participation Plan; or
b) A change in the required public notification periods or public hearings; or
c) A change to the City's policies or procedures regarding citizen participation, to such
an extent it can no longer reasonably be construed as meeting the original intent
approved by City Council and HUD per 24 CFR Part 91.105.

PUBLIC HEARING AND COMMENT PERIOD: SUBSTANTIAL AMENDMENTS
Once drafted, the text of a Substantial Amendment of the CP, AAP or CPP will be made available
for public comment and will be approved by City Council prior to submission to HUD. The City
will undertake the following:
a) Provide notice of the proposed Substantial Amendment(s) in a newspaper(s) of
general circulation to enable review and comment by the public for at least 30 days,
unless HUD establishes a different time period (i.e. an official waiver posted by
HUD).
• The CARES Act, Public Law 116-136, enacted on March 27, 2020, includes a waiver
allowing the reduction of the 30-day public comment period and the
implementation of a public comment period of no less than 5 days in an effort


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to expedite the consolidated plan substantial amendment process and allow
the City to respond as quickly as possible to the immediate needs in the
community.
b) Publication on one of the City’s webpages at www.phoenix.gov.
c) Notice through relevant City email distribution lists.
d) Conduct at least one public hearing in accordance with page 3, section titled “Public
Hearings, Notice and Outreach” of this plan;
e) Submit the amendments to the City Council for approval.
f) Notify HUD of any amendments executed and conduct the necessary steps to
receive HUD approvals, if required.
Comments received on draft Substantial Amendments in writing, or orally at the public hearing,
will be considered in preparing the final Substantial Amendment. A summary of these
comments, and a summary of comments not accepted and the reasons, in addition to edits
made to the draft during the public comment period will be documented in the Substantial
Amendment program file and submitted to HUD when required.


PUBLIC COMMENT PERIOD: PERFORMANCE REPORTS (CAPER)
An annual performance report known as the Consolidated Annual Performance and Evaluation
Report (CAPER) must be prepared by the City for annual submission to HUD within 90 days of the
conclusion of the City’s program year.
The City will provide reasonable notice of the CAPER in a newspaper(s) of general circulation to
enable review and comment by the public for at least 15 days. The notice will state where the
CAPER may be obtained, which will include one of the City’s webpages at www.phoenix.gov. The
City shall consider any comments made in the preparation of the final CAPER and attach a
summary of such comments to the report.

ASSESSMENT OF FAIR HOUSING
The City shall conduct one public hearing before the proposed AFH is published for comment.
The public hearing shall be noticed at least two weeks before the actual meeting is conducted
and be noticed in a newspaper(s) with general circulation. All postings will include relevant
information to permit informed citizen comment. The public hearing time and location shall be
convenient to potential and actual beneficiaries and with accommodation for person with
disabilities. A bilingual (Spanish/English) staff person will be present at public hearing to meet
the needs of non-English speaking residents where a significant number of non-English speaking
resident can be reasonably expected to participate. All public hearings to be conducted will be
held at a time and location convenient to prospective program beneficiaries and be conducted
with accommodations for person with disabilities (as requested in advance by at least three
working days).
Public hearings will be held in facilities that meet section 504 of the Rehabilitation Act of
1973and the regulations at 24 CFR part 8; and the Americans with Disabilities Act and the
regulations at 28 CFR parts 35 and 36 as applicable.
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AVAILABLITY TO THE PUBLIC
The City of Phoenix will make available to the public all documents and plans referenced in this
CPP, including the availability of materials in a form accessible to person with disabilities, upon
request. Materials will be made available through the City of Phoenix website. These materials
are available by telephoning the Neighborhood Services Department at 602-534-4444 or TTY 7-
1-1.

ACCESS TO RECORDS
The City will provide citizens, public agencies, and other interested parties with reasonable and
timely access to the AFH, consolidated plan, and public records relating to its past use of CDBG,
HOME, ESG, HOPWA and other HUD funds and related assistance for the previous five years.

TECHNICAL ASSISTANCE
The City will provide assistance to group representatives of low- and moderate-income persons
that request help in developing proposal for funding under the CDBG, ESG, HOPWA, HOME and
other HUD programs as described in the AFH and consolidated plan.

COMMENTS AND COMPLIANTS
Comment on the draft consolidated plan or substantial amendment received in writing, or orally
at the public hearing, will be considered in preparing the final consolidated plan or substantial
amendment. A summary of these comments, and a summary of comments not accepted and
the reasons there, will be attached to the final consolidated plan or substantial amendment.
Any citizen, organization or group desiring to make a complaint regarding the Consolidated Plan
may do so in writing to the City’s Neighborhood Services Department, 200 West Washington
Street, Fourth floor, Phoenix, AZ 85003. The City, where applicable and practical, will respond to
written citizen complaints in writing with 15 days from their receipt of such.

ANTI-DISPLACEMENT PLAN
The City discourages the displacement of person assisted through the use of CDBG, HOME, ESG,
HOPWA or other HUD resources. The policies to be followed are described in the City’s
Residential Anti-Displacement and Relocation Assistance Plan.

STATES OF EMERGENCY/DISASTER EVENTS
During declared states of emergency, national pandemics, disaster events, and public health
issues such as the coronavirus, it may be necessary to expedite substantial amendments to the
CP.
These expedited substantial amendments may include funding new activities and/or
reprogramming of funds to meet community needs resulting from the state of emergency or
disaster event. As a result, the City may utilize CDBG, HOME, ESG, HOPWA or other HUD
resources, to meet these needs with a 5-day public comment period instead of a 30-day public
comment period which is otherwise required for substantial amendments. Additionally, during a
state of emergency or disaster event, in person public hearings will not be required and virtual
hearings will be acceptable. Please be advised that if virtual hearings are used, real-time

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responses and accommodations for persons with disabilities and/or with limited English
proficiency will be made available to the greatest extent possible. During states of emergency or
disaster events, advertisements and public notices may be made available solely on the City of
Phoenix website.




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GLOSSARY OF TERMS
Annual Action Plan (AAP) - a specific one-year plan for the use of U.S. Department of Housing
and Urban Development (HUD) formula grant funds. The formula grant programs included in
the Consolidated Plan consist of the Community Development Block Grant (CDBG), HOME
Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing
Opportunities for Persons with AIDS (HOPWA) programs. The one-year action plan is based
upon the priority needs defined in the Consolidated Plan.

Affirmatively Furthering Fair Housing (AFFH) - taking meaningful actions, in addition to
combating discrimination, that overcome patterns of segregation and foster inclusive
communities free from barriers that restrict access to opportunity based on protected
characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions
that, taken together, address significant disparities in housing needs and in access to
opportunity, replacing segregated living patterns with truly integrated and balanced living
patterns, transforming racially or ethnically concentrated areas of poverty into areas of
opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
The duty to affirmatively further fair housing extends to all of a program participant's activities
and programs relating to housing and urban development.

Assessment of Fair Housing (AFH) - the identification and evaluation of barriers to fair housing
choice and contributing factors that exist.

Citizen Participation Plan (CPP) - a detailed plan that sets forth policies and procedures that
encourage and promote the involvement of its citizens in the development and implementation
of its Assessment of Fair Housing, Consolidated Plan and Annual Action Plan.

Community Development Block Grant (CDBG) - are funds, including funds received in the form of
grants under subpart D, F, or §570.405 of 24 CFR 570 (definitions), funds awarded under section
108(q) of the Housing and Community Development Act of 1974, loans guaranteed under
subpart M of 24 CFR 570 (definitions), urban renewal surplus grant funds, and program income
as defined in §570.500(a)

Consolidated Plan (CP) - the plan prepared in accordance with 24 CFR part 91, which describes
needs, resources, priorities, and proposed activities to be undertaken with respect to HUD
programs, including the CDBG, HOME, ESG and HOPWA programs. An approved consolidated
plan means a consolidated plan that has been approved by HUD.

Emergency Solutions Grant (ESG) – is a program authorized by subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371-11378). The program authorizes the
Department of Housing and Urban Development (HUD) to make grants to States, units of
general-purpose local government, and territories for the rehabilitation or conversion of
buildings for use as emergency shelter for the homeless, for the payment of certain expenses

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related to operating emergency shelters, for essential services related to emergency shelters and
street outreach for the homeless, and for homelessness prevention and rapid re-housing
assistance.

HOME Investment Partnerships (HOME) - are grants to states and units of general local
government to implement local housing strategies designed to increase homeownership and
affordable housing opportunities for low and very low-income Americans.

Housing Opportunities for Persons with AIDS (HOPWA) - are formula allocations and
competitively awarded grants to eligible states, cities, and nonprofit organizations to provide
housing assistance and related supportive services to meet the housing needs of low-income
persons and their families living with HIV/AIDS.

HUD - The U.S. Department of Housing and Urban Development (HUD). HUD established the
regulations and requirements for the program and has oversight responsibilities for the use of
CDBG funds.

Low- and moderate-income person(s) - a member of a family that has an income equal to or less
than the Section 8 very low-income limit established by HUD. Unrelated individuals shall be
considered as one-person families for this purpose.

Neighborhood Stabilization Program (NSP) – this program was established by HUD for the
purpose of providing emergency assistance to stabilize communities with high rates of
abandoned and foreclosed homes, and to assist households whose annual incomes are up to 120
percent of the area median income (AMI). The program is authorized under Title III of the
Housing and Economic Recovery Act of 2008.
NSP1 - The Housing and Economic Recovery Act of 2008 provided a first round of formula
funding to States and units of general local government, and is referred to as NSP1.
NSP2 - The American Recovery and Reinvestment Act provided a second round of funds
in 2009 awarded by competition, and is referred to as NSP2.
NSP3 – The third round provided in 2010 as part of the Dodd-Frank Wall Street Reform
Act and was allocated by formula, and is referred to as NSP3.

Program Income - gross income received by the recipient or a subrecipient directly generated
from the use of CDBG funds, except as provided in 24 CFR 570.500, paragraph (a)(4).

Public Housing Authority (PHA) - any state, county, municipality, or other governmental entity or
public body, or agency or instrumentality of these entities, that is authorized to engage or assist
in the development or operation of low-income housing under the 1937 Act.

Source(s): 24 CFR Part 5, 24 CRF 91, 24 CFR 92, 24 CFR 570, 24 CFR Part 574, and 24 CFR Part 576



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Item text
Intergovernmental Agreement for Diverting, Treating, and Transporting City of
Glendale's Water and for Supplying Water to the City Under Emergency
Conditions (Ordinance S-47980)

Request to authorize the City Manager, or his designee, to execute an
Intergovernmental Agreement between the City of Phoenix and the City of Glendale for
the City of Phoenix to: divert, treat, and transport the City of Glendale’s water through
the City of Phoenix’s water infrastructure; and supply the City of Glendale with water
under emergency conditions. Further request to authorize the City Treasurer to accept
all funds related to this item.

Summary
This Intergovernmental Agreement (IGA) with the City of Glendale (Glendale) will allow
the City of Phoenix (Phoenix) to divert, treat, and transport Glendale’s water and,
if/when needed, supply water to Glendale under emergency conditions. Glendale will
pay Phoenix for the cost of service to divert, treat, and transport Glendale’s water.
Under emergency water supply conditions, Glendale will pay the standard outside City
rates established by Code. Glendale will be responsible for all costs associated with
construction and operation of an interconnection with Phoenix's existing water
distribution system.

Contract Term
The term of the agreement is 10 years, with an option to extend the term for another
10 years.

Financial Impact
There is no net financial impact to the City.

Location
Council District: Out of City

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.



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Item text
Intergovernmental Agreement for Diverting, Treating, and Transporting City of
Tempe's Water and for Supplying Water to the City Under Emergency Conditions
(Ordinance S-47981)

Request to authorize the City Manager, or his designee, to execute an
Intergovernmental Agreement between the City of Phoenix and the City of Tempe for
the City of Phoenix to: divert, treat, and transport the City of Tempe’s water through the
emergency conditions. Further request to authorize the City Treasurer to accept all
funds related to this item.

Summary
This Intergovernmental Agreement (IGA) with the City of Tempe (Tempe) will allow the
needed, supply water to Tempe under emergency conditions. Tempe will pay Phoenix
for the cost of service to divert, treat, and transport Tempe’s water. Under emergency
water supply conditions, Tempe will pay the standard outside City rates established by
Code. Tempe will be responsible for all costs associated with construction and
operation of an interconnection with Phoenix's existing water distribution system.

Contract Term
The term of the agreement is 10 years, with an option to extend the term for another
10 years.

Financial Impact
There is no net financial impact.

Location
Council District: Out of City

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




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Item text
Ground Lease for Development of University of Arizona Central Chilled Water
Plant (Ordinance S-47970)

Request to authorize the City Manager, or his designee, to enter into a ground lease
and other agreements as necessary with the Arizona Board of Regents (ABOR), on
behalf of the University of Arizona (UA), for the development of a chilled water plant on
the Phoenix Biomedical Campus (PBC) in downtown Phoenix. Further request
authorization for the City Treasurer to accept funds. There is no impact to the General
Fund as a result of this action.

Summary
In 2004, the City entered into an Intergovernmental Agreement (IGA), City Contract
No. 109415, with the ABOR that included options for the UA to lease and/or purchase
certain real property from the City, as land owner, within the PBC. In 2010, the City
entered into a ground lease agreement with the ABOR, on behalf of the UA, for the
development of the Health Sciences Education Building, and subsequently, in 2014,
entered into a separate ground lease for the development of the Biosciences
Partnership Building. In 2018, the City amended the IGA to further clarify UA
development rights on the PBC.

Staff requests approval to enter into a new ground lease, and other agreements as
necessary, with the ABOR, on behalf of the UA, to allow the UA to develop a chilled
water plant that will serve the UA's current and future operations on the PBC. The
chilled water plant will be located on approximately 12,000 square feet of the Fillmore
and 7th streets parcel, approximately 100 feet south of Fillmore Street on the western
edge of the parcel. Subject to City Council approval, the following major business
terms have been negotiated:

· UA will lease the site from the City for the development of a central chilled water
plant for a term of 30 years at $1.85 per square foot per year with a 3 percent
annual escalator. Rent will begin seven years after the construction completion
date.
· Construction shall not exceed 36 months. Rent will be abated during the
construction period up to 36 months. However, construction that exceeds 36



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months shall be charged rent at $1.85 per square foot per year until the
construction completion date.
· UA will ensure the development and all appurtenant devices are fully screened, with
the incorporation of art and landscaping to be approved by the City.
· UA will ensure the north-south walkway through the PBC, the "pedestrian spine," is
maintained and will be fully constructed at the time of the next building construction.
· UA will maintain all necessary fire access.
· UA will provide for any parking stalls that are displaced due to the development
based on the City's Planning and Development Department regulatory
requirements.
· UA will address lot line adjustments as needed on lots controlled by the UA
throughout the PBC.
· At the expiration of the ground lease term, the leased premises will convey to the
UA.

Contract Term
The ground lease term for the development of the central chilled water plant will be for
a term of 30 years.

Financial Impact
There is no impact to the General Fund as a result of this action. Rent received as a
result of the request will be deposited into the Genomics Facilities and Operations
Fund.

Concurrence/Previous Council Action
On Dec. 3, 2003, City Council authorized, via Ordinance S-30511, the original
agreements with UA on the PBC. On May 31, 2017, City Council authorized, via
Ordinance S-43591, an amendment to the IGA with UA for the continued development
and leasing of PBC parcels including this location.

Location
A portion of the southwest corner of 7th and Fillmore streets in downtown Phoenix.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development Department.




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Fillmore St




The Site




7th St
5th St




Van Buren St
N




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Item text
Fiscal Year 2021-22 Bioscience Healthcare Strategic Initiative (Ordinance S-
47976)

Request to authorize the City Manager, or his designee, to implement the Bioscience
Healthcare Strategic Initiative, including authorization of an Arizona Bioindustry
Association (AZBio) membership and participation at the BIO International Convention
in 2022. Also, request authorization for the City Treasurer to accept funds from the
City's BIO Convention partners to offset costs associated with the 2022 Convention
expenses, and for the City Controller to disburse funds associated with this request.
There is no impact to the General Fund. Funding is available in the Genomics
Facilities and Operations Fund, with the request not to exceed $105,000.

Summary
Phoenix has grown to be a hub of bioscience activity in the Southwestern U.S. CBRE,
a national commercial real estate firm, ranked Phoenix fifth in the nation as an
Emerging Life Science Market in their 2020 annual U.S. Life Science Report. Much of
this success is due to Phoenix’s world-class medical centers, innovative research
institutions, pro-business environment, a growing educated population, dedicated
universities and community colleges, and the spirit of entrepreneurship. In order to
build upon these strengths, staff is continuing to implement a strategic plan introduced
in 2018 designed to grow, strengthen and sustain a healthy bioscience industry. Since
the launch of this effort, there has been an acceleration of investment and growth in
the bioscience industry in Phoenix. By the end of 2021, more than $3.25 billion will
have been invested in new and expanded bioscience and healthcare facilities, and
more than five million square feet of space for discovery, development and care
delivery creating more than 8,000 jobs for Phoenix residents.

Staff has focused its economic development efforts in the areas of research,
development, precision medicine, healthcare delivery, health-tech and education.
Focusing on these areas strengthens and solidifies Phoenix as a leader in the nation’s
bioscience healthcare industry. The Community and Economic Development
Department (CEDD) will continue to ensure there is a world-class real estate inventory
that meets the unique needs of bioscience companies. This commitment includes
support of the downtown Phoenix Biomedical Campus (PBC) and the Arizona
Biomedical Corridor in North Phoenix, in addition to other submarkets within the City.


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Specifically, CEDD has been working closely with Arizona State University (ASU) and
its development partner, Wexford Science & Technology, to bring prospective tenants
to the first phase development on the PBC north of Fillmore Street, the 850 PBC
building. In the 850 PBC building, ASU is a major tenant in the building along with the
expansion of the Center for Entrepreneurial Innovation with its new LabForce program
to train individuals with the skills needed to work in a lab setting. Other tenants within
the new building include bioscience companies and a co-working accelerator lab that
will generate new companies and jobs in Phoenix.

In order to maintain the City's position in the bioindustry, CEDD is requesting to
continue the City's annual membership with the AZBio, the only statewide organization
exclusively focused on building Arizona’s bioindustry. AZBio is committed to building a
top-tier life science industry in Arizona and is a critical partner for Phoenix. As
specialists, AZBio provides industry insight, programs specifically designed for life
science organizations, visibility into investment opportunities, and a voice for the
industry in the media, across the community, and with elected leaders and government
agencies at the local, state, and federal levels. The AZBio annual membership cost is
$15,000 for Fiscal Year 2021-22.

Another key effort is the promotion of Phoenix's bioscience efforts nationally and
internationally by attending the 2022 BIO International Convention to be held in San
Diego. Due to the COVID-19 pandemic, the 2021 BIO Convention was held virtually
with more than 6,200 attendees and 55 countries represented. As a sponsor of Start-
Up Stadium, the City of Phoenix was able to nominate three Phoenix-based
companies that were selected as finalists. These three early-stage companies were
able to engage with key members of the investment community, venture philanthropy
groups, and BIO attendees. Along with CEDD, representatives from the University of
Arizona (UA), ASU, AZBio, Wexford Science & Technology, the Flinn Foundation and
25 Phoenix-based biomedical companies joined the delegation. The delegation held
more than 300 productive virtual meetings. Attendance at this unique virtual gathering
provided valuable networking and partnership opportunities and synergy with the City's
attending partners looking to promote their research and products to a global
audience. The knowledge and contacts generated by attending this convention will be
used in communicating the City's competitive advantage, existing ecosystem and
resources in Phoenix to attract and grow companies in this industry to thrive and
generate quality jobs for the community.

Planning is currently underway, subject to City Council authorization of funding, for the
2022 BIO Convention. Preliminary estimates for participation such as booth,
sponsorships, advertising, equipment, and shipping costs total approximately $90,000.
This includes the one-time purchase of a new booth structure, including design and


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creation of booth paneling and branding. Last fiscal year, City Council approved
CEDD's request to purchase the new booth structure. However, due to the pandemic,
and the virtual nature of the 2021 BIO International Convention, the booth was not
purchased as previously planned and authorized. Staff will also work with industry
partners, such as the UA, ASU, and the Translational Genomics Research Institute
(TGen) to co- locate at the convention. This shared effort may allow the City to reduce
its costs and boost visibility while assisting its partners in promoting Phoenix.

These continued efforts enable CEDD staff to showcase Phoenix's citywide assets and
ensure success of future projects. CEDD and its partners continue to generate
qualified prospects to create a pipeline of businesses considering expansions and/or
relocations to Phoenix through a multi-faceted marketing approach targeted at this
industry. Phoenix's involvement and partnership with AZBio and the BIO International
Convention elevates the City's visibility as a hub for bioscience, building a critical mass
of bioscience and healthcare-related companies and attracting and developing top
talent vital to sustain the long-term growth of this thriving industry.

Financial Impact
There is no impact to the General Fund. Funding for the AZBio membership and to
participate in BIO International 2022 will not exceed $105,000 total for both efforts.
Funding is available in the Genomic Facilities and Operations Fund. Funding received
from the City's BIO International Convention partners shall reimburse the Genomic
Facilities and Operations Fund.

Concurrence/Previous Council Action
This item was recommended for approval by the Economic Development and Equity
Subcommittee at the Sept. 28, 2021, meeting by a vote of 4-0.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development Department.




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Maricopa Community Colleges Foundation Collide Arizona Events Programming
Sponsorship (Ordinance S-47977)

Request to authorize the City Manager, or his designee, to approve a one-year
Founders Circle sponsorship to launch the Maricopa Community Colleges
Foundation's Collide Arizona Events Programming on the Phoenix Biomedical Campus
(PBC) with two, one-year extension options at the City's discretion. The annual
sponsorship amount is $50,000, for a total amount not to exceed $150,000, if all
options are exercised. Further request authorization for the City Controller to disburse
all funds related to this item. There is no impact to the General Fund. Funding is
available in the Genomics Facilities and Operations Fund.

Summary
Collide AZ (Collide) is a collaborative initiative to bring people of all backgrounds
together with a shared vision of building and sustaining an inclusive community that
champions innovation in Arizona. This will be accomplished through weekly gatherings
of meaningful events that connect, inspire, and encourage participants to take positive
action and support one another’s goals. Collide will be a community-driven movement
to unleash local and state-wide potential and make Arizona a leader in innovation.

Collide's event programming will facilitate weekly events to encourage connectivity and
collaboration and will serve to enhance Phoenix’s ecosystem and infrastructure to
support the growth of existing Phoenix companies, both in early stage development or
mature organizations, along with the formation of new companies leading to the
creation of new jobs for Phoenix residents.

Collide is modeled after the successful Thursday Gatherings of Venture Café programs
taking place in Wexford Science+Technology innovation communities that have served
to grow and strengthen the innovation districts in those respective communities.
Collide events will be free, open to the public and serve to connect attendees to
employers, innovators, academic educators/researchers, business mentors, and the
community. Presentations and breakout sessions will be purposely curated to support
the community’s connectivity, foster collaborations, talent and workforce development,
business strengthening and access to resources. Collide will serve to strengthen
Phoenix’s entrepreneurial ecosystem and enhance the City's Bioscience Healthcare
Strategic Initiative.

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Collide plans to host 44 events in calendar year 2022 with a goal of more than 6,000
attendees who will all convene on the downtown PBC, elevating its visibility as a
premier location for companies to locate for bioscience research, collaboration, and
access to talent.

Collide will be hosted on the PBC at the 850 PBC building and will include benefits
such as:
· A convening hub of innovators from the region;
· Elevating the PBC’s brand as a premier location for bioscience-related companies
and Phoenix's robust bioscience ecosystem;
· Increasing partnerships between, and among, the City of Phoenix, academia,
industry, the startup ecosystem, arts and culture;
· Curating meaningful events that connect, inspire / encourage participants to take
positive action;
· Prioritizing participation and support of attendees with marginalized identities;
· Enhancing infrastructure for research, education, entrepreneurship, arts and
culture;
· Access to one-on-one mentoring with subject matter experts;
· Bringing entrepreneurs, researchers, investors, artists, designers, corporate
innovators, technologists, etc. together to:
1. Find commonalities;
2. Share knowledge from different perspectives;
3. Forge partnerships; and
4. Explore opportunities for collaborations.

Founders Circle sponsorship benefits include:
· A seat on the Leadership Council to be held by the Mayor or the Mayor's designee;
· Featured on Collide's website with prominent logo placement;
· Recognition at all events including announcements at beginning and end of event
programs;
· Inclusion in marketing material, social media, and Collide's newsletter.

In addition, Community and Economic Development Department staff will be actively
engaged in the planning and attending of events to pursue opportunities for business
recruitment, retention and expansion, and facilitate introductions to workforce
development services and programs.

The organizational framework will include the Center for Entrepreneurial Innovation


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(CEI) to serve as the host institution along with providing programming and financial
management. Through CEI, Collide will hire a Program Director and event staff to
support the program. Collide will provide the City with an annual report of metrics of
attendance, voluntarily collected demographics of attendees, qualitative and
quantitative information from surveys, and engagement metrics.

Financial Impact
The annual fee for a Founders Circle sponsorship is $50,000. If the additional two,
one-year options for a Founders Circle Sponsorship are approved and exercised, the
total amount will not exceed $150,000. There is no impact to the General Fund.
Funding is available in the Genomic Facilities and Operations Fund.

Concurrence/Previous Council Action
This item was recommended for approval by the Economic Development and Equity
Subcommittee at the Sept. 28, 2021 meeting by a vote of 3-0.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development department.




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Enter into Sister Cities Agreement with Suwon, South Korea (Ordinance S-
48002)

Request to authorize the Mayor of Phoenix, or her designee, to enter into a Sister
Cities agreement with Suwon, South Korea in support of youth and education
exchanges, municipal and technical cooperation, business, and arts and culture.

Summary
Phoenix Sister Cities, Inc. (PSC) is a 501(c)(3) nonprofit organization established in
1972. It is responsible for coordinating exchange programs in youth and education,
municipal and technical cooperation, business, and arts and culture with Phoenix's 10
Sister Cities. Currently, the City of Phoenix has Sister Cities relationships with Calgary,
Canada; Catania, Italy; Chengdu, China; Ennis, Ireland; Hermosillo, Mexico; Himeji,
Japan; Grenoble, France; Prague, Czech Republic; Ramat-Gan, Israel; and Taipei,
Taiwan.

The last sister city to join Phoenix's family was Ramat-Gan, Israel in 2005. In 2016, the
PSC Board of Directors conducted an analysis of cities with which Phoenix customarily
compares itself and discovered that it was falling short in its number of sister cities. At
that time, the Board of Directors prioritized the exploration of additional sister cities
relationships.

In March 2020, Sister Cities International forwarded a request to PSC from Suwon,
South Korea as Suwon expressed an interest in forming a sister cities relationship with
Phoenix. If accepted, Phoenix would be Suwon's first U.S. sister city.

Suwon is the capital of Gyeonggi-do - South Korea's most populous province which
includes Seoul, the national capital. Suwon is very densely populated and is home to
more than 1.2 million people. It is known as the "Samsung Digital City" and has both
nanotech and biotech centers. In addition to Samsung, the SK Group is also
headquartered in Suwon.

For more than 50 years, Suwon has celebrated the Hwaseong Cultural Festival each
fall. The free event includes traditional music and martial arts performances as well as
re-enactments offering a glimpse of 18th century life. The festival is named for the


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Hwaseong Fortress - a UNESCO World Heritage site - and customarily attracts 5,000
participants.

The PSC Board of Directors reviewed this request and found it an advantageous
relationship. Over the past 18 months, staff and PSC volunteers have been
communicating with Suwon to determine the possible nature of the relationship.
Among the many benefits of the proposed relationship are:

· Information sharing between municipal staffs concerning Smart Cities initiatives and
sustainability (especially recycling and circular economy, water and wastewater);
· Youth and education exchanges including the Youth Ambassador Exchange
Program, the expansion of a pilot program involving pairing classrooms around
Science, Technology, Engineering, the Arts and Math (STEAM), Korean culture and
language-learning programs, and opportunities for Teach Abroad;
· Arts, culture and sports exchanges including performances by the Suwon choir,
orchestra and taekwondo groups in Phoenix, a demonstration game between
Suwon's professional team KT Wiz and the Arizona Diamondbacks; and,
· Business exchanges, especially focused on start-ups and high tech.

In addition, South Korea has been identified as a country of interest in the City of
Phoenix international trade strategy.

The PSC Board of Directors recommends that the City Council authorize the Mayor of
Phoenix to sign a Sister Cities agreement, acknowledging the intention of both cities to
engage in mutually-beneficial activities and exchanges, and detailing the ideas
generated to date as a starting point.

If approved, PSC intends to welcome a delegation from Suwon led by Mayor Tae-
young Yeom to sign a Sister Cities agreement at the end of October 2021.

Contract Term
If approved, the term of this contract is in perpetuity until the City of Phoenix or City of
Suwon terminates it.

Financial Impact
Activities and exchanges with Suwon will be privately funded through the efforts of
Phoenix Sister Cities, Inc.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development Department.

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Trade Development Services in Hermosillo and Mexico City Request for
Proposals Contract Award (RFP-CED20-TDS) (Ordinance S-48004)

Request to authorize the City Manager, or his designee, to enter into a contract with
Discover Phoenix and Arizona, LLC, or its City-approved designee, to provide trade
development consulting services in and around Hermosillo, Mexico. The aggregate
amount for this one-year contract will not exceed $90,000. Further request to authorize
the City Controller to disburse all funds related to this item. There is no impact to the
General Fund. Funding is available in the Downtown Community Reinvestment Fund.

Summary
In December 2019, City Council authorized staff to issue a Request for Proposals
(RFP) for Trade Development Consulting Services in Hermosillo and Mexico City to
facilitate activity between Mexico and Phoenix. The City's former trade offices in these
cities closed in July 2019 with the expiration of the previous trade development
consulting services contract.

If approved, Discover Phoenix and Arizona, LLC will:
· Operate the City's trade development services office in Hermosillo, Mexico.
· Conduct one outbound trade mission to Mexico or represent the City in one
business expo in Mexico.
· Develop and enhance business to business connections between Mexico-based
companies and Phoenix-based companies.
· Foster Phoenix business expansion connections for Mexico-based companies
seeking growth opportunities in the U.S.
· Identify perspective Phoenix investments for Mexico-based investors seeking both
development investment opportunities and business ventures in the U.S.

Procurement Information
RFP-CED20-TDS, Trade Development Consulting Services in Hermosillo and Mexico
City, was issued on Feb. 21, 2020 and conducted in accordance with Administrative
Regulation 3.10. The City received three proposals, all responsive, for the Mexico City
office and two proposals for the Hermosillo office, only one of which was responsive.
Shortly after conducting proposer interviews for the Mexico City office, staff was


Page 201

directed to pause all procurement processes while the City focused on efforts to
combat the COVID-19 pandemic and its negative impacts on the community. Recently
staff reviewed this solicitation to determine whether the scope of work still met the
City's needs. Staff recommends moving forward with Discover Phoenix and Arizona,
LLC, the sole responsive proposer, as the recommended proposer for the Hermosillo
office; however, based on shifting market conditions and priorities for Mexico City, staff
has canceled the Mexico City office portion of the RFP and will conduct additional
research that will be beneficial to the future solicitation for these services.

Contract Term
If approved, the term of the contract is for one year with no options to extend.

Financial Impact
The aggregate amount for this one-year contract will not exceed $90,000. There is no
impact to the General Fund. Funding is available in the Downtown Community
Reinvestment Fund.

Concurrence/Previous Council Action
On Dec. 10, 2019, City Council authorized staff to issue an RFP for Trade
Development Services in Hermosillo and Mexico City to facilitate economic activity
between Mexico and Phoenix.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development Department.




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Additional Expenditures for Phoenix Business and Workforce Development
Board Local Plan and Strategic Plan Consulting Services Contract (Ordinance S-
48005)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under City Contract No. 151103 with Sheila Murphy, LLC, or its City-
approved designee, to complete the Phoenix Business and Workforce Development
(PBWD) Board's 2023-26 Strategic Plan and update the 2020-24 Local Workforce
Development Area Plan (Local Plan). Further request authorization for the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $110,000. There is no impact to the General Fund.

Summary
On Oct. 16, 2019, City Council authorized staff to contract with Sheila Murphy, LLC to
prepare the PBWD Board's 2020-23 Strategic Plan and the 2020-24 Local Plan. This
contract award resulted from a formal solicitation issued and conducted by the
Community and Economic Development Department on behalf of the PBWD Board.
During the initial two-year term of the contract, Sheila Murphy, LLC successfully
completed the 2020-2023 Strategic Plan and 2020-2024 Local Plan.

If additional funds are approved, staff will exercise the necessary contract extension
options to complete the following work, including:

· Developing the 2023-26 Strategic Plan. The Strategic Plan gives vision and
direction to the creation of the Local Plan. The PBWD Board's current Strategic
Plan expires on June 30, 2023.
· Labor market and economic updates to the Local Plan, as required every two years
under the Workforce Innovation and Opportunity Act (WIOA). The Local Plan
amendments incorporate provisions consistent with the WIOA legislation and
Workforce Arizona Council policies.

The PBWD Board was established in accordance with the federal WIOA of 2014. The
PBWD Board is responsible for the legislated responsibilities under the WIOA and
addressing the workforce development needs of the local workforce area. The local



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workforce area, known as the ARIZONA@WORK City of Phoenix, serves as a
jurisdiction for the administration of workforce development activities, and execution of
adult, dislocated worker, and youth funds allocated by the State.

Contract Term
The two-year City Contract, No. 151103, began on Nov. 1, 2019, and includes two one
-year renewal options.

Financial Impact
The aggregate value of the current contract is $100,750. If the request to allow
$110,000 in additional expenditures is approved, the revised aggregate value of the
amended contract will increase to an amount not to exceed $210,750. There is no
impact to the General Fund. Funding is available from the City’s allocation of federal
WIOA funds.

Concurrence/Previous Council Action
The original contract award was approved by City Council on Oct. 16, 2019 via
Ordinance S-46097. The Phoenix Business and Workforce Development Board
approved the additional expenditures for the proposed contract amendment at its Sept.
9, 2021 public meeting.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development Department.




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Fire Sprinkler Inspection, Testing and Maintenance (Ordinance S-47971)

Request to authorize the City Manager, or his designee, to enter into contract with
Metro Fire Equipment Inc. to provide fire sprinkler inspection, testing and maintenance
for the Phoenix Convention Center Department (PCCD). The agreement is for five
years and the aggregate value of the contract will not exceed $1,100,000. Request
further authorization for the treasurer to accept, and the City Controller to disburse, all
funds related to this item.

Summary
The PCCD is seeking to enter into a service agreement with Metro Fire Equipment for
a period of five-years for inspections, testing and maintenance of the fire sprinkler
system for the Phoenix Convention Center, theatre venues, and parking garages.

Procurement Information
The recommendation is in accordance with City of Phoenix Administrative Regulation
3.10, following the Invitation for Bid procurement process. There were five Bids
received by the PCCD Financial and Procurement Services section on July 28, 2021.
The offers were evaluated on price, responsiveness to specifications, and
responsibility to provide the required service. The price was determined to be fair and
reasonable. The solicitation notification was publicly posted and available for download
from the City's website.

The Responsive Bidders are as follows:

Metro Fire Equipment Inc.: $126,428.00 Annually
A P Fire Protection LLC.: $138,420.00 Annually
Siemens Industries Inc.: $170,489.12 Annually

Contract Term
The contract term is for five-years.

Financial Impact
The aggregate value will not exceed $1,100,000 over the life of the five-year contract.
Funds are available in the Phoenix Convention Center Department operating budget.


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Location
Council District(s): 7, 8

Phoenix Convention Center, 100 N. Third St.
Symphony Hall, 75 N. 2nd St.
Herberger Theater, 222 E. Monroe St.
Orpheum Theatre, 203 W. Adams St.
Regency Garage, 40 N. 2nd St.
Heritage Garage, 501 E. Monroe St.
East Garage, 601 E. Washington St.
West Garage, 185 N. 2nd St.
North Garage, 429 E. Monroe St.
Tonto Marshalling Yard,1102 E. Tonto St.

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Phoenix
Convention Center Department.




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Donation from The Hartford Financial Services Group, Inc. for Phoenix Fire
Department (Ordinance S-47999)

Request authorization for the City Manager, or his designee, to accept a donation of
$5,000 from The Hartford Financial Services Group, Inc. for the Phoenix Fire
Department. Further request authorization for the City Treasurer to accept all funds
related to this donation. If not approved, the donation would be turned down.

Summary
The Hartford Financial Services Group, Inc. wishes to express their appreciation for
the Phoenix Fire Department's service by donating $5,000 to the Department. The
donation will be used for the live, online educational National Junior Fire Marshal Day
event guiding Kindergarten through 3rd grade students on these important fire safety
lessons:
· Matches and lighters are for grown-ups
· Creating and practicing an escape plan
· Smoke alarms are important
· Establishing an outside meeting place

This request adheres to the Fire Department's Charitable Donations Process that was
presented to the Public Safety and Veterans Subcommittee on Sept. 12, 2018.

Contract Term
There is no contract term associated with this donation.

Financial Impact
This donation does not require any matching funds.

Responsible Department
This item is submitted by Assistant City Manager Jeffrey Barton and the Fire
Department.




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Fire Turnout Clothing Cleaning, Inspection and Repair Services - Requirements
Contract - COOP 21-108 (Ordinance S-47969)

Request to authorize the City Manager, or his designee, to enter into a cooperative
participating agreement with Arizona PPE Recon, Inc. to purchase Fire Turnout
Clothing Cleaning, Inspection and Repair Services for the Phoenix Fire Department. A
cooperative contract was established by the City of Tempe under solicitation number
T19-017-01. Further request authorization for the City Controller to disburse all funds
related to this item. The aggregate contract value will not exceed $200,000.

Summary
The City of Phoenix Fire Department is responsible for the maintenance and repairs of
turnout gear worn by all sworn personnel. As an essential part of a firefighter's
personal protective equipment (PPE), turnout gear is needed at an accelerated
turnaround time in order to reduce health and safety risks associated with improper
maintenance, contamination, or damage. Arizona PPE Recon, Inc. is a local vendor
that meets the National Fire Protection Association’s (NFPA) established requirements
for the selection, care, and maintenance of firefighting protective ensembles and will
provide NFPA 1851 compliant cleaning, decontamination, repair, and inspection
services of turnout gear in a timely manner.

Procurement Information
In accordance with Administrative Regulation 3.10, a participating agreement is
required when the City uses a cooperative agreement from another public agency. The
contract was awarded through competitive processes consistent with the City's
procurement processes, as set forth in the Phoenix City Code, Chapter 43.

The City of Tempe contract covers the purchase of Fire Turnout Clothing Cleaning,
Inspection and Repair Services as required by the Phoenix Fire Department. The
contract was awarded on Nov. 1, 2018. Additionally, review of pricing and availability
from registered small and local businesses indicates that this cooperative contract
offers the best value to the City.




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Upon City Council approval of this item, a purchasing agreement incorporating the
City’s terms and conditions will be fully executed between the referenced vendor and
the City.

The Assistant Finance Director recommends that the cooperative participating
agreement with Arizona PPE Recon, Inc. be accepted.

Contract Term
The three year contract term will begin on or about Oct. 15, 2021. Provisions of the
contract include the option to extend the term up to two additional years which may be
exercised by the City Manager or designee.

Financial Impact
The aggregate contract value will not exceed $200,000. Funds are available in the Fire
Department’s budget.

Responsible Department
This item is submitted by Assistant City Manager Jeffrey Barton and the Fire
Department.




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Request Authorization for Sale of Canine Espy (Ordinance S-47998)

Request to authorize the City Manager, or his designee, to approve the sale of canine
Espy to Officer Nick Kerger for $1.00. Officer Kerger is assigned to the Tactical
Support Bureau's Canine Unit and has requested to retire and purchase his assigned
canine Espy in accordance with Administrative Regulation 4.21.

Summary
Canine Espy is over nine years old, and has served the Tactical Support Bureau with
professionalism, dedication and exemplary effort since 2013. Canine Espy has been
diagnosed with terminal cancer in his chest cavity that is inoperable. This has affected
Espy's ability to perform at the required level of expected performance. At the
recommendation of the Department's Veterinarian Dr. Spovoda and the unit trainers,
Espy should be medically retired.

This request is for the authorization of the sale of canine Espy for $1.00. The purchase
of canine Espy is being made by Officer Nick Kerger, who agrees to accept full
responsibility and liability for canine Espy until his death.

Responsible Department
This item is submitted by Assistant City Manager Jeffrey Barton and the Police
Department.




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Request Authorization for Sale of Canine Soldier (Ordinance S-48007)

Request to authorize the City Manager, or his designee, to approve the sale of Police
canine Soldier to Det. Patrick Clinton for $1.00. Det. Clinton is assigned to the
Homeland Defense Bureau and has requested to retire and purchase his assigned
canine Soldier in accordance with A.R. 4.21. Det. Clinton will be retiring from the Police
Department on or about Oct. 1, 2021.

Summary
Police service dog Soldier is seven years old, and has been assigned to the Police
Department's Homeland Defense Bureau since December 2015. He has been
assigned to Det. Clinton for over five years.

This request is for the authorization of the sale of Police service canine Soldier for
$1.00. The purchase of canine Soldier is being made by Det. Patrick Clinton, who
agrees to accept full responsibility and liability for him until his death.

Responsible Department
This item is submitted by Assistant City Manager Jeffrey Barton and the Police
Department.




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Authorization to Enter into Agreements with United States Marshals Service to
Accept Reimbursement for Police Services (Ordinance S-48010)

Request retroactive authorization for the City Manager, or his designee, to authorize
the Police Department to enter into an agreement with the United States Marshals
Service to accept funds for police services. Authorization is also requested to accept
additional funds should they become available, up to a maximum of $150,000.

Summary
The Police Department partners annually with the United States Marshals Service
(USMS) for the USMS Violent Offender Task Force (VOTF). The primary mission of the
VOTF is to investigate and apprehend local, state and federal fugitives to improve
public safety and reduce violent crime. Targeted crimes primarily include: violent
crimes against persons; weapons offenses; felony drug offenses; failure to register as
a sex offender; and crimes committed by subjects who have a criminal history
involving violent crimes, felony drug offenses, and/or weapons offenses. The initial
agreement will reimburse up to $20,522 for Police overtime costs related to the Task
Force investigations. The Police Department requests authorization to accept up to
$150,000 should additional funding become available during the funding period.

Contract Term
The funding period is Aug. 1, 2021 through Sept. 30, 2022.

Financial Impact
The cost to the City is fringe-related benefits and in-kind resources.

Responsible Department
This item is submitted by Assistant City Manager Jeffrey Barton and the Police
Department.




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Agreements with Organized Crime Drug Enforcement Task Force for
Reimbursement of Police Services (Ordinance S-48011)

Request to authorize the City Manager, or his designee, to allow the Police
Department to enter into agreements with the Organized Crime Drug Enforcement
Task Force (OCDETF) to accept funds not to exceed $300,000, for the reimbursement
of police services. Further request authorization for the City Treasurer to accept, and
the City Controller to disburse, all funds related to this item.

Summary
The Police Department has continually participated in these multi-jurisdictional task
forces in an effort to enhance and further facilitate long-term sustainable drug
enforcement investigations. The task forces conduct complex narcotics distribution
enterprise investigations in the Phoenix area and around the state in an effort to
eradicate illegal activity. Since the investigations are seldom restricted to the Phoenix
city limits, investigations involve multi-national organizations such as the Federal
Bureau of Investigation, the Drug Enforcement Administration, the Maricopa County
Sheriff's Office, the Maricopa County Attorney's Office, and the United States
Attorney's Office. Through the implementation of individual case agreements with
OCDETF, the City will be reimbursed for police overtime related to the specific
investigations. Reimbursement does not cover the cost of related fringe benefits.

Contract Term
The funding period is Oct 1, 2021 through Sept. 30, 2022.

Financial Impact
The cost to the City is related fringe benefits and in-kind resources.

Responsible Department
This item is submitted by Assistant City Manger Jeffrey Barton and the Police
Department.




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***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** Airport Concessions
Relief and American Rescue Plan Act (Ordinance S-48008)

Request to authorize the City Manager, or his designee, to apply for and accept airport
-specific American Rescue Plan Act of 2021 (ARPA) funds allocated by the Federal
Aviation Administration (FAA) in the amount of $15,374,984 for Small Business
Concessions and $3,843,746 for Large Business Concessions. If approved, these
grant funds would be applied to terminal concessionaire accounts in the form of a
credit to be used toward rent payments subject to the stipulations outlined in this
report. Further request to authorize the City Treasurer to accept the funds and the City
Controller to disburse all funds related to this item. The total value of the funding will
not exceed $19,218,730.

Summary
The COVID-19 global pandemic created a downturn in airline passenger travel by over
93 percent at Phoenix Sky Harbor International Airport (PHX). In direct correlation to
the reduced passenger activity, concessions sales plummeted for PHX's
concessionaires. As a result, established rents were unsustainable for concessionaires
in the terminals. On April 4, 2020, the FAA provided guidance to airport sponsors
encouraging them to consider business circumstances created by the public health
emergency. In response, subject to stipulations the City Council approved rent relief to
concessionaires and extended food, beverage and retail contracts by three years to
assist Airport Concessions Disadvantaged Business Enterprise (ACDBE) business
partners to refinance their existing debt.

Since April 2021, PHX has experienced significant increases in passenger volumes. In
June 2021, PHX reached 80 percent of total enplanement traffic for two consecutive
months as compared to 2019. Per the stipulations contained in the City Council action
on Dec. 2, 2020, all concession operators were notified that the contractual Minimum
Annual Guarantee (MAG) amounts must be paid beginning Aug. 1, 2021.

Previous Federal Relief Funds for Airport Concessionaires
On April 9, 2021, the Aviation Department received notification of its allocation of
Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA)
funds appropriated for PHX’s concessions program in the amount of $4,804,683. In


Page 214

accordance with FAA guidance, the monies received by the FAA served as a partial
reimbursement towards the more than $20 million in rent relief provided by PHX to
date.

American Rescue Plan Act
On June 16, 2021, the Aviation Department received notification from the FAA
regarding its concessions relief allocation of airport-specific ARPA funds in the amount
of $15,374,984 for small business concessions and $3,843,746 for large business
concessions.

As with CRRSAA, if an airport sponsor accepts its ARPA allocations for concession
relief, “the airport sponsor must provide relief from rent and MAG to eligible small
airport concessions and eligible large airport concessions in an amount that reflects
each eligible airport concession’s proportional share of the total amount of rent and
MAG of all eligible airport concessions at the airport.”

For the Aviation Department to be eligible to apply for and receive its federal
concessions relief appropriation of ARPA funds, the City of Phoenix would offer rent
relief in the form of grant-funded rent credits for in-terminal concessionaires. These
ARPA funds would effectively pay up to 100 percent of the MAG or percentage rents
owed to the City until the appropriation is exhausted.

The ARPA credits would provide rent relief subject to the following conditions:
· Stipulation 1 - Concessionaires must be operating to receive rent relief as stipulated
by the FAA.
· Stipulation 2 - In order to encourage reactivation of concessions with appropriate
staffing levels to meet customer needs and expectations, concessionaires will
receive the percentage of their ARPA allocation as a rent credit that is
commensurate to their staffing percentages as compared to 2019 baseline staffing
levels. For example, 60 percent staffing would enable a concessionaire to apply 60
percent of their rent for that month from ARPA rent credits.
· Stipulation 3 - Rent relief recipients will be required to share these credits equitably
among their sub tenants and joint venture partners. Staffing levels over 80 percent
would be eligible to have 100 percent ARPA rent credit allocation.

Financial Impact
The $19,218,730 of relief funding comes directly from the federal ARPA grant. This
portion of the federal airport ARPA grant will provide the funding for the credit to rent
due to the City, and can only be used for the purpose of airport concessionaire relief as
explained above.



Page 215


Public Outreach
Aviation staff documented holding 21 different meetings with Airport Concession
Disadvantaged Business Enterprise (ACDBE) small business concessionaires to
discuss the certification requirements for coronavirus relief funds, where the proposed
ARPA stipulations were part of the agenda of topics discussed. Staff also held nine
meetings with concessions primes, including Host and SSP, to cover these same
topics. In addition to these one-on-one meetings, staff presented the rent relief
overview at the Aviation Department’s bi-monthly Terminal Tenant Meeting on July 20,
2021 where representatives of SSP and Host were invited, and the proposed rent relief
criteria was discussed.

Aviation staff also conducted one-on-one meetings with more than 20 concessionaire
primes, joint venture partners, and Airport Concession Disadvantaged Business
Enterprises (ACDBEs) and a teleconference meeting with terminal concessionaires on
Sept. 27, 2021. The one-on-one calls and larger teleconference were conducted in
order to describe the ARPA rent relief grant, how it would be applied, and potential
stipulations. These calls were helpful for staff in crafting the proposed stipulations to be
both achievable and a strong incentive to get fully staffed and operating at pre-
pandemic levels.

Location
Sky Harbor International Airport - 3400 E. Sky Harbor Blvd.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




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Item text
Luggage Cart Rental Services at Phoenix Sky Harbor International Airport
(Ordinance S-47975)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Smarte Carte, Inc. to provide Luggage Cart Rental Services for Phoenix Sky
Harbor International Airport. Further request to authorize the City Controller to disburse
all funds related to this item. The agreement value will not exceed $1.5 million.

Summary
This agreement will ensure passengers at Phoenix Sky Harbor International Airport
(PHX) continue to have the option to rent luggage carts to assist passengers with their
luggage. This service is provided at all terminals, parking locations, Phoenix Sky Train
stations, Phoenix Rental Car Center and the federal inspection station. Smarte Carte,
Inc. will provide installation, management, and operation of the luggage carts rental
services at PHX, and provide practical, economical, and user-friendly luggage carts for
rental service at a reasonable price to its customers.

Procurement Information
The Aviation Department completed a solicitation for luggage cart rental services in
2021 pursuant to General Procurement Procedures A.R. 3.10. On June 16, 2021
Council awarded this agreement to APS. APS failed to meet the post-award solicitation
requirements and the agreement and solicitation were cancelled. Smarte Carte, Inc. is
the only viable company to provide turn-key luggage cart rental services at PHX.

Contract Term
The term of the agreement will be an aggregate five-years with no renewal option
beginning on or about Nov. 1, 2021.

Financial Impact
The agreement value will not exceed $1.5 million for the 5-year aggregate agreement
term.

Funding is available in the Aviation Department’s operating budget.




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Concurrence/Previous Council Action
The City Council approved Luggage Cart Service Lease Agreement (Ordinance S-
47659) on June 16, 2021. However, since APS failed to meet the post-award
solicitation requirements, the agreement was never completed. Smarte Carte, Inc. is
the only viable company to provide turn-key luggage cart rental services at PHX.

Location
Phoenix Sky Harbor International Airport - 3400 E. Sky Harbor Blvd.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




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Item text
Ground Lease with Oso Concrete LLC at Phoenix Sky Harbor International
Airport (Ordinance S-47985)

Request to authorize the City Manager, or his designee, to enter into a ground lease
with Oso Concrete LLC for real property located at 120 and 130 S. 29th St.
(Properties) for two years with five one-year options to extend the term that may be
exercised at the sole discretion of the Director of Aviation Services.

Summary
The Aviation Department acquired 130 S. 29th St. in January 2000 and 120 S. 29th St.
in October 2001. Oso Concrete LLC (Oso) has operations at 175 S. 29th St. that are
across the street from the Properties. Oso has requested to lease the Properties,
which total approximately 56,628 square feet. Oso will use the Properties to park
vehicles, trailers, and other equipment that relate to its concrete business.

Contract Term
The term of the lease will be two years with five one-year options to extend the term
that may be exercised at the sole discretion of the Director of Aviation Services.

Financial Impact
Initial annual rent will be approximately $59,459 ($1.05 per square foot) and will be
adjusted annually based on the Phoenix-Mesa-Scottsdale Consumer Price Index or
three percent, whichever is greater. Total anticipated revenue over the term of the
lease will be approximately $416,215, if all options are exercised.

Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board recommended this item for approval on Aug. 19,
2021, by a vote of 8-0.

Location
Phoenix Sky Harbor International Airport - 120 S. 29th St. and 130 S. 29th St.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.

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Item text
Amend Ground Lease with Bimbo Bakeries USA, Inc. at Phoenix Sky Harbor
International Airport (Ordinance S-47986)

Request to authorize the City Manager, or his designee, to amend Ground Lease
151988 with Bimbo Bakeries USA, Inc. for real property located at 3115 E. Madison St.
(Premises) by adding 100,263 square feet to the Premises and adding two one-year
options to extend the term that may be exercised at the sole discretion of the Director
of Aviation Services.

Summary
Bimbo Bakeries USA, Inc. (Bimbo Bakeries) operates several locations in the Phoenix
Metro area that provide baked goods to its customers. The Premises is located just
north of Phoenix Sky Harbor International Airport. The Premises is 65,340 square feet
in area and used for parking tractor trailers that relate to Bimbo Bakeries' bakery
operation at 738 W. Van Buren St. in Phoenix. Ground Lease 151988 (Lease) expires
on April 14, 2023. Bimbo Bakeries is requesting to amend the Lease to add 100,263
square feet to the Premises and add two one-year options to extend the term.

Contract Term
The term will be amended to add two one-year options to extend the term that may be
exercised at the sole discretion of the Director of Aviation Services. The current term is
three years, which will expire on April 14, 2023. The term may be extended to April 14,
2025 if both options to extend are exercised.

Financial Impact
Annual rent will be approximately $14,381 per month ($1.05 per square foot) and will
be adjusted annually based on the Phoenix-Mesa-Scottsdale Consumer Price Index or
three percent, whichever is greater. Total anticipated revenue over the term of the
Lease will be approximately $461,509.

Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board recommended this item for approval on Aug. 19,
2021, by a vote of 8-0.




Page 220

Location
Phoenix Sky Harbor International Airport - 3115 E. Madison St.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




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Bus Rapid Transit Program Analysis, Outreach and Initial Corridor
Recommendation

Request the City Council to approve an initial Bus Rapid Transit corridor of 35th
Avenue and Van Buren Street, as shown in Attachment A.

Summary
In 2015, Phoenix voters approved Proposition 104, creating the 35-year multimodal
transportation plan known as Transportation 2050 (T2050) which identified Bus Rapid
Transit (BRT) as a key component to continue expanding the City's high-capacity
transit network. BRT is a high-capacity bus service that focuses on improved speed,
reliability, and convenience to better the overall transit experience. There are common
recurring elements found in successful BRT systems, such as: advanced fare
collection; enhanced stations; dedicated lanes; custom buses; transit spot
improvements; and unique branding.

In 2019, Phoenix BRT Program staff were tasked by Phoenix’s Citizens Transportation
Commission (CTC) and City Council to reevaluate the BRT corridors as originally
outlined in the T2050 plan. This reevaluation was sought due to the passage of time
since development of the T2050 plan, as Phoenix meanwhile has experienced
significant changes in residential and commercial developments, population growth
and density, in addition to efforts by the region to identify additional BRT corridors that
may travel through Phoenix. Staff's reexamination considered various elements of
transit propensity (population, employment, low-income households, minority
populations, persons with disabilities, zero-automobile households, and persons under
18 and over 64 years in age), historical transit performance and ridership forecasting
models utilizing the Federal Transit Administration’s scenario-planning software. From
these data points and processes, six potential BRT corridors have been identified and
are shown below:
· Camelback Road/24th Street;
· Indian School Road/24th Street;
· Thomas Road/44th Street;
· McDowell Road/44th Street;
· 35th Avenue/Van Buren Street; and



Page 222

· 19th Avenue/Van Buren Street.

Using these six proposed corridors and applying industry best practices (two-mile
spacing between corridors, good connections to light rail and frequent local bus
service, intersections with other BRT corridors, and end points with highly used origins
and destinations), four potential BRT network scenarios have been identified and are
shown below:
· Camelback Road/24th Street, Thomas Road/44th Street and 35th Avenue/Van
Buren Street;
· Camelback Road/24th Street, Thomas Road/44th Street and 19th Avenue/Van
Buren Street;
· Indian School Road/24th Street, McDowell Road/44th Street and 35th Avenue/Van
Buren Street; and
· Indian School Road/24th Street, McDowell Road/44th Street and 19th Avenue/Van
Buren Street.

Phoenix BRT Program staff facilitated multiple BRT workshops, including an in-depth
technical workshop with multiple City departments, Valley Metro, the Maricopa
Association of Governments (MAG), the Arizona Department of Transportation, and
the established program consultant teams. Two executive workshops were also held
for CTC and Council members. The purpose of the workshops was to review the six
corridors proposed from the transit technical analysis and obtain input on the four
potential BRT network scenarios.

The results of this data-driven process revealed "Camelback Road/24th Street,
Thomas Road/44th Street and 35th Avenue/Van Buren Street" as the most productive
network scenario with the highest demand and need.

After the workshops, the focus transitioned to community education, engagement and
input, which is described under Public Outreach.

Regional Efforts
In addition to the Phoenix BRT Program, MAG is conducting a Regional Bus Rapid
Transit Feasibility Study to document the potential for implementation of BRT within
the MAG region. Phoenix has been an integral part of this collaboration along with six
other member cities: Glendale, Tempe, Scottsdale, Mesa, Chandler and Gilbert.
Through this study, MAG has identified potential BRT corridors that were evaluated
based on quantitative and qualitative criteria. These corridors were identified for further
study in a proposed new regional BRT program (Attachment B).



Page 223

While the Camelback/24th Street and Thomas/44th Street corridors scored the highest
during the technical analysis and the community education and engagement efforts,
there is ongoing analysis of future high-capacity transit planning in west Phoenix that
may affect these corridors and the overall future BRT network. It is recommended that
a final decision on these east-west BRT corridors be deferred until there is further
resolution on such west Phoenix planning.

Upon approval of the initial BRT corridor, the next steps in the process for the 35th
Avenue/Van Buren Street corridor include:
· Refining a BRT program schedule, including the phasing and implementation for the
initial BRT corridor and future BRT network;
· Beginning corridor planning (operations and capital) and development of conceptual
alternatives;
· Establishing corridor-specific outreach tools and techniques; and
· Identifying a funding plan, potential partners, and available grants.

Concurrence/Previous Council Action
The Citizens Transportation Commission recommended approval of the initial Bus
Rapid Transit corridor of 35th Avenue/Van Buren Street on May 27, 2021, by a vote of
10-0.

The Transportation, Infrastructure and Planning Subcommittee recommended City
Council approval of the initial Bus Rapid Transit corridor of 35th Avenue/Van Buren
Street on Sept. 15, 2021, by a vote of 4-0.

Public Outreach
Community Education and Engagement
From February to December 2020, Phoenix BRT Program staff launched an education
and engagement campaign to provide continuous opportunities for the community to
learn about the program and provide input on the six potential corridors and four
potential networks. To best reach the community, staff at first employed both in-person
and virtual outreach methods, providing all materials in both English and Spanish. As a
result of the COVID-19 pandemic, outreach efforts shifted entirely to virtual platforms
in March 2020. Below is a list of outreach tools and materials used to engage and
educate the public and solicit feedback:
· Transit analysis maps;
· Social media;
· Program webpage (www.phoenix.gov/brt);
· Project fact sheet;
· Frequently asked Questions;


Page 224

· “BRT 101” videos;
· Online meeting webpage;
· In-person/virtual meetings with all of Phoenix's 15 village planning committees;
· In-person/virtual meetings with community groups;
· News releases and television programs;
· Live virtual public meetings; and
· "Shape Your BRT" survey.

Survey Results
The Phoenix BRT Program developed the "Shape your BRT" survey to solicit
community input on potential BRT elements, the six potential BRT corridors, and the
four potential BRT network scenarios.

Based on the survey results, respondents’ most preferred BRT network scenario aligns
with the technical analysis results and community feedback received during the
community education and engagement efforts: "Camelback Road/24th Street, Thomas
Road/44th Street and 35th Avenue/Van Buren Street."

Community Engagement Summary
The Community Engagement Summary can be found in Attachment C. Highlights
include:
· 474 survey responses;
· 26 in-person or virtual meetings;
· Connection with over 1,200 community members;
· Responses to nearly 600 questions and comments;
· 4,581 BRT webpage views;
· BRT 101 video views: 1,040 English and 92 Spanish;
· 766 online meeting webpage views;
· Online meeting video views: 300 English and 89 Spanish;
· Residents’ input shows that the selected corridors are preferred because BRT could
serve more transit riders; take riders to key locations; operate closer to home,
school, or work; and reduce commute times;
· Top themes of suggestions for network modification were to extend networks further
north, south, and west and to limit overlap with light rail; and
· Key themes of final comments were support for: using dedicated lanes; extending
networks north, south, east, and west; providing connections to
surrounding/outlying areas; and avoiding overlapping services on 19th Avenue.




Page 225

Location
Along 35th Avenue and Van Buren Street.
Council Districts: 1, 4, 5 and 7

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.




Page 226
Attachment A



Initial BRT Corridor
35th Ave/Van Buren




Page 227
Attachment B




MAG BRT Corridors




Rank Corridor Name
1 35th Avenue/Van Buren Street (COP)
2 Camelback Road/24th Street (COP)
3 Thomas Road/44th Street (COP)
4 Scottsdale Road/Rural Road
5 Capitol/I-10
6 Country Club Drive/Arizona Avenue
7 Glendale Avenue
8 Baseline Road Page 228
Attachment C



BRT Community Engagement
Summary

PhoenixBRT




Phoenix
Bus Rapid
Transit
Program
Community Engagement Summary
February 2020 – December 2020




Page 229
Executive Summary
In February 2020, the Phoenix Bus Rapid Transit (BRT)
team launched the community outreach campaign
to educate and engage the public on the Program.
The outreach campaign focused on educating the
public on the elements and characteristics of BRT,
the transit analysis completed on potential BRT
corridors, and the six potential corridors and four
potential network scenarios that were identified
through the analysis. To best reach our community,
the team employed both traditional and virtual
outreach methods, and developed all materials
(printed and digital) in both English and Spanish.
Between February and December 2020*,
the team successfully connected with over
1,200 people from community leaders and
Page 230

elected officials to neighborhood associations
and transit riders. Through our interactions, we
received nearly 600 questions
and comments, which will be used in Below is a list of outreach tools and
conjunction with our transit analysis to develop materials used to engage and educate the public
corridor recommendations for the BRT Program. and solicit feedback:
The following pages highlight
• Transit analysis maps
our outreach efforts and key
• Project fact sheet
feedback we received from
LOOP
• Frequently asked questions
the public. LOOP
• BRT 101 video
Peoria • Program webpage
Executive Summary 1 17 PHOE NIX
Cheryl Dr TC
• Online meeting webpage
Phoenix BRT Program Webpage 2 TC Dunlap Ave
E F Paradise • Social media
Online Meeting Webpage 3 Central Ave

ARIZONA
75th Ave 60
Valley
Glendale
TC
• Live virtual public meetings
Social Media Engagement 4 A Camelback Rd
B • In-person/virtual meetings with
P
P
Indian School Rd
Live Virtual Public Meetings 6
TC
10 C Thomas Rd
D Scottsdale
community groups
Phoenix Community Groups/Organizations 7 Van Buren St McDowell Rd
Tolleson
• In-person/virtual meetings with the City
LOOP
35th Ave 19th Ave
Village Planning Committees (VPC) 8 Salt
Rive
ARIZONA
LOOP
r
24th St 44th st Tempe
of Phoenix Village Planning Committees
Shape Your BRT Survey 10 10
• Shape Your BRT survey
Appendix – Phoenix Bus Rapid Transit Survey 19
Gila River 60
Indian Comm.
*Due to public health and safety concerns caused by COVID-19, outreach efforts shifted to virtual platforms in March 2020. north
Phoenix BRT Program Webpage Online Meeting Webpage
On February 27, 2020, the Phoenix BRT team launched the program webpage at Phoenix.gov/BRT. On July 21, 2020, the Phoenix BRT team opened an online meeting at meetphoenixbrt.com, to
Designed to educate and engage the public, the webpage provides an educational video, a fact sheet, provide information on the Phoenix BRT Program and to solicit input on the six potential BRT corridors
transit analysis maps, frequently asked questions, and general project information. and the four network scenarios.
BRT BRT
4,581 Pageviews 766 Pageviews
By the By the
numbers… numbers…
Access by device Site visitors Access by device Site visitors
44% 9%
48% 63%
new visitors new visitors
Page 231
returning returning
visitors visitors
desktop desktop
56% 91%
50% 2% 34% 3%
Location of visitors Location of visitors
mobile tablet mobile tablet
Flagstaff
BRT 101 Online meeting
video views Winchester
Peoria
Phoenix video views Phoenix
Glendale Scottsdale Scottsdale
Gilbert Peoria Gilbert
Tempe Avondale Mesa
Chandler Tempe Chandler
Coolidge
English 1,040 English 300 Tucson
Spanish 92 Percentage of Online Users Spanish 89 Number of Online Attendees
2–4 5 6 86
2 0–2.4% 2.5-4% 4.1-5% >46%
Social Media Engagement
Community conversations by platform What are they saying?
Top online hashtags:
NEWS blog
#BusRapidTransitProgram #BRT
#virtual
Twitter online news forums blogs #meetphoenixbrt
#AllAboutThatBusLife
85% 6% 2% 7% #BusRapidTransit101
#PHX
#PhoenixPublicTransit
#busrapidtransit
Who is the audience?
#PhoenixTransit
4% Page 232
2% 39%
18-24 8% Conversation sentiment
25-34
Spanish positive
35-44 neutral
45-54
English
13.8% 85.6%
55-64 negative
28% 92%
0.6%
27%
Age Top Languages
Top online themes
Community engagement on Twitter
2.8M reach
mentions
post interactions
4 5
Live Virtual Phoenix Community Groups/
Public Meetings Organizations
The Phoenix BRT team held two live virtual meetings, one in English on November 10, 2020, and one The Phoenix BRT team . . . Community Groups/Organizations
in Spanish on November 17, 2020.
Meetings*
Met in-person or virtually with
Notifications
9 community groups 2020
Meeting flyer
media advisory and organizations
Phoenix Community
Alliance Multi-Modal FEB
Media advisory Committee
2/25
Library newsletter
PHXConnect newsletter
Hatcher Urban Valley Metro Travel
JUN
Nextdoor Businesses Reduction Program
Webinar
6/11 6/24
Social media
Websites
26 69
Page 233
Presented to over
Electronic mail 280 stakeholders D27 Business Alliance
AUG
and Violence Impact
www Project Coalition
8/20
13 people attended 3 people attended SEP
WTS International
Metro Phoenix Chapter
November 10, 2020 (English) November 17, 2020 (Spanish)
9/03
Arizona Forward Greater Phoenix Chamber
Mobility and Clean OCT Transportation Policy
Answered over 40 questions Air Solutions Committee
10/14 10/27
Key Question Topics
Q 19 22
A
RAPID vs.
BRT options in Valley
BRT elements/ Express vs. local
NOV
Partnership
South Phoenix Regional
Impacts characteristics bus service
BRT efforts 11/17
of BRT
3 
Number of meeting attendees
6 *In place of an in-person or virtual meeting, the American Planning Association of Arizona requested a brief summary of BRT to be
included in their digital newsletter.
Village Planning Committees (VPC) RIO VISTA
3/10/20
The Phoenix BRT Six key topics from comments and City of Phoenix
team . . . questions asked at the VPC meetings: Village Planning Committees
Met in-person or virtually
with 15 VPCs NORTH
Dedicated lanes Ridership GATEWAY
7/09/20
BUS DESERT VIEW
ONLY 24
7/07/20
DEER VALLEY
6/18/20
Presented to over 400 Cost/funding Local bus and BRT PARADISE
Page 234
community/committee VALLEY
members and staff
LOCAL
NORTH 30
BRT
MOUNTAIN 7/06/20
9/16/20
ALHAMBRA
9/22/20
MARYVALE CAMELBACK
ENCANTO EAST
33 28
Community BRT options in South 9/09/20 8/03/20 37
8/04/20
engagement and North Phoenix CENTRAL CITY
ESTRELLA 52
22 8/10/20
Answered 8/18/20 ABC VPC name/
boundary
over 70 questions SOUTH
MOUNTAIN 00 Number
Q
LAVEEN of meeting
24 attendees
26 7/14/20
A
0/00/00 Date of
9/14/20 meeting
AHWATUKEE
FOOTHILLS north
8 7/27/20 9
LOOP
101 LOOP
Shape Your BRT Survey
In June 2020, the Phoenix BRT team launched
Potential BRT Corridors
the Shape your BRT survey. The
purpose of this survey was to obtain input on the Peoria P H O ENI X
six potential BRT corridors and the four potential
17 What A corridor can be two or more streets coupled
network scenarios. The Shape Your BRT survey
Cheryl Dr TC is a BRT together; for example, Corridor A is made up
TC Dunlap Ave corridor? of portions of Camelback Road, 24th Street
included 13 BRT-related questions and three
and 75th Avenue.
demographic questions. The survey results can
be found on the following pages and a copy of the E F ARIZONA
Paradise
Central Ave

Valley
survey can be found at the end of this document.
75th Ave
Glendale TC
The map shown at the right highlights the six
potential BRT corridors, and the maps
A Camelback Rd
at the bottom of the page highlight the P
B Indian School Rd
four potential network scenarios
C
P
TC Thomas Rd
using the identified corridors from the analysis. Scottsdale
D
Page 235
These maps were used throughout the 10 McDowell Rd
survey and can be referenced while reviewing
How does A network scenario
Van Buren St includes different combinations
survey results. Tolleson
a network
of both north-south and
35th Ave 19th Ave
202 scenario differ
LOOP
202 LOOP
east-west corridors to create a
from a
ARIZONA
Salt full network of BRT service.
24th St 44th st
Rive Tempe
r
north
corridor?
Potential BRT Network Scenarios 10
Blue Network Scenario Purple Network Scenario Yellow Network Scenario 60 Green Network Scenario
Camelback Rd/24th St Camelback Rd/24th St Indian School Rd/24th St Indian School Rd/24th St
Thomas Rd/44th St Thomas Rd/44th St McDowell Rd/44th St McDowell Rd/44th St
35th Ave/Van Buren St 19th Ave/Van Buren St 35th Ave/Van Buren St 19th Ave/Van Buren St
Phoenix boundary Phoenix boundary
Peoria
Phoenix boundary
Freeway Gila River
Peoria
Phoenix boundary
Freeway
Peoria
Freeway
Peoria
Freeway
PH O EN IX PH O EN IX
PH OE N IX Light rail Indian Comm. 17
PHO E N I X Light rail Light rail
north
Light rail extension
Light rail
Light rail extension
Cheryl Dr TC Light rail extension Light rail extension Cheryl Dr TC
Water Water Water
19th Avenue Suboption: Dunlap Ave Water 19th Avenue Suboption: TC Dunlap Ave
TC Transit center TC TC Transit center TC Transit center
extend route from TC Transit center extend route from
P Park-and-Ride P Park-and-Ride P Park-and-Ride
Montebello to Sunnyslope P Park-and-Ride Montebello to Sunnyslope
Sky Train Sky Train Sky Train
Transit Center Sky Train Transit Center
Potential corridor Potential corridor Potential corridor Potential corridor
Suboption Suboption
ARIZONA ARIZONA
Suboption 51 51
75th Ave

ARIZONA
51 Suboption
75th Ave

ARIZONA
51 60 60
60 60
Glendale Glendale Glendale
75th Ave
Glendale
Camelback Rd Camelback Rd Camelback Rd 75th Ave
P P P
P Indian School Rd Indian School Rd
P P
TC Thomas Rd Thomas Rd TC TC
TC
10 10
10 McDowell Rd 10 McDowell Rd
Van Buren St Van Buren St LOOP Van Buren St Van Buren St
LOOP
202 202
35th Ave 19th Ave 19th Ave

LOOP
35th Ave 19th Ave 19th Ave
35th Avenue Suboption:
LOOP
35th Avenue Suboption:
19th Ave between ARIZONA
143 Tempe
19th Ave between ARIZONA
143 Tempe
ARIZONA
143 Tempe
Salt Salt
ARIZONA
143 Tempe
Salt Camelback and Van
24th St 44th st 24th St 44th st
Camelback and Van Salt River River
24th St 44th st
River
24th St 44th st
River
10 11
Buren 10 Buren 10 10
north
10 north north
north
Shape Your BRT Survey
? Who Responses by Zip Code What did we hear?
Participated? Phoenix
Where 85331 Surrounding Public Transit Use
are they Municipality
located?
No. of respondents
27%
Cave Creek
within zip code
Respondents 85086 1–4 of participants
5–9
Peoria 85383 Carefr
ee use transit daily
10–14
15–19 17% 24%
<18 85085 20–24 several several
18-24 Phoenix 25–29 times/ times
25-34 north month /year
Age 35-44
45-54
55-64 85027 85024 85050 85054
Glendale 18%
Page 236

>65
Surprise
85308 several 14%
0 10 20 30 40 50 60 70 80 90 100 times/ never
85023 85022
85306 85053 week
85351 85032 85254 85260
85379 85381
El Mirage
Peoria 85304 85029 27%
Scottsdale
White Youngtown daily
Hispanic/Latinx 85335 85363 85345 85302 85028
85051 85021 85020
Black/African American Paradise 85258 Familiarity with BRT
Ethnicity Asian/Asian-American
Litchfield 85307 85305
Glendale 85301
Valley
25% very familiar with BRT
of respondents are
Native American/Alaska 85017
Hawaiian/Pacific Islander Litchfield 85012
85037 85033 85014
Other 85031
0 10 20 30 40 50 60 70 80 90 100
Goodyear
85323 Tolleson

85043 85009

85006 85008

19% are not at all familiar
85281 85201
Tempe
25% 19%
Mesa
very not at all
80 85282
85041 BRT
Gender 60 85326 85338 85042 85283 85202 85234
Avondale 85233
20 85284
85339 Gilbert
0 85044 85225 20%
38% 59% 3% 85045
85048 slightly
Female Male Non-binary/ Chandler 85212
other 85226 16%
moderately
85286 20%
somewhat
12 85249 13
Shape Your BRT Survey
Preferred East–West Corridors for BRT Preferred North–South Corridors for BRT
(as shown on pages 10–11) (as shown on pages 10–11)
Respondents ranked each corridor between 1 and 4; with 1 being the most Respondents selected their preferred corridor; below is the percent preferred.
preferred and 4 being the least preferred. Below are the average scores for each.
A Camelback Rd/24 St 2.8 Overall,
Overall, 54% of respondents
E 35th Ave Rd/Van Buren St 54%
respondents ranked
prefer 35th Avenue/
Thomas Road/
B Indian School Rd/24 St 2.5
Van Buren Street (E)
44th Street (C) and
for the north–south corridor.
F 19th Ave Rd/Van Buren St 46%
Camelback Road/
C Thomas Rd/44 St 2.8
24th Street (A)
as their preferred
east–west corridors.
D McDowell Rd/44 St 1.9 Denotes most preferred
0 20 40 60 80 100
Denotes most preferred
1 2 3 4
Page 237
Why are corridors A & C preferred? Why is corridor E preferred?
BRT BRT
13% 19%
57% 49% 41% 28% of respondents 57% 32% 26% of respondents 18%
serves takes riders close to may reduce chose “other” serves takes riders close to chose “other” may reduce
more transit to key home/school/ commute and provided more transit to key home/school/ and provided commute
riders locations work time write-in responses riders locations work write-in responses time
Top Themes for Corridor Modification Suggestions
(open ended question on survey)
BUS
ONLY
Extend BRT Extend BRT Limit light rail Connect/service Connect to Link to
surrounding cities and towns Metrocenter downtown Phoenix
14 north and south east and west duplication 15
Shape Your BRT Survey
Preferred BRT Network Lane Preference for BRT
(as shown on pages 10–11)
Respondents ranked the lane configuration options between 1 and 3; with 1 being the most
Respondents ranked the four network scenarios between 1 and 4; with 1 being the most preferred and 3 being the least preferred. Below are the average scores for each scenario.
preferred and 4 being the least preferred. Below are the average scores for each scenario.
Camelback Rd/24th St, Thomas Rd/44th St,
3.2 Bus-only lanes
35th Ave/Van Buren St (Blue Network Scenario) 2.5
(BRT operates in bus-only lanes
for entire corridor)
Camelback Rd/24th St, Thomas Rd/44th St,
2.7
19th Ave/Van Buren St (Purple Network Scenario) Partial bus-only lanes
(BRT operates in bus-only lanes 2.2
Indian School Rd/24th St, McDowell Rd/44th St, in some sections of the corridor)
2.3
35th Ave/Van Buren St (Yellow Network Scenario)
No bus-only lanes
Indian School Rd/24th St, McDowell Rd/44th St, (BRT operates in regular traffic 1.3
1.8
19th Ave/Van Buren St (Green Network Scenario) lanes with other vehicles)
Denotes most preferred 1 2 3 4
Denotes most preferred 1 2 3
Key BRT Service Aspects
Respondents ranked the importance of the following service aspects between Page 238
Overall, respondents ranked the Blue Network Scenario 1 and 4; with 1 being the most preferred and 4 being the least preferred.
(Camelback Road/24th Street, Thomas Road/44th Street, Below are average scores for each.
35th Avenue/Van Buren Street) as their most preferred
network.
3.6 2.4 2.0
BRT

1.9
TRANSFER BRT
Transit speed Limited or Amenities Minimal travel
and reliability no transfers lane impacts
Top Themes for Network Modification Suggestions
(open ended question on survey) Key Final Comment Themes
(open ended question on survey)
19th AVE SAFETY BUS smart 19th AVE
19th
BUS
ONLY FIRST ONLY card
Dedicated Extend the Accommodate Improve Provide Avoid
Extend Extend Limit Remove Safety lanes are network bike fare system connections impacts
network network overlap 19th Ave (bike, preferred north, community (mobile, to to
west north and with corridor pedestrian, south, east (lanes, safety, smart cards, surrounding/ 19th Ave
south light rail transit stops) and west on-board) etc.) outlying
16 areas
Appendix
Phoenix
Bus Rapid Transit
Survey
Page 239
Phoenix Bus Rapid Transit Survey—Shape your BRT!
Now, let's get your input on where BRT corridors should be established.
Bus Rapid Transit, or BRT, is a high
capacity bus service that provides a Potential corridors were identified using demographic and socioeconomic data, and current transit and forecasted (future) ridership.
fast, reliable, and convenient transit
experience . . . and this new transit option 4. Potential East–West BRT Corridors (A, B, C, D)
is coming to Phoenix! Take a look at the Potential East–West BRT Corridors map (right) and rank the potential east–west corridors from Potential East-West BRT Corridors
1 to 4, with 1 being most preferred and 4 being least preferred: Phoenix boundary
BRT, approved by Phoenix voters in 2015, Peoria
Freeway
PH O ENI X Light rail
is being developed now and we need Camelback Rd/24th St (A) Indian School Rd/24th St (B)
Light rail extension
Water
Transit center
your input on where to add BRT in Phoenix.
TC
P Park-and-Ride
Thomas Rd/44th St (C) McDowell Rd/44th St (D) Sky Train
Let's get started!
A Camelback Rd/24th St
B Indian School Rd/24th St
C Thomas Rd/44th St
75th Ave
5. Why do you like your most preferred east–west corridor? Select all that apply.
ARIZONA
60 D McDowell Rd/44th St
Glendale
A
1. What is your home zip code?
 Close to my home/work/school  Serves more transit riders P
B
Camelback Rd
Indian School Rd
 Takes me to key destinations  Could reduce my daily commute time TC C Thomas Rd
2. How often do you use public transit? Other (please specify) 10 D McDowell Rd
Page 240
 Daily
LOOP
ARIZONA
143 Tempe
 Several times a week
Salt
River
24th St 10 44th st north
 Several times a month 6. Potential North–South BRT Corridors (E, F)
 Several times a year Take a look at the Potential North–South BRT Corridors map (right) and select the preferred north–south corridor: Potential North-South BRT Corridors
 Never  35th Ave/Van Buren St (E)  19th Ave/Van Buren St (F)
Peoria
PH O ENI X

Phoenix boundary
Freeway
Light rail
Light ail extension
Cheryl Dr TC Water
3. How familiar are you with Bus Rapid Transit? TC Dunlap Ave
TC Transit center
7. Why do you like your preferred north–south corridors? Select all that apply. 19th Avenue Suboption: P Park-and-Ride
E 35th Ave/Van Buren St
extend route from
 Not at all familiar  Close to my home/work/school  Serves more transit riders
Montebello to Sunnyslope
Transit Center E F
F 19th Ave/Van Buren St
35th Ave Suboption
19th Ave Suboption
 Slightly familiar
ARIZONA
 Takes me to key destinations  Could reduce my daily commute time Glendale
 Somewhat familiar
Camelback Rd
Other (please specify) 35th Avenue Suboption:
P
 Moderately familiar 19th Ave between
Camelback and Van Buren
 Very familiar 10
Van Buren St
35th Ave 19th Ave

LOOP
ARIZONA
143 Tempe
8. If you have suggested modifications to any of the six potential corridors (A, B, C, D, E, F - reference maps Salt
River
from questions 4 and 6), please provide your ideas in the space below. north
north
www.facebook.com/CityofPhoenixAZ @PhoenixMetroBus @cityofphoenixaz www.youtube.com/user/cityofphoenixaz
Phoenix Bus Rapid Transit Survey—Shape your BRT!
9. Potential Network Scenarios BRT Foundation Network Scenarios
Ultimately, our goal is to identify the BRT Blue Network Scenario Purple Network Scenario Yellow Network Scenario Green Network Scenario
Camelback Rd/24th St Camelback Rd/24th St Indian School Rd/24th St Indian School Rd/24th St
foundation network, which will consist of Thomas Rd/44th St
35th Ave/Van Buren St
Thomas Rd/44th St McDowell Rd/44th St
35th Ave/Van Buren St
McDowell Rd/44th St
19th Ave/Van Buren St
19th Ave/Van Buren St
three corridors. Taking into consideration Peoria
Phoenix boundary
Peoria
Phoenix boundary Peoria
Phoenix boundary
Peoria
Phoenix boundary
Freeway Freeway Freeway Freeway
spacing between corridors, good 17
PHOENIX Light rail
Light rail extension
PHOENIX Light rail
Light rail extension
PHO E NIX Light rail
Light ail extension
PHO E NIX Light rail
Light ail extension
Cheryl Dr Cheryl Dr
connections to light rail and local bus
TC TC
Water 19th Avenue Suboption: Dunlap Ave Water Water
19th Avenue Suboption: TC Dunlap Ave Water
TC Transit center Transit center
TC Transit center extend route from TC Transit center TC
extend route from
TC
service, and access to key destinations, P Park-and-Ride
Sky Train
Montebello to Sunnyslope
Transit Center
P Park-and-Ride
Sky Train
P Park-and-Ride
Sky Train
Montebello to Sunnyslope
P Park-and-Ride
Sky Train
Transit Center
below are four potential network Potential corridor
Suboption
Potential corridor
Suboption
Potential corridor
Suboption
Potential corridor
Suboption
75th Ave

ARIZONA ARIZONA
75th Ave
ARIZONA
ARIZONA
51 51
scenarios. Rank the following from 1 to 4,
60 60 60 60
Glendale Glendale Glendale Glendale
75th Ave Camelback Rd 75th Ave
with 1 being most preferred and 4 being P

Camelback Rd
P

Camelback Rd
P P
Indian School Rd Indian School Rd
the least preferred: P
Thomas Rd
P
Thomas Rd
TC TC TC TC
Camelback Rd/24th St, 10 10 10 McDowell Rd 10 McDowell Rd
Van Buren St Van Buren St Van Buren St Van Buren St
Thomas Rd/44th St,
LOOP LOOP
202 202
35th Ave 19th Ave 19th Ave 35th Ave 19th Ave 19th Ave

LOOP LOOP
202 202
35th Avenue Suboption: 35th Avenue Suboption:
35th Ave/Van Buren St 19th Ave between
Camelback and Van Salt
ARIZONA
143 Tempe
Salt
ARIZONA
143 Tempe 19th Ave between
Camelback and Van Salt
ARIZONA
143 Tempe
Salt
ARIZONA
143 Tempe
24th St 44th st 24th St 44th st
Rive Rive
24th St 44th st 24th St 44th st
Rive Rive r r
(Blue Network Scenario)
r r
Buren 10 10 Buren 10 10
north north north north
Camelback Rd/24th St,
Thomas Rd/44th St, 11. Bus-only Lanes The following demographic questions are optional.
19th Ave/Van Buren St Bus-only lanes substantially improve transit speed and reliability but may reduce the current number of auto lanes. Thinking about
(Purple Network Scenario) the use of bus-only lanes along potential corridors, rank the following from 1 to 3, with 1 being most preferred and 3 being least 14. What is your age?
Page 241
preferred:
Indian School Rd/24th St,  Under 18  45–54
McDowell Rd/44th St,
35th Ave/Van Buren St
Bus-only lanes (BRT operates in bus-only lanes for entire corridor)
 18–24  55–64
(Yellow Network Scenario) Partial bus-only lanes (BRT operates in bus-only lanes in some sections of the corridor)
 25–34  65+
Indian School Rd/24th St, No bus-only lanes (BRT operates in regular traffic lanes with other vehicles)
 35–44
McDowell Rd/44th St,
19th Ave/Van Buren St 12. BRT Service 15. Specify your ethnicity:
(Green Network Scenario) As a potential rider of BRT, what would be most important to you? Rank the following from 1 to 4, with 1 being most important
and 4 being least important:  White
10. If you have suggested modifications
to any of the four potential network Transit speed and reliability: getting to my destination on time and as quickly as possible  Hispanic or Latinx
scenarios (Blue, Purple, Yellow, Green – Minimal impacts: avoiding impacts to current auto travel lanes  Black or African American
reference map from question 9), please Limited or no transfers: transit rider avoids transfers between buses  Asian or Asian American
provide your ideas in the space below.
Amenities: enhanced stations, custom buses, mobile fare payment  Native American or Alaska Native
13. Please provide any additional thoughts or comments about the Phoenix Bus Rapid Transit Program.
 Native Hawaiian or other Pacific Islander
 Other
16. What is your gender?
 Female
 Male
 Non-binary or other
www.facebook.com/CityofPhoenixAZ @PhoenixMetroBus @cityofphoenixaz www.youtube.com/user/cityofphoenixaz
PhoenixBRT

Phoenix.gov/BRT
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Transportation Modernization Grant Application (Ordinance S-48009)

Request to authorize the City Manager, or his designee, to apply for a Transportation
Modernization Grant, as funded by the State of Arizona and administered by the
nonprofit organization A for Arizona, and enter into any agreements to accept the grant
funding if awarded. Further request to authorize the City Treasurer to accept, and the
City Controller to disburse, all funds related to this item. The grant program is
accepting grant applications in amounts not to exceed $2 million.

Summary
During the most recent legislative session, the State of Arizona appropriated $10
million in state funds, and matched the amount with an additional $10 million in federal
stimulus funds, for a total of $20 million for Fiscal Year 2021-22, to improve
transportation systems to drive down costs, enhance safety and efficiency, and provide
K-12 students with access to more public school options. A for Arizona is accepting
grant applications and encouraging public schools, local governments, and community
leaders to identify solutions which "identify options to transport students not solely
reliant on yellow school buses." As a regional public transportation provider, the City of
Phoenix can utilize such grant funds to purchase student transit passes and partner
with schools and school districts to satisfy students' transportation needs by using the
existing public transit system.

The Public Transit Department is requesting authorization to submit an application for
the State of Arizona’s Transportation Modernization Grant. The application deadline is
Oct. 8, 2021.

Financial Impact
No City of Phoenix funds are included in the application.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.




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Transport of Natural Gas and Electricity- Kinect Energy, Inc. - Amendment
(Ordinance S-47979)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 135518 with Kinect Energy, Inc. to provide additional funding to the
agreement for energy purchases for the City of Phoenix. Further request to authorize
the City Controller to disburse all funds related to this item. The additional
expenditures included in this amendment will not exceed $3,726,000.

Summary
The City of Phoenix has over 3,000 active electric and natural gas accounts.
Agreement 135518 (Agreement) with Kinect Energy, Inc. (Kinect Energy) provides rate
analysis, negotiates the price of natural gas and electricity, facilitates the sale of
renewable identification numbers, and audits energy invoices for accuracy. Kinect
Energy has successfully provided these services under contract without incident.
Because of fluctuating market rates, yearly aggregates also fluctuate and additional
pay authority is needed to maintain services through the term of the Agreement.

Procurement Information
This item is exempt from Administrative Regulation 3.10 citing energy purchase.

Contract Term
The agreement term will remain unchanged, ending on Feb. 28, 2023.

Financial Impact
The initial authorization for this agreement was for an expenditure not to exceed $1.4
million. Previous amendments increased the authorization for the agreement by
$8,202,000. This amendment will increase the authorization for the agreement by an
additional $3,726,000, for a new total not-to-exceed agreement value of $13,328,000.

Funding is available in the Aviation and Public Works Departments' budgets.

Concurrence/Previous Council Action
The City Council approved:
Agreement 135518 on July 3, 2012;


Page 244

Agreement 135518 - Amendment (Ordinance S-41655) on May 13, 2015;
Agreement 135518 - Amendment (Ordinance S-42682) on June 22, 2016;
Agreement 135518 - Amendment (Ordinance S-43530) on May 31, 2017;
Agreement 135518 - Amendment (Ordinance S-44422) on April 4, 2018; and
Agreement 135518 - Amendment (Ordinance S-44761) on June 20, 2018.

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Karen Peters
and the Aviation and Public Works departments.




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Supply of New Radiators Contract Recommendation (Ordinance S-47982)

Request to authorize the City Manager, or his designee, to enter into separate
contracts with: Factory Motor Parts; Genuine Parts Company dba NAPA Auto Parts;
RWC International LTD dba RWC Group; and Serck Services, Inc., for supply of new
radiators for City-owned fleet vehicles. Further request to authorize the City Controller
to disburse all funds related to this item. The total aggregate amount is $641,175 over
the life of the contracts.

Summary
The Public Works Department is responsible for maintaining a diverse fleet of over
7,300 vehicles and equipment that are repaired and maintained at service centers and
police substations. The vehicles and equipment require ongoing maintenance and
repairs to keep them in good operating condition. These contracts will allow Public
Works to purchase radiators for vehicle repairs on an as-needed basis to help ensure
equipment is in operating condition and available for service.

Procurement Information
Invitation for Bid 22-FSD-016 was conducted in accordance with Administrative
Regulation 3.10. Four offers were received by Public Works Procurement Services on
July 21, 2021. The offers were evaluated based on price, responsiveness to all
specifications, terms and conditions, and responsibility to provide the required
services. The offers submitted by Factory Motor Parts; Genuine Parts Company dba
NAPA Auto Parts; RWC International LTD dba RWC Group; and Serck Services, Inc.
were deemed fair and reasonable.

The award recommendations can be found in Attachment A.

Contract Term
The one-year term of the contracts will begin on or about Jan. 1, 2022. The contracts
will contain four one-year options to extend the term, for a total contract term of up to
five years if all options are exercised.

Financial Impact
The aggregate value of the contracts, including all option years, is $641,175, including


Page 246

all applicable taxes, with an estimated annual expenditure of $128,235.

Funding is available in the Public Works Department's budget.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.




Page 247
Attachment A
IFB 22-FMD-016 Supply of New Radiators
Award Recommendation
Offeror
Genuine Parts RWC
Item Factory Motor Serck Services,
Product Number Company dba International LTD
Number Parts Inc.
NAPA Auto dba RWC Group
1 21576 $ 395.00 ✔ $ 301.20 ✔ $ 175.00 ✔ -
2 103766 - - $ 252.50 ✔ -
3 104014 - - - -
4 15120862 $ 189.00 ✔ $ 266.54 ✔ $ 143.09 ✔ -
5 22840116 $ 268.75 ✔ $ 350.28 ✔ - -
6 22840117 $ 233.75 ✔ $ 250.28 ✔ - -
7 100057CY - - - -
8 103001LW - - - -
9 103113CY - - - -
10 437207-S - $ 4,490.24 ✔ $ 2,221.93 ✔ $ 795.00 ✔
11 770022PT - - - $ 800.00 ✔
12 ACT900023STR - - - -
13 DEL21331 $ 180.29 ✔ $ 272.50 ✔ $ 149.88 ✔ -
14 DEL21564 $ 182.50 ✔ $ 319.84 ✔ $ 105.00 ✔ -
15 DEL21609 $ 150.28 ✔ $ 257.08 ✔ - -
16 DEL21648 $ 255.00 ✔ $ 395.48 ✔ $ 188.75 ✔ -
17 DEL21650 $ 233.75 ✔ $ 298.46 ✔ $ 196.00 ✔ -
18 DEL21902 $ 359.96 ✔ $ 462.66 ✔ - -
19 DEL21907 $ 356.78 ✔ - - -
20 FORRAD32 $ 338.84 ✔ $ 445.62 ✔ - -
21 FREBHT91665 - $ 1,539.03 ✔ $ 817.89 ✔ $ 725.00 ✔
22 FREBHTCU078001 - $ 2,037.72 ✔ $ 633.07 ✔ $ 695.00 ✔
23 FRECU077001 - $ 2,292.32 ✔ $ 844.74 ✔ $ 710.00 ✔
24 FRERCH4210348 - - $ 633.07 ✔ $ 695.00 ✔
25 GMC22805590 $ 373.50 ✔ $ 466.16 ✔ $ 255.86 ✔ -
26 GMC22840115 $ 255.00 ✔ $ 295.08 ✔ $ 225.59 ✔ -
27 GMC22840117 $ 233.75 ✔ $ 350.28 ✔ $ 196.00 ✔ -
28 GMC2944251000 - - - -
29 GMC84186716 $ 355.00 ✔ $ 437.04 ✔ - -
30 GMC84186718 $ 356.78 ✔ $ 431.28 ✔ $ 178.41 ✔ -
31 GMC84207656 $ 359.96 ✔ $ 479.28 ✔ - -
32 GMC84462085 $ 292.44 ✔ $ 354.90 ✔ - -
33 GMC92421106 $ 487.46 ✔ - - -
34 HAW103206 - - - -
35 HAW103264 - - - -
36 HAW21523 - $ 321.40 ✔ - -
37 HDC010126PA - - - $ 1,000.00 ✔
38 HDC010645 - - - $ 725.00 ✔
39 HDC010818PA - - - -
40 KUBR142142300 - - - -
41 MOP5137691AA - $ 192.40 ✔ - -
42 NAPCU2494 - $ 523.58 ✔ - -
43 RAD103001DX - - - -
44 RAD103708 - $ 462.66 ✔ - -
45 RAD2170 $ 272.71 ✔ $ 338.34 ✔ - -
46 RAD2291 $ 233.57 ✔ $ 252.90 ✔ - -
47 SPA2583-FF-801001 - - - -
48 WKN1000214506 - - - -

- indicates no bid

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Environmental Protection Agency Grant Opportunity to Support Anaerobic
Digestion in Communities for Fiscal Year 2021 (Ordinance S-47984)

Request to authorize the City Manager, or his designee, to apply for, accept, and enter
into an agreement, and disburse grants from the Environmental Protection Agency
(EPA) through its Sustainable Materials Management 2021 Anaerobic Digestion
Funding Opportunity to support diversion of food and organic waste from the landfill
through development of new, or enhance/increase existing, anaerobic digestion
capacity and infrastructure in the United States. Further request to authorize the City
Treasurer to accept, and the City Controller to disburse, all funds related to this item.
No matching funds are required under this competition.

Summary
According to Phoenix's 2018 waste characterization study, approximately 14 percent
(59,516 tons) of the City's residential trash is composed of food waste; thus, the Public
Works Department has been looking for innovative ways to reduce food and organic
waste sent to landfill thereby reducing greenhouse gas emissions.

In partnership with the Water Services Department and the Office of Environmental
Programs, Public Works would like to use grant funds to study the feasibility of a new
anaerobic digester, or adding capacity to an existing digester, at one of Phoenix's
Wastewater Treatment Plants. Anaerobic digesters process organic material into
biogas which can be used for energy. The analysis will determine whether 91st Avenue
Wastewater Treatment Plant or 23rd Avenue Wastewater Treatment Plant would be
better suited to incorporate food and organic waste into a future anaerobic digestion
system. The study will also help determine all associated costs to realize either of the
two digester projects. The EPA will accept applications until Oct. 7, 2021.

Financial Impact
The amount requested for this proposal is $150,000. If grant funds are awarded in full,
Phoenix would not need to match funds.

Location
91st Avenue and 23rd Avenue Wastewater Treatment Plants
Council District: 7


Page 249


Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
and Water Services departments.




Page 250



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Fuel Terminal Services (Ordinance S-47989)

Request to authorize the City Manager, or his designee to enter into separate
contracts with Caljet of America, LLC and SFPP LP Kinder Morgan to provide fuel
storage space and fuel pipeline space. Further request to authorize the City Controller
to disburse all funds related to this item. This item will have an aggregate value of
$486,912.

Summary
The City of Phoenix Public Works Department is responsible for procuring fuel for the
majority of the City. This fuel must be moved through a pipeline, as well as stored and
blended locally for fuel trucks to distribute fuel to designated citywide fuel sites. This
agreement will provide for pipeline receipts, guaranteed storage space, as well as
loading services at the rack with additive injection capabilities.

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
the result of a determination memo citing unusual nature. The City of Phoenix requests
storage space, blending and loading capabilities that are only provided by a limited
number of vendors, and due to the volume of fuel purchased, fuel storage terminal
services connected to the pipeline are currently required.

Contract Term
This contract will be begin on or about Dec.1, 2021, for a one-year term.

Financial Impact
This item will have an estimated aggregate value of $486,912.

Funding is available in the Public Works Department's budget.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.




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Item text
Hoist and Cranes - Inspection, Certification, Maintenance and Repair (Ordinance
S-47990)

Request to authorize the City Manager, or his designee, to enter into a contract with
American Inspection & Test, Inc. to provide inspections, certifications, maintenance
and repair of hoist and cranes. Further request to authorize the City Controller to
disburse all funds related to this item. This item will have an aggregate amount of
$31,428.

Summary
The Public Works Department is responsible for approximately 26 hoists and cranes
found at various service centers. These hoists and cranes must pass an annual
inspection and certification as required by American National Standard Institute
(ANSI), as well as Occupational Safety and Health Administration (OSHA). If the units
fail inspection, this contract will also allow Public Works to procure the necessary
service and parts to bring the unit to ANSI and OSHA passing standards. The units are
vital for the service centers' daily operations, as they are used to lift tanks, engines,
and other heavy components out of equipment for maintenance and repair.

Procurement Information
A Request for Quote (RFQ) was conducted in accordance with Administrative
Regulation 3.10. The Public Works Department requested quotes from 36 vendors and
received one response from American Inspection and Test. The bid was evaluated
based on current market price, responsiveness, and responsibility and is
recommending award to American Inspection and Test at the below grand total by
group:

American Inspection & Test, Inc.: $850

Contract Term
This contract will begin on or about Dec. 1, 2021 with an initial one-year contract term,
with two additional contract years to be exercised in increments of up to one year, for a
total contract term of three years.




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Financial Impact
This item will have an estimated $10,476 annual expenditure, with a total aggregate
value of $31,428 over the life of the contract.

Funding is available in the Public Works Department's budget.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.




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Item text
Phoenix Raceway Non-Standard Crosswalk Markings

Request City Council consideration to approve a request from Phoenix Raceway to
temporarily install non-standard crosswalk markings in downtown Phoenix for the 2021
National Association of Stock Car Auto Racing Championship Weekend, in accordance
with the City's existing Non-Standard Crosswalk Marking Program. There will be no
financial impact to the City of Phoenix.

Summary
Phoenix Raceway is sponsoring this year's National Association of Stock Car Auto
Racing (NASCAR) Championship Weekend scheduled for Nov. 5-8, 2021. In
accordance with the Council-approved Non-Standard Crosswalk Marking Program,
Phoenix Raceway submitted an application to install four temporary non-standard
crosswalk markings at four proposed crosswalk locations surrounding the intersection
of 3rd and Van Buren streets. The proposed markings would be installed for a two-
week duration from Oct. 24 through Nov. 7, 2021. The proposed design mimics a
raceway's start and finish lines with a painted yellow-checkered "start/finish line" at the
four crosswalks at the Van Buren and 3rd streets intersection (Attachment A).

On June 19, 2019, City Council adopted Ordinance S-45794, allowing the Street
Transportation Department to implement the Non-Standard Crosswalk Marking
Program to allow the consideration of non-standard crosswalk intersection requests.
The program provides requirements for non-standard crosswalk design, installation
and ongoing maintenance as to not compromise the safety of pedestrian crossings or
to place additional financial burden on the City. The program is limited to existing
crosswalks where a vehicle is already required to stop due to a traffic signal, HAWK
signal, or stop sign. The Non-Standard Crosswalk Marking Program is the only
exception to standard traffic markings permitted on City streets and each proposed
location requires the approval of the City Council.

The Non-Standard Crosswalk Marking Program is intended for the installation of non-
standard crosswalk markings, which are paid for and maintained by the requestor. For
permanent non-standard crosswalk markings, the program requires the design
materials to consist of preformed thermoplastic to ensure longevity and must be
installed by the Street Transportation Department. However, since this request is for


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temporary markings over approximately two weeks, the City will allow these markings
to be painted directly onto the asphalt, and Phoenix Raceway will be responsible for
their installation and also their removal. The design will adhere to the program
requirements that the non-standard markings maintain a three-inch gap from the
existing standard crosswalk markings and can be solid colors or patterns of color. The
Street Transportation Department will provide oversight to ensure the installation
adheres to the design requirements stated in the Non-Standard Crosswalk Marking
Program and that the installation and removal do not damage the existing crosswalk
markings or pavement.

Financial Impact
There is no financial impact to the City of Phoenix. All materials, installation and
removal costs will be the sole responsibility of Phoenix Raceway.

Location
Crosswalks at the intersection of 3rd and Van Buren streets.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




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Item text
Telecommunications Services and Interstate Telecommunications Services
License (Ordinance S-47992)

Request to authorize the City Manager, or his designee, to execute a non-exclusive,
revocable license with Gila Local Exchange Carrier, Inc. DBA Alluvion Communications
to construct, install, operate, maintain and use the Public Highways in the City of
Phoenix in order to provide telecommunications services and interstate
telecommunications services in, under, over, and across public rights-of-way in the
City, subject to the terms and conditions contained in the license and Phoenix City
Code. Further request that the licensee sign the license within 60 days of Council
action, or this authorization will expire.

Summary
The license will be for a period of five years, contain appropriate insurance and
indemnification provisions, require a performance bond and a security fund, provide for
terms of transfer and revocation, and provide for compensation for the commercial use
of public rights-of-way while permitting the City to manage the rights-of-way.

Contract Term
The request is for a five-year Telecommunications Services and Interstate
Telecommunications Services License with an option for a one-time renewal.

Financial Impact
There is no financial impact to the City. Licensee will pay an annual fee based on a
formula using linear footage and the Consumer Price Index.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




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Salt River Project Land Use License for City Encroachment onto Appropriator's
Canal Land Rights (Ordinance S-47993)

Request to authorize the City Manager, or his designee, to enter into a land use
license with Salt River Project to provide ingress and egress access for City of Phoenix
residents along 17th Street from Osborn Road to Indianola Avenue, and along
Indianola Avenue west of 17th Street. Further request the City Council to grant an
exception pursuant to Phoenix City Code 42-20 to authorize inclusion in the
documents pertaining to this transaction of indemnification and assumption of liability
provisions that otherwise should be prohibited by Phoenix City Code 42-18.

Summary
The City of Phoenix has roadways that encroach onto Salt River Project's
Appropriator’s Canal land rights in the area of 17th Street from Osborn Road to
Indianola Avenue, and along Indianola Avenue west of 17th Street. This license will
allow the City to continue to use the areas as they provide ingress and egress into a
neighborhood for City residents. The license will allow access and maintenance of the
roadway and will be consistent with, and shall not interfere with, U.S. Bureau of
Reclamation fee property.

Contract Term
The term of the license shall be for 25 years beginning Nov. 1, 2021 and ending Oct.
31, 2046. The license may be renewed upon written agreement by the parties.

Financial Impact
There is no financial impact to the City of Phoenix for this license.

Location
17th Street from Osborn Road to Indianola Avenue
Indianola Avenue from 17th Street to Appropriator’s Canal
Council District: 4

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.


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Industrial Gas Pipeline License Agreement with Linde Incorporated (Ordinance S
-47994)

Request to authorize the City Manager, or his designee, to execute a non-exclusive,
revocable license with Linde Incorporated to construct, install, operate, maintain and
use the Public Highways in the City of Phoenix in order to provide industrial gas
services in, under, over, and across public rights-of-way in the City, subject to the
terms and conditions contained in the license and Phoenix City Code. Also request
that the licensee sign the license within 60 days of Council action, or this authorization
will expire.

Summary
The license will be for a period of ten years, contain appropriate insurance and
indemnification provisions, require a performance bond and a security fund, provide for
terms of transfer and revocation, and provide for compensation for the commercial use
of public rights-of-way while permitting the City to manage the rights-of-way.

Contract Term
The request is for a ten-year Industrial Gas Services License with an option for two
additional five-year renewals.

Financial Impact
There is no financial impact to the City. Per Phoenix City Code Chapter 5A, Licensee
will pay to the City an annual fee of 2 percent of the licensee’s gross annual revenues
for the network within City limits.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




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Item text
Salt River Project Construction License for Indian School Road Fiber
Enhancement Project - ST89360035 (Ordinance S-47995)

Request to authorize the City Manager, or his designee, to enter into a Construction
License with Salt River Project for the installation of fiber optic cables in the area of
99th Avenue from Camelback to Indian School roads. Further request the City Council
to grant an exception pursuant to Phoenix City Code 42-20 to authorize inclusion in the
documents pertaining to this transaction of indemnification and assumption of liability
provisions that otherwise should be prohibited by Phoenix City Code 42-18.

Summary
The purpose of this license is to allow the City to install and operate fiber optic facilities
that will include irrigation crossings and run parallel with Salt River Project irrigation
facilities on 99th Avenue from Camelback to Indian School roads. This work is in
conjunction with City Project ST89360035 Indian School Road Fiber Enhancement
Project.

Contract Term
The term of the Construction License is one year, effective when the City begins
construction, expected to be late October 2021.

Financial Impact
There is no financial impact for this license.

Location
99th Avenue from Camelback to Indian School roads
Council District: 5

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




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Item text
Industrial Gas Pipeline License Agreement with Air Liquide (Ordinance S-47996)

Request to authorize the City Manager, or his designee, to execute a non-exclusive,
revocable license with Air Liquide to construct, install, operate, maintain and use the
Public Highways in the City of Phoenix in order to provide industrial gas services in,
under, over, and across public rights-of-way in the City, subject to the terms and
conditions contained in the license and Phoenix City Code. Further request that the
licensee sign the license within 60 days of Council action, or this authorization will
expire.

Summary
The license will be for a period of 10 years, contain appropriate insurance and
indemnification provisions, require a performance bond and a security fund, provide for
terms of transfer and revocation, and provide for compensation for the commercial use
of public rights-of-way while permitting the City to manage the rights-of-way.

Contract Term
The request is for a 10-year Industrial Gas Services License with an option for two
additional five-year renewals.

Financial Impact
There is no financial impact to the City. Licensee will pay to the City an annual fee of 2
percent of the licensee’s gross annual revenues for the network within City limits.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




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Telecommunications Services and Interstate Telecommunications Services
License with AT&T Corporation (Ordinance S-47997)

Request to authorize the City Manager, or his designee, to execute a non-exclusive,
revocable license with AT&T Corporation to construct, install, operate, maintain, and
use public highways in the City of Phoenix in order to provide telecommunications
services and interstate telecommunications services in, under, over, and across public
rights-of-way in the City subject to terms and conditions contained in the license and
Phoenix City Code. Further request that the licensee sign the license within 60 days of
Council action or this authorization will expire.

Summary
The license will be for a period of five years, contain appropriate insurance and
indemnification provisions, require a performance bond and security fund, provide for
terms of transfer and revocation, and provide for compensation for the commercial use
of public rights-of-way while permitting the City to manage the right-of-way.

Contract Term
The license is for a five-year Telecommunications Services and Interstate
Telecommunications Services License with an option for a one-time renewal.

Financial Impact
There is no financial impact to the City. Per Phoenix City Code, Licensee will pay an
annual fee to the City based on a formula using linear footage and the Consumer Price
Index.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




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Fire Station 62 - Construction Manager at Risk Preconstruction Services -
FD57100027 (Ordinance S-48003)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Core Construction, Inc. to provide Construction Manager at Risk (CMAR)
Preconstruction Services for the Fire Station 62 project. Further request to authorize
execution of amendments to the agreement as necessary within the Council-approved
expenditure authority as provided below, and for the City Controller to disburse all
funds related to this item. The fee for services will not exceed $75,000.

Summary
The purpose of this project is to build a new one-story fire station with four apparatus
bays and 16 dorms to enable Phoenix Fire Department staff to support the surrounding
community and create a quicker response time to calls.

Core Construction, Inc. will begin in an agency support role for CMAR Preconstruction
Services. Core Construction, Inc. will assume the risk of delivering the project through
a Guaranteed Maximum Price agreement.

Core Construction, Inc.’s services include, but are not limited to: detailed cost
estimating and knowledge of marketplace conditions, provide project planning and
scheduling, provide alternate systems evaluation and constructability studies, advise
City on ways to gain efficiencies in project delivery, provide long-lead procurement
studies and initiate procurement of long-lead items, assist in the permitting process,
participate with the City in a process to set a goal for local and Small Business
Enterprise (SBE) participation and implement the local and SBE process, protect the
owner’s sensitivity to quality, safety, and environmental factors, advise City on
choosing green building materials. A SBE goal will be established for this project upon
substantial completion of Preconstruction Services and prior to the start of
construction.

This Agreement is essential to the health, safety, and welfare of the Public and critical
operations for the City.




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Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-603(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Seven firms submitted proposals
and are listed below:

Selected Firm
Rank 1: Core Construction, Inc.

Additional Proposers
Rank 2: Willmeng Construction, Inc.
Rank 3: FCI Constructors, Inc.
Rank 4: Caliente Constructors, Inc.
Rank 5: Sun Eagle Corporation
Rank 6: Foresite Design & Construction, Inc.
Rank 7: Danson Construction, LLC

Contract Term
The term of the agreement is 365 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.

Financial Impact
The agreement value for Core Construction, Inc. will not exceed $75,000, including all
subcontractor and reimbursable costs.

Funding is available in the Fire Department's Capital Improvement Program budget.
The Budget and Research Department will separately review and approve funding
availability prior to execution of any amendments. Payments may be made up to
agreement limits for all rendered agreement services, which may extend past the
agreement termination.

Concurrence/Previous Council Action
The City Council approved Architectural Services Agreement 154186 (Ordinance S-
47517) on May 5, 2021.

Location
Approximately 99th Avenue and north side of Lower Buckeye Road within City-owned
property.


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Council District: 7

Responsible Department
This item is submitted by Assistant City Manager Jeffrey Barton, Deputy City Manager
Mario Paniagua, the Fire Department, and the City Engineer.




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Custodial Services for Water Services Department - Amendment (Ordinance S-
47973)

Request the authorize the City Manager, or his designee, to execute amendments to
Agreements: 151914 with Triangle Services; and 151915 with Palacios Marine &
Industrial Coatings, Inc, to provide additional time and funding to the agreements.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures for services included in this amendment will not
exceed $3,345,338.

Summary
The purpose of this amendment is to extend the contracts to align with the other
custodial contracts within the Water Services Department. Additionally, this extension
will allow the Facilities Management Division time to conduct a full needs assessment
of all facilities, which is anticipated to be completed within 12 to 18 months, and to
develop a comprehensive scope of services in order to complete the procurement
process for new custodial requirements contracts. The additional spending authority is
required to fund the extended contract term, and to address needed increases in both
contract labor hours and service frequency to comply with the Centers for Disease
Control and Prevention guidelines.

Contract Term
The amendments will extend the end date of the agreements' terms from March 31,
2022 to Sept. 30, 2024.

Financial Impact
The initial authorization for Custodial Services agreements was for an expenditure not-
to-exceed $1,624,680. This amendment will increase the authorization for the
agreements by $3,345,338, for a new total not-to-exceed agreement value of
$4,970,018.

Funding is available in the Water Services Department’s Operating budget.

Concurrence/Previous Council Action
The City Council approved Custodial Services for Water Services Department


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Agreements 151914 and 151915 (Ordinance S-46485) on April 1, 2020.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




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Deer Valley Water Treatment Plant Rehabilitation 2019 - Construction Manager at
Risk Preconstruction and Construction Services - Rescind and Award -
WS85260030 (Ordinance S-47974)

Request to authorize the City Manager, or his designee, to rescind Agreement 150257
with Kiewit Infrastructure West Co., and to award and enter into agreement with
McCarthy Building Companies, Inc. to provide Construction Manager at Risk
Preconstruction and Construction Services for the Deer Valley Water Treatment Plant
Rehabilitation 2019 project. Further request to authorize execution of amendments to
the agreement as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The fee for services will not exceed $37.5 million.

Summary
The purpose of this project is to rehabilitate the Deer Valley Water Treatment Plant
(WTP). The plant is a conventional filtration water treatment facility located on the
south side of the Arizona Canal. City staff have completed a preliminary condition
assessment of Deer Valley WTP's treatment systems, which indicated various systems
are deteriorating and need rehabilitation due to age and usage. The City has hired an
engineering consultant to perform a more comprehensive assessment and provide
recommendations for repairs, which may include mechanical, electrical, and structural
assets. The City anticipates addressing the following areas: raw water pump station,
solids handling facility, solids area drain pump station, facility-wide valve and gate
actuators, 84-inch raw water pipe to east basins, facility-wide fire alarm system, and
new electrical buildings and gear.

The initial procurement for the Deer Valley WTP Rehabilitation 2019 project was
awarded to Kiewit Infrastructure West Co.on June 19, 2019 (Ordinance S-45803) but
was terminated for convenience on April 27, 2021. A new procurement process was
conducted and McCarthy Building Companies, Inc. (McCarthy) was determined to be
the most qualified contractor.

McCarthy will begin in an agency support role for Construction Manager at Risk
Preconstruction Services. McCarthy will assume the risk of delivering the project
through a Guaranteed Maximum Price (GMP) agreement.


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McCarthy's Preconstruction Services include, but are not limited to: detailed cost
estimating; project planning and scheduling; providing alternate systems evaluation
and constructability studies; advising the City on ways to gain efficiencies in project
delivery; providing long-lead procurement studies and initiating procurement of long-
lead items; assisting with the permitting process; and preparation of a GMP proposal
for the Construction Services provided under the agreement. A Small Business
Enterprise (SBE) goal will be established for this project upon substantial completion of
Preconstruction Services and prior to the start of construction.

McCarthy's construction services will include: bid, award, and manage all construction
related contracts; be responsible for the construction means and methods related to
the project; deal with owner issues and maintain a safe work site for all project
participants; and fulfilling the SBE program requirements. McCarthy will be required to
solicit bids from pre-qualified subcontractors and to perform the work using the City’s
subcontractor selection process. McCarthy may also compete to self-perform limited
amounts of work.

This Agreement is essential to the health, safety, and welfare of the public and critical
operations for the City.

Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.) In accordance with A.R.S.
section 34-603(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Three firms submitted proposals
and are listed below.

Selected Firm
Rank 1: McCarthy Building Companies, Inc.

Additional Proposers
Rank 2: PCL Construction, Inc.
Rank 3: Archer Western Construction, LLC

Contract Term
The term of the agreement is three years from issuance of the Notice to Proceed.
Work scope identified and incorporated into the agreement prior to the end of the term
may be agreed to by the parties, and work may extend past the termination of the
agreement. No additional changes may be executed after the end of the term.



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Financial Impact
The agreement value for McCarthy will not exceed $37.5 million, including all
subcontractor and reimbursable costs.

Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.

Concurrence/Previous Council Action
The City Council approved Preconstruction Services Agreement 150257 (S-45803) on
June 19, 2019 with Kiewit Infrastructure West Co.

Location
Deer Valley WTP
Council District: 1

Responsible Department
This item is submitted by Deputy City Managers Karen Peters and Mario Paniagua,
the Water Services Department, and the City Engineer.




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Acceptance of Funds from Suns Legacy Properties LLC for Interpretive Signage
(Ordinance S-48013)

This is a request to accept a donation of $20,000 from Suns Legacy Properties LLC for
interpretive signage related to the Hotel St. James. Further request to authorize the
City Treasurer to accept, and the City Controller to disburse, all funds related to this
item. There is no impact to the General Fund.

Summary
The Hotel St. James was constructed in 1929 at Madison and First Streets in
downtown Phoenix and served the working class. It was placed on the National
Register of Historic Places in 1985. Attempts were made in 1990 and 1999 to
designate the property on the Phoenix Historic Property Register, but the cases were
withdrawn or denied due to owner opposition. Suns Legacy Properties LLC acquired
the property in 2007. In 2012 they requested a demolition permit, but agreed to save
the front third of the building to repurpose it. The hotel was de-listed from the National
Register in 2015. In May of 2021, Suns Legacy Properties LLC sought demolition
approval for the remaining portion of the building. To mitigate the loss of the building,
they allowed the City to salvage the neon sign, balcony railing, a few decorative roof
tiles and several bricks to be incorporated into historic interpretive signage that would
tell the story of the history of the hotel and the role of working class hotels in the
development of downtown Phoenix in the early 20th century.

Suns Legacy Properties LLC agreed to contribute $20,000 toward the development of
the interpretive historic place exhibit and sign. Once fabricated, the historic installation
and sign would be installed within the right-of-way within the Warehouse Character
Area.

Financial Impact
If the funds are accepted and the Council approves a separate item for up to $30,000
of Community and Economic Development Funds, the funds will be used for the
interpretive historic place exhibit and sign.

Concurrence/Previous Council Action
The Historic Preservation Commission heard this request on Aug. 16, 2021 and voted


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6-0 to recommend approval of the donation.
The Economic Development and Equity Subcommittee heard this item on Sept. 28,
2021 and approved accepting the donation by a vote of 4-0.

Location
City Right-of-way within the Warehouse Character Area.
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




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Acceptance of Community and Economic Development Funds for Interpretive
Signage (Ordinance S-48012)

Request approval of up to $30,000 from the Community and Economic Development
Department (CEDD) for Interpretive Historic Place exhibit and Sign related to the Hotel
St. James. There is no impact to the General Fund; funding is available in the
Downtown Community Reinvestment Fund.

Summary
Suns Legacy Properties LLC owns the property where the Hotel St. James once stood
at Madison and First Streets in downtown. The hotel was constructed in 1929 and
served the working class. It was listed on the National Register of Historic Places in
1985. These hotels for the working class played an important role in the development
of downtown Phoenix in the early twentieth century. The City made two attempts to list
the hotel on the Phoenix Historic Property Register, but the application was withdrawn
or denied due to owner opposition. Suns Legacy Properties LLC acquired the property
in 2007 and requested demolition in 2012. They agreed to save the front third of the
building to repurpose it. In 2015, the hotel was de-listed from the National Register of
Historic Places. In May of 2021, they requested demolition of the remaining portion of
the hotel. Suns Legacy Properties LLC agreed to donate $20,000 toward interpretive
signage in order to mitigate the loss of the building. Prior to demolition on Aug. 3,
2021, they allowed the City to salvage materials from the building to incorporate into
the interpretive signage.

The cost of the interpretive Historic Place exhibit and sign is $50,000. $30,000 of
CEDD funds will provide the match necessary to prepare, fabricate and install the
interpretive signage.

Financial Impact
There is no impact to the General Fund. The $30,000 of CEDD funding is available in
the Downtown Community Reinvestment Fund, and would be used along with a
$20,000 donation from Suns Legacy Properties LLC, if accepted, to prepare, fabricate
and install interpretive historic place exhibit and sign related to the Hotel St. James.




Page 274

Concurrence/Previous Council Action
The Historic Preservation Commission heard this request on Aug. 16, 2021 and voted
6-0 to recommend approval of the funds.
The Economic Development and Equity Subcommittee heard this item on Sept. 28,
2021 and voted to approve by a vote of 4-0.

Location
Warehouse Character Area
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development and Community and Economic Development departments.




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Final Plat - 15th Avenue and Pinnacle Peak Road - PLAT 210023 - Southwest
Corner of 11th Avenue and Pinnacle Peak Road

Plat: 210023
Project: 04-3629
Name of Plat: 15th Avenue and Pinnacle Peak Road
Owner: LPC Pinnacle 1, LLC, LPC Pinnacle 2, LLC, & LPC Pinnacle 3, LLC
Engineer: James A. Brucci, RLS
Request: A 3 Lot Commercial Plat
Reviewed by Staff: August 30, 2021
Final Plat requires Formal Action Only

Summary
Staff requests the above plat be approved by the City Council and certified by the City
Clerk. Recording of the plat dedicates the streets and easements as shown to the
public. This plat needs to record concurrently with Abandonment 210021. The
sequence of recording is as follows: the resolution of abandonment is recorded first,
then the plat second.

Location
Generally located at the southwest corner of 11th Avenue and Pinnacle Peak Road.
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




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Item text
Final Plat - Ascend at Dynamite - PLAT 210049 - Northeast Corner of Dynamite
Boulevard and Interstate 17 Highway

Plat: 210049
Project: 20-1755
Name of Plat: Ascend at Dynamite
Owner: DHIC-Black Canyon, LLC
Engineer: Joseph V. Malek
Request: A 1 Lot Commercial Plat
Reviewed by Staff: Sept. 7, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at northeast corner of Dynamite Boulevard and Interstate 17
Highway.
Council District: 2

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 277



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Final Plat - 19 North - PLAT 210012 - Southeast Corner of 22nd Avenue and
Butler Drive

Plat: 210012
Project: 20-359
Name of Plat: 19 North
Owner(s): 19 North 1, LLC
Engineer(s): 3 Engineering
Request: A 2 Lot Residential Subdivision Plat
Reviewed by Staff: Aug. 24, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at the southeast corner of 22nd Avenue and Butler Drive.
Council District: 5

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 278



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Item text
Final Plat - Maryland & 15th Avenue - PLAT 200548 - Northwest Corner of
Maryland Avenue and 15th Avenue

Plat: 200548
Project: 18-3886
Name of Plat: Maryland & 15th Avenue
Owner: Maryland 15th, LLC
Engineer: Robert J. Blake, LLC
Request: A 34 Lot Residential Plat
Reviewed by Staff: Aug. 31, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at northwest corner of Maryland Avenue and 15th Avenue.
Council District: 5

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 279



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Final Plat - Valleywise Community Health Center North Phoenix - PLAT 210005 -
Southeast Corner of Northern Avenue and 21st Avenue

Plat: 210005
Project: 17-2388
Name of Plat: Valleywise Community Health Center North Phoenix
Owner: Maricopa County Special Health Care District
Engineer: Jason P. Graham
Request: A 1 Lot Commercial Plat
Reviewed by Staff: Aug. 31, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at the southeast corner of Northern Avenue and 21st Avenue.
Council District: 5

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 280



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Final Plat - Nextgen Mountainside - PLAT 210028 - 4820 East Ray Road

Plat: 210028
Project: 99-35873
Name of Plat: Nextgen Mountainside
Owner: Nextgen Mountainside, LLC
Engineer: 3 Engineering
Request: A 1 Lot Commercial Plat
Reviewed by Staff: June 29, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at 4820 E. Ray Road.
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 281



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Final Plat - Willow 38 - PLAT 210008 - Northeast Corner of 38th Street and
Osborn Road

Plat: 210008
Project: 16-1836
Name of Plat: Willow 38
Owner: Willow 38 Ref Acquisition, LLC
Engineer: Brian J. Benedict
Request: A 48-Lot Residential Plat
Reviewed by Staff: Aug. 24, 2021
Final Plat requires Formal Action Only.

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at the northeast corner of 38th Street and Osborn Road
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




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Final Plat - Nineteen Commons - PLAT 200575 - Northeast Corner of 19th Avenue
and Baseline Road

Plat: 200575
Project: 19-1017
Name of Plat: Nineteen Commons
Owner(s): Nineteen Commons, LLC
Engineer: Daniel J. Robinson
Request: A 4 Lot Commercial Plat
Reviewed by Staff: Aug. 6, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at northeast corner of 19th Ave. and Baseline Road.
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 283



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Item text
Final Plat - Alameda Villas Subdivision - PLAT 210003 - Southeast Corner of
Osborn Avenue and 38th Street

Plat: 210003
Project: 20-754
Name of Plat: Alameda Villas Subdivision
Owner(s): Alameda Villas, LLC
Engineer(s): Eugene S. Cetwinski, RLS
Request: A 15 Lot Residential Plat
Reviewed by Staff: Aug. 24, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at the southeast corner of Osborn Avenue and 38th Street.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




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Abandonment of Easement - ABND 200569 - Parcel north of 25700 North 21st
Avenue (Resolution 21967)

Abandonment: ABND 200569
Project: 15-3108
Applicants: AWH Construction Inc. and Ethan A Boyle
Request: To abandon the portion of a drainage easement in portion of APN 210-04-
008K. The purpose of this abandonment is to be able to replat the development and
rededicate the easements in slightly different locations.
Date of Decision: Feb. 16, 2021

Summary
The resolution of the abandonment and PLAT 210021 are to be recorded together with
the Maricopa County recorder on the same day, at the same time. The sequence of
recording to be followed is that the resolution of abandonment is recorded first, then
the plat is recorded second.

Location
Parcel north of 25700 North 21st Avenue
Council District: 1

Financial Impact
None. No consideration fee was required as part of this drainage easement
abandonment because it is not right-of-way and the easements will be rededicated in a
different location as part of the development of the site. Application fees were paid to
cover the costs of processing this request.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 285



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Abandonment of Easements - ABND 210021 - 1125, 1255 and 1425 W. Pinnacle
Peak Rd. (Resolution 21964)

Abandonment: ABND 210021
Project:04-3629A3
Applicant: James A. Brucci, RLS
Request: To abandon the drainage easements along Pinnacle Peak Road and within
209-02-007F, per the submitted exhibits.
Date of Decision/Hearing: Aug. 10, 2021

Summary
The resolution of the abandonment and PLAT 210023 are to be recorded together with
the Maricopa County recorder on the same day, at the same time. The sequence of
recording is as follows: the resolution of abandonment is recorded first, then the plat
second.

Location
1125, 1255 and 1425 W. Pinnacle Peak Rd.
Council District: 1

Financial Impact
None. No consideration fee was required as a part of this easement abandonment
because it is not right-of-way, although filing fees were paid to cover application
processing costs.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 286



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Abandonment of Easement - ABND 200567 - Northeast Corner of 7th Avenue and
Camelback Road (Resolution 21963)

Abandonment: ABND 200567
Project: 19-304
Applicant: Leslie Kland, Kland Civil Engineers
Request: To abandon the portion of the Public Utility Easement running north from
Camelback Road within APN 162-26-005B and terminating at 16-feet from the parcel’s
north property line.
Date of Decision/Hearing: Jan. 6, 2021

Location
Northeast Corner of 7th Avenue and Camelback Road
Council District: 4

Financial Impact
None. No consideration fee was required as a part of this easement abandonment
because it is not full right-of-way, although filing fees were paid to cover the cost of
processing the application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 287



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Item text
Abandonment of Alleyway Easement - ABND 200503 - Southeast Corner of
Glendale Avenue and 8th Avenue (Resolution 21962)

Abandonment: ABND 200503
Project: 99-8107
Applicant: Taylor Earl; Earl & Curley, PC
Request: To abandon a 16-foot alley adjoining APN’s 156-23-048, 156-23-047, 156-23-
046, 156-23-045, 156-23-060A, 156-23-061E and Glendale Avenue.
Date of Decision/Hearing: March 19, 2020

Location
Southeast Corner of Glendale Avenue and 8th Avenue
Council District: 5

Financial Impact
A consideration fee was also collected as part of this alleyway easement abandonment
in the amount of $11,722.80.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 288



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Item text
Abandonment of Right-of-Way - ABND 190089 - Northeast Corner of 13th Place
and Palo Verde Drive (Resolution 21959)

Abandonment: ABND 190089
Project: 00-6427
Applicant: Jerry Mansoor
Request: To abandon 16’0” alley right-of-way and 30’0” 14th Street right-of-way
adjacent to APN 162-04-061; located at the northeast corner of 13th Place and Palo
Verde Drive; recorded on Subdivision Plat “McAdams Manor”; Book 053, Page 21,
Maricopa County Recorder.
Date of Decision/Hearing: Sept. 2, 2020

Location
Northeast corner of 13th Place and Palo Verde Drive
Council District: 6

Financial Impact
A consideration fee was also collected as part of this right-of-way abandonment in the
amount of $1,278.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 289



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Item text
Abandonment of Easement - ABND 210011 - 3963 East Montecito Avenue
(Resolution 21960)

Abandonment: ABND 210011
Project: 05-2601
Applicant: John Reddell
Request: To abandon the 25-foot roadway easement along the east side of parcel APN
170-25-053, adjacent to 40th Street.
Date of Decision/Hearing: April 29, 2021

Location
3963 East Montecito Ave.
Council District: 6

Financial Impact
None. A consideration fee was not required for this easement abandonment, but filing
fees were paid.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 290



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Item text
Abandonment of Easement - ABND 210005 - 1420 North 24th Street (Resolution
21965)

Abandonment: ABND 210005
Project: 20-1173
Applicants: Charles Huellmantel/Huelmantel & Affiliates
Request: To abandon a portion of the Public Utility Easement located in the center of
the subject parcel west of 24th Street between Brill Street and Willetta Street.
Date of Decision/Hearing: March 24, 2021

Summary
The resolution of the abandonment and MOD 210001 are to be recorded together with
the Maricopa County recorder on the same day, at the same time. The sequence of
recording to be followed is that the resolution is recorded first, then the plat is recorded
second.

Location
1420 N. 24th St.
Council District: 8

Financial Impact
None. No consideration fee was required as a part of this easement abandonment
because it is not right-of-way, although filing fees were paid to cover application
processing costs.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 291



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Map of Dedication - Quiktrip Store No. 1441 - MOD 210001 - 1420 North 24th St.

MOD: 210001
Project: 20-1173
Name of MOD: Quiktrip Store No. 1441
Owner: Quiktrip Corporation
Engineer: The WLB Group, Inc.
Reviewed by Staff: June 9, 2021
Final Map of Dedication requires Formal Action Only

Summary
Staff requests that the above Map of Dedication be approved by the City Council and
certified by the City Clerk. Recording of the Map of Dedication dedicates the streets
and easements as shown to the public. This Map of Dedication needs to record
concurrently with Abandonment 210005.

Location
Generally located at 1420 N. 24th St.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




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Remove/Replace Zoning District - 51st Avenue and Baseline Road - Annexation
506 (Ordinance G-6903)

Request to authorize the City Manager, or his designee, to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by removing the
Maricopa County C-2 zoning district and replacing it with the City of Phoenix R-4A
zoning district on property at the location described below, which was annexed into the

Location
Approximately 500 feet east of 51st Avenue and 1,300 feet north of Baseline Road
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 293
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE CODE OF THE CITY OF PHOENIX,
ARIZONA, PART II, CHAPTER 41, THE ZONING ORDINANCE OF THE
CITY OF PHOENIX, BY AMENDING SECTION 601, THE ZONING MAP
OF THE CITY OF PHOENIX, BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE ANNEXED PARCEL DESCRIBED HEREIN
(51ST AVENUE AND BASELINE ROAD ANNEXATION, NO. 506) FROM
COUNTY C-2 (INTERMEDIATE COMMERCIAL) TO CITY’S R-4A
(MULTIFAMILY RESIDENCE).

____________



WHEREAS, on August 25, 2021, via Ordinance S-47878, the City of Phoenix

annexed an approximately 6.56-acre property located approximately 500 feet east of

51st Avenue and 1,300 north of Baseline Road, in a portion of the Northwest quarter of

the Southwest quarter of Section 33, Township 1 North, Range 2 East, as described

more specifically in “Exhibit A” and incorporated herein by this reference; and,

WHEREAS, as required by A.R.S. § 9-471.L, the city of Phoenix is required to

adopt zoning districts on the subject parcel to permit uses and densities no greater than

those allowed by the prior County zoning district; and,

WHEREAS, immediately prior to annexation the zoning applicable to this territory

was C-2 zoning district; and

WHEREAS, the City’s R-4A (Multifamily Residence) zoning district is equivalent to

Maricopa County's C-2 zoning district;




Page 294
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

PHOENIX, as follows:

SECTION 1. The approximately 6.56-acre property located approximately 500 feet

east of 51st Avenue and 1,300 north of Baseline Road, in a portion of the Northwest

quarter of the Southwest quarter of Section 33, Township 1 North, Range 2 East, which is

described in “Exhibit A” and depicted in “Exhibit B” has been annexed to the City of

Phoenix, and the present corporate limits of the City have been extended and increased to

include such property.

SECTION 2. Pursuant to A.R.S. §9-471(L), the property depicted in Exhibit B is

hereby removed from Maricopa County's C-2 zoning district and placed into the City’s R-

4A (Multifamily Residence) zoning district. This zoning designation shall take effect thirty

days after this Ordinance is adopted, without further action by the City Council, and

SECTION 3. The City Clerk shall cause a copy of this Ordinance, together with

“Exhibits A” and “Exhibit B” to be filed and recorded in the Records of the Office of the

Maricopa County Recorder, and

SECTION 4. The Planning and Development Director is instructed to modify The

Zoning Map of the City of Phoenix to reflect this use district classification change as shown

in “Exhibit B”.

SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this

ordinance is for any reason held to be invalid or unconstitutional by the decision of any

court of competent jurisdiction, such decision shall not affect the validity of the remaining

portions hereof.

PASSED by the Council of the City of Phoenix this 6th day of October, 2021.




Page 295
________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager



Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 296
51ST AVENUE AND BASELINE ROAD ANNEXATION
Appendix A

That part of the Northwest quarter of the Southwest quarter of Section 33, Township 1 North,
Range 2 East, G&SRB&M, Maricopa County, Arizona, described in Document No. 2021-
0101536, official records of Maricopa County, more particularly described therein as follows:
COMMENCING at a 3” Maricopa County Department of Transportation brass cap in
hand-hole marking the Southwest corner of said Section 33, from which a 3” Maricopa County
brass cap flush stamped “RLS31010 2005” marking the West quarter corner of said Section 33
bears North 00°00’ 00” East (basis of bearings), a distance of 2,632.44 feet;
thence North 00°00’00” East along the West line of said Southwest quarter, a distance
of 1,316.22 feet to the Southwest corner of Northwest quarter of the Southwest quarter of said
Section 33;
thence along the South line thereof, North 89°49’02” East, a distance of 440.00 feet to
the Southeast corner of the property described in special Warranty Deed 2017-0903718,
Official Records of Maricopa County, and shown on the "RECORD OF SURVEY 7145 S. 51ST
AVENUE" recorded in Book 1450, of Maps, Page 43, Official Records of Maricopa County, and
the TRUE POINT OF BEGINNING;
thence along the East line thereof, North 00°10’32” West, a distance of 330.00 feet to
the Northeast corner of said “RECORD OF SURVEY 7145 S. 51ST AVENUE” at the South line
of the property described as "Item No.: A00l.010" in Warranty Deed 2007-0354054, Official
Records of Maricopa County;
thence along the South line thereof, North 89°49’02” East, a distance of 869.96 feet to
the Southeast corner of said “Item No.: A00l.010” and the Northwest corner of “ROGERS
RANCH PARCEL 9” subdivision, recorded in Book 817, of Maps, Page 16, Official Records of
Maricopa County;
thence along the West line thereof, South 00°09’49” West, a distance of 330.00 feet to
the Southeast corner of the Northwest quarter of the Southwest quarter of Section 33 and the
Northeast corner of “ARIZONA GENERAL HOSPITAL” subdivision, recorded in Book 1188, of
Maps, Page 12, Official Records of Maricopa County;
thence along North line thereof, South 89°49’02” West, a distance of 868.01 feet to the
TRUE POINT OF BEGINNING.




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Amend City Code - Ordinance Adoption - Rezoning Application Z-30-21-2 -
Southeast Corner of the 29th Avenue Alignment and the Bronco Butte Trail
Alignment (Ordinance G-6899)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
PCD NBCOD, approved C-2 or CP M-R PCD NBCOD (Planned Community District,
North Black Canyon Overlay District, approved Intermediate Commercial or
Commerce Park, Mid-Rise, Planned Community District, North Black Canyon Overlay
District) to C-2 HGT/WVR DNS/WVR NBCOD (Intermediate Commercial, Height
Waiver, Density Waiver, North Black Canyon Overlay District) to remove the PCD
designation and allow multifamily residential.

Summary
Current Zoning: PCD NBCOD (Approved C-2 or CP M-R PCD NBCOD)
Proposed Zoning: C-2 HGT/WVR DNS/WVR NBCOD
Acreage: 20.96 acres
Proposed Use: Removal of PCD zoning and allow multifamily residential

Owner: Robert and Sabrina Eaton
Applicant: CWS Capital Partners, LLC
Representative: Wendy Riddell, Berry Riddell, LLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The North Gateway Village Planning Committee heard this case on Aug.
12, 2021 and recommended approval, per the staff recommendation, by a vote of 6-0.
PC Action: The Planning Commission heard this case on Sept. 2, 2021 and
recommended approval, per the North Gateway Village Planning Committee
recommendation with an additional stipulation, by a vote of 9-0.

Location
Southeast corner of the 29th Avenue alignment and the Bronco Butte Trail alignment
Council District: 2
Parcel Address: N/A



Page 299

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 300
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-30-21-2) FROM PCD NBCOD, APPROVED C-2 OR CP
M-R PCD NBCOD (PLANNED COMMUNITY DISTRICT, NORTH
BLACK CANYON OVERLAY DISTRICT, APPROVED
INTERMEDIATE COMMERCIAL OR COMMERCE PARK, MID-
RISE, PLANNED COMMUNITY DISTRICT, NORTH BLACK
CANYON OVERLAY DISTRICT) TO C-2 HGT/WVR DNS/WVR
NBCOD (INTERMEDIATE COMMERCIAL, HEIGHT WAIVER,
DENSITY WAIVER, NORTH BLACK CANYON OVERLAY
DISTRICT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 20.96-acre site located at the southeast

corner of the 29th Avenue alignment and the Bronco Butte Trail alignment in a portion of

Section 14, Township 5 North, Range 2 East, as described more specifically in Exhibit

“A”, is hereby changed from “PCD NBCOD (Approved C-2 of CP M-R PCD NBCOD”

(Planned Community District, North Black Canyon Overlay District, approved

Intermediate Commercial or Commerce Park, Mid-Rise, Planned Community District,

North Black Canyon Overlay District) to “C-2 HGT/WVR DNS/WVR NBCOD”




Page 301
(Intermediate Commercial, Height Waiver, Density Waiver, North Black Canyon Overlay

District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,

violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The development shall be in general conformance with the site plan and
elevations date stamped May 21, 2021, as modified by the following
stipulations and approved by the Planning and Development Department.

2. The development shall utilize the R-4 Planned Residential Development option.

3. An east-west pedestrian connection (Paseo del Prado) shall be provided in
accordance with the North Gateway Village Core Plan, as modified by the
following stipulations and approved by the Planning and Development
Department:

a. The Paseo del Prado shall align with any existing easements and
continue through the entirety of the site from east to west.

b. A pedestrian access easement of 20 feet shall be dedicated for the
pedestrian connection (Paseo del Prado). Of the 20 feet, 12 feet shall
remain completely free of any pedestrian impediments, including
benches. The remaining 8 feet may be used for pedestrian friendly
amenities or features, such as benches, tables, courtyards, etc.

c. A minimum of 75% of the 20-foot pedestrian access easement for the
Paseo del Prado shall be shaded by a structure, landscaping, or a
combination of the two.

d. The site shall be designed in such a manner that the building placement
creates an alignment and synergy for the Paseo del Prado. This can be
achieved by placing uses such as outdoor amenity areas, outdoor
seating, and points of architectural interest along the pedestrian path.




Page 302
4. The developer shall provide secured bicycle parking per Section 1307 of the
parking spaces shall be provided for guests located near the club house or
distributed throughout the site and installed per the requirements of Section
1307.H of the Zoning Ordinance, as approved by the Planning and
Development Department.

5. All sidewalks along streets shall be detached with a minimum 10-foot-wide
landscaped strip located between the sidewalk and back of curb and shall
include minimum two-inch caliper shade trees planted a minimum of 20 feet on
center or in equivalent groupings along both sides of the sidewalk, as approved
by the Planning and Development Department.

6. A minimum of 75% of pedestrian pathways and sidewalks shall be shaded by a
structure, landscaping, or combination of the two, as approved by the Planning
and Development Department.

7. Where pedestrian pathways cross drive aisles, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave parking surfaces and drive aisles, as
approved by the Planning and Development Department.

8. Pedestrian pathways shall be provided to connect building entrances, public
sidewalks, and community amenities, using the most direct route for
pedestrians as approved by the Planning and Development Department.

9. The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study
is reviewed and approved by the City. Contact the Street Transportation
Department to set up a meeting to discuss the requirements of the study.
Upon completion of the TIS, the developer shall submit the completed TIS to
the Planning and Development Department counter with instruction to forward
the study to the Street Transportation Department.

10. The developer shall dedicate and construct the east half of 29th Avenue, as
required by the Traffic Impact Study and as approved by the Street
Transportation Department.

11. The developer shall dedicate and construct the south half of Bronco Butte Trail
connecting to the existing Bronco Butte Trail to the east, as required by the
Traffic Impact Study and as approved by the Street Transportation Department.

12. The developer shall accommodate right-of-way for flared intersections at 29th
Avenue and Bronco Butte Trail, as required by the Traffic Impact Study and as
approved by the Street Transportation Department.




Page 303
13. The developer shall provide conduit and junction boxes at the southeast corner
of 29th Avenue and Bronco Butte Trail and a 25% escrow contribution for the
future traffic signal prior to preliminary site plan approval, as approved by the
Street Transportation Department.

14. The developer shall provide $50,000 in escrow to fund a traffic control device
for a pedestrian crossing at the intersection of 29th Avenue and the Paseo del
Prado trail path, as depicted on the site plan date stamped May 21, 2021, and
to fund a raised median island for pedestrian refuge along 29th Avenue, prior
to preliminary site plan approval and as approved by the Street Transportation
Department.

15. The developer shall provide a shaded amenity area for pedestrians at the
intersection of 29th Avenue and the paseo trail path, as depicted on the site
plan date stamped May 21, 2021, and as approved by the Planning and
Development Department.

16. The developer shall dedicate and construct right-of-way to connect to two
existing public streets, as approved by the Street Transportation Department.

17. The developer shall construct all streets within and adjacent to the
development 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.

18. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeology 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.

19. 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, determine such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.

20. 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.

21. 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.




Page 304
SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 6th day of October,

2021.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher, City Manager



Exhibits:




Page 305
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 306
EXHIBIT A

LEGAL DESCRIPTION FOR Z-30-21-2:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:

THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 5 NORTH, RANGE 2 EAST OF GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA.

EXCEPT THEREFROM ANY PORTION LYING WITHIN THE FINAL PLAT OF
"LEGACY SPORTS HOTEL," AS RECORDED IN BOOK 1482 OF MAPS, PAGE 02,
RECORDS OF MARICOPA COUNTY, ARIZONA.




Page 307
Page 308



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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-26-21-4 -
Approximately 270 Feet South of the Southwest Corner of 17th Street and
Glenrosa Avenue (Ordinance G-6900)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-3 (Multifamily Residence District) to R-4 (Multifamily Residence District) to allow a
multifamily residential development.

Summary
Current Zoning: R-3 (Multifamily Residence District)
Proposed Zoning: R-4 (Multifamily Residence District)
Acreage: 0.64 acres
Proposal: Multifamily residential development

Owner/Applicant: Sanchez Partners, LLC
Representative: Ashley Marsh, Gammage & Burnham, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on Aug.
3, 2021 and recommended approval, per the staff recommendation with a modification,
by a vote of 14-0.
PC Action: The Planning Commission heard this case on Sept. 2, 2021 and
recommended approval, per the Camelback East Village Planning Committee
recommendation with an additional stipulation, by a vote of 9-0.

Location
Approximately 270 feet south of the southwest corner of 17th Street and Glenrosa
Avenue
Council District: 4
Parcel Address: 4228 N. 17th St.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.


Page 309
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-26-21-4) FROM R-3 (MULTIFAMILY RESIDENCE
DISTRICT) TO R-4 (MULTIFAMILY RESIDENCE DISTRICT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 0.64 acre site located approximately 270 feet

south of the southwest corner of 17th Street and Glenrosa Avenue in a portion of

Section 22, Township 2 North, Range 3 East, as described more specifically in Exhibit

“A”, is hereby changed from “R-3” (Multifamily Residence District) to “R-4” (Multifamily

Residence District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,




Page 310
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The development shall be in general conformance with the site plan and
elevations date stamped May 5, 2021, as modified by the following stipulations
and approved by the Planning and Development Department.

2. There shall be a minimum 5-foot-wide detached sidewalk along 17th Street with a
minimum 5-foot-wide landscaped strip located between the sidewalk and back of
curb that shall include minimum 2-inch caliper shade trees planted a minimum of
20 feet on center or in equivalent groupings along both sides of the sidewalk, as
approved by the Planning and Development Department. Where utility conflicts
exist, the developer shall work with the Planning and Development Department
on alternative design solutions consistent with a pedestrian environment.

3. Minimum 2-inch caliper trees, planted 20 feet on center or in equivalent
groupings, shall be provided along the western, northern and southern perimeter
property lines, as approved or modified by the Planning and Development
Department.

4. All required landscape areas and setbacks shall have minimum 75 percent live
groundcover in the form of shrubs, grasses, or groundcover plants.

5. All uncovered surface parking lot areas shall be landscaped with a minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking area as approved by Planning and Development
Department.

6. Minimum 50 percent shade and a minimum of 50 percent live vegetative cover
(shrubs, grasses, or groundcover plants) shall be provided in all open space
areas.

7. Bicycle parking spaces at a minimum rate of 0.25 spaces per residential unit shall
be provided through Inverted U and/or artistic racks (in adherence to the City of
Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle Master
Plan) or “Outdoor/Covered Facilities” for guests located near entrances or
amenity areas and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department.

8. Clearly defined, accessible pedestrian pathways shall be provided to connect
building entrances and public sidewalks, using the most direct route for
pedestrians, as approved by the Planning and Development Department.




Page 311
9. Where pedestrian pathways cross drive aisles, they shall be constructed of
decorative pavers, stamped or colored concrete, or other pavement treatments
that visually contrast with the adjacent parking and drive aisle surfaces, as
approved by the Planning and Development Department.

10. Trees shall be placed to provide 75 percent shade coverage on all pedestrian
paths and sidewalks at full maturity, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work
with the Planning and Development Department on alternative design solutions
consistent with a pedestrian environment.

11. The developer shall underground all new or relocated existing overhead utility lines
that are adjacent to the parcel and affected by the development.

12. The developer shall construct all streets within and 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 the current ADA Guidelines.

13. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor International Airport (PHX) to
future owners or tenants of the property. The form and content of such
documents shall be according to the templates and instructions provided which
have been reviewed and approved by the City Attorney.

14. The developer shall grant and record an aviation easement to the City of Phoenix
for the site, per the content and form prescribed by the City Attorney prior to final
site plan approval.

15. The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction analysis
review process, prior to construction permit approval, as per plans approved by
the Planning and Development Department.

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 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.

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.


Page 312
19. 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.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 6th day of October,

2021.


________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager

Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)


Page 313
EXHIBIT A

LEGAL DESCRIPTION FOR Z-26-21-4

WITHIN A PORTION OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 3 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:


THE SOUTH HALF OF LOT 22, MORNINGSIDE ACRES, ACCORDING TO THE PLAT
OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA IN BOOK OF MAPS PAGE 17.




Page 314
Page 315



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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-24-21-7 -
Northeast Corner of 51st Avenue and Southern Avenue (Ordinance G-6901)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
S-1 (Ranch or Farm Residence District) to R-2 (Multifamily Residence District) to allow
a multifamily residential development.

Summary
Current Zoning: S-1
Proposed Zoning: R-2
Acreage: 15.43
Proposed Use: Multifamily residential development

Owner: R&J Farm, LLC c/o Empire Group
Applicant: Brennan Ray, Burch and Cracchiolo P.A.
Representative: Brennan Ray, Burch and Cracchiolo P.A.

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Laveen Village Planning Committee heard this case on Aug. 9, 2021
and recommended approval, per the staff recommendation with additional stipulations,
by a vote of 11-0.
PC Action: The Planning Commission heard this case on Sept. 2, 2021 and
recommended approval, per the Laveen Village Planning Committee recommendation
with a modification and an additional stipulation, by a vote of 9-0.

Location
Northeast corner of 51st Avenue and Southern Avenue
Council District: 7
Parcel Address: 4952 W. Southern Ave.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.



Page 316
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-24-21-7) FROM S-1 (RANCH OR FARM RESIDENCE
DISTRICT) TO R-2 (MULTIFAMILY RESIDENCE DISTRICT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 15.43-acre site located at the northeast

corner of 51st Avenue and Southern Avenue in a portion of Section 28, Township 1

North, Range 2 East, as described more specifically in Exhibit “A”, is hereby changed

from “S-1” (Ranch or Farm Residence District) to “R-2” (Multifamily Residence District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,

violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:



Page 317
1. The development shall be in general conformance with the site plan date
stamped July 26, 2021, with specific regard to the following elements, as
approved by the Planning and Development Department:

a. A minimum 25-foot wide landscape setback shall be provided along 51st
Avenue and Southern Avenue.

b. A minimum building setback of 20 feet shall be provided along the
eastern property line.

2. The development shall be in general conformance with the building elevations
date stamped April 30, 2021, as modified by the following stipulations and
approved by the Planning and Development Department.

a. Front elevations shall contain minimum 25 percent non-stucco accent
material such as stone or textured brick.

3. The required landscape setbacks shall be planted with minimum 50-percent 2-
inch caliper and 50-percent 3-inch caliper large canopy drought-tolerant trees,
20 feet on center or in equivalent groupings, and five 5-gallon shrubs per tree,
as approved by the Planning and Development Department.

4. The required landscape setback along the eastern property line shall be
planted with evergreen trees, as approved by the Planning and Development
Department.

5. The primary vehicular entrance to the development shall include the following
elements, as approved by the Planning and Development Department:

a. Pedestrian pathways connecting the interior of the development to the
public sidewalks along both sides of the vehicular driveway.

b. The pedestrian pathways shall be detached from the vehicular driveway
and lined with landscape areas on both sides of not less than 5 feet
each. The landscape area shall be planted with drought-tolerant plant
materials providing seasonal interest and 75 percent live cover.

c. A mix of ornamental trees (no less than 2-inch caliper), shrubs (no less
than five five-gallon shrubs per tree) and flower beds that will maintain a
constant bloom throughout the year and 75 percent live cover, shall be
provided along both sides of the entryway and within a landscaped
median of no less than 5 feet in width.

d. The entry driveway surface shall be constructed of decorative pavers,
stamped or colored concrete, or another material, other than those used
to pave the parking surfaces, as approved by the Planning and
Development Department.



Page 318
6. Open view fencing or a combination of maximum two feet of solid masonry
topped by open view fencing shall be utilized along perimeter pedestrian and
vehicular entryway areas, as approved by the Planning and Development
Department.

7. Perimeter walls along public streets shall include material and textural
differences, such as stucco and/or split face block with a decorative element,
such as tile or stamped designs, as approved by the Planning and
Development Department.

8. Decorative rail or similar fencing elements shall be provided along 51st Avenue
and Southern Avenue, as approved by the Planning and Development
Department.

9. A central amenity and open space area shall be provided within close proximity
to the primary vehicular entrance into the development and include the
following amenities at a minimum, except as noted herein, as approved by the
Planning and Development Department:

a. Swimming pool.

b. Clubhouse.

c. Two picnic areas, each with one barbecue grill, shade ramada and a
picnic table.

d. Three benches or seating features that may be distributed throughout the
development within shaded areas. One of the benches or seating
features shall be located within close proximity to the primary entryway
along 51st Avenue.

10. No more than 50 percent of the landscape areas within common areas or 10
percent of the net development area whichever is less, should be planted in turf
or high-water use plants. Turf areas should be located only in the common
open space areas, including retention basins, as approved by the Planning and
Development Department. This requirement does not apply to landscaping
located within private yards in individual units.

11. A system of pedestrian thoroughfares shall be provided at a minimum, as
described below and as approved or modified by the Planning and
Development Department:

a. A minimum of two pedestrian paths connecting to the sidewalk along
51st Avenue. One of the pathways shall provide a connection to the
intersection of 51st Avenue and Southern Avenue via the most direct
route.




Page 319
b. A minimum of one pedestrian path connecting the sidewalk along
Southern Avenue.

c. Pathway illuminated by pedestrian scale lighting per Section 1304(H)5
connecting the southwest portion of the site through the central amenity
area to the residential buildings along the northeast portion of the site.

d. 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. Vehicular crossings shall be kept to a minimum.

e. Connections to/between:

(1) All buildings on site.

(2) All active open space areas.

(3) Adjacent public sidewalks.

(4) Intersection of 51st Avenue and Southern Avenue.

(5) Bus pad along 51st Avenue.

12. Active open space areas shall be shaded a minimum of 50 percent using
architectural shade and/or shade trees at full maturity, as approved by the
Planning and Development Department.

13. Pedestrian paths within the site and connecting to the public sidewalk shall be
shaded to a minimum of 50 percent using architectural shade and/or shade
trees at full maturity, as approved by the Planning and Development
Department.

14. The bus stop pad shall be shaded to a minimum of 50 percent using shade
trees at full maturity, as approved by the Planning and Development
Department.

15. All uncovered surface parking lot areas 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.

16. The multi-use trail along 51st Avenue shall be shaded to a minimum of 50
percent using shade trees at full maturity, as approved by the Planning and
Development Department.

17. The public sidewalks along 51st Avenue and Southern Avenue shall be
detached following the most recent Street Classification Map Cross Section


Page 320
and planted to the following standards, as approved by the Planning and
Development Department:

a. Minimum 2-inch caliper large canopy drought-tolerant shade trees placed
a minimum of 25 feet on center or in equivalent groupings.

b. Drought tolerant vegetation designed to grow to a maximum mature
height of 24 inches and achieve 75 percent live coverage.

c. The public sidewalks shall be shaded to a minimum 75 percent by
vegetative shade 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.

18. The development shall incorporate bicycle infrastructure as described below
and as approved by the Planning and Development Department.

a. Minimum of four bicycle parking spaces via inverted U-bicycle racks,
artistic style bicycle racks or “Outdoor/Covered Facilities” shall be
located near each of the vehicular entryways into the development or
amenity areas. All bicycle racks shall adhere to Appendix K of the
Comprehensive Bicycle Master Plan.

b. One bicycle repair station (“fix it station”) shall be provided and
maintained within close proximity to the primary vehicular entryway to the
development or amenity areas. 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: standard repair tools affixed to the station; a tire gauge and
pump affixed to the base of the station or the ground; and a bicycle
repair stand which allows pedals and wheels to spin freely while making
adjustments to the bike.

19. The developer shall dedicate a 25-foot-wide multi-use trail easement (MUTE)
along the east side of 51st Avenue, and shall construct a 10-foot-wide multi-use
trail (MUT) within the easement as indicated in Section 429 of the City of
Phoenix MAG Supplement, as approved or modified by the Planning and
Development Department.

20. The developer shall provide traffic calming measures at all vehicular points of
ingress and egress to slow vehicles departing the development and crossing
the public sidewalks, as approved by the Planning and Development
Department.

21. The right-of-way and bus bay shall be retained for the bus stop pad along
northbound 51st Avenue north of Southern Avenue. The bus bay shall be


Page 321
compliant with City of Phoenix Standard Detail P1256, while the bus stop pad
shall be compliant with City of Phoenix Standard Detail P1261 with a minimum
depth of 10 feet, as approved by the Planning and Development Department.

22. The developer shall construct the north half of Southern Avenue to City of
Phoenix CM Cross Section standards with a 14-foot-wide landscaped median
island, as approved by the Planning and Development Department.

23. The developer shall modify the existing 14-foot-wide landscape median along
51st Avenue to add a left turn pocket, as approved by the Street Transportation
Department.

24. The developer at their expense, shall be responsible for all required
modifications to the existing traffic signal at 51st Avenue and Southern Avenue,
as approved by the Street Transportation Department.

25. The developer shall underground all existing electrical utilities within the public
right-of-way that are impacted or need to be relocated as part of this project, as
approved by the Planning and Development Department. The developer shall
coordinate with the affected utility company for their review and permitting.

26. The developer shall construct all streets within and adjacent to the
development 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.

27. Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property within the development the existence and
operational characteristics of industrial (non-residential) uses along the eastern
property line of the site. The form and content of such documents shall be
reviewed and approved by the City Attorney.

28. Prior to issuance of a final certificate of occupancy, the developer must install a
sign (approximately 8 inches by 11 inches in size) within the development's
sales/leasing office that is visible to prospective renters or purchasers which
discloses the existence and operational characteristics of industrial (non-
residential) uses along the eastern property line of the site, and which discloses
the proximity of the Phoenix Sky Harbor International Airport and increased
frequency of overflight and related aircraft noise, as approved by the Planning
and Development Department.

29. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor International Airport (PHX) to
future owners or tenants of the property. The form and content of such
documents shall be according to the templates and instructions provided which
have been reviewed and approved by the City Attorney.



Page 322
30. The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.

31. In the event archeological 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 Archeologist, and allow time for the
Archeology Office to properly assess the materials.

32. Streetscape landscaping along 51st Avenue and Southern Avenue shall be
installed prior to the issuance of building permits for any residential building.

33. The development shall have deceleration lanes at the 51st Avenue and
Southern Avenue vehicular entry drives, as approved by the Street
Transportation Department.

34. 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.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 6th day of October,

2021.


________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney



Page 323
By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager


Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)




Page 324
EXHIBIT A

LEGAL DESCRIPTION FOR Z-24-21-7

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:

A PORTION OF LOT 54, MARICOPA GARDEN FARMS, ACCORDING TO THE PLAT
OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA, RECORDED IN BOOK 11 OF MAPS, PAGE 38, IN THE OFFICE
OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A BRASS CAP IN HANDHOLE AT THE INTERSECTION OF 51ST
AVENUE AND SOUTHERN AVENUE MARKING THE SOUTHWEST CORNER OF
SECTION 28, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SLAT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA FROM WHICH A
BRASS CAP IN POTHOLE AT THE INTERSECTION OF 51ST AVENUE AND
ROESER ROAD MARKING THE WEST QUARTER CORNER OF SAID SECTION 28
BEARS NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 2648.10 FEET,
SAID LINE BEING THE WEST LINE OF SAID SOUTHWEST QUARTER AND THE
BASIS FOR THE BEARINGS IN THIS DESCRIPTION:

THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 179.08 FEET
ALONG SAID WEST LINE:

THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 40.00 FEET TO
THE EAST LINE OF THE WEST 40.00 FEET OF THE SOUTHWEST QUARTER OF
SAID SECTION 28 AND THE POINT OF BEGINNING;

THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 839. 78 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 620.07 FEET TO
THE EAST LINE OF SAID LOT 54;

THENCE SOUTH 00 DEGREES 01 MINUTE 33 SECONDS WEST, 943.13 FEET
ALONG SAID EAST LINE TO THE NORTH LINE OF THE SOUTH 75.00 FEET OF
THE SOUTHWEST QUARTER OF SAID SECTION 28;

THENCE SOUTH 89 DEGREES 56 MINUTES 12 SECONDS WEST, 320.00 FEET
ALONG SAID NORTH LINE;

THENCE NORTH 00 DEGREES 03 MINUTES 48 SECONDS WEST 10.00 FEET TO
THE NORTH LINE OF THE SOUTH 85.00 FEET OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 89 DEGREES 56 MINUTES 12 SECONDS WEST, 224.63 FEET
ALONG SAID NORTH LINE;

THENCE NORTH 45 DEGREES 01 MINUTE 54 SECONDS WEST, 77.74 FEET TO
THE EAST LINE OF THE WEST 60.00 FEET OF SAID SOUTHWEST QUARTER;


Page 325
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 39.01 FEET
ALONG SAID EAST LINE;

THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 20.00 FEET TO
THE POINT OF BEGINNING;

EXCEPT THAT PORTION DEEDED TO THE CITY OF PHOENIX, A MUNICIPAL
CORPORATION OF THE STATE OF ARIZONA, IN WARRANTY DEED RECORDED
IN DOCUMENT NO. 20071125448, AND RE-RECORDED IN DOCUMENT NO.
20080463893, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THAT PART OF LOT 54, MARICOPA COUNTY FARMS, ACCORDING TO THE PLAT
OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA IN BOOK 11 OF MAPS, PAGE 38, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 1
NORTH, RANGE 2 EAST, GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA;

THENCE NORTH 00 DEGREES 00 MINUTES 10 SECONDS WEST ALONG THE
WEST LINE OF SAID SECTION, A DISTANCE OF 179.08 FEET;

THENCE NORTH 89 DEGREES 59 MINUTES 50 SECONDS EAST, A DISTANCE OF
40 FEET TO THE POINT OF BEGINNING;

THENCE NORTH 00 DEGREES 00 MINUTES 10 SECONDS WEST, A DISTANCE OF
720.71 FEET;

THENCE SOUTH 02 DEGREES 44 MINUTES 23 SECONDS EAST, A DISTANCE OF
198.24 FEET;

THENCE SOUTH 01 DEGREE 35 MINUTES 38 SECONDS EAST, A DISTANCE OF
364.34 FEET;

THENCE SOUTH 00 DEGREES 00 MINUTES 10 SECONDS EAST, A DISTANCE OF
75.28 FEET;

THENCE SOUTH 18 DEGREES 00 MINUTES 25 SECONDS EAST, A DISTANCE OF
40.17 FEET;

THENCE SOUTH 00 DEGREES 00 MINUTES 10 SECONDS EAST, A DISTANCE OF
29.29 FEET;

THENCE SOUTH 10 DEGREES 31 MINUTES 05 SECONDS WEST, A DISTANCE OF
57.27 FEET;

THENCE NORTH 45 DEGREES 02 MINUTES 03 SECONDS WEST, A DISTANCE OF
2.18 FEET;



Page 326
THENCE NORTH 00 DEGREES 00 MINUTES 10 SECONDS WEST, A DISTANCE OF
39.06 FEET;

THENCE SOUTH 89 DEGREES 56 MINUTES 02 SECONDS WEST, A DISTANCE OF
20.00 FEET TO THE POINT OF BEGINNING.




Page 327
Page 328



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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-34-21-7 -
Approximately 1,130 Feet South of the Southeast Corner of 39th Avenue and
Miami Street (Ordinance G-6902)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
A-1 (Light Industrial District) and A-2 (Industrial District) to A-2 (Industrial District) to
allow a truck repair facility.

Summary
Current Zoning: A-1 (1.10 acres) and A-2 (0.80 acres)
Proposed Zoning: A-2
Acreage: 1.90
Proposed Use: Truck repair facility

Owner: Carmen Haugan
Applicant: Brad Pilon, Design Barbarians Architects
Representative: Brad Pilon, Design Barbarians Architects

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee heard this case on Aug. 17, 2021
and recommended approval, per the staff recommendation, by a vote of 8-0.
PC Action: The Planning Commission heard this case on Sept. 2, 2021 and
recommended approval, per the Estrella Village Planning Committee recommendation
with an additional stipulation, by a vote of 8-1.

Location
Approximately 1,130 feet south of the southeast corner of 39th Avenue and Miami
Street
Council District: 7
Parcel Address: 3550 S. 39th Ave.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.


Page 329
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-34-21-7) FROM A-1 (LIGHT INDUSTRIAL DISTRICT)
AND A-2 (INDUSTRIAL DISTRICT) TO A-2 (INDUSTRIAL
DISTRICT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 1.90-acre site located approximately 1,130

feet south of the southeast corner of 39th Avenue and Miami Street in a portion of

Section 22, Township 1 North, Range 2 East, as described more specifically in Exhibit

“A”, is hereby changed from 1.10 acres of “A-1” (Light Industrial District) and 0.80 acres

of “A-2” (Industrial District) to 1.90 acres of “A-2” (Industrial District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,




Page 330
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The maximum building height shall be limited to 30 feet.

2. The developer shall pave 39th Avenue per the collector street standards
starting at the entrance of the subject site and terminating 310 feet north of the
subject site along 39th Avenue, as approved by the Planning and Development
Department.

3. The property owner shall record documents that disclose the existence, and
operational characteristics of the Phoenix Sky Harbor International Airport
(PHX) to future owners or tenants of the property. The form and content of
such documents shall be according to the templates and instructions provided
which have been reviewed and approved by the City Attorney.

4. The developer shall provide documentation to the City prior to construction
permit approval that Form 7460-1 has been filed for all development required
by the FAA to file this form, 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, as required by the FAA, a
separate Form 7460-1 shall be submitted to the FAA and a “No Hazard
Determination” obtained prior to the construction start date.

5. 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.

6. 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.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 6th day of October,

2021.



Page 331
________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________




REVIEWED BY:


_________________________
Ed Zuercher City Manager


Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 332
EXHIBIT A

LEGAL DESCRIPTION FOR Z-34-21-7

THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
COMMECING AT THE NORTH QUARTER CORNER OF SAID SECTION 22; THENCE
SOUTH 00 DEGREES, 05 MINUTES, 55 SECONDS EAST ALONG THE WEST LINE
OF THE NORTHEAST QUARTER OF SECTION 22, A DISTANCE OF 2,499.3 FEET
TO A POINT MARKED BY A 1/2 INCH REBAR, SAID POINT BEING THE TRUE
POINT OF BEGINNING.
THENCE SOUTH 00 DEGREES, 05 MINUTES, 55 SECONDS EAST A DISTANCE O
179.87 FEET;
THENCE SOUTH 04 DEGREES, 41 MINUTES, 18 SECONDS EAST A DISTANCE OF
80.32 FEET;
THENCE NORTH 89 DEGREES, 38 MINUTES, 22 SECONDS WEST A DISTANCE OF
491.92 FEET;
THENCE NORTH 04 DEGREES, 41 MINUTES, 18 SECONDS WEST A DISTANCE OF
80.32 FEET;
THENCE NORTH 89 DEGREES, 37 MINUTES, 22 SECONDS WEST A DISTANCE OF
28.98 FEET TO A POINT OF A NON-TANGENT CURVE CONCAVE TO THE
NORTHWEST, SAID CURVE HAVING A RADIUS OF 359.54 FEEET AND A
CENTRAL ANGLE OF 21 DEGREES, 02 MINUTES, 16 SECONDS;
THENCE ALONG SAID CURVE AN ARC LENGTH OF 132.01 FEET TO A TANGENT
LINE;
THENCE ALONG SAID TANGENT LINE NORTH 68 DEGREES, 01 MINUTES, 31
SECONDS EAST A DISTANCE OF 383.88 FEET;
THENCE NORTH 79 DEGREES, 23 MINUTES, 10 SECONDS EAST A DISTANCE OF
36.48 FEET TO THE TRUE NORTH POINT OF BEGINNING.




Page 333
Page 334



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Item text
Public Hearing - Appeal of Hearing Officer Decision - Abandonment of Alleyway
Easement - ABND 210015 - Calle Redonda, between 54th Way and 54th Court

Abandonment: ABND 210015
Project: 05-1208
Abandonment Applicant: Mike Ragland
Date of Abandonment Hearing Officer’s Decision: June 3, 2021
Appellant: Mike Ragland

Summary
Appellant is the original Applicant for abandonment, and is appealing the Hearing
Officer's DENIAL of the request to abandon an alley in the vicinity of Calle Redonda,
between 54th Way and 54th Court. The Appellant's narrative, the hearing summary, as
well as the original staff report with suggested technical stipulations for approval, have
been attached for consideration by City Council. Opposition was present at the original
hearing.

Location
Calle Redonda, between 54th Way and 54th Court
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 335
ATTACHMENT A Planning and Development




Page 336




Maricopa County Assessor's Office

1 inch = 80 feet
Disclaimer : The information provided on this map is based on record drawings submitted by others.
0 30 60 120 Feet Date: 3/30/2021
Users of this information are cautioned that independent verification of actual conditions may be necessary. P rinting Water Data is for Internal Staff Only ±
Abandonment
Decision Appeal

In accordance with Section 31-70, Article V of the City Code, the decision of the Abandonment
Hearing Officer regarding the abandonment of public rights-of way may be appealed. Any
decision of the Abandonment Hearing Officer shall be considered final unless a person
aggrieved thereby, files a written Notice of Abandonment Appeal with the Planning &
Development Department within fifteen calendar days after the decision is made. The
completed abandonment appeal form and filing fee* must be submitted to the Planning &
Development Department, Check-In/Information Counter, located at 200 West Washington
Street, 2nd floor, Phoenix, Arizona 85003.

*All fees are pursuant to the current Fee Schedule contained in Appendix A.2. of the
Phoenix City Code.
Appellant’s Name: Mike Ragland

Address: 3823 N 54th Way City: Phoenix State: AZ Zip: 85018


Phone: 602-292-2224 Email: mike.ragland@cbre.com

Affiliation:

Appeal to City Council
Be specific as to what you are appealing. Include the rationale for your appeal. Attachments
may be included.

Abandonment # V- 210015 Date Heard: May 13, 2021

Located at approximately: 54th Way & Calle Redonda

Abandonment Hearing Officer: Approved Denied

Appealing Decision: Yes, the Hearing Officer's decision was in part based upon misleading and incorrect statements of fact
provided during the Hearing and otherwise referenced in the Hearing Officer's Findings and Decision.

Appealing Stipulation: Yes, Street Transportation Department. Stipulation that the alley "Driveways shall be removed and replaced with a new curb & gutter". The Hearing Officer either directly stated or otherwise implied it was not


reasonable for ST Dept to require and also not necessary considering that even if the alley were to be abandoned - all public utility easements (SRP power lines / Cox / sewer) for utility truck access will still be mandated and enforced.



Appealing Stipulation:

Appealing Stipulation:

------------------------------------------------------------- Staff Use Only --------------------------------------------------------------
Received By: Receipt #: Date:
Reviewed By: Receipt #: Date:

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 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats
(Braille, large print, or digital media) upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment Decision Appeal TRT/DOC/00005
WEB\ EXTERNAL dsd_trt_pdf_00005 Rev. 11/12


Page 337
Abandonment
Application

This application must be submitted to start the process to abandon any public rights-of-way and/or easements
controlled by the city of Phoenix. A completed application must be submitted, together with a sketch of the area
to be abandoned and the appropriate fee to the Planning & Development Department, 200 West Washington
Street (2nd floor), Phoenix, Arizona 85003. For additional information, call (602) 256-3487.

Applicant: ___________________________________________________________________________________
Address: ____________________________________________________________________________________
City: ____________________________________ State: _________________ Zip: __________________
Phone: _____________________________________ Email: ________________________________________
Contact (If other than Applicant): ________________________________________________________________
Address: ____________________________________________________________________________________
City: _______________________________________ State: _________________ Zip: __________________
Phone: _____________________________________ Email: ________________________________________

APN# of Parcel(s) Adjacent to Requested Abandonment: _____________________________________________
___________________________________________________________________________________________
Name of Street(s) to be abandoned: ______________________________________________________________
___________________________________________________________________________________________
Location/Description of Alley(s) or Easement(s) to be Abandoned (please be specific):
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Quarter Section #: __________ Zoning District: _________ Village: ________________________________

Reason to Abandon (additional pages may be attached): _____________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
______________________________________________________________________________
___________________________________________________________________________________________
------------------------------------------------------------- St aff U se O n l y --------------------------------------------------------------

Abandonment #: ___________ Folder #: _________ Total Abandonment Application Fee: $ 1930
____________
3.29.2021
Submittal Date: ________________________ Informal Abandonment (w/o hearing): $ _______________
Maggie Dellow MDE
Reviewed By: ________________________ X Abandonment, Non-Single Family: $ 1930
_________________
Annexation Date: November 2, 1961
_______________________ Abandonment, Single Family: _______________________
Site Plan # (if applicable): ________________ Appraisal Section Notified: Yes No N/A


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 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats
(Braille, large print, or digital media) upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment Application TRT/DOC/00078A
WEB\ EXTERNAL dsd_trt_pdf_00078A Rev.

Page 338
Abandonment, Right-of-Way
Petition

A signed right-of-way abandonment petition must be submitted when filing your abandonment application. Please
read the entire form before signing. For additional information, contact the Planning and Development
Department at (602) 256-3487.
We, as property owners, support the proposed abandonment for the following reasons:
It will help to increase security,
It will increase the buildable area of the lot(s),
It will remove unnecessary right-of-way or easements to permit development of the property, or
Other:
We, as property owners, understand that if there are public utilities located within the area to be abandoned, all
right-of-way within the proposed abandonment area shall be retained as a public utilities easement (PUE) or as
may be modified by the affected utility companies with 24-hour vehicle maintenance access. We further
understand that no structure of any kind shall be constructed or placed within the easement except removable-
type fencing and/or paving. Removable type fencing must not require the installation of footers within the PUE.
No planting within the PUE unless approved by the City of Phoenix. The affected utility company shall not be
required to replace any obstructions, paving or planting that must be removed during the course of
required maintenance, reconstruction and/or construction.
Or
We, as property owners, understand that we may choose to relocate all utilities affected by the abandonment. If
we choose this alternative, we understand that we, as the property owners, would be responsible for the cost of
relocating any affected utilities to locations approved by that utility company.
To ensure continued maintenance and repairs of the street, the public rights-of-way would be abandoned
to the adjacent individual property owner(s) or a Homeowners Association where one exists. The
Homeowners Association or adjacent individual property owners would assume all liability and
maintenance cost of the abandoned public right-of-way and any improvements.
We, as the property owners, understand that if the abandonment of the public right-of-way is approved, the
Homeowners Association (or individual property owners) shall purchase all streetlights from the City of Phoenix in
the proposed abandonment area, or the Homeowners Association (or individual property owners) will be
responsible for replacing them with private lighting. This will be done at no expense to the City of Phoenix. We
also understand that the Homeowners Association (or individual property owners) will be responsible for and set
up their own electric account with the proper electric company in order to assume the responsibility of payment of
the electric costs.
We, as the property owners, understand that there may be additional costs incurred due to required
improvements to provide code compliant entrances/gating, etc. Requirements may include, but are not limited to,
gates, provisions for fire apparatus, dedicated right-of-way for required turnarounds, etc.

Any and all requirements and costs will be the responsibility of the Homeowners Association (or individual
property owners). All required improvements within the proposed abandonment area, as required by the
stipulations of the approved abandonment, will be completed at no expense to the City of Phoenix.

Per Phoenix City Code, Section 31-64 (e), if the request of abandonment is approved there will be a
consideration fee due and payable after the Abandonment Hearing Officer’s decision. Consideration fees are the
costs associated with purchasing land within the abandoned right-of-way from the City of Phoenix and are
calculated as follows:
Non-single family zoned right-of-way the greater of $500 or Fair Market Value (FMV)¹ of abandoned right-of-way
Single family residential zoned right-of-way $1 per square foot for first 500 square feet, $0.10 per square foot
thereafter; or FMV of abandoned right-of-way, as determined by City²
Notes:
¹ If the area to be abandoned is within or adjacent to an established redevelopment area, consideration may be
given in determining the FMV.
² For the area to be abandoned, consideration may be given to the transfer of ongoing property maintenance
responsibilities in determining the Abandonment Consideration Fee.

This publication can be made available in alternate formats (Braille, large print, computer diskette, or audiotape)
upon request. Contact the Planning & Development Department at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment, Right-of-Way Petition Page 339 TRT/DOC/00078E
WEB\ EXTERNAL dsd_trt_pdf_00078E 126-14D Rev.
Page 340
Abandonment, Right-of-Way Petition – Page 2 of 2 TRT/DOC/00078E



Neighborhood Notification Petition Requirement (required prior to filing for abandonment)
One hundred percent of the property owners in and/or abutting the affected area, as determined by the Street
Transportation Department, must be notified.

Street Abandonment Petition Requirement (signatures verified upon application for abandonment)
One hundred percent of property owners abutting the proposed abandonment must sign the petition in
support if four or fewer properties are immediately impacted.
Two-thirds of the residential property owners or a majority of the commercial property owners abutting the
proposed right-of-way abandonment must sign the petition in support if more than four properties are
immediately impacted.

Compliance with the above petition requirement does not guarantee approval of the request. It only allows for the
submittal of the Abandonment Application.

We, as the adjacent property owners, do hereby support the abandonment of: ____________________________

___________________________________________________________________________________________

as shown in the attached map dated _____________________________________________________________

ADDRESS LOT NO. PRINT NAME SIGNATURE




By abandoning the public right-of-way after all stipulations have been met, the City of Phoenix
relinquishes its ownership and future obligations.




Page 341
Abandonment, Right-of-Way Petition – Page 2 of 2 TRT/DOC/00078E



Neighborhood Notification Petition Requirement (required prior to filing for abandonment)
One hundred percent of the property owners in and/or abutting the affected area, as determined by the Street
Transportation Department, must be notified.

Street Abandonment Petition Requirement (signatures verified upon application for abandonment)
One hundred percent of property owners abutting the proposed abandonment must sign the petition in
support if four or fewer properties are immediately impacted.
Two-thirds of the residential property owners or a majority of the commercial property owners abutting the
proposed right-of-way abandonment must sign the petition in support if more than four properties are
immediately impacted.

Compliance with the above petition requirement does not guarantee approval of the request. It only allows for the
submittal of the Abandonment Application.

We, as the adjacent property owners, do hereby support the abandonment of: ____________________________

___________________________________________________________________________________________

as shown in the attached map dated _____________________________________________________________

ADDRESS LOT NO. PRINT NAME SIGNATURE




By abandoning the public right-of-way after all stipulations have been met, the City of Phoenix
relinquishes its ownership and future obligations.




Page 342
DocuSign Envelope ID: 993DEE37-79B9-4E03-81DD-C5FC38D5F6B9


Abandonment, Right-of-Way Petition – Page 2 of 2 TRT/DOC/00078E



Neighborhood Notification Petition Requirement (required prior to filing for abandonment)
One hundred percent of the property owners in and/or abutting the affected area, as determined by the Street
Transportation Department, must be notified.

Street Abandonment Petition Requirement (signatures verified upon application for abandonment)
One hundred percent of property owners abutting the proposed abandonment must sign the petition in
support if four or fewer properties are immediately impacted.
Two-thirds of the residential property owners or a majority of the commercial property owners abutting the
proposed right-of-way abandonment must sign the petition in support if more than four properties are
immediately impacted.

Compliance with the above petition requirement does not guarantee approval of the request. It only allows for the
submittal of the Abandonment Application.

We, as the adjacent property owners, do hereby support the abandonment of: ____________________________

___________________________________________________________________________________________

as shown in the attached map dated _____________________________________________________________

ADDRESS LOT NO. PRINT NAME SIGNATURE




By abandoning the public right-of-way after all stipulations have been met, the City of Phoenix
relinquishes its ownership and future obligations.




Page 343
Page 344
Page 345
by the $tr€er
the area, as
e
the property owners ina
Department, must be notified

must sign the petition in
One hu ndred percent of property owners abutfing the
support if four or fewer properties are immediatoly ofners abutting the
Two.thirds of the resldential Property ournor8 0r a are
proposed right-of-way abandonment
immed iately impacted.

ompliance with the above petition requirement doesnotguaranteeapprovalofthereque*ltonlyallowsforthe
rbmittalof the Abandonment APPlication'

Ue, as the adjacent propertY owners, do hereby support the abandonment
ot
cur alley way adja cent to our lot line as in the attached map.

ts shown in the attached maP dated -
ADDRESS LOT PRINT

3809 N ilth Way 273 Sean & Kori ShaPiro
3815 N 54th Way 272 Lindsay Hope & Alex Molleo

3823 N 54th Way 271 Mike & Jordan Ragland

3901 N 54th Way 274 DavU Hanselman & Laura Grisolano


5414 E Calle Redonda 14 Rebecca Clayton Hoyt
5408 E Calle Redonda 15 Roger & Deeann Bongiovanni

3624 N 54th Court 13 David & Dana Holt
3630 N 54th Court 12 Michael & Kelli Messenger

3636 N 54th Court 11 Tony & Alex Lo ngo Q




il'ffi ffi [1"#?Sffi l:Slliri',i]'Atffir"1Tfif,lstrpurauons have been met, the Clty of phoenlx




Page 346
ATTACHMENT B




Planning and Development Department




DENIAL -- ABND 210015




Your abandonment request was DENIED by Christopher DePerro, Abandonment Hearing
Officer.

A summary of the hearing, and the Hearing Officer’s findings and rationale, are included in this
letter.

You have the right to appeal this decision to City Council if an appeal application is
received by the Planning and Development Department within 15 calendar days of this
decision (latest appeal date: June 18, 2021). Please contact the Abandonment
Coordinator, Maggie Dellow at 602-256-3487, or abandonments@phoenix.gov, for
questions regarding appeals.






Page 347
Planning and Development Department


May 13, 2021
Abandonment Staff Report: ABND 210015
Project# 05-1208
Quarter Section: 16-40



Location: Calle Redonda, between 54th Way and 54th
Court


Applicant: Mike Ragland


Request to abandon: The alley area between 54th Way and 54th
Court, from Calle Redonda north to the
corner of the second alleyway that provides
access to 54th Court.



Purpose of request: The applicant states to increase lot coverage
and improve security.


Hearing date: May 13, 2021
TAKEN OUT FROM UNDER
ADVISEMENT ON JUNE 3, 2021






Page 348
Hearing Summary
Mr. Christopher DePerro, the Hearing Officer called the hearing to order on May 13, 2021. Mr.
DePerro then asked the Abandonment Coordinator to introduce abandonment case ABND
210015.
Ms. Maggie Dellow, the Abandonment Coordinator introduced the case by reading the
abandonment case into the record by stating the applicant, location, abandonment request, and
purpose of the request, as well as City staff research.
Mr. DePerro then started the discussion by asking the applicant if they would like to add any
additional comments regarding the abandonment request.
Mr. Mike Ragland, the applicant explained that he is seeking the proposed abandonment to help
with security. Mr. Ragland then stated that there has been a lot of illegal dumping taking place
within the alley. Mr. Ragland shared that, to the best of his knowledge, all nine of the neighbors
adjacent to the alley proposed for abandonment are in support of the request. Mr. Ragland also
explained that the alley immediately across the street from his home was successfully abandoned.
Mr. Ragland also explained that he received all of the necessary signatures for the application to
be taken in for review and that he was interested in discussing the stipulations of approval.





Page 349
Mr. DePerro then explained to those attending the hearing that abandonment staff reports are
written to provide stipulations of approval if the case should be approved. And that the stipulations
within the staff report are not final prior to the Abandonment Hearing and they are subject to
change until the Abandonment Hearing Officer makes a decision on the case. Mr. DePerro also
explained that the signatures on the petition are required simply for the application to be brought
into the City. These signatures do not guarantee approval of the abandonment.
Mr. DePerro then opened the hearing to interested neighbors and community members to speak
on the case.
Mr. Michael Messenger, resident at 3630 North 54th Court, stated although the applicant has
specified that the abandonment request is to help with security, there has been no discussion of
how this will be achieved, maintained or how the utility providers will be given access to the area.
Mr. DePerro then explained that maintenance of an alley, whether or not is has been abandoned,
is the responsibility of the abutting property owner per City Code. Mr. DePerro also explained that
the access for utility providers would be worked out following the abandonment and that only the
utility providers would be granted access.
Ms. Kelly Messenger, resident at 3630 North 54th Court stated that the abandoned alley
referenced by Mr. Ragland at the beginning of the hearing is now overgrown and is the site of
some trash dumping, which raises concerns for her of what the state of the alley will be if it were
to be abandoned.
Ms. Kathleen Raife, resident at 4012 North 52nd Street, expressed concern that abandoning the
alley would lead to issues of access or damage to sewer lines, public utilities, and irrigation valves.
Ms. Laura Grisolano and Mr. David Hanselman, residents at 3901 North 54th Way, explained that
they live at the home directly north of the applicant and are supportive of the application. Mr.
Hanselman asked that the abandonment be extended to the edge of his property rather than
stopping midway through.
Mr. DePerro replied by stating that this would not be possible because it would cut off alley
connectivity and create a dead end portion of alleyway.
Mr. Tristahn Schaub resident at 3824 North 54th Court, asked Mr. DePerro if the only opinions
that mattered in the hearing were those of the nine homeowners who are immediately adjacent
to the alley.
Mr. DePerro replied with that he will take into account any opinion of a homeowner who is located
within the notice area of that abandonment, not necessarily just those who are immediately
adjacent.
Mr. Schaub asked about the process of the abandonment and if all nine adjacent homeowners
would need to approve this request.
Mr. DePerro then explained that the signatures from the homeowners were required to bring the
case to hearing only. If granted conditional approval by the Hearing Officer, homeowners in
opposition would be able to appeal the decision to City Council and vice versa if the abandonment
is denied.





Page 350
Mr. Schaub asked if there was an opportunity for the case to be continued. Mr. Schaub expressed
concerns about the irrigation lines, fearing that such an abandonment could result in damage to
the irrigation lines that would result in possible flooding. Mr. Schaub expressed that he was
supportive of Mr. Ragland’s request to abandon the alley to achieve a greater lot coverage, rather
than apply for a variance. As the President of the Arcadia Camelback Neighborhood Association,
Mr. Schaub indicated that they will not support any variance for a home to exceed 30% lot
coverage.
Mr. DePerro explained that he has not been a fan of using abandonments to increase a zoning
entitlement when the variance process exists specifically for that purpose. Mr. DePerro invited the
applicant to respond to any comments that he heard. Mr. Ragland reiterated that he spoke with
many homeowners along the alleyway and in the area to answer any questions and garner
support.
Ms. Grisolano asked how the abandonment would impact the homeowners’ walls.
Mr. DePerro explained that the abandonment would not require any existing walls to be changed.
Mr. DePerro also explained that in the portion of the alley that contains a sewer line, walls would
not be permitted to be built in the area where a permanent footer would be over a sewer line.
Mr. Messenger asked if Mr. Ragland was planning to expand his home.
Mr. Ragland confirmed that his plan is to build a home expansion.
Mr. DePerro explained how the abandonment would impact the homeowners’ properties if the
abandonment were approved.
The Hearing Officer reviewed the recommended stipulations with the applicant.
The Hearing Officer asked the Abandonment Coordinator to share the staff reports with the
neighbors in attendance.
The Hearing Officer took the case under advisement.

The Hearing Officer took the case out from under advisement June 2, 2021.

Hearing Officer Findings and Decision
This request is to abandon an alley dedicated to the public, which allows for access to rear yards
of abutting lots. A public sewer line, which services the abutting lots, exists within most of the area
requested for abandonment, as well as overhead utilities (electric and communications). The area
requested for abandonment also falls within a designated floodplain, meaning that drainage
studies and possible drainage improvements would be required if any portion of the alley were to
be further gated or fenced upon abandonment. Additionally, private irrigation lines are reported to
exist within the alley, as well as irrigation facilities and control valves, for which access is required
by residents who utilize irrigation water provided by said facilities.
City Code Section 31-64 states that the City Council, in its discretion, may approve the
abandonment of a public roadway when it determines that it is no longer necessary for public use
as a roadway. That is the criteria this Hearing Officer must also use to make a decision in this
case. A roadway is defined in Section 31-63 as “All or part of any platted or designated public




Page 351
street, highway, alley, lane, parkway, avenue, road, sidewalk, public utility easement, or other
public way, whether or not it has been used as such.”
The testimony provided at the hearing was not universally supportive of the request. The applicant
stated that the primary reason for requesting the abandonment was to result in additional lot
coverage permitted for his lot, and if possible, a larger yard to fence in. While that is
understandable, it is not the criteria stated in the City Code for approving an abandonment. Other
means are also available to increase lot coverage (such as a zoning variance, if approved through
a separate and different hearing process).
Neighbors within the vicinity expressed concerns with closing off or fencing off the alley if
abandoned, primarily related to issues with accessing irrigation pipes and control valves. 24-hour
access through the area requested for abandonment would also still be required by the City’s
Water Services department, due to the sewer line; and by SRP and Century Link, due to the
existence of overhead electric and communications lines.
In the Hearing Officer’s professional opinion, there is still a need for public access in this alley, as
demonstrated by the utility comments and the testimony of neighbors who would be directly
affected by this abandonment. In addition, there was a strong desire expressed in the hearing to
fence the alley if abandoned, which would also cause potential issues with historic drainage, as
the City’s Floodplain Division commented. This could be addressed by retaining the alley fully as
a drainage easement, but that would prohibit any fencing, as structures are not allowed within
drainage easements. Given all of these considerations, this abandonment request has been
DENIED.


This report has been reviewed and approved by the Abandonment Hearing Officer.




Hearing Officer Signature: ____________________________________ Date: 6/3/21
__________


REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator

cc: Applicant/Representative, Mike Ragland
Christopher DePerro, Abandonment Hearing Officer






Page 352
ATTACHMENT C


Abandonment
Decision Appeal

In accordance with Section 31-70, Article V of the City Code, the decision of the Abandonment
Hearing Officer regarding the abandonment of public rights-of way may be appealed. Any
decision of the Abandonment Hearing Officer shall be considered final unless a person
aggrieved thereby, files a written Notice of Abandonment Appeal with the Planning &
Development Department within fifteen calendar days after the decision is made. The
completed abandonment appeal form and filing fee* must be submitted to the Planning &
Development Department, Check-In/Information Counter, located at 200 West Washington
Street, 2nd floor, Phoenix, Arizona 85003.

*All fees are pursuant to the current Fee Schedule contained in Appendix A.2. of the
Phoenix City Code.
Appellant’s Name: Mike Ragland

Address: 3823 N 54th Way City: Phoenix State: AZ Zip: 85018


Phone: 602-292-2224 Email: mike.ragland@cbre.com

Affiliation:

Appeal to City Council
Be specific as to what you are appealing. Include the rationale for your appeal. Attachments
may be included.
ABND
Abandonment # - 210015 Date Heard: May 13, 2021

Located at approximately: 54th Way & Calle Redonda

Abandonment Hearing Officer: Approved Denied

Appealing Decision: Yes, the Hearing Officer's decision was in part based upon misleading and incorrect statements of fact
provided during the Hearing and otherwise referenced in the Hearing Officer's Findings and Decision.

Appealing Stipulation: Yes, Street Transportation Department. Stipulation that the alley "Driveways shall be removed and replaced with a new curb & gutter". The Hearing Officer either directly stated or otherwise implied it was not



reasonable for ST Dept to require and also not necessary considering that even if the alley were to be abandoned - all public utility easements (SRP power lines / Cox / sewer) for utility truck access will still be mandated and enforced.



Appealing Stipulation:

Appealing Stipulation:

------------------------------------------------------------- Staff Use Only --------------------------------------------------------------
Received By: Receipt #: Date:
Reviewed By: Receipt #: Date:

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 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats
(Braille, large print, or digital media) upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment Decision Appeal TRT/DOC/00005
WEB\ EXTERNAL dsd_trt_pdf_00005 Rev. 11/12




Page 353
ATTACHMENT D




Planning and Development Department


May 13, 2021
Preliminary Abandonment Staff Report: ABND 210015
Project# 05-1208
Quarter Section: 16-40



Location: Calle Redonda, between 54th Way and 54th
Court


Applicant: Mike Ragland


Request to abandon: The alley area between 54th Way and 54th
Court, from Calle Redonda north to the
corner of the second alleyway that provides
access to 54th Court.



Purpose of request: The applicant states to increase lot coverage
and improve security.


Hearing date: May 13, 2021






Page 354
City Staff Research:
Staff research shows that the 16-foot wide alley was dedicated through the Hidden Village
Seventeen Plat, Book 97, Page 24 of the Maricopa County Recorder on December 14, 1961, and
the Hidden Village Six Plat, Book 69, Page 47 of the Maricopa County Recorder on December
12, 1958. If abandoned, the land will be conveyed back in ownership to the adjacent parcels.

City Staff Comments
This request was routed to various City departments for their recommendations. Listed below
are the responses from each department.

Street Transportation Department – Maja Brkovic

1. No right-of-way within 25 feet of the monument line may be abandoned along Calle
Redonda and 54th Court.

2. Driveways along Calle Redonda and 54th Court shall be removed and replaced in
kind with curb and gutter unless otherwise approved by the Street Transportation
Department.

3. All work in public right-of-way is to be done in accordance with plans approved by the



Page 355
Planning and Development Department and at no cost to the City.

Street Transportation Utility Coordination Department - Rozanna Brown
“The Street Transportation Utility Coordination Department has no comments.”

PDD Traffic Department – Derek Fancon
“Recommend approval.”

PDD Planning Department – Maggie Dellow
No comments received.

Solid Waste – Robert Lopez
“Recommend approval.”

Street Lights – Jason Fernandez
“Recommend approval.”

Floodplain Management – Tina Jensen
“Show that offsite flows within the alley will not impact others by changing the flow direction
abruptly 90 degrees east in alley, 90 degrees south down 54th Court, 90 degrees west down
Calle Redonda and another 90 degrees south down a 16ft drainage easement between 5401 &
5407 E Calle Redonda instead of natural offsite flows down the alley, across Calle Redonda to a
drainage easement between 5401 & 5407 E Calle Redonda per Resolution 19121. Need to
show positive drainage in the alley east to 54th Ct and capacity of the alley to carry additional
offsite flows. Also show how 54th Ct positively drains to the south at the exit of the alley and
capacity of the 54th Ct to carry additional offsite flows. Also show how the offsite flows are then
carried to the drainage easement between 5401 and 5407 E Calle Redonda.”

Water Services – Don Reynolds
“The alleyway that runs east and west from 54th Ct. can be abandoned as per request.
The alleyway that runs north and south from Calle Redonda shall be retained as a
sewer easement with 24-hour maintenance access subject to the following standard
stipulations:

No structure of any kind and/or block wall shall be constructed or placed within the
easement except removable type fencing and/or paving. No planting except grass and/or
approved ground cover shall be placed within the easement. It shall be further understood
that the City of Phoenix shall not be required to replace any obstructions, paving or
planting that must be removed during the course of required maintenance, reconstruction
and/or construction.”

PDD Village Planner – Sofia Mastikhina
No comments received.

PDD Civil Department – Travis Tomich
“The abandonment of the alley may result in a 25-foot (minimum) sewer easement. No building
or

Permanent structures will be allowed to encroach on the sewer easement (Design Standards
Manual for




Page 356
Water and Wastewater Systems, III.B.5). This stipulation will ultimately be imposed by the
Water Services

Department.”

Neighborhood Services – Lynda Lee
No comments received.

Utility Comments
The request was also routed to outside utility companies for their input. Listed below are the
responses from each utility.
Cox – Kenny Hensman
“Recommend approval.”

Southwest Gas – Nancy Almanzan
“After reviewing the plans for the above-referenced project, it has been determined that there
are no apparent conflicts between the Southwest Gas system and your proposed abandonment
of the public alley easements. Southwest Gas would like to recommend abandonment of the
public utility easements located at the above-referenced location.”

Arizona Public Service – Beverly Metevia
“I have researched our records and found that the subject property is not situated within the
APS service
territory. Therefore, APS does consent to the encroachment.”

I have researched our records and found that the subject property is not situated within the APS
service territory. Therefore, APS does consent to the encroachment.”

CenturyLink – Glady Zeilstra
“Qwest Communications d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request for
the subject vacation and has determined that in order to protect its facilities CenturyLink must
reserve its rights. CenturyLink has aerial facilities in the alleys.

Please SAVE AND EXCEPT an EASEMENT to CenturyLink over the following area/s:
Alley vacation between 54 Wy & 54 Ct, East of Calle Redonda, as further
described and/or depicted on the attached Exhibit “A”, said Exhibit “A”
attached hereto and incorporated by this reference.

It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to
any other existing easement or rights we have on this site or in the area.

This response is submitted with the additional stipulation that if CenturyLink facilities are
damaged within the area, the Applicant will bear the cost of relocation and repair of said
facilities.”

Salt River Project – Sherry Wagner
“Salt River Project does not approve of the abandonment of the alley as shown in you
application ABND 210015. There is an overhead electric line in this area that SRP will need
drivable access.”



Page 357
Recommended Stipulations of Approval
The request of abandonment, if approved by the Abandonment Hearing Officer, will be subject
to the following stipulations:
1. Either a or b shall be complied with:

a. All utilities shall be relocated to locations approved by each affected utility
company. All work is to be done by each affected utility company at no expense
to the affected utility company. An appropriate performance agreement, in an
approved form and cost amount, must be posted with the Planning and
Development Department to guarantee the improvements.

b. All right-of-way shall be retained as a public utilities easement with 24-hour
vehicle maintenance access.

2. Consideration which provides a public benefit to the City is required in accordance with
City Code Art. 5, Sec. 31-64 and Ordinance G-5332. Cost for abandoned Right-of-Way
adjacent to property not zoned single family residential will be $500 OR Fair Market
Value whichever is greater. Cost for property zoned single family residential is $1.00 a
square foot for the first 500 square feet, $0.10 a square foot thereafter; OR Fair Market
Value at the option of the Planning and Development Director or designee. The applicant
shall submit calculation and fee to Planning and Development Department. The
applicant shall request a selection of approved appraisers from the current list
maintained by the Real Estate division of the Finance Department.

3. No right-of-way within 25 feet of the monument line may be abandoned along Calle
Redonda and 54th Court.

4. Driveways along Calle Redonda and 54th Court shall be removed and replaced in kind
with curb and gutter unless otherwise approved by the Street Transportation
Department.

5. All work in public right-of-way is to be done in accordance with plans approved by the
Planning and Development Department and at no cost to the City.


6. Either a or b shall be complied with:

a. Retain a drainage easement over the entire area to be abandoned.

b. Show that offsite flows within the alley will not impact others by changing the flow
direction abruptly 90 degrees east in alley, 90 degrees south down 54th Court,
90 degrees west down Calle Redonda and another 90 degrees south down a 16ft
drainage easement between 5401 & 5407 E Calle Redonda instead of natural
offsite flows down the alley, across Calle Redonda to a drainage easement
between 5401 & 5407 E Calle Redonda per Resolution 19121. Need to show
positive drainage in the alley east to 54th Ct and capacity of the alley to carry
additional offsite flows. Also show how 54th Ct positively drains to the south at
the exit of the alley and capacity of the 54th Ct to carry additional offsite flows.
Also show how the offsite flows are then carried to the drainage easement



Page 358
between 5401 and 5407 E Calle Redonda.

7. All stipulations must be completed within two years from the Abandonment Hearing
Officer’s decision.

For assistance regarding the above stipulations, please contact the Abandonment
Coordinator at 602-256-3487.

REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator

cc: Mike Ragland, Applicant/Representative
Christopher DePerro, Abandonment Hearing Officer






Page 359



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Resolution Adoption - General Plan Amendment GPA-PV-2-
21-2 - Northwest corner of 34th Way and Bell Road (Resolution 21961)

Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
Resolution if approved. This file is a companion case to Z-38-21-2 and should be
heard first, followed by Z-38-21-2.

Summary
Current Plan Designation: Residential 3.5 to 5 dwelling units per acre (6.11 acres) and
Commercial (6.81 acres)
Proposed Plan Designation: Mixed Use (Commercial/Residential 15+ dwelling units
per acre)
Acreage: 12.92 acres
Reason for change: Minor General Plan Amendment to a mix of Commercial and
Residential 15+ dwelling units per acre.

Owner: Harkins Phoenix Cinemas
Applicant: Chase Courchaine
Representative: Benjamin Tate, Withey Morris, PLC

Staff Recommendation: Approval.
VPC Action: The Paradise Valley Village Planning Committee heard the case on Aug.
31, 2021 and recommended approval, per the staff recommendation, by a 13-0 vote.
PC Action: The Planning Commission heard the case on Sept. 2, 2021 and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation, by a 9-0 vote.

Location
Northwest corner of 34th Way and Bell Road
Council District: 2
Parcel Addresses: 3240 E. Bell Rd. and 3420 E. Bell Rd.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.

Page 360
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION




RESOLUTION


A RESOLUTION ADOPTING AN AMENDMENT TO THE 2015
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-PV-2-21-2,
CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.

____________


BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The 2015 Phoenix General Plan, which was adopted by

Resolution 21307, is hereby amended by adopting GPA-PV-2-21-2. The 12.92-acre

site located on the northwest corner of 34th Way and Bell Road is designated as

Mixed Use (Commercial / Residential 15+ dwelling units per acre).

SECTON 2. The Planning and Development Director is instructed to

modify the 2015 Phoenix General Plan to reflect this land use classification change as

shown below:




Page 361
PASSED by the Council of the City of Phoenix this 6th day of October 2021.



MAYOR




ATTEST:


____________________________
Denise Archibald, City Clerk




Page 362
APPROVED AS TO FORM:
Cris Meyer, City Attorney



By:___________________________
___________________________



REVIEWED BY:


______________________________
Ed Zuercher City Manager




PL:tml:LF21-2303:10-6-21:




Page 363
Attachment B




GENERAL PLAN AMENDMENT
STAFF ANALYSIS
August 30, 2021

Application: GPA-PV-2-21-2

Applicant: Chase Courchaine

Owner: Harkins Phoenix Cinemas

Representative: Withey Morris, PLC - Benjamin Tate

Location: Northwest corner of 34th Way and Bell Road

Acreage: 12.92 acres

Current Plan Designation: Residential 3.5 to 5 dwelling units per acre (6.11
acres) and Commercial (6.81 acres)

Requested Plan Designation: Mixed Use (Commercial, Residential 15+ dwelling
units per acre) (12.92 acres)

Reason for Requested Change: Minor General Plan Amendment to a mix of
Commercial and Residential 15+ dwelling units per
acre to allow residential and commercial uses.
Paradise Valley Village Planning
Committee Date: August 31, 2021

Staff Recommendation: Approval

FINDINGS:

1) The companion rezoning case, Z-38-21-2, proposes development that is
consistent in scale and character with land uses in the surrounding area to the
east and west.

2) The Mixed Use (Commercial / Residential 15+ dwelling units per acre) land use
designation will permit new zoning to be applied to the site that maximizes
opportunities within the Paradise Valley Village along a major arterial.




Page 364
Staff Analysis
GPA-PV-2-21-2
Page 2


3) The Mixed Use (Commercial / Residential 15+ dwelling units per acre) land use
designation will establish compatible uses in close proximity to the Piestewa
Freeway, North 32nd Street Policy Plan area and surrounding properties.

BACKGROUND

The subject site is located at the northwest corner of 34th Way and Bell Road. The site
is occupied by a movie theater, and surface parking areas. The current building is
located on the far northeastern portion of the site. The companion Rezoning Case No.
Z-38-21-2 is a request to allow R-3A zoning for multifamily residential uses on the
entirety of the site.

Currently the site has a
land use map designation
of Residential 3.5 to 5
dwelling units per acre
(6.11 acres) and
Commercial (6.81 acres).
The requested land use
map designation Mixed
use (Commercial /
Residential 15+ dwelling
units per acre) will allow
for alternative housing
choices in the area as well
as commercial in the
event the rezoning
proposal is not approved
and to provide consistency
with this stretch of the Bell
Road corridor. Recent
development suggests the
Piestewa Freeway corridor
area is evolving to a
mixture of housing choices
and commercial uses.
The proposed land use Aerial Map, Source: City of Phoenix Planning and
map change will serve as Development Department
a continuation of the
proposed land use designations to the south of the subject site. The area has seen
increased requests for multifamily development north and east of Bell Road.

This General Plan Amendment proposes a Mixed Use land use map designation of
Commercial / Residential 15+ dwelling unit per acre. This Mixed Use designation will
allow commercial and residential land uses to locate on the site. Maps of the existing



Page 365
Staff Analysis
GPA-PV-2-21-2
Page 3


and proposed General Plan Land Use Map designations can be found attached to this
report.

EXISTING CONDITIONS AND SURROUNDING LAND USES

There is one existing commercial building on the northeastern quadrant of the site. The
table below provides a summary of the surrounding General Plan (GP) Land Use Map
designations, existing land uses and zoning.

Location GP Land Use Existing Land Uses Zoning
North Residential 3.5 to 5 Single-family homes R1-6
dwelling units per
acre
South Commercial Commercial office/ C-O, C-1 and C-2
(across retail/financial institutions
Bell Road)
East Residential 3.5 to 5 Single-family homes and R1-6 and C-2
(across dwelling units per retail
34th Way) acre and
Commercial
West Commercial Retail C-2

Surrounding Land Use Designations, Land Use and Zoning

The site is within close proximity to the Piestewa Freeway and falls within the
boundaries of the North 32nd Street Policy Plan area. This proximity to the Piestewa
Freeway and location within the North 32nd Street Policy Plan area reinforces the site’s
capacity to support land uses associated with commercial operations, employers and
supportive housing. The proposed Mixed Use designation supports a mix of land uses
that will maximize the area’s transportation infrastructure assets and will support the
addition of more residential and employers to the area.

RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PPRINCIPLES

Connect People and Places Core Value

• OPPORTUNITY SITES; LAND USE PRINCIPLE: Promote and encourage
compatible development and redevelopment with a mix of housing types in
neighborhoods close to employment centers, commercial areas, and where
transit or transportation alternatives exist.

The proposed request supports the proposed development that is compatible in
scale and intensity with the surrounding area. The development is located in a
mixed-use corridor where adjacent properties are residential or commercial. The
project site is also within the Piestewa Peak Freeway Specific Plan area. The




Page 366
Staff Analysis
GPA-PV-2-21-2
Page 4


concentration of people near employment uses and transportation corridors
promotes the sustainability of nearby commercial uses. Further, the opportunity
to add additional housing choices is consistent with the goals of the Housing
Phoenix Plan.

• CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; DIVERSE NEIGHBORHOODS; LAND USE PRINCIPLE: Include a
mix of housing types and densities where appropriate within each village
that support a broad range of lifestyles.

The request facilitates additional residential options adjacent to a major arterial
and in close proximity to the Piestewa Freeway.

CONCLUSION AND RECOMMENDATION

Staff recommends approval of GPA-PV-2-21-2 as filed. The request aligns with the
goals and polices of the General Plan and will result in a land use designation that will
continue to support surrounding uses while maximizing the property’s location in a
transportation corridor and within the North 32nd Street Policy Plan.

Writer

David Simmons
August 30, 2021

Exhibits
Sketch Maps (2 pages)




Page 367
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-PV-2-21-2_BW ACRES: 12.92 +/-
VILLAGE: Paradise Valley COUNCIL DISTRICT: 2
APPLICANT: Chase Courchaine
EXISTING:
Residential 3.5 to 5 du/ac ( 6.11 +/- Acres)
Commercial ( 6.81 +/- Acres)
DR Y
RK WA
PA T
Proposed Change Area SE 34 H
D I 34T
RA HS
Residential 3.5 to 5 du/acre
PA T
Y RD
Commercial DANBUR




BELL RD



34TH ST



PROPOSED CHANGE:
Mixed Use (Commercial/
Residential 15+ du/ac ( 12.92 +/- Acres) DR
RK
PA T
I SE
AD
H
Proposed Change Area R ST
Mixed Use (Commercial/ PA
RY RD
Residential 15+ du/ac) DANBU




34TH WAY



BELL RD



34TH ST


Page 368
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-PV-2-21-2 ACRES: 12.92 +/-
VILLAGE: Paradise Valley COUNCIL DISTRICT: 2
APPLICANT: Chase Courchaine
EXISTING:
Residential 3.5 to 5 du/ac ( 6.11 +/- Acres)
Commercial ( 6.81 +/- Acres)
DR Y
RK WA
PA T
Proposed Change Area SE 34 H
D I 34T
RA HS
Residential 3.5 to 5 du/ac
PA T
Y RD
Commercial DANBUR




BELL RD



34TH ST



PROPOSED CHANGE:
Mixed Use (Commercial/
Residential 15+ du/ac ( 12.92 +/- Acres) DR
RK
PA T
I SE
AD
H
Proposed Change Area R ST
Mixed Use (Commercial/ PA
RY RD
Residential 15+ du/ac) DANBU




34TH WAY



BELL RD



34TH ST


Page 369
Attachment C




Village Planning Committee Meeting Summary
GPA-PV-2-21-2

Date of VPC Meeting August 31, 2021
Request To amend the General Plan Land Use Map Designation
on approximately 12.92 acres from Residential 3.5 to 5
dwelling units per acre (6.11 acres) and Commercial
(6.81 acres) to Mixed Use (Commercial/ Residential 15+
dwelling units per acre)
Location Located at the northwest corner of 34th Way and Bell
Road
VPC Recommendation Approval, per the staff recommendation
VPC Vote 13-0 with committee members Bowman, Gerst,
Goodhue, Maggiore, Mazza, Petersen, Popovic, Severs,
Sparks, Ward, Wise, Gubser and Lesher in favor.

VPC DISCUSSION:

Cases GPA-PV-2-21-2 and Z-38-21-2 were heard concurrently.

1 speaker card was submitted in opposition, wishing to speak.
3 speaker cards were submitted in favor, wishing to speak.
Mr. David Simmons, staff, provided an overview of the request to include
background of how the area developed overtime. He went over the GPA and
Rezoning requests concurrently as they are companion cases and reminded the
Committee that the GPA case will require a motion prior to the rezoning request.
Mr. Simmons shared how the GPA request is consistent with several core values
of the General Plan. He explained that the rezoning request supports several
policy plans to include the North 32nd Street Policy Plan, Comprehensive Bicycle
Master plan, Tree and Shade Master Plan, Complete Streets Guiding Principles
as well as helps to meet the goals of The Housing Phoenix Plan. Mr. Simmons
also shared the reasoning behind several of the proposed stipulations for the
case.

Mr. Alex Popovic shared with the committee that his firm utilizes the same
attorney as the applicant but checked with staff and does not have a conflict of
interest. He asked staff to add this to the minutes for the record.

Mr. Ben Tate, Withey Morris, PLC, representing the applicant, went over the
request in great detail. He stated that the existing Harkins theater is closing and
as a result, the property is selling. He shared that the product consists of three-

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 370
story walk up building with two story carriage houses on the northern edge
closest to existing single-family residential uses. He shared that the lower
buildings and open space are placed along the north perimeter adjacent to
nearest homes.
The pool/amenity area is screened by residence buildings away from the existing
neighborhood. Further, large, mature trees will be maintained and supplemented
along the property line to screen buildings and provide additional buffering. Mr.
Tate shared other developments the Wolf Company has completed and provided
background on the company’s business model. Mr. Tate shared the results of the
traffic analysis, which revealed traffic volumes will be lower with a residential
product type on the site as commercial uses generate higher volumes of traffic.
He addressed several other community concerns including property values,
security, and neighborhood safety. Further, he shared outreach efforts to date,
which went above and beyond what is required in the rezoning process packet.

VPC Discussion:

Mr. Paul Severs asked if short term rentals would be allowed or if this proposal
was only for long term leases.

Mr. Ben Tate shared that the minimum lease term will be 1 year.

Vicechair Joe Lesher asked about traffic trips per day and if there is access
from the site directly into Fry’s grocery store to the west.

Mr. Tate shared that there is direct access to Fry’s from the site, which will
reduce trips out of the ingress/egress points on 34th Way and Bell Road.

Public Comment:

Ms. Janet Harding shared concerns about traffic. She asked if the applicant
could consider adding speed humps to the street adjacent to 34th way as well as
overflow traffic may utilize other neighborhood streets to avoid speed humps on
34th Way.

Mr. Ben Tate stated that he will study extra speed humps. He also went over the
signature requirements the City of Phoenix has in place that citizens can utilize to
petition for speed humps.

Ms. Harding asked the applicant what the parking ratio is.

Mr. Tate explained what is proposed and stated that this proposal has more
parking than what is required.

Mr. Nicholas Voss shared that he patrolled the Harkins site as part of the block
watch. He shared that there is a transient issue on this site and by redeveloping
this issue could be remediated. He is very supportive of the project.

Mr. Blake Marshall stated that this may not be the right development for the
area. He shared concerns about a mix of housing options for all income levels.
More of the same high cost housing won't help make it affordable. The attorney
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 371
with Withey Morris, Benjamin Tate, didn't claim that would be the outcome. Just
that there would be more.

Mr. Tate stated that the proposal does meet the goals of the Housing Phoenix
Plan.

VPC Response to Public Comment:

Mr. Abram Bowman stated that he has concerns with the proximity and access
to the freeway.

Mr. Tate shared that traffic patterns are not being altered. The same curb cuts
will be utilized as ingress/egress points.

Chairman Robert Gubser Stated that Harkins has moved on. Something will be
redeveloped on this site and this proposal provides diversified housing for the
area.

MOTION:
Mr. Alex Popovic made a motion to recommend approval of General Plan
Amendment Case No. GPA-PV-2-21-2, per the staff recommendation.
Mr. Robert Goodhue seconded the motion.
VOTE:
13-0 with committee members Bowman, Gerst, Goodhue, Maggiore, Mazza,
Petersen, Popovic, Severs, Sparks, Ward, Wise, Gubser and Lesher in favor.

STAFF COMMENTS REGARDING VPC RECOMMENDATION:
None.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 372
Attachment D

REPORT OF PLANNING COMMISSION ACTION
September 2, 2021

ITEM NO: 9
DISTRICT NO.: 2
SUBJECT:

Application #: GPA-PV-2-21-2 (Companion Case Z-38-21-2)
Location: Northwest corner of 34th Way and Bell Road
From: Residential 3.5 to 5 dwelling units per acre and Commercial
To: Mixed Use (Commercial/Residential 15+ dwelling units per acre)
Acreage: 12.92
Proposal: Mix of commercial and Residential 15+ dwelling units per acre.
Applicant: Chase Courchaine
Owner: Harkins Phoenix Cinemas
Representative: Benjamin Tate, Withey Morris, PLC

ACTIONS:

Staff Recommendation: Approval.

Village Planning Committee (VPC) Recommendation:
Paradise Valley 8/31/2021 Approval, per the staff recommendation. Vote: 13-0.

Planning Commission Recommendation: Approval, per the Paradise Valley Village Planning
Committee recommendation.

Motion Discussion: N/A.

Motion details: Commissioner Johnson made a MOTION to approve GPA-PV-2-21-2, per the
Paradise Valley Village Planning Committee recommendation.

Maker: Johnson
Second: Busching
Vote: 9-0
Absent: None
Opposition Present: Yes

Findings:

1. The companion rezoning case, Z-38-21-2, proposes development that is consistent in
scale and character with land uses in the surrounding area to the east and west.

2. The Mixed Use (Commercial / Residential 15+ dwelling units per acre) land use
designation will permit new zoning to be applied to the site that maximizes
opportunities within the Paradise Valley Village along a major arterial.

3. The Mixed Use (Commercial / Residential 15+ dwelling units per acre) land use
designation will establish compatible uses in close proximity to the Piestewa Freeway,
North 32nd Street Policy Plan area and surrounding properties.

This publication can be made available in alternate format upon request. Please contact
Angie Holdsworth at (602) 495-5622, TTY use 7-1-1.
Page 373
Attachment E


David Simmons
Paradise Valley Village Planner
Planning & Development Department
200 West Washington Street
Phoenix, AZ 85003

Re: Wolff 34th & Bell – Z-38-21/GPA-PV-2-21

I am a longtime resident of Parque Vista Estates, the neighborhood north of the proposed project,
and I am in support of The Wolff Company’s proposed rezoning and General Plan amendment
for the northwest corner of 34th Way and Bell Road. Initially I had many concerns about the
project, but after several neighborhood meetings and conversations with the applicant I am
satisfied that this will be a great development for the community.

The applicant hosted several neighborhood meetings, presented the proposed plans, answered
all our questions, and provided lots of information to address each our concerns. I also spoke to
a representative of the development team individually on several occasions to discuss my
concerns. As one of the original homeowners in this community, change can be scary. However,
the applicant’s thorough and sincere efforts with our neighborhood have put my mind at ease.

The Wolff Company’s proposed luxury multi-family project is a high-quality, well-designed
residential community and it will be a great addition to this area. I encourage the City Council to
approve it.


Sincerely,


Cheryl Simmons




Page 374
David O Simmons

From: Benjamin Tate
Sent: Monday, August 30, 2021 11:49 AM
To: David O Simmons; Samantha Keating
Subject: FW: Virtual Neighborhood Meeting - Project Update - Wolff 34th & Bell (Z-38-21/GPA-
PV-2-21)


David/Samantha,

I was given permission from this resident to share her comments with staff. See below.

Benjamin L. Tate
Withey Morris, PLC
Direct: 602-346-4610

From: Phyllis Thomas
Sent: Wednesday, August 25, 2021 10:16 AM
To: Benjamin Tate
Subject: Re: Virtual Neighborhood Meeting - Project Update - Wolff 34th & Bell (Z-38-21/GPA-PV-2-21)

Very positive. At first most of my neighbors and I had so many questions, and the unknown can be fearful.

However, you put all our doubts aside. Your details of how little traffic there will eventually be for an apartment complex
compared with commercial was astounding. A side note, though, is a thought I myself had regarding the way the world
has changed and so many people now have deliveries made to their homes of food and items for their homes. So,
perhaps Wolff can investigate the amount of deliveries at their apartments made each day. So the traffic of the residents
coming and going may be minimal, but deliveries made to them could be significant.

Anyway, the plans for the apartments looks amazing and I see no problem. Another thought to Wolff: be sure, if there are
no garages with the apartments, that the parking is covered parking. This Arizona sun is not kind to cars left all day in the
sun.

Thanks again for all your info....Phyllis

On Wednesday, August 25, 2021, 09:40:49 AM MST, Benjamin Tate wrote:



Thank you Phyllis. If you don’t mind me asking, what are you general thoughts on the project? Supportive? Opposed?
Neutral?




Benjamin L. Tate

Withey Morris, PLC

Direct: 602-346-4610





Page 375
From: Phyllis Thomas
Sent: Tuesday, August 24, 2021 12:19 PM
To: Benjamin Tate
Subject: Re: Virtual Neighborhood Meeting - Project Update - Wolff 34th & Bell (Z-38-21/GPA-PV-2-21)




Thanks for letting me know about the 8/30 meeting, but I will be unavailable next week. However, please email me any
future virtual meetings. Thanks for all you do....Phyllis




On Monday, August 23, 2021, 10:43:54 PM MST, Benjamin Tate wrote:




All,




Good evening – I hope everyone is doing well. This email is simply to follow up on the virtual neighborhood meeting we
held on August 9th. Since then, we’ve been working on getting answers and gathering additional information on the
questions some of you asked during the meeting. With that in mind, we’ll be hosting a brief virtual meeting next Monday,
August 30th at 5:30pm to give you an update and provide some additional info on the project.




If you’d like to participate, please shoot me an email so I can add you to the invite list.




Thank you!




Benjamin L. Tate

Withey Morris, PLC

2525 E. Arizona Biltmore Circle, Ste A-212

Phoenix, AZ 85016

602-230-0600





Page 376
This e-mail, and any attachment(s), is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or
otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or
an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e- mail in error, please destroy the
original message and all copies.





Page 377
Page 378
Page 379



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Ordinance Adoption - Rezoning Application Z-38-21-2 -
Northwest Corner of 34th Way and Bell Road (Ordinance G-6904)

Request to hold a public hearing and amend the Phoenix Zoning Ordinance, Section
601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-38-21-
2 and rezone the site from PSC (Approved C-2) (Planned Shopping Center, approved
Intermediate Commercial District) to R-3A (Multifamily Residence District) for a
multifamily residential development. This is a companion case to GPA-PV-2-21-2.

..Report
Summary
Current Zoning: PSC (Approved C-2)
Proposed Zoning: R-3A
Acreage: 12.92 acres
Proposed Use: Multifamily residential development

Owner: Harkins Phoenix Cinemas
Applicant: Chase Courchaine
Representative: Benjamin Tate, Withey Morris, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Paradise Valley Village Planning Committee heard the case on Aug.
31, 2021 and recommended approval, per the staff recommendation, by a vote of 13-
0.
PC Action: The Planning Commission heard the case on Sept. 2, 2021 and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation, with additional stipulations, by a vote of 9-0.

Location
Northwest corner of 34th Way and Bell Road
Council District: 2
Parcel Addresses: 3240 E. Bell Road and 3420 E. Bell Road

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.

Page 380
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-38-21-2) FROM PSC (APPROVED C-2) (PLANNED
SHOPPING CENTER, APPROVED INTERMEDIATE
COMMERCIAL DISTRICT) TO R-3A (MULTIFAMILY RESIDENCE
DISTRICT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 12.92-acre site located at the northwest

corner of 34th Way and Bell Road in a portion of Section 36, Township 4 North, Range

3 East, as described more specifically in Exhibit “A”, is hereby changed from “PSC,

Approved C-2” (Planned Shopping Center, approved Intermediate Commercial District)

to “R-3A” (Multifamily Residence District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,



Page 381
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The development shall be in general conformance with the site plan date
stamped August 11, 2021, as modified by the following stipulations and
approved by the Planning and Development Department.

2. The development shall be in general conformance with the elevations date
stamped June 14, 2021, as modified by the following stipulations and approved
by the Planning and Development Department.

a. All building elevations shall contain three of the following architectural
embellishments and detailing: textural changes, pilasters, offsets,
recesses, variation in window size or location, overhang canopies, or
similar features.

b. Decorative garage treatments, including but not limited to, windows,
raised or recessed panels, architectural trim, and single garage doors.

3. The development shall be limited to a maximum of 278 dwelling units.

4. Enhanced landscaped entries shall be provided at the entryways into the
development off of Bell Road and 34th Way with a minimum 300 square feet of
landscaped area on each side of the entrances. The landscaped entries shall
be planted and maintained with a variety of at least three different plant
materials, as approved by the Planning and Development Department.

5. There shall be a minimum of four private open space amenity areas, three of
which shall be centrally located. A minimum of 10 percent of the site area shall
be preserved as open space, exclusive of landscape setbacks. Each area shall
provide, at a minimum, one of the following active amenity elements or other
similar elements, as approved by the Planning and Development Department:

a. Swimming Pool

b. Pickleball court or another active recreational amenity

c. Pavilion or Ramada

d. Dog park

6. Where pedestrian pathways cross drive aisles, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave parking surfaces and drive aisles, as
approved by the Planning and Development Department.




Page 382
7. A minimum 5-foot-wide detached sidewalk shall be provided along Bell Road
with a minimum 10-foot-wide landscape area located between the sidewalk and
back of curb and planted to the following standards, as approved by the
Planning and Development Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or equivalent groupings to provide a
minimum of 75% shade on the adjacent sidewalk.

b. Drought tolerant shrubs and vegetative groundcovers maintained no
higher than 24 inches to provide a minimum of 75% live coverage at
maturity.

c. A minimum 10-foot-wide public sidewalk easement along the northern
side of Bell Road shall be dedicated.

Where utility or mature tree conflicts exist, the developer shall work with the
Planning and Development Department and the Street Transportation
Department on potential alternative design solutions consistent with a
pedestrian environment.

8. A minimum 5-foot-wide detached sidewalk shall be provided along 34th Way
with a minimum 5-foot-wide landscape area located between the sidewalk and
back of curb and planted to the following standards, as approved by the
Planning and Development Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 20 feet on center or equivalent groupings to provide a
minimum of 75 percent shade on adjacent sidewalks.

b. Drought tolerant shrubs and vegetative groundcovers maintained no
higher than 24 inches to provide a minimum of 75 percent live coverage
at maturity.

Where utility or mature tree conflicts exist, the developer shall work with the
Planning and Development Department and the Street Transportation
Department on potential alternative design solutions consistent with a
pedestrian environment.

9. The developer shall provide a minimum 5-foot-wide detached sidewalk along
Danbury Road with a minimum 5-foot wide landscape area located between
the back of curb and sidewalk, as approved by the Planning and Development
Department.

10. A minimum 25 percent of the surface parking lot areas must be shaded by
minimum 2-inch caliper, large canopy single trunk shade trees, located within
minimum 5-foot wide landscape areas, as approved by the Planning and
Development Department.


Page 383
11. The applicant shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.

a. A bicycle repair station (“fix it station”) shall be provided on the site. The
station shall include standard repair tools affixed to the station; a tire
gauge and pump; and a bicycle repair stand which allows pedals and
wheels to spin freely while making adjustments to the bike.

b. Resident bicycle parking shall be provided at a rate of 0.25 spaces per
dwelling unit, up to a maximum of 50 spaces. These spaces may be
provided through a combination of “Secure/Covered Facilities” and
“Outdoor/Covered Facilities” as defined in Appendix K or the
Comprehensive Bicycle Master Plan. “Outdoor/Covered Facilities” shall
comprise no more than 60 percent of required resident bicycle parking.

c. Guest bicycle parking shall be provided. Artistic style racks or
“Outdoor/Covered Facilities” for guests shall be located near building
entrances and the amenity areas, and installed per the requirements of
Section 1307.H of the Zoning Ordinance. All racks shall be adherence to
the City of Phoenix Preferred Designs in Appendix K or the
Comprehensive Bicycle Master Plan.

12. The Public Transit Department shall require retention of right-of-way and one
bus stop pad along westbound Bell Road west of 34th Way. Should the bus
stop require demolition and/or replacement, the bus stop pad shall be
constructed according to City of Phoenix Standard Detail P1260 with a
minimum depth of 10 feet and spaced from the intersection as per City of
Phoenix Standard Detail P1258, as approved by the Public Transit Department.

13. Clearly defined, accessible pedestrian pathways shall be provided to connect
building entrances, bus stop pads, and public sidewalks, using the most direct
route for pedestrians, as approved by the Planning and Development
Department.

14. The developer shall construct all streets within and adjacent to the
development 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.

15. 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.

16. 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


Page 384
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.

17. 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.

18. 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.

19. A pedestrian connection shall be provided between the site and the commercial
property to the west of the site, as approved by the Planning and Development
Department


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 6th day of October,

2021.


________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


Page 385
REVIEWED BY:


_________________________
Ed Zuercher City Manager


Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)




Page 386
EXHIBIT A

LEGAL DESCRIPTION FOR Z-38-21-2

A PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 4
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

COMMENCING AT A BRASS CAP IN HANDHOLE MARKING THE SOUTHWEST
CORNER OF SAID SECTION 36, FROM WHICH A BRASS CAP IN HANDHOLE
MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 36 BEARS NORTH
89 DEGREES 40 MINUTES 04 SECONDS EAST, A DISTANCE OF 2638.17 FEET;

THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 36, NORTH 89 DEGREES 40 MINUTES 04 SECONDS EAST, A DISTANCE
OF 967.92 FEET;

THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 19 MINUTES 56
SECONDS WEST, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING;

THENCE NORTH 36 DEGREES 30 MINUTES 37 SECONDS WEST, A DISTANCE OF
21.84 FEET;

THENCE NORTH 00 DEGREES 18 MINUTES 23 SECONDS WEST, A DISTANCE OF
442.98 FEET;

THENCE NORTH 89 DEGREES 29 MINUTES 45 SECONDS EAST, A DISTANCE OF
70.07 FEET;

THENCE NORTH 45 DEGREES 19 MINUTES 25 SECONDS EAST, A DISTANCE OF
42.48 FEET;

THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST, A DISTANCE OF
54.91 FEET;

THENCE NORTH 02 DEGREES 48 MINUTES 24 SECONDS WEST, A DISTANCE OF
16.23 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF “PARQUE VISTA
ESTATES UNIT – 5” AS RECORDED IN BOOK 206 OF MAPS, PAGE 32, RECORDS
OF MARICOPA COUNTY, ARIZONA;

THENCE ALONG SAID SOUTHERN BOUNDARY, NORTH 89 DEGREES 41
MINUTES 07 SECONDS EAST, A DISTANCE OF 166.49 FEET TO THE POINT OF A
CURVE TO THE LEFT;

THENCE EASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF
388.45 FEET, THROUGH A CENTRAL ANGLE OF 13 DEGREES 18 MINUTES 40
SECONDS, A DISTANCE OF 90.25 FEET TO A POINT OF TANGENCY;


Page 387
THENCE NORTH 76 DEGREES 22 MINUTES 27 SECONDS EAST, A DISTANCE OF
205.05 THENCE NORTH 76 DEGREES 43 MINUTES 00 SECONDS EAST, A
DISTANCE OF 28.75 FEET TO THE POINT OF A NON-TANGENT CURVE CONCAVE
TO THE WEST, WITH A CHORD BEARING OF SOUTH 12 DEGREES 33 MINUTES
05 SECONDS EAST, A CHORD DISTANCE OF 26.76 FEET;

THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS
OF 1,047.46 FEET, THROUGH A CENTRAL ANGLE OF 01 DEGREE 27 MINUTES 49
SECONDS, A DISTANCE OF 26.76 FEET;

THENCE NORTH 76 DEGREES 22 MINUTES 27 SECONDS EAST, A DISTANCE OF
265.11 FEET TO THE POINT OF A NON-TANGENT CURVE CONCAVE TO THE
WEST, WITH A CHORD BEARING OF SOUTH 06 DEGREES 15 MINUTES 27
SECONDS EAST, A CHORD DISTANCE OF 272.15 FEET;

THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS
OF 1,312.46 FEET, THROUGH A CENTRAL ANGLE OF 11 DEGREES 54 MINUTES
07 SECONDS, A DISTANCE OF 272.64 FEET;

THENCE SOUTH 00 DEGREES 18 MINUTES 23 SECONDS EAST, A DISTANCE OF
444.70 FEET;

THENCE SOUTH 89 DEGREES 40 MINUTES 04 SECONDS WEST, A DISTANCE OF
862.08 FEET TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINS 555,984 SQUARE FEET OR 12.764 ACRES, MORE OR
LESS.




Page 388
Page 389
Attachment B




Staff Report Z-38-21-2
August 30, 2021

Paradise Valley Village Planning August 31, 2021
Committee Meeting Date:

Planning Commission Hearing Date: September 2, 2021

Request From: PSC (Approved C-2) (12.92 acres)

Request To: R-3A (12.92 acres)

Proposed Use: Multifamily Residential

Location: Northwest corner of 34th Way and Bell
Road
Owner: Harkins Phoenix Cinemas

Applicant: Chase Courchaine
Representative: Withey Morris, PLC - Benjamin Tate
Staff Recommendation: Approval, subject to stipulations


General Plan Conformity
Residential 3.5 to 5 dwelling units per acre
and Commercial.
General Plan Land Use Map
Designation Proposed (GPA-PV-2-21-2): Mixed Use
(Commercial and Residential 15+ dwelling
units per acre)
Major Varies (55-foot to 90-foot
Bell Road
Arterial wide north half-street)
34th Way Local 40 foot west half-street
Street Map Classification
Danburry 25-foot south and west half-
Local
Road street




Page 390
Staff Report: Z-38-21-2
August 30, 2021



Paradise 50-foot wide cul-de-sac
Street Map Classification Local
Park Drive radius

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY AND CHARACTER; LAND USE PRINCIPLE: New development
and expansion or redevelopment of existing development in or near residential
areas should be compatible with existing uses and consistent with adopted plans.

As stipulated, the proposed development is compatible with existing nearby uses and
consistent with the North 32nd Street Policy Plan.

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY AND CHARACTER; DESIGN PRINCIPLE: Protect and enhance
the character of each neighborhood and its various housing lifestyles through
new development that is compatible in scale, design, and appearance.

The proposal promotes the expansion of multifamily residential land uses in the area. As
stipulated, the proposed development is consistent with the scale, design, and zoning
which has been approved in the surrounding area.

BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.

The rezoning case proposes landscaping around all four sides of the building and open
space areas. Detached sidewalks along 34th Way, Bell Road and Danbury Road framed
with landscape strips will provide thermal comfort for pedestrians. The proposal also
requires that a minimum of 75 percent of the public sidewalk along Bell Road be shaded.

Applicable Plans, Overlays, and Initiatives
Piestewa Peak Freeway Specific Plan – See Background Item No. 6

North 32nd Street Policy Plan – See Background Item No. 7

Housing Phoenix Plan – See Background Item No. 8

Tree and Shade Master Plan – See Background Item No. 9

Zero Waste PHX – See Background Item No. 10

Complete Streets Guiding Principles – See Background Item No. 11




Page 391
Staff Report: Z-38-21-2
August 30, 2021


Comprehensive Bicycle Master Plan – See Background Item No. 12


Surrounding Land Uses/Zoning
Land Use Zoning
On Site Movie theater PSC (Planned Shopping
Center), Approved C-2
(Intermediate Commercial)
North and Northeast Single-family residential R1-6 (Single-Family Residence
District)
East (across 34th Restaurant and commercial C-2 and R1-6
Way) retail, single-family residential
South (across Bell Commercial uses including a C-1 (Neighborhood Retail),
Road) church, credit union and retail C-O, (Commercial Office), and
shops C-2
West Grocery store C-2

R-3A Multifamily Residence District
(Subdivision Option)
Provisions on the
Standards Requirements
Proposed Site Plan
Gross Acreage No minimum 12.92 acres
Maximum Number of Units 284 units 278 units (Met)
Maximum Dwelling Unit 22 dwelling units per acre 21.52 dwelling units per
Density (units/gross acre) acre (Met)


R-3A Multifamily Residence District
(Subdivision Option)
Minimum Building Setbacks Front: 25 feet (Danbury Front: 25 feet (Met)
Street)
Side: 10 and 3 feet (Met)
Sides: 10 and 3 feet
Rear: 15 feet (Met)
Rear: 15 feet
Landscape Setbacks Front: 25 feet (Danbury Front: 25 feet (Met)
Street)
Sides: 5 feet (Met)
Sides and Rear: 5 feet
(each) Rear: 10 feet (Met)




Page 392
Staff Report: Z-38-21-2
August 30, 2021


Lot Coverage 45% maximum 35% (Met)
Maximum Building Height 3 stories or 40 foot maximum 3 stories and 37 feet (Met)
Minimum Common Areas 5% of gross site area 18.5% (Met)


Background / Issues / Analysis

1. SUBJECT SITE

This request is to rezone a 12.92-acre site, located on the northwest corner of 34th Way
and Bell Road from PSC, Approved C-2 (Planned Shopping Center, approved Intermediate
Commercial District) to R-3A (Multifamily Residence District) to allow a multifamily
residential development.

The subject site was annexed into the City of Phoenix from Maricopa County in 1988. The
site currently has a Harkins Movie Theater, which was developed in 2000.




Historical Aerials, Source: Maricopa County




Page 393
Staff Report: Z-38-21-2
August 30, 2021


2. ZONING AND LAND USE

Subject Site:
The subject site is zoned PSC, approved C-2
and contains a movie theater on 12.92 acres.
The site is proposed to be rezoned to allow
multifamily residential.

North:
The residential subdivision, Parque Vista
Estates Unit 5, to the north of the subject site
was platted in 1978. The zoning designation
is R1-6, approved through Annexation No.
135 (G-3118).

South:
There are five parcels to the south, across
Bell Road. To the southeast the site is zoned
C-1, approved through Rezoning Case No.
Z-46-01. Directly south there is a parcel
zoned C-O, approved through Rezoning Case Surrounding Zoning, Source: Phoenix Planning
and Development Department
No. Z-195-84. To the south and west is a
large commercial center zoned C-2, approved through Rezoning Case No. Z-105-84.

West:
Immediately west of the subject site is a big box grocery store zoned C-2 through
Annexation No. 106 (G-3118).

East:
The subdivision, Parque Vista Estates Unit 1, to the east of the subject site was platted in
1975. The zoning designation is of R1-6 for the single-family uses and C-2 for the
commercial uses along Bell Road, approved through Annexation No. 135 (G-3118).




Page 394
Staff Report: Z-38-21-2
August 30, 2021


3. GENERAL PLAN

Subject Site:
The General Plan Land Use Map designation for the subject site is Commercial on the
southern half (6.81 acres) and Residential 3.5 to 5 dwelling units per acre on the northern
portion (6.11 acres). A companion case, GPA-PV-2-21-2, has been submitted requesting a
General Plan Land Use Map designation of Mixed Use (Commercial / Residential 15+
dwelling units per acre).
North and Northeast East:
The General Plan Land
Use Map designation for
the property to the north
and northeast is
Residential 3.5 to 5
dwelling units per acre.

South, Southeast and
West
The General Plan Land
Use Map designation for
the properties to the
south, southeast and west
is Commercial.




General Plan Land Use map, Source: City of Phoenix Development
and Development Department
General Plan Land Use, Map,
Source: City of Phoenix
Planning and Development
Department

4. SITE PLAN

The conceptual site plan depicts sixteen buildings on the site of various heights with a
proposal for 278 dwelling units. This proposal limits the number of dwellings allowed under
the R-3A zoning district, which is consistent with other developments in the area. To ensure
the site develops with no more than 278 units staff is recommending Stipulation No. 3.
Further, staff is recommending general conformance to the site plan date stamped August
11, 2021. This is addressed in Stipulation No. 1.

Proposed access to the site is located off of Bell Road and a secondary ingress/egress
point off of 34th Way. Both points of ingress/egress will include enhanced landscaping as




Page 395
Staff Report: Z-38-21-2
August 30, 2021


recommended in Stipulation No. 4.

The conceptual site plan depicts several open space areas. Staff is recommending
Stipulation No. 5, which will ensure that these open space areas come to fruition and
contain residential amenities. Amenities in the open space areas will help to create a sense
of community.




Conceptual Site Plan, Source: Studio 15 Architecture & Planning


5. ELEVATIONS

The proposal includes conceptual elevations that illustrate variations in roofline, window
shapes and sizes, architectural embellishments and textural changes. The building height is
capped at three stories and 37 feet. To ensure the elevations include architectural details,
staff is recommending Stipulation No. 2.




Page 396
Staff Report: Z-38-21-2
August 30, 2021




Conceptual Elevations, Source: Studio 15 Architecture & Planning


6. Piestewa Peak Freeway Specific Plan
The subject site is located within the Piestewa Peak
Freeway Specific Plan corridor, Segment 8. This
segment contains a mix of City park land, a golf
course, single-family residential, a high school and a
small commercial development. No land use
mitigation strategies were included for the subject
site. The proposal will add housing options within
Segment 8 transportation corridor.




Piestewa Freeway Specific Plan, Segment 8, Source: City of Phoenix
Planning and Development Department




Page 397
Staff Report: Z-38-21-2
August 30, 2021


7. North 32nd Street Policy Plan
The subject site falls within the boundaries of the North 32nd Policy Plan (“Policy Plan”)
area, which is approximately from the Phoenix Mountain Preserve to the south, Loop 101 to
the north, 28th Street to the west and 36th Street/State Route 51 to the east. Starting in
early 2012 through more than 40 meetings, city staff worked closely with concerned
property and business owners (known as the North 32nd Working Group) to develop the
Policy Plan. The primary purpose of the Policy Plan is to provide guidance on appropriate
locations for development and redevelopment within the North 32nd Street corridor. The
Policy Plan includes the results of mapping exercises for all the major intersections within
the corridor.

The subject site was identified as
a Repurpose/Retrofit on the policy
plan. Repurpose/Retrofit would
include improvements such as,
additional landscaping within the
right-of-way or parking lot,
adaptive reuse of structures, or
adding new buildings to vacant
properties or parking lots at the
same scale as surrounding
neighborhoods. The proposed
development helps to implement
the goal of revitalizing the corridor
by providing sensitively-designed,
new development that is
compatible within the context of
the surrounding area. The
proposal will significantly improve
a site along the North 32nd Street
corridor at a major intersection
and offers an additional housing
option to the community. North 32nd Street Policy Plan Segment Map, Source: City of
Phoenix Planning and Development Department


8. Housing Phoenix Plan
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. This Plan
contains policy initiatives for the development and preservation of housing with a vision of
creating a stronger and more vibrant Phoenix through increased housing options for
residents at all income levels and family sizes. Phoenix’s rapid population growth and
housing underproduction has led to a need for over 163,000 new housing units. Current
shortages of housing supply relative to demand are a primary reason why housing costs
are increasing. The proposed development supports the Plan’s goal of preserving or
creating 50,000 housing units by 2030 by contributing to a variety housing types that will




Page 398
Staff Report: Z-38-21-2
August 30, 2021


address the supply shortage at a more rapid pace while using vacant land in a more
sustainable fashion.

This proposal will help to meet the goals of the housing plan by reducing the gap between
housing units and number of people moving to the region.

9. Tree and Shade Master Plan
The Tree and Shade Master Plan encourages treating the urban forest as infrastructure to
ensure the trees are an integral part of the City’s planning and development process.
Sidewalks on the street frontages should be detached from the curbs to allow trees to be
planted on both sides of the sidewalk to provide thermal comfort for pedestrians and to
reduce the urban heat island effect. Staff is recommending several stipulations designed to
provide trees and enhance shade within the development. Staff is recommending
stipulations for shaded and detached sidewalks along Bell Road, 34th Way and Danbury
Road in addition to enhanced tree and landscape areas and planting standards along the
south, east and north property lines. Further, staff is recommending all surface parking be
shaded by 25 percent. These are addressed in Stipulation Nos. 7, 8, 9 and 10.

10. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal to
become a zero-waste city, as part of the city’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial and mixed-use developments
meeting certain criteria. The conceptual site plan has not indicated the location of recycling
facilities as part of this project.

11. Complete Streets Guidelines
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding Principles.
The principles are intended to promote improvements that provide an accessible, safe,
connected transportation system to include all modes, such as bicycles, pedestrians,
transit, and vehicles.

The proposal includes shaded sidewalks which will increase the thermal comfort for those
walking to and from nearby transit and those patronizing local businesses. The proposal
also includes several bicycle parking spaces for visitors and residents, in addition to a
bicycle repair station as required in Stipulation No. 11. Further, staff is requiring pedestrian
safety features such as stamped or colored concrete, decorative pavers or other materials
across the driveway aisles, and clearly defined pedestrian pathways connecting building
entrances to public sidewalks as outlined in Stipulation Nos. 6 and 13.

12. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to guide the




Page 399
Staff Report: Z-38-21-2
August 30, 2021


development of its Bikeway System and supportive infrastructure. The Comprehensive
Bicycle Master Plan supports options for both short- and long-term bicycle parking as a
means of promoting bicyclist traffic to a variety of destinations. Providing bicycle parking for
residents and for guests of the development is supportive of multimodal travel options and
will encourage residents to use biking as an alternative mode of transportation. A bicycle
repair station provided on site will also promote bicycling as an alternative mode of
transportation. These are addressed in Stipulation No. 11.

COMMUNITY INPUT SUMMARY
13. At the time this staff report was written, staff had received forty eight letters of concern. The
concerns include increased traffic congestion, increase in crime rates in the area, lower
property values resulting from the development, density concerns, price of rents and the
loss of the movie theater as a community amenity. No letters of support had been received
regarding the request at the time this staff report was written.

Interdepartmental Comments:

14. The Street Transportation Department requested detached sidewalks along all street
frontages, including along Bell Road, to allow additional opportunities for shade. The
Street Classification Map envisions detached sidewalks along Bell Road. Furthermore,
the Street Transportation Department requested that a minimum 13-foot wide
landscape strip along Bell Road, 75 percent shaded pedestrian pathway from the
subject site to Bell Road and that all street improvements be constructed with all
requirement elements and ADA accessibility standards. These are addressed in
Stipulation Nos. 7, 8, 9 and 14.

15. The Public Transit Department requested that pedestrian pathways that cross drive
aisles be constructed of decorative pavers, stamped or colored concrete or another
material other than those uses to pave the parking surfaces and that clearly defined,
accessible pedestrian pathways be provided to link building entrances to public
sidewalks, and that trees shall be placed to provide 75 percent shade coverage for
sidewalks and pedestrian pathways. Further, staff has requested a bus stop pad along
Bell Road. These are addressed in Stipulation Nos. 6, 12 and 13.

16. The Fire Department commented that the buildings shall comply with the Phoenix Fire
Code. The Fire Department also stated that depending on building plans, final site
plan, an appeal to the fire marshal may be required for site access.

17. The City of Phoenix Water Services Department has noted the property has existing
water and sewer mains that can potentially serve the proposed development;
however, water capacity is a dynamic condition that can change over time due to a
variety of factors.




Page 400
Staff Report: Z-38-21-2
August 30, 2021


OTHER
18. The site is located in a larger area identified as being archaeologically sensitive. If
further review by the City of Phoenix Archaeology Office determines the site and
immediate area to be archaeologically sensitive, and if no previous archaeological
projects have been conducted within this project area, it is recommended that
archaeological Phase I data testing of this area be conducted. Phase II archaeological
data recovery excavations may be necessary based upon the results of the testing. A
qualified archaeologist must make this determination in consultation with the City of
Phoenix Archaeologist. In the event archaeological materials are encountered during
construction, all ground disturbing activities must cease within a 33-foot radius of the
discovery and the City of Phoenix Archaeology Office must be notified immediately
and allowed time to properly assess the materials. These are addressed in Stipulation
Nos. 15 through 17.

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

Findings

1. As stipulated, the proposal will be compatible with existing nearby uses and consistent
with the North 32nd Street Policy Plan, Comprehensive Bicycle Master Plan, Tree and
Shade Master Plan and the Complete Streets Guiding Principles.

2. The proposal will redevelop a property and provide a high quality multifamily
development which is consistent with the North 32nd Street Policy Plan designation of
Repurpose/Retrofit for the site.

3. The proposal provides a new housing option to contribute to the mix of housing types
in the area and will help alleviate the housing shortage in Phoenix.

Stipulations

1. The development shall be in general conformance with the site plan date stamped
August 11, 2021, as modified by the following stipulations and approved by the
Planning and Development Department.

2. The development shall be in general conformance with the elevations date stamped
June 14, 2021, as modified by the following stipulations and approved by the Planning
and Development Department.

a. All building elevations shall contain three of the following architectural
embellishments and detailing: textural changes, pilasters, offsets, recesses,
variation in window size or location, overhang canopies, or similar features.




Page 401
Staff Report: Z-38-21-2
August 30, 2021



b. Decorative garage treatments, including but not limited to, windows, raised or
recessed panels, architectural trim, and single garage doors.

3. The development shall be limited to a maximum of 278 dwelling units.

4. Enhanced landscaped entries shall be provided at the entryways into the development
off of Bell Road and 34th Way with a minimum 300 square feet of landscaped area on
each side of the entrances. The landscaped entries shall be planted and maintained
with a variety of at least three different plant materials, as approved by the Planning
and Development Department.

5. There shall be a minimum of four private open space amenity areas, three of which
shall be centrally located. A minimum of 10 percent of the site area shall be preserved
as open space, exclusive of landscape setbacks. Each area shall provide, at a
minimum, one of the following active amenity elements or other similar elements, as
approved by the Planning and Development Department:

a. Swimming Pool

b. Pickleball court or another active recreational amenity

c. Pavilion or Ramada

d. Dog park

6. Where pedestrian pathways cross drive aisles, the pathway shall be constructed of
decorative pavers, stamped or colored concrete, or another material, other than those
used to pave parking surfaces and drive aisles, as approved by the Planning and
Development Department.

7. A minimum 5-foot-wide detached sidewalk shall be provided along Bell Road with a
minimum 10-foot-wide landscape area located between the sidewalk and back of curb
and planted to the following standards, as approved by the Planning and Development
Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a minimum
of 25 feet on center or equivalent groupings to provide a minimum of 75% shade
on the adjacent sidewalk.

b. Drought tolerant shrubs and vegetative groundcovers maintained no higher than
24 inches to provide a minimum of 75% live coverage at maturity.

c. A minimum 10-foot-wide public sidewalk easement along the northern side of Bell




Page 402
Staff Report: Z-38-21-2
August 30, 2021


Road shall be dedicated.

Where utility or mature tree conflicts exist, the developer shall work with the Planning
and Development Department and the Street Transportation Department on potential
alternative design solutions consistent with a pedestrian environment.

8. A minimum 5-foot-wide detached sidewalk shall be provided along 34th Way with a
minimum 5-foot-wide landscape area located between the sidewalk and back of curb
and planted to the following standards, as approved by the Planning and Development
Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a minimum
of 20 feet on center or equivalent groupings to provide a minimum of 75 percent
shade on adjacent sidewalks.

b. Drought tolerant shrubs and vegetative groundcovers maintained no higher than
24 inches to provide a minimum of 75 percent live coverage at maturity.

Where utility or mature tree conflicts exist, the developer shall work with the Planning
and Development Department and the Street Transportation Department on potential
alternative design solutions consistent with a pedestrian environment.

9. The developer shall provide a minimum 5-foot-wide detached sidewalk along Danbury
Road with a minimum 5-foot wide landscape area located between the back of curb
and sidewalk, as approved by the Planning and Development Department.

10. A minimum 25 percent of the surface parking lot areas must be shaded by minimum
2-inch caliper, large canopy single trunk shade trees, located within minimum 5-foot
wide landscape areas, as approved by the Planning and Development Department.

11. The applicant shall incorporate bicycle infrastructure as described below and as
approved by the Planning and Development Department.

a. A bicycle repair station (“fix it station”) shall be provided on the site. The station
shall include standard repair tools affixed to the station; a tire gauge and pump;
and a bicycle repair stand which allows pedals and wheels to spin freely while
making adjustments to the bike.

b. Resident bicycle parking shall be provided at a rate of 0.25 spaces per dwelling
unit, up to a maximum of 50 spaces. These spaces may be provided through a
combination of “Secure/Covered Facilities” and “Outdoor/Covered Facilities” as
defined in Appendix K or the Comprehensive Bicycle Master Plan.
“Outdoor/Covered Facilities” shall comprise no more than 60 percent of required
resident bicycle parking.




Page 403
Staff Report: Z-38-21-2
August 30, 2021



c. Guest bicycle parking shall be provided. Artistic style racks or “Outdoor/Covered
Facilities” for guests shall be located near building entrances and the amenity
areas, and installed per the requirements of Section 1307.H of the Zoning
Ordinance. All racks shall be adherence to the City of Phoenix Preferred
Designs in Appendix K or the Comprehensive Bicycle Master Plan.

12. The Public Transit Department shall require retention of right-of-way and one bus stop
pad along westbound Bell Road west of 34th Way. Should the bus stop require
demolition and/or replacement, the bus stop pad shall be constructed according to
from the intersection as per City of Phoenix Standard Detail P1258, as approved by
the Public Transit Department.

13. Clearly defined, accessible pedestrian pathways shall be provided to connect building
entrances, bus stop pads, and public sidewalks, using the most direct route for
pedestrians, as approved by the Planning and Development Department.

14. The developer shall construct all streets within and adjacent to the development 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.

15. 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.

16. 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.

17. 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.

Writer
David Simmons
August 30, 2021

Team Leader
Samantha Keating




Page 404
Staff Report: Z-38-21-2
August 30, 2021


Exhibits
Zoning sketch map
Aerial sketch map
Site plan date stamped August 11, 2021 (1 page)
Elevations date stamped June 14, 2021 (7 pages)
Community correspondence (54 pages)




Page 405
CAMPO BELLO DR DR
N
SO
ST
E R

35TH
D
AN DR
RK

32ND PL
PA
MONICA AVE IS
E R1-6
AD TH
R 34 HAR
PA T FOR
ST D
AY
AVE
RD
HW
PL 34T PSC *
ANX 135-2A

R-3 *
ANX 135-2C
ANX 135-2F
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C-2 Z-64-89

C-2 *
ANX 135-2B C-2 *
Z-4-95
BELL RD
C-1 * C-2 *

36TH ST
Z-46-01 Z-93-90

C-2
Z-88-00

C-2 * C-O * * R-4 *
* P-1 *
R1-14 Z-46-01 Z-46-01
Z-105-84 Z-195-84 Z-226-83
P-1 Z-176-01




I
DEER VALLEY DR

SR 101
Z-38-21
UNION HILLS DR
Miles


A W P EA K PKWY (SR 51)
BELL RD
0.055 0.0275 0 0.055 GREENWAY RD

PARADISE VALLEY VILLAGE THUNDERBIRD RD

CITY COUNCIL DISTRICT: 2 CACTUS RD




SCOTTSDALE RD
SHEA BLVD
QU

16TH ST 56TH ST 64TH ST
24TH ST S

TATUM BLVD
32ND ST
40TH ST




APPLICANT'S NAME: REQUESTED CHANGE:
Chase Courchaine
FROM:
PSC (Approved C-2) ( 12.92 a.c.)
APPLICATION NO. DATE:
7/1/2021
Z-38-21 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
12.92 Acres QS 37-35 M-10 TO: R-3A ( 12.92 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
PSC (Approved C-2) N/A (187) N/A ( 225)
R-3A 284 341

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-38-21.mxd
Page 406
CAMPO BELLO DR DR
N
SO
ST
E R

35TH
D
AN DR
RK

32ND PL
PA
MONICA AVE IS
E R1-6
AD TH
R 34 HAR
PA T FOR
ST D
AY
AVE
RD
HW
PL 34T PSC *
ANX 135-2A

R-3 *
ANX 135-2C
ANX 135-2F
ME
AD
OW
C-2 * DR
C-2 Z-64-89

C-2 *
ANX 135-2B C-2 *
Z-4-95
BELL RD
C-1 * C-2 *

36TH ST
Z-46-01 Z-93-90

C-2
Z-88-00

C-2 * C-O * * R-4 *
* P-1 *
R1-14 Z-46-01 Z-46-01
Z-105-84 Z-195-84 Z-226-83
P-1 Z-176-01


Maricopa County Assessor's Office



I
DEER VALLEY DR

SR 101
Z-38-21
UNION HILLS DR
Miles


A W P EA K PKWY (SR 51)
BELL RD
0.055 0.0275 0 0.055
PARADISE VALLEY VILLAGE
GREENWAY RD

THUNDERBIRD RD

CITY COUNCIL DISTRICT: 2 CACTUS RD




SCOTTSDALE RD
SHEA BLVD
QU

16TH ST 56TH ST 64TH ST
24TH ST S

TATUM BLVD
32ND ST
40TH ST




APPLICANT'S NAME: REQUESTED CHANGE:
Chase Courchaine
FROM:
PSC (Approved C-2) ( 12.92 a.c.)
APPLICATION NO. DATE:
7/1/2021
Z-38-21 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
12.92 Acres QS 37-35 M-10 TO: R-3A ( 12.92 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
PSC (Approved C-2) N/A (187) N/A ( 225)
R-3A 284 341

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-38-21.mxd
Page 407
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David O Simmons

From: Abraham Seitz
Sent: Friday, July 9, 2021 2:04 PM
To: David O Simmons
Subject: Rezoning 34th way


Good afternoon Mr. Simmons,

My name is Abraham Seitz and I reside in Parque Vista Estes which will be affected by the proposed rezoning at 34th
way.

I read over the attached letter covering the main idea of building 278 apartments. While the description of the building,
management, and amenities sounds nice, I, as well as several neighbors, have multiple concerns.

Initially, there is the concern of additional traffic on Bell and 34th way. This area can already back up sometimes during
rush hour.

In the long run, our property values are also at severe risk or declining.

Renters, apartments or not, rarely care for their living situations with the same attention to detail as owners.

While Parque Vista is not a new development by any means, many homes in my neighborhood are well taken care of
and some such as mine are newly renovated.

The idea of building a housing community which will house hundreds of people right in our neighborhood is not
something I nor the people I have spoken to see willing to support.

I plan to attend the virtual meeting to voice this opinion, but is there anything we as a neighborhood can do?





Page 416

Page 417
Respectfully,
Abraham Seitz





Page 418
David O Simmons

From: Ann
Sent: Sunday, July 11, 2021 12:52 PM
To: ben@witheymorris.com; David O Simmons
Subject: Application Z-38-21 Neighborhood Virtual Meeting Request


Please forward the link for the public meeting for 7/13/2021 to the address below.

We are vehemently opposed to a development of this size and nature in our humble neighborhood. The traffic and
congestion this will create is unmanageable. Multifamily housing is available just across the street on Bell
Road. Additional rental apartments will bring increased density, traffic and crime as well as a decrease in property
values to our area. We do not see any benefit to this development and urge the city to oppose it.

Warm regards,

Ann & Rob Lonergan, 20 year long HOMEOWNERS
17814 N 34th Way
Phoenix, AZ 85032
602-996-3731

annlonergan@cox.net





Page 419
David O Simmons

From: Ann Robinson
Sent: Tuesday, July 13, 2021 10:06 AM
To: David O Simmons
Subject: Rezoning of Harkins Theatre - 34th Way and Bell Road


Hi David,
As a frequent movie goer at the Harkins Theatre at Bell at 34th Way and Bell Road I'd like to add my voice against the
rezoning. The theatre is part of the neighborhood and there isn't another Harkins theatre within 10 miles. We go to the
movies at least 2-3 times a month and would hate to see it torn down to put in apartments. Putting apartments at that
location would increase traffic on Bell Road which is already very heavy and gets backed up.

Thank you for your time.
Ann Robinson





Page 420
David O Simmons

From: Adam Berkseth
Sent: Friday, July 9, 2021 12:15 AM
To: David O Simmons
Subject: Proposed apartment complex at 34th way and east bell road.


Hello David, I am a home owner in parque vista estates and want to voice my disapproval for the proposed apartment
complex to replace Harkins in my neighborhood. I am concerned that this will cause increased traffic, crime, and
decreased property value for my home. Also i picture people parking up and down 34th way. And increased car
accidents to an already heavily traffic busy bell road.

My name is Adam Berkseth and I live at 3426 e anderson drive Phoenix AZ 85032.

Thank you

Get Outlook for Android [aka.ms]





Page 421
Dear David,

Thank you for taking the time last week to answer additional questions I had regarding the above
re-zoning application. As I mentioned, I have several concerns regarding this proposed re-
zoning. I will outline those below.
Prior to outlining my concerns regarding this proposed re-zoning, I do have an additional issue
with the re-zoning process as it pertains to notification. I have read the notification requirements
as outlined in the rezoning guide. Unfortunately, of the 900+ single family homes in Parque
Vista Estates (development directly north of the proposed site), less than 10% were notified by
the proposed developer for the site at 34th Way and Bell Road. The only way most of us not in
the notification zone learned of this was on the app, Nextdoor. I understand by The City of
Phoenix requirements, they did not have to do so. With that said, it may behoove them to do so
during this process. When I have spoken to several residents in this development that were not
informed of this either by letter, social media, or word of the mouth, they are angry and do not
understand why. Please share this information with the developer, as I will also be doing so on
the neighborhood virtual meeting scheduled for July 13, 2021.
The other information I wanted to share with you that I found interesting was on May 29, 2021,
this exact property was listed by Western Retail Advisors for pad or ground lease. I have the
information advertised if you would like a copy. On June 11, 2021 the re-zoning application was
submitted. At this time, the sites that I found this listed on are no longer available to the general
public. However, the sign is still posted on the south side of the parking lot at “Harkins”. That
leads me to believe that Harkins was actually considering additional retail spaces on this site, not
residential. I understand this is private property, and they may sell it to whomever they wish.
All of us in this development would like to keep the zoning as it currently stands.
Following are my concerns and many other residents in the development how this multi-family
site will impact our Quality of Life:


• Increase Traffic on Bell Road, 34th Way, and within the development.
• Unwanted Additional On-Street Parking.
• Potential for increase in property and other crimes.




Page 422
• Entrance/Exit (Egress/Ingress) to Parque Vista Estates. The is a total of three (only
one with a stop light). A stop light at two of the entrances would not be viable as the
traffic would back up on Campo Bello Drive and St. Johns off of 32nd street.
Additional back up would occur North and South bound 32nd street.
• Increase in insurance rates due to more traffic. Auto and home owner’s rates are
based on accidents, traffic and crime.
• Population increase. There are 900+ single family homes in Parque Vista Estates.
With an additional 278 apartments, that is 1/3 increase in population within the
proposed site of Bell Road and 34th Way.
• Traffic accidents on Bell Road and at the stop light of 34th Way. There is so much
traffic on Bell Road at that light, which results in Red-light runners and accidents.
• If approved, construction traffic on Bell Road and 34h Way, as well as the time it
would take to complete the project. Once completed, how many owners will this
property have over its life-time.
• Additional traffic from AZ 51 onto and off of Bell Road.
• Noise pollution. More people and automobiles, the more noise.
• Increase in travel time out of and into the development due to traffic.
• Delay for first responders. The more traffic on Bell Road, 34th Way and the
development could delay response time.
• Adverse effect on Property values and Property taxes.
• We live in a desert and currently in a drought. What does increase to the
population by 1/3 at Bell Road and 34th Way do to our current water supply in this
area.
• City of Phoenix water and sewer fee increase. The more use, the higher the fee
increase.
• All homeowners that live in Parque Vista Estates either were or are aware that the
current zoning for the site in question is commercial. Commercial property has a
set open and close time (currently movie theatre), where as an apartment complex,
multi-family homes will be in operation 24/7.
• There are current home sellers and buyers in this area that are not aware of the
proposed re-zoning. This will adversely affect the prices for these homes.

Additional detail to the above concerns will be provided during the public meetings. At this
time, I am requesting the opportunity to speak at all of the future meetings concerning this re-
zoning request.
Thank you for your time and consideration in this matter. Additional concerns may develop as
this process proceeds.
Respectfully,


Bernadette (Bernie) Cook-Settles




Page 423
David O Simmons

From: Bill Simmons
Sent: Friday, July 9, 2021 10:51 AM
To: David O Simmons
Subject: I am very concerned about the apartments that are proposed to be built on the corner
of 34th way and Bell road. We live in the area directly north of where this is tentatively
going to be built. I strongly oppose this project as it will have adverse af...





Page 424
David O Simmons

From: Council District 2 PCC
Sent: Tuesday, July 20, 2021 12:11 PM
To: David O Simmons
Subject: Fwd: Rezoning for Harkins Theater on Bell Rd.


Hi David,

Can you please add to the public record?

Thank you,
Christine

Get Outlook for iOS

From: Blake Marshall
Sent: Tuesday, July 20, 2021 11:52:23 AM
To: Council District 2 PCC
Subject: Fwd: Rezoning for Harkins Theater on Bell Rd.

Councilman Waring,

I just read this article about the Harkins Theater at 32nd and Bell closing around the end of the year and replaced by
"gated multifamily housing".

https://www.phoenixnewtimes.com/arts/harkins-theatres-plans-to-close-its-north-valley-16-cinema-in-phoenix-
11585156 [phoenixnewtimes.com]

To me that implies a luxury apartment complex which only worsens the high rents in north Phoenix. The article says
there will be a hearing to decide rezoning. I think if you have an influence or vote, the builder should be required to
make a good portion of units "affordable housing" with lower rents to even out availability of lower income housing. I
recently had my rent increase 30%, and I think this is an opportunity to improve things. Please let me know what can be
done.

Thank you

Blake M.
425-282-2421


*******





Page 425
David O Simmons

From: Christman, Bob
Sent: Monday, July 12, 2021 11:51 AM
To: David O Simmons
Subject: 278 Apartments at Harkins.


Iam a resident in Park Vista Estates and have been since 1978. 278 APT. UNITS ARE JUST GOING TO ADD TO an all ready
growing problem with traffic congestion and residents only having a few options trying to get out of our area. This is
only about money. Park Vista Residents like our movie theater. Leave this area alone.





Page 426
David O Simmons

From: Bryan Jackson
Sent: Saturday, July 10, 2021 5:45 PM
To: David O Simmons
Subject: Z-38-21


We do NOT need apartments at this location! Residents in the area are already struggling with getting in and out of the
grocery store to the West of this property and we don’t need 300+ more vehicles swarming an already crowded
neighborhood. We have the Park and Ride to the Southeast of this property and it already brings in too many non-
residents into the area. We have an already high crime and homeless population and apartments will just bring more of
both. This land does NOT need to be rezoned to allow 238 apartments to drown this area out. Don’t suffocate my
neighborhood by allowing this land to be rezoned for apartments.

Bryan Jackson





Page 427
David O Simmons

From: Cheryl Simmons
Sent: Thursday, July 8, 2021 3:41 PM
To: David O Simmons
Subject: Resining Application Z-38-21


Hello sir-

I am concerned about the possibility of a large apartment complex being built on 34th Way and Bell Road.

Can I email my concerns to you or do I have to mail a letter? I have asked for the link for the zoom meeting but have
not received it as of yet.

Also, I would like to reserve a spot to speak, however I would like Bernadette Cook Settles to speak for me, if possible.

Regards,
Cheryl Simmons

Sent from my iPhone





Page 428
David O Simmons

From: Patrick Cogan
Sent: Monday, July 12, 2021 8:45 PM
To: David O Simmons
Subject: Harkins 34th and Bell Road Whitney Morris



David,

I am not in approval of the zoning of this property being changed from commercial to residential and an
apartment building being built. This will hurt our property value and bring in another 500+ cars into a
neighborhood with only two exits. What needs to be done for me to get my voice heard? Is there any zoning
meetings planned for this community to attend to voice our frustration? I know I am not the only one not
wanting an apartment complex to replace the Harkins. Any guidance would be greatly appreciated.

Patrick Cogan
623-826-4408





Page 429
David O Simmons

From: Bernadette Cook
Sent: Friday, July 16, 2021 1:24 PM
To: David O Simmons
Subject: Re-zoning application Z-38-21, Neighborhood zoom meeting 7/13/21


Dear David,

I have had an opportunity to review my notes from the meeting that took place via zoom dated 7/13/21. We understand
due to Covid-19 that this meeting occurred by zoom, however it was not the most effective way to conduct the
meeting. Several individuals on the call were disappointed by the way we had to communicate our questions. A typed
chat feature was not effective at all. By the time you had an opportunity to type the question, while trying to listen to the
meeting, left little to be desired. There were several questions that were not read in full, with partial answers given by Mr.
Tate. It appeared that Mr. Tate would pick and choose to read portions of the questions as well as provide partial
answers. That appeared to be due to the time frame of the meeting. One hour at 5:30 pm was not enough time to
address questions that all of us had. Many individuals did not even have an opportunity to join the meeting in a timely
fashion due to work schedules. Can the schedule of future meetings, time duration and in-person participation be
seriously considered.

The City of Phoenix requirements for notification needs to change. Some of us have read the criteria, but there are so
many homeowners in Parque Vista Estates that do not understand it and are angry. Mr. Tate did say that all of us on the
call would be notified, however there were only 60 of us on the meeting and there are 900+ homeowners that will be the
most affected by this proposed re-zoning. That brings us to another concern. There are numerous home owners that do
not use a computer, retired, and are not on social media, how are they to stay informed of this process? I myself even
had difficulty with the zoom meeting.

One of the questions I had, for which he replied "that can be considered", was to conduct real time traffic numbers for Bell
Road and 34th Way, by a actual traffic meter. The numbers that Mr. Tate presented as far as the traffic in and out of the
proposed apartment complex compared to the current zoning for Bell Road and 34th Way have not been seen, except for
the slide he presented. The numbers are not on their site, nor could I find them anywhere. The home owners in Parque
Vista Estates do not believe the numbers. We live here and we see the traffic.

One of the proposed options we mentioned to Mr. Tate, that if this re-zoning did go through was to shut all traffic from the
apartment complex on and off of 34th Way. If I recall correctly, it did not sound like that would even be considered. Is this
an option? If not, then why? Again, this is our only traffic light in and out of our development. To add even 2 00+ vehicles
in and out of 34th Way, will make it impossible to enter and exist Parque Vista Estates safely. There is no traffic light at
32nd Street and St. John's, nor at 32nd Street and Campo Bello Drive. Putting lights at these two entrances/exits could
be disaster for those individuals that live directly on those streets. What options are there to stop individuals from the
proposed apartment complex adding more traffic through and out of our neighborhood. Can every option be explored?

Thank you for your time and consideration in this matter.

Signed

Bernadette Cook-Settles





Page 430
David O Simmons

From: patricia cox
Sent: Tuesday, June 29, 2021 9:57 AM
To: David O Simmons
Subject: Harkins Theater at E Bell and 34th Way


Hi – your email was provided as a contact regarding the subject project. I am hearing that a developer is planning to
replace the theater with a 278-unit apartment complex. How can I find out the status of this and where can I submit
objections to it?

Thank you,
Patricia Cox
Resident of Parque Vista Estates

Sent from Mail [go.microsoft.com] for Windows 10





Page 431
David O Simmons

From: Crystal Gannon
Sent: Thursday, July 1, 2021 11:06 AM
To: David O Simmons
Subject: Rezoning 34th and Bell (Harkins)


Hello

In my neighborhood group, I saw the notice that the Harkins property on 34th and bell was bought and is intended to be
rezoned into apartments. Where is this at in the process of approvals and is it still early enough to voice our opinions for
this to not be approved? I feel that an addition of apartment buildings there will not improve the area, and we would be
better off with adding a retail space there like trader Joe's

Thanks for your time reading this email

Crystal Gannon
Homeowner in Parquet Vista Estates

Sent from Yahoo Mail on Android [go.onelink.me]





Page 432
David O Simmons

From: dilloncopeland1
Sent: Saturday, July 10, 2021 10:51 AM
To: David O Simmons
Subject: 278 apartments


David,

Good morning. I know you have been receiving a lot of emails in regards to the proposed apartments here off
of 34th street and bell. I want to express my feelings. Its a horrible feeling to feel helpless about this. A lot of
the neighbors are not happy about the proposed plans. I have lived in this neighborhood my whole 25 years
being alive. Literally anything besides an apartment complex would be better for this community. They talk
about how it's going to be less traffic and beneficial to this community. That is not the case at all. This
apartment complex is going to add way more traffic, crime, and various problems to this community. The
developers that are coming in are just money hungry and want to do anything for a buck. I always feel like the
lower class gets taken advantage of and this is one of those cases. As someone who has lived in this
community for 25 years and seen the ups and downs in the neighborhood. I know for a fact that this is only
going to cause more problems. My email might not even get read fully and that's okay. But I just want to write
to you and express my feelings because there might be some neighbors that don't know how or even who to
reach out to. This is why I am taking it upon myself to reach out to you and let our voices be he ard. Please stop
this from taking place. An apartment complex is the LAST thing that needs to be put here in our community.

Thank you for listening,

Dillon Copeland



Sent from my Galaxy





Page 433
David O Simmons

From: Richardson, Erica
Sent: Tuesday, July 13, 2021 8:42 AM
To: David O Simmons
Subject: Project at 34th Street and Bell Road Z 38-21




From: Richardson, Erica
Sent: Thursday, July 8, 2021 3:17 PM
To: zoning@phoenix.gov
Subject: Project at 34th Street and Bell Road

Good Afternoon,

I am writing to implore you to NOT permit the rezoning of the property at 34 th Street and Bell Road which currently
houses a Harkins movie theater.

A developer wishes to turn this supposedly 12 acre parcel into “luxury housing” which will bring several problems to the
area including:

*Additional traffic issues and delays while waiting for a resident to open the security gate of the property along with
increased traffic accidents along an already highly travelled road and is dangerously close to on/off ramps of Hwy 51.
*2 of 3 public schools zoned for that property do not have the proper infrastructure to house a large influx of students
*This luxury apartments will do nothing to alleviate the growing issue of affordable housing in the area and in fact may
force people from their current housing
*This suggested location sits near a known area with a high rate of crime including gang activity and weapons violence,
this new apartment complex could become a high crime target by these persons
*residents of the area are currently getting fed up with all the “improvements” being made that involve the tearing up
of the roads along Bell Rd and 32nd St. This new construction would possibly require even more work that involves the
tearing up of the roads. Traffic due to this is so bad that emergency vehicles are being told to find other ways around the
area when responding to a call!
*tearing down of the Harkins theater will result in the loss of more jobs than ones employed by an apartment complex
and this theater is the only one in the area that provides a safe movie experience for kids with special needs and low
income families during the summer months.

Again, I implore you to not allow the rezoning of the property at 3420 E. Bell Road to be rezoned into a multifamily
zoned property. There is much more property along Mayo Blvd or further down Bell Road that would be better suited
for a project such as this.


Erica Richardson
She/Her
Registrar and Records
Salt River Schools
Office (480) 362-2057

www.SaltRiverSchools.org [saltriverschools.org] | Facebook [facebook.com] | Instagram [instagram.com] |
YouTube [youtube.com]

Page 434
“Forget regret, or life is your’s to miss…”
Jonathan Larson




Please note: I now have a new e-mail address. The new e-mail address now ends with @saltriverschools.org. Please
update your address list with my new e-mail address Erica.Richardson@saltriverschools.org.

This message and any attached documents contain information from the Salt River Pima-Maricopa Indian Community
Education Division (DBA Salt River Schools) that may be confidential and/or privileged. If you are not the intended
recipient, you may not read, copy, distribute, or use this information, and no privilege has been waived by your
inadvertent receipt. If you have received this transmission in error, please notify the sender by reply e-mail and then
delete this message.





Page 435
David O Simmons

From: Erica Davis
Sent: Friday, July 9, 2021 11:15 AM
To: David O Simmons
Subject: Withey Morris PLC rezoning application - Z-38-21/GPA-PV-2-21


Hello,

I received a notice regarding the rezoning of the lot at 34th Way and Bell Road in Phoenix, 85032. The lot currently
houses a Harkins movie theater, and that's how I'd like it to stay. As a resident of this neighborhood, I have no interest in
having a 278 unit apartment complex at the end of my street. I am just off 34th Way on Meadow, the first block into the
neighborhood. This street is busy enough as it is. I do not agree with the builder's claim that traffic in the neighborhood
would be reduced by building this apartment complex.

I apologize if you are not the correct contact for this complaint. But I wanted to be sure that my voice was heard. I DO
NOT want this apartment complex to be built on this lot. If there is another person I should contact, or another outlet to
ensure that my concern is heard, please let me know.

Thank you.

Erica Davis





Page 436
David O Simmons

From: Ginger Chandler
Sent: Friday, July 9, 2021 8:28 PM
To: David O Simmons


To whom it may concern,
Re: Harkins theatre Bell Rd and
34th St

I am writing this in hopes that we will get enough negativity to keep the theatre and not put in an apartment complex.
That theatre has been there for so long and has always been a packed house. So nice to go to a theatre and not have to
deal with a shopping mall. I do not think an apartment complex is going to do anything positive for our neighborhood.
Traffic, noise, crime rate, our home owners insurance will go up, yet our home values will go down. This is a horrible
idea!!
I truly hope the people of our neighborhood will have some say so in this decision. I for one a am totally against it, as I
am sure everyone in our neighborhood is.
Thank you for your help,
Ginger Roler



Get Outlook for Android [aka.ms]





Page 437
David O Simmons

From: Marisa Gostony
Sent: Thursday, July 8, 2021 5:59 PM
To: David O Simmons
Subject: From a Parque Vista Estates homeowner


Hi David,

I hope you have had a great week. I wanted to reach out regarding the proposed apartment complex to replace the
Harkins North Valley 16. This is the proposed complex's website..


wolff34thbell.com [wolff34thbell.com]



I wanted to voice that I am not in favor of this proposal. I have owned my home here in Parque Vista Estates since 2011.
Over the years, I have had some issues- lawnmower stolen, mail stolen, etc. and I am very concerned that there will be
an increase in crime with a heavier population in the area.

There's already a severe amount of traffic at the light at 34th Street, and that's without the construction that seems to
be never ending over there.

Please take this into consideration when making your decision. We love our neighborhood without additional
residential spaces.

I appreciate your time, thank you!

Marisa Gostony

602.717.6210





Page 438
David O Simmons

From: gwendolynis
Sent: Saturday, July 10, 2021 6:01 PM
To: David O Simmons
Subject: Rezoning Bell & 34th Way


Dear Mr. Simmons,

I am a resident near this proposed new development and am concerned about a few things. This would
increase population density and Bell Rd traffic quite a bit.

Thank you,

Gwendolyn Hjelmstad





Page 439
David O Simmons

From: Council District 2 PCC
Sent: Friday, July 23, 2021 11:38 AM
To: David O Simmons
Subject: Harris


Hi David,

Could you please add Mr. Harris’ comments to the public record and answer any questions he may have about the
project?

Thank you,
Christine

Get Outlook for iOS

From: no-reply@phoenix.gov
Sent: Friday, July 23, 2021 11:30 AM
To: Council District 2 PCC
Subject: emdist2 - Form Submission


FROM : James A Harris

SUBJECT : Redevelopment of Harkins Movie Theater

MESSAGE : Jim, I read a news report yesterday that the Harkins theater is coming down, and a new 272 unit apartment
complex will be built in its place at 34Th Way and Bell Rd. I don't think that's the best use of that property for our
neighborhood. It will definitely increase traffic at that intersection and more than likely other problems. It appears the
project has already been approved but I have not seen any public signage posted at Harkins concerning land- use change.
Could You look into this and get back to me. I and my neighbors are definitely not happy about it.

Thank You,

James Harris
480-518-5220

Email : aceharris@gmail.com

AREA : 85032

PHONE : 480-518-5220

ADDRESS : 3431 East Angela Drive

CITY : Phoenix

STATE : AZ


Page 440
ZIP : 85032

Submission ID: 1eeda45aecc54c60b05f7d1d3f297901

Form Submission On : 7/23/2021 11:30:25 AM

Referer: https://phoenix.gov/district2/contact-district-2

This is Not Spam - This message is sent on behalf of the City of Phoenix.
Please handle appropriately.





Page 441
David O Simmons

From: Council District 2 PCC
Sent: Monday, July 12, 2021 1:12 PM
To: David O Simmons
Subject: Harding


Good Afternoon David,

Can you please add to the public record?

Thank you,
Christine

From: no-reply@phoenix.gov
Date: Monday, July 12, 2021 at 1:03 PM
To: Council District 2 PCC
Subject: emdist2 - Form Submission

FROM : janet harding

SUBJECT : Zoning change for 34th Way & Bell Rd.

MESSAGE : Hi Jim,

I live in the neighborhood behind the Harkins theaters at 34th Way & Bell Rd. Please do not allow the zoning to be
changed for a multi-family structure(s). This is not the place for apartments.

Not only will our property values go down, it increases the potential for the crime rate to go up in the area. It will also
create a serious traffic problem for the people that live in the neighbor hood. There are only 3 ways into our area now &
34th Way is the only access off of Bell Rd. 238 units?! There will be only 2 options in & out of that property. So add 238-
400 additional cars to that corner & the traffic will become unimaginable!

I do plan on attending the virtual meeting Tues. evening. Can you help in any way?

Also, my offer still stands - I will work on your campaign if you decide to run for other political office! (You are one of the
only level headed people on the city council)!

Regards,

Janet Harding
602-647-1210

Email : jharding.firstchoice@yahoo.com

AREA : 602

PHONE : 647-1210



Page 442
ADDRESS : 17211 N. 36th Street

CITY : Phoenix

STATE : AZ

ZIP : 85032

Submission ID: 01c567a1e1494d178e4e5bca9353a589

Form Submission On : 7/12/2021 12:57:23 PM

Referer: https://phoenix.gov/district2/contact-district-2

This is Not Spam - This message is sent on behalf of the City of Phoenix.
Please handle appropriately.





Page 443
David O Simmons

From: Janet Harding
Sent: Monday, July 12, 2021 12:49 PM
To: David O Simmons
Subject: Zoning



Hi David,

I live in the neighborhood behind the Harkins theaters at 34th Way & Bell Rd. Please do
not allow the zoning to be changed for a multi-family structure(s). This is not the place
for apartments.

Not only will our property values go down, it increases the potential for the crime rate to
go up in the area. It will also create a serious traffic problem for the people that live in
the neighbor hood. There are only 3 ways into our area now & 34th Way is the only
access off of Bell Rd. 238 units?! There will be only 2 options in & out of that property.
So add 238-400 additional cars to that corner & the traffic will become unimaginable!

We don't have a problem with other types of retail going there.

Please think this through. It is not a good corner for apartments!



Regards,

Janet Harding
Cell: 602-647-1210





Page 444
David O Simmons

From: Jean Rice
Sent: Sunday, July 11, 2021 5:54 PM
To: David O Simmons
Subject: Meeting Regarding Property at 33rd Way & E. Bell Rd.

Importance: High



Hello Mr. Simmons,

I would like to request the information for the Zoom meeting on Tuesday, 7/12 at 5:30pm regarding the
Harkins Theater property that has sold. It is my understanding that apartments are slated for that
property. Please send me the link or information to login so that I can listen to what is said at the meeting. I
live very close to the area and want to know what is happening at that location.

Thank you so much!

Sincerely,

Jean Rice
Jean Rice, RN, BS/BA
President
Healthcare Consultant, LLC | PO Box 30983 | Phoenix, AZ 85046-0983
| jeanrice3@outlook.com


This document may contain information covered under the Privacy Act, 5 USC 552(a), and/or the Health Insurance Portability and
Accountability Act (PL 104-191) and its various implementing regulat ions and must be protected in accordance with those provisions.
Healthcare information is personal and sensitive and must be treated accordingly. If this correspondence contains healthcare
information it is being provided to you after appropriate authorization from the patient or under circumstances that don't require
patient authorization. You, the recipient, are obligated to maintain it in a safe, secure and confidential manner. Re- disclosure without
additional patient consent or as permitted by law is prohibited. Unauthorized re-disclosure or failure to maintain confidentiality
subjects you to application of appropriate sanction. If you have received this correspondence in error, please notify the sender at
once and destroy any copies you have made.

Do not send private information, like protected health information under the Health Insurance Portability and Accountability Act, over
unencrypted e-mail. If you need to relate a person's identity and their medical information in e-mail, use an HIPAA approved
encrypted email.

Disclaimer: This is for information purposes only. By providing the information and/or articles attached to this email or educational
information contained herein, we are not diagnosing, treating, curing, mitigating, or preventing any type of disease or medical
condition. Before beginning any type of conventional, natural, or integrative treatment protocol or regimen, it is advisable to seek
the advice of a licensed healthcare professional.





Page 445
David O Simmons

From: Jeanene Gove
Sent: Thursday, July 8, 2021 12:10 AM
To: David O Simmons
Subject: Rezoning the northwest corner of 34th way and Bell Road


Dear David Simmons,

I have been a resident in Parque Vista Estates for 21 years, I am against rezoning that location to build a multi-family
apartment complex. The vast majority of the neighbors of course do not want additional construction, traffic, and
unnecessary apartment complex crammed into our neighborhood. We have limited access in and out of the
neighborhood, two of which do not have traffic lights. The traffic light at 34th way and Bell Road is one of the longest to
get out onto Bell Road especially during high traffic times such as morning and evening rush hours. The traffic would be
horrible with adding a 278 multi-family residential apartment to our neighborhood and having approximately 556 more
vehicles exiting the neighborhood on a daily basis. These apartments will only add to the existing traffic problems with
accidents, speeding and volume inside our development. One of my main concerns is not only traffic, but the possibility
of increased crime, noise, and congestion to our area, which all may lead to home values going down. Please
reconsider rezoning a commercial property to a residential.
Sincerely,
Jeanene Meadow-Gove





Page 446
David O Simmons

From: John Sandoval
Sent: Friday, July 16, 2021 12:41 PM
To: David O Simmons
Subject: Question for the APARTMENT APPLICATION # Z-38-21


I am inquiring about the re zoning request for 34 way and bell road, application #Z -28- 21,, it this actually going through?
We were not able to make any meeting as we just got back into town, this is a shocking development and after talking to
all our neighbors I know NO one in this community wants this, .. please call me if you can to further discuss,, @ 602-
432-8869 thank you





Page 447
David O Simmons

From: Kenneth J Kettner
Sent: Thursday, July 15, 2021 9:41 AM
To: David O Simmons
Subject: 34th street and Bell Road-Harkins rezoning


Mr. David Simmons

I am a resident in the Parque Vista Estates and I am writing to you about the current project review on the corner of
34th St. and Bell Road for the rezoning of the Harkins theater site.

Surely there is a better use for this property other than apartment complexes. We are surrounded by apartment
complexes that are half empty. We don’t need another one.

The traffic in this area is already ridiculous. There are accidents weekly between Route 51 and 32nd St. on Bell road. Add
an additional 500+vehicles in this area daily is just inviting chaos.

This type of expansion in this area is not called for. Please rethink your rezoning of this lot. Also look at the traffic
controls in the area and look at the accident reports from Phoenix PD.

Thank you

Kenneth J Kettner
17228 N 35th Street
Phoenix 85032





Page 448
David O Simmons

From: Lois Kloosterman
Sent: Wednesday, August 4, 2021 8:08 AM
To: David O Simmons
Subject: Proposed 278 Apt. Complex


Mr. Simmons,
I have been out of town and upon my arrival I see that there is a developer that wants to rezone the Harkins Theaters
located on the corner of 34th Way and Bell Rd so that he can put in 278 apartments.

I am strongly against this request! We do not need an additional 278 people with probably more vehicles than that,
moving into our neighborhood. It is already congested on 34th Way when people are leaving for work and returning
during the rush hour.

Also, I am not sure Phoenix ever got the memo, but we are in the midst of a 19 year drought and the LAST thing we need
is for some greedy developer to come in and build another apartment complex encouraging more people to MOVE here
requiring more water usage! PHOENIX NEEDS TO STOP DEVELOPING!!!

I know there are many people in this neighborhood that do not want to see all the additional traffic added to an already
heavy trafficked area.

Please reconsider allowing this rezoning to go through.

Sincerely,
Lois Kloosterman
3533 E. Anderson Dr.
Phoenix, AZ 85032



Lois Kloosterman
lolokloo77@aol.com





Page 449
David O Simmons

From: krisha koontz
Sent: Tuesday, June 29, 2021 9:16 AM
To: David O Simmons
Subject: Apartment complex at 34th st and Bell Rd


Good morning Mr. Simmons,
It is my understanding that the Harkins at Bell Rd and 34th street is being demolished and an apartment complex is
being built in its place. As a resident who lives one block north of Harkins, I am completely opposed to this. We already
have a problem with traffic congestion and crime surrounding this intersection. Building a 270 unit complex is absurd. It
will increase traffic congestion, increase crime, and drive the property values down in our neighborhood. Every neighbor
I have spoken to about this agrees. Please strongly consider input from the current residents of Parque Vista Estates
before you allow this construction to happen. Thank you.

Sincerely,
Krisha Stevens

Sent from Yahoo Mail on Android [go.onelink.me]





Page 450
David O Simmons

From: Laura Burdett
Sent: Monday, July 12, 2021 4:52 PM
To: David O Simmons; Laura Burdett
Subject: 34th Way & Bell Rd Development Project



Hello David:

I received notice that there is a developer who is wanting to purchase the Harkins
Theatre at 34th Way and Bell Rd to develop and apartment complex. I am VERY opposed
to this project!!!!!

There are only 3 roads in and out of the Subdivision Parque Vista Estates and only one
of the roads is off of Bell road which is 34 th Way. We already have issues with traffic in
that spot, so building an apartment complex in that spot is going to add to the
population living right there at the entrance of our subdivision which will cause a major
amount of traffic when trying to exit the subdivision.

I was very upset to hear about these plans. I’m also upset to hear that the Harkins
Theatre is going away. That was such an added feature to the area.

PLEASE do not pass this development plan! The thought of this happening has made me
think about selling my home and moving and I have lived here for 23 years!

Please listen to the residents of this subdivision. We do not want the apartment
complex. That location should stay zoned for Commercial not residential!!!

Thank you,
Sincerely,
Laura Burdett
Email: lburdett@q.com
Cell: 602-403-6211



Sent from Mail [go.microsoft.com] for Windows 10





Page 451
David O Simmons

From: Liz Holmes
Sent: Thursday, July 22, 2021 7:21 AM
To: David O Simmons
Subject: Rezoning Application Z-38-21


Hi David,

I live at 17217 N 34th St, Phoenix, AZ 85032 and will be directly affected with the rezoning and potential apartments for
the lot at the northwest corner of Bell and 34th Way. Here are my concerns:


 I am concerned about the additional traffic it will bring to the neighborhood.
o Currently people fly down 34th way - would the city be willing to put in speed bumps since more cars
will be in and around the area?
o There is no guest parking for the proposed apartment complex so we will see an increase of street
parking in the neighborhood. More so on my street as it backs up to the rear of the property and there
will be a pedestrian entrance there. So we will have more cars parked on our quiet street. What can we
do to get parking permits in the neighborhood so we don't have to worry about strangers parking and
walking our neighborhood to get to this complex at all hours of the day?
o I am concerned about the increase in people in the neighborhood and if families are moving in and kids
will be bored after school and wandering the neighborhood between Paradise Valley high and just get
into stupid trouble out of boredom.
o I am concerned about the proposed move of the bus stop, we do not need bus traffic in the
neighborhood and we already see homeless people sleeping on all the bus stops in the area including
the one in front of Harkins, we do not want that to come closer to our neighborhood.
o I know they say it will reduce traffic but the movie theater does not cause extra traffic for us - the
visitors to the building complex will cause more traffic and will be parking on our streets.

Please let me know if there are more meetings and what more we can do as a neighborhood to stop this.

Thanks,
Liz




--
Liz Holmes
Kappa Delta Sorority
Chapter Accounting Specialist - Division 12
Beta Psi Chapter of Kappa Delta - Arizona State University, CAB Operations
Beta Psi Chapter of Kappa Delta - Arizona State University, CAB Public Relations
(619) 708-2484





Page 452
David O Simmons

From: Marcy Martens
Sent: Monday, June 28, 2021 8:41 AM
To: David O Simmons
Subject: Planned development question


Good morning Mr. Simmons,
I received a notice stating the Harkins movie theater is planning on being replaced by a housing development. Will there
be plans to expand Bell Road and 32nd Street? It is a small area and 278 units for families will be a tremendous increase
to the volume of traffic on that already crowded area.

Thank you,
Marcy Martens, PhD.
Sent from my iPhone





Page 453
David O Simmons

From: Reena Kivlehen
Sent: Tuesday, July 13, 2021 6:15 PM
To: David O Simmons
Subject: Parque Estates apt re zoning questions


Hi David,

Hope you're doing well. We have serious concerns with the rezoning request for 34th way and Bell Road. Our top two
concerns are increased traffic going west on Bell Rd, making it difficult for residents to turn right into the neighborhood
on 34th way.

We are also very concerned with our neighborhood safety with apartments being built in front of us.

Unfortunately, we were unable to attend the virtual meeting tonight. Can you please let us know if these two issues
were addressed in the meeting? In addition if you could let us know how these two issues would be addressed by the
builders (or if not at all) we would appreciate it.

Thank you,

Mike and Reena Kivlehen





Page 454
David O Simmons

From: Merry Whitten
Sent: Monday, July 12, 2021 5:26 PM
To: David O Simmons
Subject: Rezoning application (Z-38-21) 34th Way and Bell Road.


Good afternoon David,
I am writing to you today to let you know that I am opposed to the rezoning of 34th Way and Bell Rd as a Multi family
use site. I'm sure you have received a lot of emails from us NIMBY's but in this case it is true. Our subdivision has
basically become land locked over the years. Especially when State Route 51 came through. We only have 3 exits out of
our community, only one exit at 34th Way has a traffic light. 34th Way is the main entrance and exit for our community.
There are numerous car accidents at 34th and Bell, 40th St and Bell and also in front of Fry's on Bell just West of were
they want to put an additional 278 units. We all know 34th way will become an overflow parking lot which is
dangerous for the many high schoolers who walk to and from school and summer jobs. We already pay one of the
highest rates for car insurance in the 85032 zip code.
Ingress and Egress is my main concern but I'm also concerned with Property values, Crime, Noise, Trash, Pests..we
already have an uncontrollable raccoon problem which is causing property damage.
I really feel bad for those poor people whos backyards (with pools) back up to the proposed site. Would you want an
apartment complex looking over your next BBQ/Pool party?
I have spoke with a few neighbors and they would not be opposed to a nice, SFR neighborhood.
This proposal would significantly impact our quality of life, please don't let this happen to us.
Thank you for your time,

Merry Whitten
Parque Vista Estates
602-881-4010 cell





Page 455
David O Simmons

From: norma tucker
Sent: Monday, July 12, 2021 1:17 PM
To: David O Simmons
Subject: re-zoning for 34th Way and Bell Road


re: 34th Way and Bell road re-zoning request:

We have lived in the Parque Vista estates for over 30 years and love our community here. Everyone in our subdivision
was happy to have a Harkins theater built nearby. It created jobs, entertainment and was good for our home values.

Building apartments here will create noise, more people, safety issues and a ridiculous amount of traffic! Many residents
in this subdivision use 34th way to access Bell Road. What a mess this will be with apartments here!

Apartments in this area will bring our home values down! We are extremely apposed to this re-zoning!



Thank you for your consideration in this matter.

Norma Tucker
Parque Vista long time resident





Page 456
David O Simmons

From: Pete
Sent: Sunday, July 11, 2021 7:54 AM
To: David O Simmons
Subject: Rezoning of Harkins 34th and Bell


I am appalled that someone decided it would be a good idea to demolish the Harkins movie theater at 34 th Way and
Bell and put up apartments. I have lived within sight of the theater on 34 th Street since before it was built, and I
vehemently oppose this project. The list of negative impacts on our neighborhood is long, but includes lowering of
property values, increased congestion on the already very congested Bell road, and a lowering of community standards.
I urge the denial of rezoning for this unbelievable project.
Sincerely,
Pete Wacker





Page 457
David O Simmons

From: Patrick Jones
Sent: Wednesday, July 7, 2021 11:12 AM
To: David O Simmons
Subject: Z-38-21 Harkins North 16.




High density apartments is a NO GO with me. This will drive down our property values and bring more of a
criminal element and attract even more homeless and panhandlers that we already have here. Not to mention
the increased traffic flow here, there are only 3 entrances and exits out of this neighborhood that would be a
even worse problem. I would like an invite to this Zoom zoning meeting please. Thank you. PJ Jones.
Sent from Mail [go.microsoft.com] for Windows 10





Page 458
David O Simmons

From: Genelle Totman
Sent: Wednesday, July 7, 2021 1:52 PM
To: David O Simmons
Subject: Rezoning Application Z-38-21




Mr. Simmons,
We are long term residents of Parque Vista Estates. We have lived In our home for 40 years and have enjoyed being a
part of this neighborhood. We are very concerned about the possible rezoning of the land on the northwest corner of
34th Place and Bell Road. The proposed apartment complex will undoubtedly bring undesirable issues and problems to
the home owners and residents of our neighborhood.
These are not limited to but include:
1. A major increase in traffic both on Bell Road and 34 th way. That intersection is already congested, especially
during morning and evening rush hours. During morning rush hour, the eastbound traffic backs up with people
trying to get on the 51 freeway and during school, traffic to Paradise Valley High School. During evening rush
hour, westbound traffic backs up at Bell road, blocking Bell Rd at 34 th way. These scenarios make it difficult for
residents of Parque Vista Estates to exit and enter. There is a traffic light at this intersection, however traffic still
blocks the intersection at times and red light running east and west bound is a constant threat. The addition of
more cars from a 278 unit complex utilizing the same entrances and exits is incomprehensible.
2. The increase in population density that comes from a large apartment complex can potentially affect
homeowners in Parque Vista Estates by increasing rates we pay for homeowners and car insurance, as well as
decreasing our property values.
3. The increase in population density will likely increase pedestrians along Bell Road with students walking to and
from Paradise Valley High School, increasing the potential for accidents.
We respectfully request that you acknowledge our concerns and advise us of any community meetings that are
scheduled regarding this proposed rezoning. Thank you.

Sincerely,
Robert and Genelle Totman





Page 459
David O Simmons

From: Robert Aragon
Sent: Wednesday, July 28, 2021 12:59 PM
To: David O Simmons
Subject: Harkens


My wife and I live on 35th Place, and we are totally against the refining of the Harkins location on Bell for 278
apartments. We believe it will bring more traffic to our area as well as the water consumption. A person drives all along
the north side of Phoenix and all you see are more apartments being built. Please deny the refining. If we need to sign
anything, let us know.
Sincerely
Robert Aragon

Robert Aragon
602-526-4142





Page 460
David O Simmons

From: GERRY WAYMIRE
Sent: Tuesday, July 13, 2021 1:18 PM
To: David O Simmons
Subject: Rezoning request for 34th Way and Bell Road



Dear Mr. Simmons:
I am writing to let you know that I hope the rezoning request does not pass. We feel that having 278
apartments in that area would greatly take away from the residents that are already occupying this
neighborhood. It is really great to have a movie theater in our neighborhood, and help bring in revenue to the
area. Thank you for your consideration to not pass the rezoning request.

Ronald and Gerry Waymire
3342 E. Anderson Drive
Phoenix, AZ 85032





Page 461
David O Simmons

From: Rose Abbott
Sent: Sunday, July 11, 2021 2:46 PM
To: David O Simmons
Subject: Re-zoning request for 34th way and bell road.


As a homeowner of Parque Vista Estates I strongly object to a 278 apartment complex. We have lived in our home for
over 40 years, we take pride in our neighborhood and feel the apartments would lead to decrease home value,
congestion more traffic than it can handle and of course increase crime. Please reconsider the re-zoning request and
leave our beautiful neighborhood to be enjoyed by the people who have cared for it over the many years. Thank you for
you time and consideration on this matter. Rose Abbott

Sent from my iPhone





Page 462
David O Simmons

From: blnpilot blnpilot
Sent: Monday, July 19, 2021 3:43 PM
To: David O Simmons
Subject: Rezoning for apartments near Bell Rd & SR51


Mr Simmons,

I understand that the site where Harkins theaters now sits (Bell Rd, west of SR 51) is being considered for rezoning for
apartments. I don’t object to apartments in general- I understand the need for them.

However, when you review this zoning case I will be looking for the following subjects to be addressed in the rezoning
report: The TOTAL number of apartments along Bell Rd from Tatum to I-17, from Grovers to Greenway. The last time I
looked, there were over 5,000 units and more have been built since I did that study (as Deer Valley Village Planner). This
large number of apartment units contributes to a more transient population. We need more owner occupied units,
where the property owner is more invested in the community. Please include police report information for the area, as
well. If these are not addressed beforehand in the written report, you can expect it to be brought up at the village
meeting.

Sally Heinrich





Page 463
David O Simmons

From: Shane Lillard
Sent: Tuesday, July 13, 2021 1:17 PM
To: David O Simmons
Subject: 34th and Bell Apartments


I live on E Monica Ave, Phoenix AZ 85032, and I Strongly oppose the apartments. Everyone I’ve talked to here does too.
We are so close to a high crime area, and we are constantly trying to keep them out. I think this will make it worse and
bring more crime here. The square is so close, and crime is so high, These apartments will just make us in the square. I
didn’t spend more than 120k in remodels, to have the neighborhood turn into a high crime getto and lose 100s of
thousands in home value. Apartments add a ton of people and crime. Another issue is traffic. Saying it will lower traffic
by 66% is unrealistic. It will make traffic worse on a already busy and dangerous corner. Bell is so busy, they will use 34th
street. Also more people and traffic through the neighborhood to come in the back way since bell and 34th street to
bell are already a zoo.
How many parking spaces are they going to have? Because people will be parked up and down 34th st. I’ve lived in
apartments and there are NEVER enough parking spots for the people that live there. I’m not sure who makes these
numbers up, but they definitely don’t live in the real world. People also often have more than one car, like a work
vehicle or motorcycle. Where will they park? Where will guest park? So what will they do with 2-3 bedroom units with
adult kids, or roommates and their vehicles? I get it, they want to put as many people in there to generate money, and
parking loses revenue, but that makes them money and hurts us. Please do not approve this.
I had many more concerns until I started writing this. Now I can’t remember when on the spot.
Shane Lillard
602-312-9011

Sent from my iPhone





Page 464
David O Simmons

From: shirley evans
Sent: Monday, July 12, 2021 11:44 AM
To: David O Simmons
Subject: Rezoning App Z-38-21



I am extremely concerned about the rezoning of the Harkin movie theater into a 278-apartment complex. This
will increase traffic which is already bad, crime and decrease my property value. I am adamantly opposed and
what to know what I can to do stop it.


Thank You,
Shirley Fisher





Page 465
David O Simmons

From: Cheryl Simmons
Sent: Friday, July 9, 2021 10:44 AM
To: David O Simmons
Subject: Re: Resining Application Z-38-21


Thank you for responding to my email.

I am concerned about the amount of traffic, crime, vandalism, noise, trespassing, insurance rates, property value, etc.

I have lived in my home for a LONG time and understand changes, but I am definitely against a large apartment complex
being built at the entrance of our street. If you could please put my concerns to the case file as well.

Thank you,
Cheryl Simmons

Sent from my iPhone

> On Jul 9, 2021, at 8:07 AM, David O Simmons wrote:
>
> Ms. Simmons,
>
> Thank you for reaching out to staff in regard to Rezoning Case No. Z-38-21-2 (companion case no. GPA-PV-2-21-2).
Your comments have been noted and added to the case file to be included as part of the public record. I have also cc'd
the applicant so they are aware of your concerns.
>
> Rezoning Case No. Z-38-21-2 has not been scheduled for public hearings. Hearing dates for recommendation will not
be scheduled until staff has had an opportunity to review the request, draft stipulations and a staff report outlining
staff's recommendation. Staff does not currently have a position on this case. The site will be posted with signage
reflecting all upcoming hearing dates when they become available.
>
> There will be ample opportunity for public participation. I encourage you to virtually attend all public hearings as we
move this case through the process. Public participation is a critical component of the entitlement process.
>
> The staff report will be available for review on the City's website:
> https://www.phoenix.gov/pdd/planning-zoning/pzservices/pzstaff-reports
>
> The cases are filed by case number (Z-38-21-2).
>
> Please let me know if you have additional comments or concerns. I would be happy to chat with you by phone, if you
wish.
>
> Respectfully,
>
> David Simmons, MA
> Paradise Valley & Deer Valley
> Village Planner *II
> 200 West Washington Street
> 3rd Floor


Page 466
> Phoenix, AZ 85003
> 602-262-4072
> david.simmons@phoenix.gov
>
>
> -----Original Message-----
> From: Cheryl Simmons
> Sent: Thursday, July 8, 2021 3:41 PM
> To: David O Simmons
> Subject: Resining Application Z-38-21
>
> Hello sir-
>
> I am concerned about the possibility of a large apartment complex being built on 34th Way and Bell Road.
>
> Can I email my concerns to you or do I have to mail a letter? I have asked for the link for the zoom meeting but have
not received it as of yet.
>
> Also, I would like to reserve a spot to speak, however I would like Bernadette Cook Settles to speak for me, if possible.
>
> Regards,
> Cheryl Simmons
>
> Sent from my iPhone





Page 467
David O Simmons

From: Owens, Stephanie A.
Sent: Monday, July 12, 2021 1:50 PM
To: David O Simmons
Subject: Re: Z-38-21


In regards to building the apartments on 34 th Way and Bell Road / Z-38-21. Please don’t. We don’t want or need any
more apartments in our area. The schools that are in that zone are already overcrowded. Plus we don’t need any more
traffic in that area, it’s already bad. It doesn’t matter how nice or how much lower the building height will be. Our city
is being overrun by crowded multifamily housing units and frankly are ruining the city. Thank you for your time reading
this.


Stephanie Owens


This message and any of the attached documents contain information from the law firm of Gallagher & Kennedy, P.A. that may be
confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information, and
no privilege has been waived by your inadvertent receipt. If you have received this transmission in error, please notify the sender by
reply e-mail and then delete this message. Thank you.





Page 468
David O Simmons

From: Tanner Watson
Sent: Monday, July 19, 2021 8:16 PM
To: David O Simmons
Subject: Harkins north valley 16


Mr Simmons,

I'm not too keen on the idea of an apartment complex being built right outside of my neighborhood. I'm sure I'm not the
only person. How can we stop this?


Thanks,

Tanner Watson






Page 469
David O Simmons

From: Katie Wilson
Sent: Thursday, July 8, 2021 1:05 PM
To: ben@witheymorris.com; David O Simmons
Subject: RE: Re-Zoning Request for 34th and Bell Road


We request an invite to your next virtual meeting regarding this development.

Sincerely,
Katie Wilson
3540 E Monica Ave,
Phoenix, AZ 85032





Page 470
Attachment C




Village Planning Committee Meeting Summary
Z-38-21-2

Date of VPC Meeting August 31, 2021
Request From PSC (Approved C-2) (Planned Shopping Center,
Approved Intermediate Commercial)
Request To R-3A (Multifamily Residence District)
Proposed Use Multifamily residential
Location Northwest corner of 34th Way and Bell Road
VPC Recommendation Approval, per the staff recommendation
VPC Vote 13-0 with committee members Bowman, Gerst,
Goodhue, Maggiore, Mazza, Petersen, Popovic,
Severs, Sparks, Ward, Wise, Gubser and Lesher in
favor.

VPC DISCUSSION:

1 speaker card was submitted in opposition, wishing to speak
3 speaker cards were submitted in favor, wishing to speak
Mr. David Simmons, staff, provided an overview of the request to include
background of how the area developed overtime. He went over the GPA and
Rezoning requests concurrently as they are companion cases and reminded the
Committee that the GPA case will require a motion prior to the rezoning request.
Mr. Simmons shared how the GPA request is consistent with several core values
of the General Plan. He explained that the rezoning request supports several
policy plans to include the North 32nd Street Policy Plan, Comprehensive Bicycle
Master plan, Tree and Shade Master Plan, Complete Streets Guiding Principles
as well as helps to meet the goals of The Housing Phoenix Plan. Mr. Simmons
also shared the reasoning behind several of the proposed stipulations for the
case.

Mr. Alex Popovic shared with the committee that his firm utilizes the same
attorney as the applicant but checked with staff and does not have a conflict of
interest. He asked staff to add this to the minutes for the record.

Mr. Ben Tate, Withey Morris, PLC, representing the applicant, went over the
request in great detail. He stated that the existing Harkins theater is closing and
as a result, the property is selling. He shared that the product consists of three-
story walk up building with two story carriage houses on the northern edge
closest to existing single-family residential uses. He shared that the lower

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 471
buildings and open space are placed along the north perimeter adjacent to
nearest homes.
The pool/amenity area is screened by residence buildings away from the existing
neighborhood. Further, large, mature trees will be maintained and supplemented
along the property line to screen buildings and provide additional buffering. Mr.
Tate shared other developments the Wolf Company has completed and provided
background on the company’s business model. Mr. Tate shared the results of the
traffic analysis, which revealed traffic volumes will be lower with a residential
product type on the site as commercial uses generate higher volumes of traffic.
He addressed several other community concerns including property values,
security, and neighborhood safety. Further, he shared outreach efforts to date,
which went above and beyond what is required in the rezoning process packet.

VPC Discussion:

Mr. Paul Severs asked if short term rentals would be allowed or if this proposal
was only for long term leases.

Mr. Ben Tate shared that the minimum lease term will be 1 year.

Vicechair Joe Lesher asked about traffic trips per day and if there is access
from the site directly into Fry’s grocery store to the west.

Mr. Tate shared that there is direct access to Fry’s from the site, which will
reduce trips out of the ingress/egress points on 34th Way and Bell Road.

Public Comment:

Ms. Janet Harding shared concerns about traffic. She asked if the applicant
could consider adding speed humps to the street adjacent to 34th way as well as
overflow traffic may utilize other neighborhood streets to avoid speed humps on
34th Way.

Mr. Ben Tate stated that he will study extra speed humps. He also went over the
signature requirements the City of Phoenix has in place that citizens can utilize to
petition for speed humps.

Ms. Harding asked the applicant what the parking ratio is.

Mr. Tate explained what is proposed and stated that this proposal has more
parking than what is required.

Mr. Nicholas Voss shared that he patrolled the Harkins site as part of the block
watch. He shared that there is a transient issue on this site and by redeveloping
this issue could be remediated. He is very supportive of the project.

Mr. Blake Marshall stated that this may not be the right development for the
area. He shared concerns about a mix of housing options for all income levels.
More of the same high cost housing won't help make it affordable. The attorney
with Withey Morris, Benjamin Tate, didn't claim that would be the outcome. Just
that there would be more.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 472
Mr. Tate stated that the proposal does meet the goals of the Housing Phoenix
Plan.

VPC Response to Public Comment:

Mr. Abram Bowman stated that he has concerns with the proximity and access
to the freeway.

Mr. Tate shared that traffic patterns are not being altered. The same curb cuts
will be utilized as ingress/egress points.

Chairman Robert Gubser Stated that Harkins has moved on. Something will be
redeveloped on this site and this proposal provides diversified housing for the
area.

MOTION:
Mr. Alex Popovic made a motion to recommend approval of Rezoning Case No.
Z-38-21-2, per the staff recommendation.
Mr. Abram Bowman seconded the motion.
VOTE:
13-0 with committee members Bowman, Gerst, Goodhue, Maggiore, Mazza,
Petersen, Popovic, Severs, Sparks, Ward, Wise, Gubser and Lesher in favor.

Staff Comments:

None




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 473
Attachment D


REPORT OF PLANNING COMMISSION ACTION
September 2, 2021

ITEM NO: 10
DISTRICT NO.: 2
SUBJECT:

Application #: Z-38-21-2 (Companion Case GPA-PV-2-21-2)
Location: Northwest corner of 34th Way and Bell Road
From: PSC (Approved C-2)
To: R-3A
Acreage: 12.92
Proposal: Multifamily residential
Applicant: Chase Courchaine
Owner: Harkins Phoenix Cinemas
Representative: Benjamin Tate, Withey Morris, PLC

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Paradise Valley 8/31/2021 Approval, per the staff recommendation. Vote: 13-0.

Planning Commission Recommendation: Approval, per the Paradise Valley Village Planning
Committee recommendation, with additional stipulations.

Motion Discussion: N/A

Motion details: Commissioner Busching made a MOTION to approve Z-38-21-2, per the
Paradise Valley Village Planning Committee recommendation, with the additional stipulation as
read into the record and add a stipulation that states, “A pedestrian connection shall be provided
between the site and the commercial property to the west of the site, as approved by the
Planning and Development Department.”

Maker: Busching
Second: Johnson
Vote: 9-0
Absent: None
Opposition Present: Yes

Findings:

1. As stipulated, the proposal will be compatible with existing nearby uses and consistent
with the North 32nd Street Policy Plan, Comprehensive Bicycle Master Plan, Tree and
Shade Master Plan and the Complete Streets Guiding Principles.

2. The proposal will redevelop a property and provide a high-quality multifamily
development which is consistent with the North 32nd Street Policy Plan designation of
Repurpose/Retrofit for the site.



Page 474
3. The proposal provides a new housing option to contribute to the mix of housing types
in the area and will help alleviate the housing shortage in Phoenix.

Stipulations:

1. The development shall be in general conformance with the site plan date stamped
August 11, 2021, as modified by the following stipulations and approved by the
Planning and Development Department.

2. The development shall be in general conformance with the elevations date stamped
June 14, 2021, as modified by the following stipulations and approved by the Planning
and Development Department.

a. All building elevations shall contain three of the following architectural
embellishments and detailing: textural changes, pilasters, offsets, recesses,
variation in window size or location, overhang canopies, or similar features.

b. Decorative garage treatments, including but not limited to, windows, raised or
recessed panels, architectural trim, and single garage doors.

3. The development shall be limited to a maximum of 278 dwelling units.

4. Enhanced landscaped entries shall be provided at the entryways into the development
off of Bell Road and 34th Way with a minimum 300 square feet of landscaped area on
each side of the entrances. The landscaped entries shall be planted and maintained
with a variety of at least three different plant materials, as approved by the Planning
and Development Department.

5. There shall be a minimum of four private open space amenity areas, three of which
shall be centrally located. A minimum of 10 percent of the site area shall be preserved
as open space, exclusive of landscape setbacks. Each area shall provide, at a
minimum, one of the following active amenity elements or other similar elements, as
approved by the Planning and Development Department:

a. Swimming Pool

b. Pickleball court or another active recreational amenity

c. Pavilion or Ramada

d. Dog park

6. Where pedestrian pathways cross drive aisles, the pathway shall be constructed of
decorative pavers, stamped or colored concrete, or another material, other than those
used to pave parking surfaces and drive aisles, as approved by the Planning and
Development Department.

7. A minimum 5-foot-wide detached sidewalk shall be provided along Bell Road with a
minimum 10-foot-wide landscape area located between the sidewalk and back of curb




Page 475
and planted to the following standards, as approved by the Planning and Development
Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or equivalent groupings to provide a minimum of
75% shade on the adjacent sidewalk.

b. Drought tolerant shrubs and vegetative groundcovers maintained no higher
than 24 inches to provide a minimum of 75% live coverage at maturity.

c. A minimum 10-foot-wide public sidewalk easement along the northern side of
Bell Road shall be dedicated.

Where utility or mature tree conflicts exist, the developer shall work with the Planning
and Development Department and the Street Transportation Department on potential
alternative design solutions consistent with a pedestrian environment.

8. A minimum 5-foot-wide detached sidewalk shall be provided along 34th Way with a
minimum 5-foot-wide landscape area located between the sidewalk and back of curb
and planted to the following standards, as approved by the Planning and Development
Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 20 feet on center or equivalent groupings to provide a minimum of
75 percent shade on adjacent sidewalks.

b. Drought tolerant shrubs and vegetative groundcovers maintained no higher
than 24 inches to provide a minimum of 75 percent live coverage at maturity.

Where utility or mature tree conflicts exist, the developer shall work with the Planning
and Development Department and the Street Transportation Department on potential
alternative design solutions consistent with a pedestrian environment.

9. The developer shall provide a minimum 5-foot-wide detached sidewalk along Danbury
Road with a minimum 5-foo- wide landscape area located between the back of curb
and sidewalk, as approved by the Planning and Development Department.

10. A minimum 25 percent of the surface parking lot areas must be shaded by minimum 2-
inch caliper, large canopy single trunk shade trees, located within minimum 5-foot-
wide landscape areas, as approved by the Planning and Development Department.

11. The applicant shall incorporate bicycle infrastructure as described below and as
approved by the Planning and Development Department.

a. A bicycle repair station (“fix it station”) shall be provided on the site. The station
shall include standard repair tools affixed to the station; a tire gauge and pump;
and a bicycle repair stand which allows pedals and wheels to spin freely while
making adjustments to the bike.

b. Resident bicycle parking shall be provided at a rate of 0.25 spaces per dwelling
unit, up to a maximum of 50 spaces. These spaces may be provided through a




Page 476
combination of “Secure/Covered Facilities” and “Outdoor/Covered Facilities” as
defined in Appendix K or the Comprehensive Bicycle Master Plan.
“Outdoor/Covered Facilities” shall comprise no more than 60 percent of
required resident bicycle parking.

c. Guest bicycle parking shall be provided. Artistic style racks or
“Outdoor/Covered Facilities” for guests shall be located near building entrances
and the amenity areas and installed per the requirements of Section 1307.H of
the Zoning Ordinance. All racks shall be adherence to the City of Phoenix
Preferred Designs in Appendix K or the Comprehensive Bicycle Master Plan.

12. The Public Transit Department shall require retention of right-of-way and one bus stop
pad along westbound Bell Road west of 34th Way. Should the bus stop require
demolition and/or replacement, the bus stop pad shall be constructed according to City
of Phoenix Standard Detail P1260 with a minimum depth of 10 feet and spaced from
the intersection as per City of Phoenix Standard Detail P1258, as approved by the
Public Transit Department.

13. Clearly defined, accessible pedestrian pathways shall be provided to connect building
entrances, bus stop pads, and public sidewalks, using the most direct route for
pedestrians, as approved by the Planning and Development Department.

14. The developer shall construct all streets within and adjacent to the development 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.

15. 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.

16. 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.

17. 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.

18. A PEDESTRIAN CONNECTION SHALL BE PROVIDED BETWEEN THE SITE AND
THE COMMERCIAL PROPERTY TO THE WEST OF THE SITE, AS APPROVED BY
THE PLANNING AND DEVELOPMENT DEPARTMENT.

19. 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.

This publication can be made available in alternate format upon request. Please contact
Angie Holdsworth at (602) 495-5622, TTY use 7-1-1.
Page 477
Attachment E


David Simmons
Paradise Valley Village Planner
Planning & Development Department
200 West Washington Street
Phoenix, AZ 85003

Re: Wolff 34th & Bell – Z-38-21/GPA-PV-2-21

I am a longtime resident of Parque Vista Estates, the neighborhood north of the proposed project,
and I am in support of The Wolff Company’s proposed rezoning and General Plan amendment
for the northwest corner of 34th Way and Bell Road. Initially I had many concerns about the
project, but after several neighborhood meetings and conversations with the applicant I am
satisfied that this will be a great development for the community.

The applicant hosted several neighborhood meetings, presented the proposed plans, answered
all our questions, and provided lots of information to address each our concerns. I also spoke to
a representative of the development team individually on several occasions to discuss my
concerns. As one of the original homeowners in this community, change can be scary. However,
the applicant’s thorough and sincere efforts with our neighborhood have put my mind at ease.

The Wolff Company’s proposed luxury multi-family project is a high-quality, well-designed
residential community and it will be a great addition to this area. I encourage the City Council to
approve it.


Sincerely,


Cheryl Simmons




Page 478
David O Simmons

From: Benjamin Tate
Sent: Monday, August 30, 2021 11:49 AM
To: David O Simmons; Samantha Keating
Subject: FW: Virtual Neighborhood Meeting - Project Update - Wolff 34th & Bell (Z-38-21/GPA-
PV-2-21)


David/Samantha,

I was given permission from this resident to share her comments with staff. See below.

Benjamin L. Tate
Withey Morris, PLC
Direct: 602-346-4610

From: Phyllis Thomas
Sent: Wednesday, August 25, 2021 10:16 AM
To: Benjamin Tate
Subject: Re: Virtual Neighborhood Meeting - Project Update - Wolff 34th & Bell (Z-38-21/GPA-PV-2-21)

Very positive. At first most of my neighbors and I had so many questions, and the unknown can be fearful.

However, you put all our doubts aside. Your details of how little traffic there will eventually be for an apartment complex
compared with commercial was astounding. A side note, though, is a thought I myself had regarding the way the world
has changed and so many people now have deliveries made to their homes of food and items for their homes. So,
perhaps Wolff can investigate the amount of deliveries at their apartments made each day. So the traffic of the residents
coming and going may be minimal, but deliveries made to them could be significant.

Anyway, the plans for the apartments looks amazing and I see no problem. Another thought to Wolff: be sure, if there are
no garages with the apartments, that the parking is covered parking. This Arizona sun is not kind to cars left all day in the
sun.

Thanks again for all your info....Phyllis

On Wednesday, August 25, 2021, 09:40:49 AM MST, Benjamin Tate wrote:



Thank you Phyllis. If you don’t mind me asking, what are you general thoughts on the project? Supportive? Opposed?
Neutral?




Benjamin L. Tate

Withey Morris, PLC

Direct: 602-346-4610





Page 479
From: Phyllis Thomas
Sent: Tuesday, August 24, 2021 12:19 PM
To: Benjamin Tate
Subject: Re: Virtual Neighborhood Meeting - Project Update - Wolff 34th & Bell (Z-38-21/GPA-PV-2-21)




Thanks for letting me know about the 8/30 meeting, but I will be unavailable next week. However, please email me any
future virtual meetings. Thanks for all you do....Phyllis




On Monday, August 23, 2021, 10:43:54 PM MST, Benjamin Tate wrote:




All,




Good evening – I hope everyone is doing well. This email is simply to follow up on the virtual neighborhood meeting we
held on August 9th. Since then, we’ve been working on getting answers and gathering additional information on the
questions some of you asked during the meeting. With that in mind, we’ll be hosting a brief virtual meeting next Monday,
August 30th at 5:30pm to give you an update and provide some additional info on the project.




If you’d like to participate, please shoot me an email so I can add you to the invite list.




Thank you!




Benjamin L. Tate

Withey Morris, PLC

2525 E. Arizona Biltmore Circle, Ste A-212

Phoenix, AZ 85016

602-230-0600





Page 480
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Report

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Item text
Public Hearing and Resolution Adoption - General Plan Amendment GPA-LV-1-21
-7 - Southwest Corner of 63rd Avenue and the South Mountain Avenue Alignment
(Resolution 21966)

Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
Resolution if approved. The file is a companion case to Z-1-21-7 and should be heard
first, followed by Z-1-21-7.

Summary
Current Plan Designation: 180.24 acres of Residential 3.5 to 5 dwelling units per acre,
24.95 acres of Residential 5 to 10 dwelling units per acre, and 44.99 acres of Mixed
Use Parks / Open Space / 3.5 to 5 dwelling units per acre
Proposed Plan Designation: Mixed Use (Industrial / Commerce/Business Park)
Acreage: 250.18 acres
Proposed Use: Commerce park and light industrial development

Owner: Williams Family Living 1996 Trust
Applicant/Representative: Adam Baugh, Withey Morris, PLC

Staff Recommendation: Approval.
VPC Action: The Laveen Village Planning Committee heard the case on Aug. 9, 2021
and recommended approval, per the staff recommendation, by a vote of 11-0.
PC Action: The Planning Commission heard the case on September 2, 2021 and
recommended approval, per the Laveen Village Planning Committee recommendation,
by a vote of 9-0.

Location
Southwest corner of 63rd Avenue and the South Mountain Avenue alignment
Council District: 7
Parcel Addresses: 6710 W. Dobbins Road

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.


Page 484
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION




RESOLUTION _____

A RESOLUTION ADOPTING AN AMENDMENT TO THE
2015 GENERAL PLAN FOR PHOENIX, APPLICATION
GPA-LV-1-21-7, CHANGING THE LAND USE
CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN.
____________


BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The 2015 Phoenix General Plan which was adopted by

Resolution No. 21307, is hereby amended by adopting GPA-LV-1-21-7, 250.18 acres

located at the southwest corner of 63rd Avenue and the South Mountain Avenue

alignment, for 250.18 acres of Mixed Use (Industrial / Commerce/Business Park), as

approved by the City Council on October 6, 2021 and that the Planning and

Development Director is instructed to modify The 2015 Phoenix General Plan to reflect

this land use classification change as shown below:




Page 485
PASSED by the Council of the City of Phoenix this 6th day of October,

2021.


________________________________
MAYOR
ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:

________________________
Ed Zuercher City Manager


Page 486
Attachment B




GENERAL PLAN AMENDMENT
STAFF ANALYSIS
July 27, 2021

Application: GPA-LV-1-21-7

Owner: Williams Family Living 1996 Trust

Applicant/Representative: Adam Baugh, Withey Morris, PLC


Location: Southwest corner of 63rd Avenue and the South
Mountain Avenue alignment

Acreage: 250.18 acres

Current Plan Designation: Residential 3.5 to 5 dwelling units per acre (180.24
acres), Residential 5 to10 dwelling units per acre
(24.95 acres), Mixed Use Parks / Open Space /
Residential 3.5 to 5 dwelling units per acre (44.99
acres)

Requested Plan Designation: Mixed Use (Industrial / Commerce / Business Park)
(250.18 acres)

Reason for Requested Change: Amend the General Plan Land Use Map to allow for
a development with commerce park and light
industrial land uses.

Village Planning Committee Date: Laveen – August 9, 2021

Staff Recommendation: Approval


FINDINGS:

1) The companion rezoning case (Z-1-21-7) proposes 250.18 acres of Planned Unit
Development at the southwest corner of 63rd Avenue and the South Mountain
Avenue alignment to allow an industrial and technology business park that will
allow warehouse and office uses.




Page 487
Staff Analysis
GPA-LV-1-21-7

2) The proposal for Mixed Use (Industrial / Commerce / Business Park) is
appropriate given the site’s location in close proximity to the Loop 202 freeway.

3) The proposed land use designation will help further the City of Phoenix’s goal of
creating a high technology employment corridor along the Loop 202 freeway and
will bring employment uses to the Laveen Village.

BACKGROUND

The subject site is located at the southwest corner of 63rd Avenue and the South
Mountain Avenue alignment. The site currently is being used for agricultural operations.




Source: City of Phoenix Planning and Development Department


The General Plan Amendment will allow for a commerce park and industrial
development. There is a companion rezoning request, Rezoning Case No. Z-1-21-7,
which proposes a Planned Unit Development (PUD) to allow a mix of land uses,
including commerce and business park, offices, light manufacturing, warehousing, and
recreational assembly uses. The proposed PUD development narrative includes
development, landscaping, and design standards that exceed Zoning Ordinance
requirements and will help provide appropriate transitions to adjacent developments on
surrounding communities.




Page 488
Staff Analysis
GPA-LV-1-21-7



The site is located in close proximity to the Loop 202 freeway, which was completed in
2020. The City of Phoenix Community and Economic Development Department
launched an initiative to market this segment of the freeway as a high technology
employment corridor. This area is quickly emerging as an ideal location for high tech
manufacturing and other advanced industries. Large land parcels with freeway frontage,
robust infrastructure, and mountain views provide ideal opportunities for corporate
campuses, Class “A” office settings and light industrial parks. The proposal is consistent
with this vision and will help attract a variety of manufacturers and businesses to the
area.

SURROUNDING LAND USES

The current General Plan Land Use Map Designations for the site are Residential 3.5 to
5 dwelling units per acre, Residential 5 to 10 dwelling units per acre, and Mixed Use
(Parks / Open Space / Residential 3.5 to 5 dwelling units per acre).




Source: City of Phoenix Planning and Development Department




Page 489
Staff Analysis
GPA-LV-1-21-7

NORTH
North of the northern boundary of the subject site is land currently under construction for
single-family homes. This area is designated Residential 3.5 to 5 dwelling units per
acre, Residential 5 to 10 dwelling units per acre, and Mixed Use (Parks / Open Space /
Residential 3.5 to 5 dwelling units per acre).

SOUTH
Active farm uses extend south of the southernmost boundary of the subject site, which
are designated Residential 3.5 to 5 dwelling units per acre.

EAST
To the east of the project site, south of Dobbins Road, are active farms that are
designated Residential 3.5 to 5 dwelling units per acre, Residential 5 to 10 dwelling
units per acre, and Mixed Use (Parks / Open Space / 3.5 to 5 dwelling units per acre).
North of Dobbins Road, east of the site, is vacant land and an active dairy farm that has
General Plan Land Use Map designations of Commercial and Mixed Use (Commercial /
Commerce Park). Also to the east of the site is the Laveen Village Core, which is
intended to be the clearly discernible town center and should consist of a mix of medium
to high intensity uses. Further, entitlements for Commercial or Commerce Park zoning
have been established along both sides of the Loop 202 freeway corridor to facilitate the
creation of a high technology employment corridor once the freeway was completed.

WEST
West of the site, north of Dobbins Road, is vacant land that is under construction for
single-family homes. This land has General Plan Land Use Map designations of
Residential 3.5 to 5 dwelling units per acre, Residential 5 to 10 dwelling units per acre,
and Residential 10 to 15 dwelling units per acre. South of Dobbins Road, the land to the
west of the site is outside of the City of Phoenix jurisdictional boundaries and falls within
the Gila River Indian Community. This area consists of vacant land previously used for
agriculture and does not have a City of Phoenix General Plan Land Use Map
designation.

RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES

STRENGTHEN OUR LOCAL ECONOMY CORE VALUE

• EMPLOYERS (JOB CREATION); LAND USE PRINCIPLE: Support General
Plan Land Use Map and zoning changes that will facilitate the location of
employment generating uses in each of the designated employment
centers.

The proposed land use map designation will provide a framework for land use
entitlements intended to attract a variety of employers to the Laveen area. The
designated the Loop 202 freeway as a high technology employment corridor, and
this change in land use will help further the goal of bringing high technology




Page 490
Staff Analysis
GPA-LV-1-21-7

manufacturing companies to this area.

CONNECT PEOPLE AND PLACES CORE VALUE

• CORES, CENTERS & CORRIDORS; LAND USE PRINCIPLE: Locate land
uses with the greatest height and most intense uses within village cores,
centers and corridors based on village character, land use needs, and
transportation system capacity.

The proposed change in land use map designation is appropriate given the site’s
location in close proximity to the Loop 202 freeway and on both the north and
south side of Dobbins Road, which is an arterial street. The property is also
directly adjacent to the Laveen Village Core to the east.

• CORES, CENTERS & CORRDIROS; LAND USE PRINCIPLE: Plan cores,
centers and corridors to include a variety of land uses: office, retail
shopping, entertainment and cultural, housing, hotel and resort, and where
appropriate, some types of industry.

The proposed land use map designation will provide opportunities for new office,
commerce and business park, and light industrial development to take place
along Dobbins Road. This will add employment opportunities for Laveen
residents to live, work, and play in their community, as well as contribute to the
mix of land uses presented around the Village Core and the Loop 202 freeway.

CONCLUSION AND RECOMMENDATION

Staff recommends approval of GPA-LV-1-21-7. The approval of this request will update
the General Plan Land Use Map designation to allow for commerce park, business park,
and light industrial uses, which will attract employers to the Laveen area and further the
city’s goal of creating a high technology employment corridor along the Loop 202
freeway. The proposal is appropriate due to the site’s location along an arterial street
and its close proximity to the freeway, which will help serve the site.

Writer
Sofia Mastikhina
July 27, 2021

Team Leader
Samantha Keating

Exhibits
Sketch Map




Page 491
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-LV-1-21-7 ACRES: 250.18 +/-
VILLAGE: Laveen COUNCIL DISTRICT: 7
APPLICANT: City of Phoenix Planning and Development Department
EXISTING:
Residential 3.5 to 5 ( 180.24 +/- Acres)
Residential 5-10 ( 24.95 +/- Acres)
Mixed Use Parks / Open Space / 3.5 -5 du/ac ( 44.99 +/- Acres) BASELINE RD
Proposed Change Area




59TH DR
Mixed Use Park-Open Space / (15+ du/ac )
Mixed Use Parks / Open Space / 3.5 to 5 du/ac
Mixed Use Parks / Open Space / 5 to 10 du/ac
Mixed Use
Mixed Use (Commercial / Commerce Park)
Parks/Open Space - Privately Owned

w
v
Parks/Open Space - Publicly Owned
Public/Quasi-Public
Commercial
Residential 15+ du/ac
Residential 10 to 15 du/ac
Residential 5 to 10 du/ac
Residential 3.5 to 5 du/ac
Residential 2 to 3.5 du/ac
Residential 1 to 2 du/ac
Residential 0 to 1 du/ac


PROPOSED CHANGE (as Recommended by Staff):

Mixed Use (Industrial / Commerce / Business Park)
( 250.18 +/- Acres)
BASELINE RD



59TH DR
Proposed Change Area
Mixed Use (Industrial / Commerce/Business Park)




w
v



Page 492
Attachment C




Village Planning Committee Meeting Summary
GPA-LV-1-21-7


Date of VPC Meeting August 9, 2021
Request From Residential 3.5 to 5 du/ac (180.24 acres)
Residential 5 to 10 du/ac (24.95 acres)
Mixed Use (Parks / Open Space / Residential 3.5 to 5
du/ac)
Request To Mixed Use (Industrial/Commerce Park/Business Park)
(250.18 acres)
Proposed Use A minor general plan amendment to allow commerce
park and light industrial development
Location Southwest corner of 63rd Avenue and the South
Mountain Avenue alignment
VPC Recommendation Approval per staff recommendation
VPC Vote 11-0


VPC DISCUSSION & RECOMMENDED STIPULATIONS:

This agenda item was heard concurrently with Item No. 5 (Z-1-21-7 – Dobbins Industrial
and Tech Park PUD)

Sofia Mastikhina, staff, provided an overview of the companion cases, GPA-LV-1-21-7
and Z-1-21-7 (Dobbins Industrial and Tech Park PUD), including the site area, location,
existing and surrounding conditions, and relationship to the Loop 202 freeway. She
noted that the proposal will help further the Community and Economic Development
Department’s goal of creating a high technology employment corridor along this freeway
by providing a land use framework for office and manufacturing uses. She outlined the
main development, landscape, and design standards, as well as the permitted land
uses, noting staff-recommended restrictions on distribution uses. She presented staff’s
findings and recommendations for approval of the General Plan Amendment request
and approval of the Rezoning request, subject to stipulations, which she then listed.

Adam Baugh, representative with Withey Morris PLC, provided an overview of the
proposal, noting that, although the site is just outside the target area for a high
employment technology corridor, this project can be the impetus to achieving this city
and community vision. He stated that this proposal will remove entitlements for
approximately 1,200 to 1,500 residential units and will help attract major employment
generators to the area. He highlighted the major changes made to the PUD as a result
of continued collaboration with community members, the committee, and staff. These
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 493
include a reduction in permitted uses, tremendous landscaping requirements, extensive
design standards, pedestrian and bicycle standards, and incorporation of design
features as set forth in the 2003 Dobbins Road Design Concept Report. He presented
additional proposed development standards to address concerns voiced by the
residential developer to the west of the site, which include increased building setback
and landscape standards and enhancements along 67th Avenue, new building and
architecture requirements, primary access from 65th Avenue, limitations to service bay
access and outdoor storage.

Vice Chair Linda Abegg stated that she had reservations about this project at its onset
but, through working with the applicant, staff, the community, and the council office, she
is happy with the outcome and would like to make a motion to approve.

Chair Tonya Glass thanked the applicant for all the hard work they put into discussing
this project with the various stakeholders, for adapting the development standards to
accommodate the Dobbins scenic corridor, for listening to the community’s concerns,
and going above and beyond to provide a proposal that will benefit the community.

Robert Branscomb expressed the same sentiments and his excitement for the new
employment opportunities in Laveen that will result from this project.

PUBLIC COMMENT
Carolyn Oberholtzer, representative for Pulte Homes, which is being developed to the
west of the project site, expressed appreciation for the appropriate transitions provided
in the proposal, and the high standards along Dobbins Road, which Pulte was also held
to. She outlined the additional standards that the applicant has agreed to incorporate to
help further mitigate impact to the residential development to the west, and asked that
the committee include these as stipulations in their motion.

Phil Hertel thanked the applicant for working extensively with the community on this
project, praising the fact that it will remove 1,200 approved residential units from the
area and replace them with job-generating uses, which will be a great asset to the
community.

Dan Penton thanked the applicant for working with and listening to the community and
coming back with a project that addresses all of the concerns voiced over the course of
the process.

MOTION
Vice Chair Abegg made motion to approve the request per the staff recommendation.
Jennifer Rouse seconded the motion.

VOTE
11-0: Motion passes with committee members Glass, Abegg, Branscomb, Estela,
Flunoy, Harlin, Hurd, Knight, Ortega, Rouse, and Rowe in favor.

STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:
None.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 494
Attachment D


REPORT OF PLANNING COMMISSION ACTION
September 2, 2021

ITEM NO: 7
DISTRICT NO.: 7
SUBJECT:

Application #: GPA-LV-1-21-7 (Companion Case Z-1-21-7)
Location: Southwest corner of 63rd Avenue and the South Mountain Avenue
alignment
From: Residential 3.5 to 5 dwelling units per acre, Residential 5 to 10 dwelling
units per acre, Mixed Use (Parks/Open Space/Residential 3.5 to 5 dwelling
units per acre)
To: Mixed Use (Industrial/Commerce Park/Business Park)
Acreage: 250.18
Proposal: A minor general plan amendment to allow commerce park and light
industrial development
Applicant: Adam Baugh, Withey Morris, PLC
Owner: Williams Family Living 1996 Trust
Representative: Adam Baugh, Withey Morris, PLC

ACTIONS:

Staff Recommendation: Approval.

Village Planning Committee (VPC) Recommendation:
Laveen 3/15/2021 Information Only.
Laveen 6/14/2021 Information Only.
Laveen 8/9/2021 Approval, per the staff recommendation. Vote: 11-0.

Planning Commission Recommendation: Approval, per the Laveen Village Planning Committee
recommendation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve GPA-LV-1-21-7, per the
Laveen Village Planning Committee recommendation.

Maker: Howard
Second: Perez
Vote: 9-0
Absent: None
Opposition Present: No

Findings:

1. The companion rezoning case (Z-1-21-7) proposes 250.18 acres of Planned Unit
Development at the southwest corner of 63rd Avenue and the South Mountain Avenue
alignment to allow an industrial and technology business park that will allow warehouse
and office uses.



Page 495
2. The proposal for Mixed Use (Industrial / Commerce / Business Park) is appropriate given
the site’s location in close proximity to the Loop 202 freeway.

3. The proposed land use designation will help further the City of Phoenix’s goal of creating
a high technology employment corridor along the Loop 202 freeway and will bring
employment uses to the Laveen Village.

This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 495-5622, TTY use 7-1-1.




Page 496
Attachment E
Racelle Escolar

From: KIM Domovich
Sent: Sunday, August 29, 2021 4:12 PM
To: PDD Planning Commission
Subject: agenda items 5,6,7,8 and 11



For your consideration,
We are opposed to the increased residential changes in items on the agenda, 5,6,7,8 and 11, requesting
zoning changes. In the Laveen and Estrella village areas we do not have the infrastructure to support the
existing residents. The incredible amount of people that would be expected to support the many units planned
by developers would completely stagger our schools, streets, emergency and safety officers, etc. We beg
some consideration and no approvals be made until a plan to support the influx of people is studied and made
operational.

Thank you,
Kim and Michael Domovich
Laveen, 85339




Page1 497



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
***REVISED ITEM (SEE ATTACHED MEMO)*** Public Hearing and Ordinance
Adoption - Amend City Code - Rezoning Application Z-1-21-7 (Dobbins Industrial
and Tech Park PUD) - Southwest Corner of 63rd Avenue and the South Mountain
Avenue Alignment (Ordinance G-6905)

Request to hold a public hearing on a proposal to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-1-21-7 and rezone the site from 229.68 acres of S-1 (Approved R1-8
PCD) (Ranch or Farm Residence District, Approved Single-Family Residence District,
Planned Community District), 15.51 acres of S-1 (Approved R-2 PCD) (Ranch or Farm
Residence District, Approved Multifamily Residence District, Planned Community
District), and 4.99 acres of S-1 (Approved C-1 PCD) (Ranch or Farm Residence
District, Approved Neighborhood Retail District, Planned Community District) to PUD
(Planned Unit Development) to allow an industrial and technology business park that
will allow limited and accessory warehouse uses and office uses.

Summary
Current Zoning: 229.68 acres of S-1 (Approved R1-8 PCD), 15.51 acres of S-1
(Approved R-2 PCD), and 4.99 acres of S-1 (Approved C-1 PCD)
Proposed Zoning: PUD
Acreage: 250.18 acres
Proposal: Industrial and technology business park that will allow warehouse and office
uses

Owner: Williams Family Living 1996 Trust
Applicant/Representative: Adam Baugh, Withey Morris, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Laveen Village Planning Committee heard this case on Mar. 15, 2021
and June 14, 2021 for information only. The Laveen Village Planning Committee heard
this case on Aug. 9, 2021 and recommended approval, per the staff recommendation
with additional stipulations, by a vote of 11-0.
PC Action: The Planning Commission heard this case on Sept. 2, 2021 and
recommended approval, per the Addendum A Staff Report with an additional
stipulation, by a vote of 9-0.


Page 498


Location
Southwest corner of 63rd Avenue and the South Mountain Avenue alignment
Council District: 7
Parcel Address: 6710 W. Dobbins Road

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Planning and
Development Department.




Page 499
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-1-21-7) FROM S-1 (APPROVED R1-8 PCD) (RANCH OR
FARM RESIDENCE DISTRICT, APPROVED SINGLE-FAMILY
RESIDENCE DISTRICT, PLANNED COMMUNITY DISTRICT), S-1
(APPROVED R-2 PCD) (RANCH OR FARM RESIDENCE
DISTRICT, APPROVED MULTIFAMILY RESIDENCE DISTRICT,
PLANNED COMMUNITY DISTRICT), AND S-1 (APPROVED C-1
PCD) (RANCH OR FARM RESIDENCE DISTRICT, APPROVED
NEIGHBORHOOD RETAIL DISTRICT, PLANNED COMMUNITY
DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 250.18-acre site located on the southwest

corner of 63rd Avenue and the South Mountain Avenue alignment in a portion of

Section 12 of Township 1 South, Range 1 East; and Sections 6 and 7 of Township 1

South, Range 2 East as described more specifically in Exhibit “A”, is hereby changed

from 229.68 acres of “S-1 (Approved R1-8 PCD)” (Ranch or Farm Residence District,

Approved Single-Family Residence District, Planned Community District), 15.51 acres

of “S-1 (Approved R-2 PCD)” (Ranch or Farm Residence District, Approved Multifamily




Page 500
Residence District, Planned Community District), and 4.99 acres of “S-1 (Approved C-1

PCD)” (Ranch or Farm Residence District, Approved Neighborhood Retail District,

Planned Community District) to “PUD” (Planned Unit Development).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,

violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. An updated Development Narrative for the Dobbins Industrial and Tech Park
PUD reflecting the changes approved through this request shall be submitted to
the Planning and Development Department within 30 days of City Council
approval of this request. The updated Development Narrative shall be consistent
with the Development Narrative date stamped July 13, 2021, as modified by the
following stipulations:

a. Front cover: Revise the submittal date information on the bottom to add
the following: Hearing draft submittal: July 13, 2021; City Council adopted:
[Add adoption date].




Page 501
b. Page 4, List of Uses, Not Permitted: Replace existing verbiage with the
following:

For the purposes of this PUD a distribution facility is defined as a business
that receives packages, sorts, and delivers them without product storage.
Distribution as an accessory use is permitted when it occurs from a
manufacturing facility or a warehouse where a product is made,
assembled or packaged.

Distribution facilities as a primary use shall not be permitted within 500
feet of the property line along Dobbins Road.

There shall be no distribution facilities as defined by this PUD within 500
feet of 67th Avenue, between Dobbins Road and McClellan Ranch Road.

For the remainder of the Phase 1 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities as a primary use are permitted as follows:

- No distribution facilities as a primary use are permitted for a time
period of 3 years from the certificate of completion of the first building
completed within the Phase 1 area.

- After 3 years from the first building’s certificate of completion, a
maximum of 50% of the total building area for the Phase I area may be
utilized for distribution facility as a primary use.

For the remainder of the Phase 2 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities are permitted as follows:

- No distribution facilities as a primary use are permitted for a time
period of 3 years from the certificate of completion of the first building
completed within the Phase 2 area.

- After 3 years from the first building’s certificate of completion, a
maximum of 50% of the total building area for the Phase 2 area may
be utilized for distribution facility as a primary use.

- After 6 years from the first building’s certificate of completion, the
balance of the Phase 2 building area may be utilized for distribution
facility as a primary use.

c. Page 5, Building Setback, Overall Perimeter & Interior, Adjacent to
residential: Add a note under the first bullet that reads as follows:

“In the event that a perimeter property line is not adjacent to a street, the
perimeter building setbacks shall be measured starting at 30 feet from the
property line.”



Page 502
d. Page 7, Minimum Landscape Setbacks, b) Overall Perimeter & Interior,
Adjacent to residential: Add a note under the first bullet that reads as
follows:

“In the event that a perimeter property line is not adjacent to a street, the
perimeter landscape setbacks shall be measured starting at 30 feet from
the property line.”

e. Page 11, Site Design/Development: Please include the following as an
additional bullet point:

“Where pedestrian pathways cross drive aisles, they shall be constructed
of decorative pavers, stamped or colored concrete, or other pavement
treatments that visually contrast with the adjacent parking and drive aisle
surfaces, as approved by the Planning and Development Department.”

2. The developer shall dedicate and construct the following along Dobbins Road:

a. Fifty-five feet of right-of-way for the south side, west of 67th Avenue, per
Cross Section C Standards.

b. Fifty-five feet of right-of-way for the north and south half between 67th
Avenue and the south eastern development boundary (65th Avenue
alignment), per Cross Section C Standards. Development shall be
responsible for any dedication and improvements for intersection designs.

c. Right-of-way dedication and construction to be consistent with the
approved Traffic Impact Study and Master Street Plan for the north side of
Dobbins Road between 65th Avenue alignment and 63rd Avenue.

3. The developer shall dedicate right-of-way and construct the east half of 67th
Avenue for the full limits of the project, in accordance with the approved Traffic
Impact Study and associated Master Street Plan.

4. The developer shall dedicate right-of-way and construct 63rd Avenue in
accordance with the approved Traffic Impact Study and associated Master Street
Plan. The developer will be responsible for associated General Plan Amendment
to the Street Classification map, as determined by the approved Traffic Impact
Study.

5. The developer shall dedicate right-of-way and construct Olney Avenue in
accordance with the approved Traffic Impact Study and associated Master Street
Plan.

6. The developer shall submit Master Street Plan, Phasing Plan and Trails Plan as
required by the Planned Community District (PCD), Section 636 of the Phoenix
Zoning Ordinance, as approved by the Street Transportation Department and
Planning and Development Department.


Page 503
7. The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City. Contact the Street Transportation
Department to set up a meeting to discuss the requirements of the study. The
TIS shall include signal warrant analysis of abutting and nearby intersection
effected as part of this development. The developer shall be responsible for any
additional dedications and cost of improvements as required by the approved
TIS.

8. The developer shall be responsible for the installation of traffic signals and or
escrow funds as identified within the Traffic Impact Study and approved Master
Street Plan.

9. Existing irrigation facilities along any existing and or proposed right-of-way are to
be undergrounded and relocated outside of City right-of-way. Contact SRP to
identify existing land rights and establish the appropriate process to relocate
facility. Relocations that require additional dedications or land transfer require
completion prior to obtaining plat and/or civil plan review approval.

10. Connection of trails shall be made to collector streets through clearly defined
bicycle and pedestrian routes. Local street connections alone are insufficient to
provide this connectivity. This connectivity shall be addressed through the Trails
Master Plan.

11. The developer shall construct all streets within and 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 the current ADA Guidelines.

12. 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.

13. 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.

14. 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.




Page 504
15. Prior to the submittal of preliminary site plan applications to the planning and
development department, the developer shall provide Pulte Homes with a copy of
its site plan for any building within 500 feet of the 67th Avenue alignment, for the
length of the property.

16. 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.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 6th day of October,

2021.


________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager


Page 505
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 506
EXHIBIT A

LEGAL DESCRIPTION FOR Z-1-21-7

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:

PARCEL NO. 1:
LOT ONE (1), SECTION TWELVE (12), TOWNSHIP ONE (1) SOUTH, RANGE ONE
(1) EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA.

PARCEL NO. 2:
FARM UNIT "D", BEING ALSO KNOWN AS LOT SIX (6), OR THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER (NWL/4 SWL/4) AND LOT SEVEN (7),
OR THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SWL/4 SWL/4)
OF SECTION SIX (6), TOWNSHIP ONE (1) SOUTH, RANGE TWO (2) EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT THE SOUTH THIRTY-THREE (33) FEET, AS CONVEYED TO MARICOPA
COUNTY BY DEED RECORDED AS DOCKET 169, PAGE 18; AND
EXCEPT THAT PART CONVEYED IN WARRANTY DEED RECORDED AS 2003-
0638294 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER (SWL/4) OF SECTION SIX (6),
TOWNSHIP ONE (1) SOUTH, RANGE TWO (2) EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION;
THENCE NORTH 89°51'35" EAST, A DISTANCE OF 146.24 FEET;
THENCE SOUTH 46°43'27" WEST, A DISTANCE OF 66.73 FEET;
THENCE SOUTH 89°28'20" WEST, A DISTANCE OF 98.02 FEET;
THENCE NORTH 00°27'02" EAST, A DISTANCE OF 46.29 FEET TO THE POINT OF
BEGINNING.

PARCEL NO. 3:
FARM UNIT "D", ACCORDING TO THE FARM UNIT PLAT, OR LOTS ONE (1) AND
TWO (2), SECTION SEVEN (7), TOWNSHIP ONE (1) SOUTH, RANGE TWO (2) EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA.

PARCEL NO. 4:
THE EAST HALF OF THE SOUTHWEST QUARTER (EL/2 SWL/4) OF SECTION SIX
(6), TOWNSHIP ONE (1) SOUTH, RANGE TWO (2) EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

EXCEPT THE SOUTH THIRTY-THREE (33) FEET FOR ROAD PURPOSES.




Page 507
Page 508
Attachment B




Staff Report: Z-1-21-7
Dobbins Industrial and Tech Park PUD
August 3, 2021

Laveen Village Planning Committee August 9, 2021
Meeting Date
Planning Commission Hearing Date September 2, 2021

Request From: S-1 (Approved R1-8 PCD) (229.68 acres), S-1
(Approved R-2 PCD) (15.51 acres), and S-1
(Approved C-1 PCD) (4.99 acres)
Request To: PUD (250.18 acres)
Proposed Use PUD to allow industrial and technology
business park that will allow warehouse and
office uses
Location Southwest corner of 63rd Avenue and the
South Mountain Avenue alignment
Owner Williams Family Living 1996 Trust
Applicant/Representative Adam Baugh, Withey Morris, PLC
Staff Recommendation Approval, subject to stipulations

General Plan Conformity
Current: Residential 3.5 to 5 dwelling units
per acre (180.24 acres), Residential 5 to 10
dwelling units per acre (24.96 acres), and
Mixed Use (Parks / Open Space /
General Plan Land Use Map Residential 3.5 to 5 dwelling units per acre)
Designation (44.99 acres)

Proposed (GPA-LV-1-21-7): Mixed Use
(Industrial / Commerce / Business Park)
(250.18 acres)
63rd Avenue Collector 0-foot west half street
Street Map 33-foot north half street
Dobbins Road Arterial
Classification 33-foot south half street
South Mountain
Local 0-foot south half-street
Avenue




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Olney Avenue Local 25-foot north half street

67th Avenue Local 0-foot half street
STRENGTHEN OUR LOCAL ECONOMY CORE VALUE; EMPLOYERS (JOB
CREATION); LAND USE PRINCIPLE: Support General Plan Land Use Map and
zoning changes that will facilitate the location of employment generating uses in
each of the designated employment centers.
The proposed PUD is designed to put in place land use entitlements intended to attract a
variety of employers to the Laveen area. The City of Phoenix Community and Economic
Development Department has designated the Loop 202 freeway as a high technology
employment corridor, and this PUD will help further the goal of bringing high tech and
manufacturing companies to this area.

CONNECT PEOPLE AND PLACES CORE VALUE; CORES, CENTERS &
CORRIDORS; LAND USE PRINCIPLE: Locate land uses with the greatest height and
most intense uses within village cores, centers and corridors based on village
character, land use needs, and transportation system capacity.
The subject site is in close proximity to the Loop 202 freeway corridor and is located on
both the north and south side of Dobbins Road, which is an arterial street. The property is
also directly adjacent to the Laveen Village Core to the east.

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE VALUE;
CERTAINTY & CHARACTER; DESIGN PRINCIPLE: Create new development or
redevelopment that is sensitive to the scale and character of the surrounding
neighborhoods and incorporates adequate development standards to prevent
negative impact(s) on the residential properties.
The proposed PUD includes development standards intended to provide an appropriate
transition from existing and planned residential developments surrounding the site and
any new commerce park or industrial uses that will locate on the site. These standards
include enhanced design guidelines, robust landscaping requirements, large buildings
and landscape setbacks where the site abuts residential zoning, and height restrictions.




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CONNECT PEOPLE & PLACES CORE VALUE; COMPLETE STREETS; DESIGN
PRINCIPLE: In order to balance a more sustainable transportation system,
development should be designed to include increased amenities for transit,
pedestrian and bicyclists such as shade, water, seating, bus shelters, wider
sidewalks, bike racks, pedestrian scale lighting and way-finding.
The development narrative sets forth extensive development standards and additional
project requirements that will help create a pedestrian-friendly environment. Standards
include detached sidewalks along all street frontages (perimeter and interior streets),
several multi-use trail connections, tree planting standards to provide shade along
pedestrian pathways, bicycle parking standards, and hitching posts for equestrian users.
These standards will help ensure an enhanced multi-modal street environment.

BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREE AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new development
and redevelopment projects throughout Phoenix.
This PUD sets forth extensive landscaping standards designed to provide robust tree
shade cover along its street frontages, as well as within and throughout the overall
development site.


Applicable Plan, Overlays, and Initiatives
Laveen Southwest Growth Study – See Background Item No. 4.

South Mountain Freeway Technology Corridor – See Background Item No. 5.

Tree and Shade Master Plan – See Background Item No. 13.

Complete Streets Guiding Principles – See Background Item No. 14.

Comprehensive Bicycle Master Plan – See Background Item No. 15.

Zero Waste PHX – See Background Item No. 16.

2003 Dobbins Road Design Concept Report – See Background Item No. 21.




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Surrounding Land Uses/Zoning
Land Use Zoning
S-1 (Approved R1-8 PCD), S-1
On Site Agricultural land (Approved R-2 PCD), and S-1 (Approved
C-1 PCD)
Single-family residences
North R-2
under construction
S-1 (Approved R1-8 PCD), S-1
South Agricultural land
(Approved R-2 PCD)
East (north of S-1 (Approved C-2/CP-GCP), C-2 HR,
Dairy farm and vacant land
Dobbins Road) C-2 HR SP, C-2/CP-GCP SP
East (south of S-1 (Approved R1-8 PCD), S-1
Agricultural land
Dobbins Road) (Approved R-2 PCD)
West (north of Single-family residences
R1-6 PCD and R-2 PCD
Dobbins Road) under construction
West (South of Vacant land previously
Gila River Indian Community
Dobbins Road) used for agriculture

Background/Issues/Analysis

GENERAL PROPOSAL
1. This request is to
rezone a 250.18-
acre site located at
the southwest corner
of 63rd Avenue and
the South Mountain
Avenue alignment
from 229.68 acres of
S-1 (Approved R1-8
PCD) (Ranch or
Farm Residence
District, Approved
Single-Family
Residence District,
Planned Community
District), 15.51 acres
of S-1 (Approved R-2
PCD) (Ranch or Zoning Sketch Map
Farm Residence Source: City of Phoenix Planning and Development Department
District, Approved




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Multifamily Residence District, Planned Community District), and 4.99 acres of S-1
(Approved C-1 PCD) (Ranch or Farm Residence District, Approved Neighborhood
Retail District, Planned Community District) to PUD (Planned Unit Development) to
allow an industrial and technology business park that will allow warehouse and
office uses.
GENERAL PLAN LAND USE MAP DESIGNATIONS
2. The site has General Plan Land Use Map designations of Residential 3.5 to 5
dwelling units per acre, Residential 5 to 10 dwelling units per acre, and Mixed Use
(Parks / Open Space / 3.5 to 5 dwelling units per acre). The proposal is not
consistent with these designations and, as the site exceeds 10 acres in size,
therefore the applicant has filed a General Plan Amendment (GPA-LV-1-21-7) as a
companion case to this rezoning request. The GPA request is for Mixed Use
(Industrial / Commerce / Business Park) General Plan Land Use Map designation.




General Plan Land Use Map
Source: City of Phoenix Planning and Development Department

To the north of the northern boundary of the site, there are General Plan Land Use
Map designations of Residential 3.5 to 5 dwelling units per acre, Residential 5 to 10
dwelling units per acre, and Mixed Use (Parks / Open Space / 3.5 to 5 dwelling
units per acre).

West of the site, north of Dobbins Road, there are General Plan Land Use Map
designations of Residential 3.5 to 5 dwelling units per acre, Residential 5 to 10
dwelling units per acre, and Residential 10 to 15 dwelling units per acre. The area




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to the west of the site, south of Dobbins Road, does not fall within the City of
Phoenix General Plan Map area and is within the jurisdictional boundaries of the
Gila River Indian Community.

To the south of the southernmost boundary of the site, the General Plan Land Use
Map designation of Residential 3.5 to 5 dwelling units per acre extends south to the

East of the site, south of Dobbins Road, there are General Plan Land Use Map
designations of Residential 3.5 to 5 dwelling units per acre, Residential 5 to 10
dwelling units per acre, and Mixed Use (Parks / Open Space / 3.5 to 5 dwelling
units per acre). North of Dobbins Road, to the east of the site, are Commercial and
Mixed Use (Commercial / Commerce Park) designations. Also to the east of the site
is the Laveen Village Core, which is intended to be the clearly discernible town
center and should consist of a mix of medium to high intensity uses. Further,
entitlements for Commercial or Commerce Park zoning have been established
along both sides of the Loop 202 freeway corridor to facilitate the creation of a high
technology employment corridor once the freeway was completed.

The proposed PUD is appropriate given the site’s close proximity to the Loop 202
freeway and the availability of land to create a high technology employment corridor
in the area. Further, the development narrative sets forth extensive development
standards that provide appropriate transitions from potential commerce park and
industrial uses to existing and future residential developments adjacent to the site.
The uses contained in this PUD are also compatible with the General Plan Land
Use Map designations to the east of the site along the Loop 202 freeway, which are
intended to facilitate commercial, commerce park and business park uses similar to
those proposed for the subject site.
EXISTING CONDITIONS & SURROUNDING ZONING
3. The subject site is currently used for farming and is zoned S-1 (Approved R1-8
PCD) (Ranch or Farm Residence District, Approved Single-Family Residence
District, Planned Community District). The surrounding zoning and land uses are
as follows:




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Aerial Sketch Map
Source: City of Phoenix Planning and Development Department
NORTH
North of the northern boundary of the subject site is land currently under
construction for single-family homes. This area is zoned R-2 (Multifamily Residence
District).

SOUTH
Active farm uses extend south of the southernmost boundary of the subject site and
are zoned S-1 (Approved R1-8 PCD) (Ranch or Farm Residence District, Approved
Single-Family Residence District, Planned Community District) and S-1 (Approved
R-2 PCD) (Ranch or Farm Residence District, Approved Multifamily Residence
District, Planned Community District).

EAST
To the east of the project site, south of Dobbins Road, are active farms zoned S-1
(Approved R1-8 PCD) (Ranch or Farm Residence District, Approved Single-Family
Residence District, Planned Community District) and S-1 (Approved R-2 PCD)
(Ranch or Farm Residence District, Approved Multifamily Residence District,
Planned Community District). North of Dobbins Road, east of the site, is vacant
land and an active dairy farm zoned S-1 (Approved C-2 CP/GCP) (Ranch or Farm
Residence District, Approved Intermediate Commercial District and/or Commerce
Park District, General Commerce Park option), C-2 HR (Intermediate Commercial



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District, High-Rise District), C-2 HR SP (Intermediate Commercial District, High-
Rise District, Special Permit), and C-2 CP/GCP SP (Intermediate Commercial
District, Commerce Park District, General Commerce Park option, Special Permit).
WEST
West of the site, north of Dobbins Road, is land that is under construction for single-
family homes. This land is zoned R1-6 PCD (Single-Family Residence District,
Planned Community District) and R-2 PCD (Multifamily Residence District, Planned
Community District). South of Dobbins Road, the land to the west of the site is
outside of the City of Phoenix jurisdictional boundaries and falls within the Gila
River Indian Community. This area consists of vacant land previously used for
agriculture.
AREA PLANS, OVERLAYS, AND INITATIVES
4. Laveen Southwest Growth Study
The site is located within the
boundaries of the Laveen
Southwest Growth Study, which
was developed in 1997 to analyze
the existing conditions of the
Laveen Village. It provides a land
use and design planning framework
to help shape the growth in Laveen,
while accounting for newly annexed
farmland as well as the future
development of the South Mountain
Freeway Loop, which has since
been completed.

The Land Use Plan contained
within this study placed the
following designations on this site:
Residential 2 to 5 dwelling units per
acre, Residential 5 to 10 dwelling
units per acre, and Parks/Open
Space. Immediately to the east of
the site, this plan designates the
area along the Loop 202 freeway
as Commercial and Land Use Plan, Laveen Southwest Growth Study
Commerce Park. Source: City of Phoenix Planning and Development Department


The proposed PUD does not conform to the land use designations placed on the
site but is consistent with the designations along the freeway and would provide an
appropriate expansion of envisioned commerce park and light industrial uses.




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The Laveen Southwest Growth Study also outlines specific design policies and
standards for various types of developments that will enhance Laveen’s built
environment while remaining respectful of its agricultural heritage. The study
encourages all new developments to use durable, high-quality building materials
and to provide enhanced building design that will contribute to the character of the
area. The Dobbins Industrial and Tech Park PUD sets forth design standards that
far exceed those required by the Phoenix Zoning Ordinance and also incorporates
requirements for building materials and design features that invoke the agricultural
history of the Laveen area.
5. South Mountain Freeway Technology Corridor
The City of Phoenix Community and Economic Development Department launched
an initiative to market the newly constructed segment of the Loop 202 freeway
(South Mountain Freeway) as a high technology employment corridor. This $1.77
Billion, 22-mile stretch of freeway links the East Valley and West Valley workforces
and provides a new gateway into southwest Phoenix. This area is quickly emerging
as an ideal location for high tech manufacturing and other advanced industries.
Large land parcels with freeway frontage, robust infrastructure, and mountain views
provide ideal
opportunities
for corporate
campuses,
Class “A” office
settings and
light industrial
parks. The
proposal is
consistent with
this vision and
will help attract
a variety of
manufacturers
and businesses
to the area.

To facilitate
marketing of
the site to high Source: City of Phoenix Community and Economic
technology Development Department
employers, staff is recommending limitations to distribution uses. These limitations
are addressed in Stipulation No. 1.b.
PUD PROPOSAL
6. The proposal was developed utilizing the PUD zoning designation. The Planned
Unit Development (PUD) is intended to create a built environment that is superior to



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that produced by conventional zoning districts and design guidelines. Using a
collaborative and comprehensive approach, an applicant authors and proposes
standards and guidelines that are tailored to the context of a site on a case by case
basis. Where the PUD Development Narrative is silent on a requirement, the
applicable Zoning Ordinance provisions will be applied.
7. Land Use Plan: The PUD proposes an overall land use concept for the entire
project that is designed for Commerce Park and Industrial Uses. This will provide
the flexibility needed for specific users to locate on any portion of the site depending
on their operational needs.
8. Permitted Uses: The PUD proposes to permit all uses listed in the Commerce Park
District, General Commerce Park Option of the Phoenix Zoning Ordinance (Section
626.F), with some additional uses such as manufacturing (which may include basic
processing and compounding of raw materials), restaurants, veterinary hospitals
and offices, and recreational assembly uses. Temporary and accessory uses are to
comply with their respective Sections in the Phoenix Zoning Ordinance, and Special
Permit uses are prohibited.

This PUD further proposes to prohibit distribution uses along Dobbins Road that do
not store products. Distribution as an accessory to a manufacturing or warehouse
facility where a product is made or packaged will be permitted.

Staff is recommending that the PUD narrative include provisions to ensure that the
entirety of the site does not develop solely with distribution uses, as this would not
align with the intent of a high technology employment corridor. These provisions will
also give the Community and Economic Development Department an opportunity to
market the site to high technology companies within the first few years of the
project’s development. To achieve this, staff is recommending that no distribution
uses be permitted within 500 feet of Dobbins Road, which is a thoroughfare of
scenic and historical importance in the community. Staff is also recommending that
no distribution uses be permitted in the Phase 1 area (as depicted in Exhibit 7 of the
PUD narrative) in the first three years from the certificate of completion of the first
building completed within this development area. After these first three years, a
maximum of 50 percent of the total building area may be utilized as a distribution
facility as a primary use. The same limitation is recommended in the Phase 2 area
(as depicted in Exhibit 7 of the PUD narrative), with the additional provision that
after six years from the first building’s certificate of completion, the balance of the
Phase 2 building area may be utilized for distribution as a primary use. These
recommendations are addressed in Stipulation No. 1.b.
9. Development Standards: The PUD sets forth several development standards
designed to enhance street frontages and the pedestrian environment, promote
multi-modal transportation options, and provide superior buffering from existing and
future residential uses adjacent to the site. The development narrative also outlines




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standards for detached sidewalks along all street frontages, and multi-use trails
along the southwestern property line, the north side of Dobbins Road, and along the
east side of 67th Avenue. These trails will provide key connection points to the
city’s overall parks and trails system. Parking, lighting, and fences and walls shall
adhere to the standards set forth in the Phoenix Zoning Ordinance. Standards for
bicycle parking in this PUD have been duplicated from Section 1307.H of the
Zoning Ordinance, which outlines enhanced bicycle parking requirements per the
Walkable Urban (WU) Code. The WU Code is a form-based zoning code that aims
to enhance the pedestrian environment and promote multi-modal transportation
options.

The PUD proposes open storage standards that limit outdoor storage to a
maximum height of eight feet within 50 feet of a residential district, which shall be
screened by a solid eight-foot wall and shall not exceed 30 percent of individual
development parcels.

Below is a summary of the main development standards proposed in the PUD
development narrative. A full list of standards can be found on pages 5 through 7 of
the PUD development narrative.

Standard Proposed
Maximum 56 feet
Maximum 75 feet for rooftop building appurtenances;
minimum 20 feet from roof edge; maximum 15
Building Height percent of roof area
Maximum 75 feet for materials silos or similar ground
mounted elements; minimum 150 feet from property
line adjacent to residential
Building Setbacks
Dobbins Road and
Minimum 50 feet
67th Avenue
Streets Minimum 30 feet
Adjacent to residential: Minimum 100 feet
Perimeter and
Not adjacent to residential: Minimum 20 feet
Interior
Interior: 0 feet
Maximum Lot Coverage Maximum 50 percent
Open Space Minimum 8%
10. Landscape Standards: The PUD outlines extensive landscaping standards that
exceed the requirements contained in the Zoning Ordinance. The proposed
landscape standards are intended to create a robust tree shade cover along the



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streetscapes and throughout the development parcels, as well as to help combat
the urban heat island effect. All trees along the streetscapes shall be single-trunk,
large canopy shade trees, and Dobbins Road and 67th Avenue street landscape
areas shall contain minimum 75 percent live groundcover. All other landscape
areas shall contain minimum 50 percent live groundcover. All publicly accessible
sidewalks and trails along arterial and collector roadways shall be shaded to a
minimum of 75 percent. All other walkways shall be shaded at a minimum of 50
percent. Below is an outline of some of the proposed landscape standards. A full list
of standards can be found on pages 7 through 8 of the PUD development narrative.

Standard Proposed
Landscape Setbacks
Streetscape
Dobbins Road and 67th Avenue Minimum 30 feet
Other streets Minimum 20 feet
Perimeter and Interior
Adjacent to residential Minimum 50 feet
Not adjacent to residential Minimum 20 feet
Interior 0 feet
Planting Standards
Dobbins Road Minimum 2-inch caliper (25%)
Minimum 3-inch caliper (50%)
Minimum 4-inch caliper (25%)
Accent palm trees at primary entrances
of individual development parcels
Other streets Minimum 2-inch caliper (50%)
Minimum 3-inch caliper (50%)
Interior property lines adjacent to Minimum 3-inch caliper (60%)
residential Minimum 2-inch caliper (40%)
Double row of triangulated large
canopy single trunk shade trees
One additional 2-inch caliper tree for
every 500 square feet of landscape
area.
Between curb and sidewalk, and
along multi-use trails Minimum 2-inch caliper (100%)
Surface parking areas Minimum 5% of surface parking shall
be landscaped
Minimum 2-inch caliper trees,
dispersed to provide minimum 25%
shade




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11. Design Guidelines: The PUD sets forth an extensive list of design requirements
for building architecture, site layout, walls and fences, landscaping, and design
features specific to the Dobbins Road frontage. These standards exceed those
required by the Phoenix Zoning Ordinance by solidifying requirements that are
“Presumptions” in the ordinance and adding several new design requirements that
will ensure a high-quality development that will be a visual benefit to the community.
Standards for building design include color palette and building style consistency
throughout the development, building materials that are historically appropriate in
relation to Laveen’s agrarian heritage (for example stone masonry, common brick,
and corrugated steel panels), and guidelines to ensure appropriate breaking up of
building massing and aesthetically pleasing building entrances and overall facades.

The PUD also includes requirements for the placement of outdoor storage,
orientation of loading and service bays, and location of parking garage structures to
ensure that any high impact or unsightly uses are shielded from public view. This
will ensure that any street-facing portions of the development enhance the
surrounding streetscape instead of negatively impacting it.
12. Signs: Signage shall comply with the Phoenix Zoning Ordinance.
AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
13. Tree and Shade Master Plan
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the city’s planning and
development process. By investing in trees and the urban forest, the city can
reduce its carbon footprint, decrease energy costs, reduce storm water runoff,
increase biodiversity, address the urban heat island effect, clean the air, and
increase property values. In addition, trees can help to create walkable streets and
vibrant pedestrian places. The proposed PUD narrative includes standards for large
tree plantings along all street frontages, throughout all landscape areas, and within
surface parking lots. The primary streetscape landscape areas shall contain
minimum 75 percent live groundcover, and all other landscape areas shall contain
minimum 50 percent. The landscaping standards in the PUD will provide significant
shade for pedestrians and will help reduce the urban heat island effect within the
development and in the greater Laveen area.
14. Complete Streets Guiding Principles
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. The proposed PUD sets forth several
standards that will help improve the pedestrian environment and create streets
conducive to multi-modal transportation options. Such standards include detached
sidewalks, robust tree shade cover, multi-use trails, shaded pedestrian amenity
areas, hitching posts for equestrian users, and bicycle parking infrastructure.




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15. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its bikeway system and supportive infrastructure. The
Comprehensive Bicycle Master Plan supports options for both short- and long-term
bicycle parking as a means of promoting bicyclist traffic to a variety of destinations.
The proposal incorporates requirements for bicycle parking that follows standards
set forth in the Walkable Urban Code, which is the city’s form-based zoning code
intended to enhance the pedestrian realm and encourage multi-modal
transportation.
16. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal to
become a zero-waste city, as part of the city’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
Section 716 of the Phoenix Zoning Ordinance expand its recycling and other waste
diversion programs. The PUD requires that trash and recycling containers be
placed at an interval of every 600 feet along its Dobbins Road Street frontage.
Further, the use of recycling collection throughout the site shall be encouraged and
the implementation of a recycling and materials management plan shall be
developed during construction.
COMMUNITY INPUT SUMMARY
17. At the time this staff report was written, staff received one letter from a community
member outlining concerns with the compatibility of the project with adjacent
residential properties and with the lack of activation along the Dobbins Road
Frontage.

This PUD has been presented to the Laveen Village Planning Committee for
informational presentations twice, on March 15, 2021 and on June 14, 2021. During
these meetings, members of the committee raised concerns with allowing
distribution as a primary use, the proposed design guidelines, and the treatment
along Dobbins Road. In response to these concerns, the applicant worked with
Planning and Development Department staff to craft regulatory language that will
ensure high quality architectural and site layout design, as well as historically
appropriate streetscape treatments along Dobbins Road. The applicant also
included a provision to prohibit distribution uses that are not part of a primary use
that either manufactures or stores products. Staff is further recommending that the
PUD narrative include provisions to ensure that the entirety of the site does not
develop with distribution as a primary use, and to allow for the Community and
Economic Development Department to market the site to high technology
employers within the first few years of development. These provisions are
addressed in Stipulation No. 1.b.
INTERDEPARTMENTAL COMMENTS
18. Fire Prevention Division, Fire Department
Fire Prevention does not anticipate problems with the referenced case. However,



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Staff Report: Z-1-21-7
August 3, 2021


the site and or buildings shall comply with the 2018 Phenix Fire Core. If the
building(s) cannot meet first responder radio coverage requirements once they are
constructed, they will require a signal booster system (see PFC Section 510).
19. Floodplain Management Division, Public Works Department
Floodplain Management determined that this parcel is not in a Special Flood
Hazard Area (SFHA), but is located in a Shaded Zone X, on panel 2655 L of the
Flood Insurance Rate Maps (FIRM) dated October 16, 2013.
20. Public Transit Department
The Public Transit Department has required that clearly defined, accessible
pedestrian pathways be provided to connect all main site elements and public
sidewalks, and, where they intersect drive aisles, they be constructed of materials
that visually contrast with parking surfaces. These standards have been
incorporated into the PUD narrative as regulatory standards. The department
further required that all pedestrian sidewalks be shaded to 75 percent at tree
maturity. This is addressed in Stipulation No. 1.c.
21. Street Transportation Department
The Street Transportation Department has required that the developer dedicate and
construct the right-of-way along Dobbins Road with 55 feet of right of way along the
south side, west of 67th Avenue, per Cross Section C Standards, 55 feet of right-of
way for the north and south half between 67th Avenue and the southeastern
property boundary per Cross Section C standards; and that these be consistent
with the approved Traffic Impact Study and Master Street Plan. This is addressed in
Stipulation No. 2. The Street Transportation Department has also required that the
developer dedicate and construct right-of way along the east side of 67th Avenue
for the full limits of the project, and rights-of-way for 63rd Avenue, and Olney
Avenue, as addressed in Stipulation Nos. 3, 4, and 5. A Master Street Plan,
Phasing Plan, Trails Plan, and a Traffic Impact Study shall also be required, per
Stipulation Nos. 6 and 7. The developer shall be responsible for the installation of
traffic signals and or escrow funds as identified in the traffic study and approved
Master Street Plan, per Stipulation No. 8. Any existing irrigation facilities along the
right-of-way are to be undergrounded or relocated to outside the city right-of-way,
as required in Stipulation No. 9. Trails shall connect to collector streets through
clearly defined bicycle and pedestrian routes and shall be addressed through the
Trails Master Plan, per Stipulation No. 10. Finally, the developer shall be
responsible for constructing all streets within and adjacent to the development, and
all improvements shall comply with ADA accessibility requirements. This is
addressed in Stipulation No. 11.

Dobbins Road Design Concept Report (2003)
In 2003, the City of Phoenix commissioned a consultant to prepare a Design
Concept Report (DCR) for Dobbins Road from Central Avenue to 67th Avenue. The
purpose of this report was to identify a conceptual footprint for Dobbins Road that




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Staff Report: Z-1-21-7
August 3, 2021


moves traffic safely and efficiently through the area in a way that maintains the
character of the community to the extent possible within the known constraints. This
report also includes a set of design criteria for the historic and rural enhancement of
roadway improvements on Dobbins Road. The Dobbins Industrial and Tech Park
PUD incorporates several of the design recommendations from this report into its
design guidelines for the Dobbins Road street frontage. This includes elements
such as historically relevant light fixtures, pedestrian street furniture with a cohesive
design, and use of building materials that were identified in the report as being of
historic importance, such as common brick, river run masonry, wire mesh,
galvanized steel panels, and heavy timber such as salvaged wood from creosoted
wood telephone poles.
22. Water Services Department
The Water Services Department does not have any comments for the proposed
rezoning and noted that the property will need water and sewer mains that can
serve this development. The department further noted that capacity is a dynamic
condition that can change over time due to a variety of factors. It is the City's intent
to provide water and sewer service. However, the requirements and assurances for
water and sewer service are determined during the site plan application review. For
any given property, water and sewer requirements may vary over time to be less or
more restrictive depending on the status of the City’s water and sewer
infrastructure.
OTHER
23. The site is not designated as archaeologically sensitive. However, should
archaeological materials be 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 is addressed in Stipulation No. 13.
24. Development and use of the site is subject to all applicable codes and ordinances.
Zoning approval does not negate other ordinance requirements. Other formal
actions such as, but not limited to, zoning adjustments and abandonments, may be
required.




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Staff Report: Z-1-21-7
August 3, 2021


Findings

1. The PUD provides a framework for the development of the site and positions the
area for future investment. It will also help further the goal of the city’s Community
and Economic Development Department of creating a high technology employment
corridor along the Loop 202 freeway.
2. The PUD will help establish the site as a destination for employment uses that
maximize the site’s proximity to existing transportation infrastructure.
3. The PUD contains standards that ensure development on the site will be
consistent with the area’s character and compatible with surrounding uses.
Additionally, it sets forth design standards for the Dobbins Road frontage that pays
homage to Laveen’s agricultural heritage.

Stipulations

1. An updated Development Narrative for the Dobbins Industrial and Tech Park PUD
reflecting the changes approved through this request shall be submitted to the
Planning and Development Department within 30 days of City Council approval of
this request. The updated Development Narrative shall be consistent with the
Development Narrative date stamped July 13, 2021, as modified by the following
stipulations:
a. Front cover: Revise the submittal date information on the bottom to add the
following: Hearing draft submittal: July 13, 2021; City Council adopted: [Add
adoption date].




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Staff Report: Z-1-21-7
August 3, 2021


b.Page 4, List of Uses, Not Permitted: Replace existing verbiage with the
following:

For the purposes of this PUD a distribution facility is defined as a business
that receives packages, sorts, and delivers them without product storage.
Distribution as an accessory use is permitted when it occurs from a
manufacturing facility or a warehouse where a product is made, assembled
or packaged.

Distribution facilities as a primary use shall not be permitted within 500 feet
of the property line along Dobbins Road.

For the remainder of the Phase 1 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities as a primary use are permitted as follows:
- No distribution facilities as a primary use are permitted for a time period of
3 years from the certificate of completion of the first building completed
within the Phase 1 area.
- After 3 years from the first building’s certificate of completion, a maximum
of 50% of the total building area for the Phase I area may be utilized for
distribution facility as a primary use.

For the remainder of the Phase 2 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities are permitted as follows:
- No distribution facilities as a primary use are permitted for a time period of
3 years from the certificate of completion of the first building completed
within the Phase 2 area.
- After 3 years from the first building’s certificate of completion, a maximum
of 50% of the total building area for the Phase 2 area may be utilized for
distribution facility as a primary use.
- After 6 years from the first building’s certificate of completion, the balance
of the Phase 2 building area may be utilized for distribution facility as a
primary use.
c. Page 11, Site Design/Development: Please include the following as an
additional bullet point: “Where pedestrian pathways cross drive aisles, they
shall be constructed of decorative pavers, stamped or colored concrete, or
other pavement treatments that visually contrast with the adjacent parking
and drive aisle surfaces, as approved by the Planning and Development
Department.”
2. The developer shall dedicate and construct the following along Dobbins Road:
a. Fifty-five feet of right-of-way for the south side, west of 67th Avenue, per
Cross Section C Standards.




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Staff Report: Z-1-21-7
August 3, 2021


b. Fifty-five feet of right-of-way for the north and south half between 67th
Avenue and the south eastern development boundary (65th Avenue
alignment), per Cross Section C Standards. Development shall be
responsible for any dedication and improvements for intersection designs.
c. Right-of-way dedication and construction to be consistent with the approved
Traffic Impact Study and Master Street Plan for the north side of Dobbins
Road between 65th Avenue alignment and 63rd Avenue.
3. The developer shall dedicate right-of-way and construct the east half of 67th
Avenue for the full limits of the project, in accordance with the approved Traffic
Impact Study and associated Master Street Plan.
4. The developer shall dedicate right-of-way and construct 63rd Avenue in accordance
with the approved Traffic Impact Study and associated Master Street Plan.
Development will be responsible for associated General Plan Amendment to the
Street Classification Map.
5. The developer shall dedicate right-of-way and construct Olney Avenue in
accordance with the approved Traffic Impact Study and associated Master Street
Plan.
6. The developer shall submit Master Street Plan, Phasing Plan and Trails Plan as
required by the Planned Community District (PCD), Section 636 of the Phoenix
Zoning Ordinance, as approved by the Street Transportation Department and
Planning and Development Department.
7. The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City. Contact the Street Transportation Department
to set up a meeting to discuss the requirements of the study. The TIS shall include
signal warrant analysis of abutting and nearby intersection effected as part of this
development. The developer shall be responsible for any additional dedications and
cost of improvements as required by the approved TIS.
8. The developer shall be responsible for the installation of traffic signals and or
escrow funds as identified within the traffic study and approved Master Street Plan.
9. Existing irrigation facilities along any existing and or proposed right-of-way are to be
undergrounded and relocated outside of City right-of-way. Contact SRP to identify
existing land rights and establish the appropriate process to relocate facility.
Relocations that require additional dedications or land transfer require completion
prior to obtaining plat and/or civil plan review approval.




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Staff Report: Z-1-21-7
August 3, 2021


10. Connection of trails shall be made to collector streets through clearly defined
bicycle and pedestrian routes. Local street connections alone are insufficient to
provide this connectivity. This connectivity shall be addressed through the Trails
Master Plan.
11. The developer shall construct all streets within and 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 the current ADA Guidelines.
12. 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.

Writer
Sofia Mastikhina
August 3, 2021

Team Leader
Samantha Keating

Exhibits
Sketch map
Aerial sketch map
Community Correspondence (2 Pages)
Dobbins Industrial and Tech Park PUD date stamped July 13, 2021




Page 528
R-2 PCD R-2 PCD
Z-115-99 Z-115-99

R1-6 R-2 PCD *
S-1 CP/GCP* C-2 *
63RD AVE
PRD R-2
PCD
ANX 175 R1-8 PCD Z-115-99
R-2 PRD S-1 Z-47-19 Z-126-00
PCD * Z-115-99
ANX 175
Z-115-99 Z-115-99 PCD Z-151-02 R-4*
Z-115-99
ANX 175 ANX 175 Z-47-19

SOUTH MOUNTAIN AVE ALIGNMENT S-1




C-2
CP/GCP SP *
Z-SP-4-09 C-2/CP-GCP
C-2 Z-79-01
HR SP *
Z-SP-4-09
R1-6 PCD
Z-60-16
GILA

59TH AVE
C-2 HR *
Z-16-09 S-1
R-2 ANX 175
S-1




PCD R-2 PCD * C-1 PCD * C-2 *
Z-60-16 Z-180-04 Z-180-04
ANX 175
ANX 272
RIVER 202
Z-62-02

v
w DOBBINS RD

S-1 PCD * C-2/CP-GCP
Z-180-04 Z-79-01
R-2 PCD *
Z-180-04 S-1
ANX 271
Z-100-02
INDIAN

R1-8 R1-6
PCD * PCD *
Z-180-04 Z-31-04

RESERVATION C-2/CP-GCP R-3A
C-2/CP-GCP
Z-79-01 PCD *
Z-79-01
OLNEY AVE ALIGNMENT
Z-31-04
R-2 PCD *
Z-180-04 R1-8
PCD*
Z-31-04



I
BROADWAY RD
Z-1-21
SOUTHERN AVE

Miles BASELINE RD

0.2 0.1 0 0.2
LAVEEN VILLAGE 75TH AVE
DOBBINS RD



67TH AVE
ELLIOT RD

CITY COUNCIL DISTRICT: 7
59TH AVE
ESTRELLA DR




51ST AVE
27TH AVE

43RD AVE 35TH AVE




APPLICANT'S NAME: REQUESTED CHANGE:
Adam Baugh, Withey Morris, PLC
FROM:
S-1 (Approved R1-8 PCD) ( 229.68 a.c.)
APPLICATION NO. DATE:
1/15/2021
Z-1-21 REVISION DATES: S-1 (Approved R-2 PCD) ( 15.51 a.c.)
GROSS AREA INCLUDING 1/2 STREET S-1 (Approved C-1 PCD) ( 4.99 a.c.)
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
250.18 Acres QS 03-12, 03-13,
C-4 TO: PUD ( 250.18 a.c.)
02-13
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1 (Approved R1-8 PCD), S-1 (Approved R-2 PCD),
S-1 (Approved C-1 PCD) 229 (987), 15 (155), 4 (72) N/A (1,263), N/A (186), N/A (87)
PUD N/A N/A

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-1-21.mxd
Page 529
R-2 PCD R-2 PCD
Z-115-99 Z-115-99

R1-6 R-2 PCD *
S-1 CP/GCP* C-2 *
63RD AVE
PRD R-2
PCD
ANX 175 R1-8 PCD Z-115-99
R-2 PRD S-1 Z-47-19 Z-126-00
PCD * Z-115-99
ANX 175
Z-115-99 Z-115-99 PCD Z-151-02 R-4*
Z-115-99
ANX 175 ANX 175 Z-47-19

SOUTH MOUNTAIN AVE ALIGNMENT S-1




C-2
CP/GCP SP *
Z-SP-4-09 C-2/CP-GCP
C-2 Z-79-01
HR SP *
Z-SP-4-09
R1-6 PCD
Z-60-16
GILA

59TH AVE
C-2 HR *
Z-16-09 S-1
R-2 ANX 175
S-1




PCD R-2 PCD * C-1 PCD * C-2 *
Z-60-16 Z-180-04 Z-180-04
ANX 175
ANX 272
RIVER 202
Z-62-02

w
v DOBBINS RD

S-1 PCD * C-2/CP-GCP
Z-180-04 Z-79-01
R-2 PCD *
Z-180-04 S-1
ANX 271
Z-100-02
INDIAN

R1-8 R1-6
PCD * PCD *
Z-180-04 Z-31-04

RESERVATION C-2/CP-GCP R-3A
C-2/CP-GCP
Z-79-01 PCD *
Z-79-01
OLNEY AVE ALIGNMENT
Z-31-04
R-2 PCD *
Z-180-04 R1-8
PCD*
Maricopa County Assessor's Office Z-31-04



I
BROADWAY RD
Z-1-21
SOUTHERN AVE

Miles BASELINE RD

0.2 0.1 0 0.2
LAVEEN VILLAGE 75TH AVE
DOBBINS RD



67TH AVE
ELLIOT RD

CITY COUNCIL DISTRICT: 7
59TH AVE
ESTRELLA DR




51ST AVE
27TH AVE

43RD AVE 35TH AVE




APPLICANT'S NAME: REQUESTED CHANGE:
Adam Baugh, Withey Morris, PLC
FROM:
S-1 (Approved R1-8 PCD) ( 229.68 a.c.)
APPLICATION NO. DATE:
1/15/2021
Z-1-21 REVISION DATES: S-1 (Approved R-2 PCD) ( 15.51 a.c.)
GROSS AREA INCLUDING 1/2 STREET S-1 (Approved C-1 PCD) ( 4.99 a.c.)
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
250.18 Acres QS 03-12, 03-13,
C-4 TO: PUD ( 250.18 a.c.)
02-13
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1 (Approved R1-8 PCD), S-1 (Approved R-2 PCD),
S-1 (Approved C-1 PCD) 229 (987), 15 (155), 4 (72) N/A (1,263), N/A (186), N/A (87)
PUD N/A N/A

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-1-21.mxd
Page 530
Sofia Mastikhina

From: Dan Penton
Sent: Monday, March 15, 2021 10:59 AM
To: Tonya Glass; Linda Abegg; Robert Branscomb; Sofia Mastikhina; Sandy Hamilton; Samantha Keating;
Phil Hertel
Cc: hannah@witheymorris.com; Jennifer Rouse; Stephanie Hurd; lisaperez5@cox.net
Subject: Dobbins Industrial and Tech Park PUD Z-1-21N /GPA-LV-1-21-7
Attachments: mcClellanRanch_StaffReport.pdf; McClellan SitePlan revised.pdf; MCCLELLAN RANCH PLANNED
COMMUNITY DISTRICT DEVELOPMENT NARRATIVE _Z-60-16n.pdf; received_
811873326065987.webp; received_906024206816048.webp

Follow Up Flag: Follow up
Flag Status: Flagged


I AM ALL FOR BRINGING HIGH PAYING JOBS AND THE TECH CORRIDOR TO LAVEEN!

But at what cost?

Two BRAND NEW residential communities under construction, 179 Unit Estrella Vista to the north, and 611 unit
McClellan Ranch to the west aren't even completed yet, and I fear that we will set a dangerous precedent if this
proposed PUD isn't given the thoughtful and deliberate attention it requires.

I realize the site plan is conceptual, but that is what alarms me the most. The concept. This can't be your everyday, run
of the mill concept. The McClellan Ranch PCD was finally approved after three revisions over three years. The Dove
Ranch PCD (the previous planned development for this site) was on the books for nearly 20 years or more. Both of them
were planned with each other in mind. None of them anticipated an industrial complex literally on their doorstep.

I'm proposing a 200‐ft setback along Dobbins to preserve the scenic corridor and to allow for a more compatible use
along Dobbins that will serve as a transition between two land uses that are polar opposites. Within that 200 feet could
be a scenic trail easement, commercial uses more conducive to neighborhood services, mixed use with
commercial/retail on ground floor with live/work lofts or co‐working units on second and third floors provided they are
stepped back. Create a "Main Street" along Dobbins.

I said this to Adam and Hannah previously, This development is the first one in so whatever the outcome of this project
is we'll set the tone for future development along the freeway corridor. There's an opportunity here to set a great
example to make something that the community can really be proud of and stand behind. Let's not squander it. Let's be
thoughtful and deliberate about how this project comes together; And how we can make it truly represent the character
and uniqueness of Laveen.

I created two maps to show the compatibility of the Tech Park next to the residential and the access routes to and from
the 202 for residents of the both communities. On one map you'll see the Tech Park PUD conceptual site plan and the
other map you will notice the previous development for Dove Ranch.
The zoning case numbers for McClellan and Estrella Vista are noted, as are the entry points to both communities as
indicated by the black dots. The streets are in white, and the Laveen Area Conveyance Channel is in Blue. .

Please keep in mind that the only access across the conveyance channel will be at 63rd Avenue, South Mountain Avenue
will end at 65th Ave, and 67th Avenue will end just north of the main entrance to McClellan Ranch. All vehicular traffic
will be directed to Dobbins Road, where a driver can turn left on to 63rd Ave or continue to the Loop 202.



Page 531
Children who happen to be enrolled at Desert Meadows can take the Conveyance Channel, but others who go to either
Betty Fairfax or Estella Foothills Global Academy will likely take Dobbins Road (or the Conveyance for BFHS) requiring
them to travel through an Industrial Park just to get to school. What kind of safety does that offer, and his does that
reduce their risk to harmful air quality?

Thank you for your time. I look forward to seeing you all at tonight's VPC meeting

All My Best
Dan Penton





Page 532
Attachment C




Village Planning Committee Meeting Summary
Z-1-21-7
DOBBINS INDUSTRIAL AND TECH PARK PUD
INFORMATION ONLY


Date of VPC Meeting March 15, 2021
Request From S-1 (Approved R1-8 PCD), S-1 (Approved R-2 PCD),
and S-1 (Approved C-1 PCD)
Request To PUD
Proposed Use PUD to allow industrial and technology business park
that will allow warehouse and office uses
Location Southwest corner of 63rd Avenue and the South
Mountain Avenue alignment


VPC DISCUSSION:

Mr. Adam Baugh, representative, provided an overview of the request, including the
location, size, current zoning and General Plan Land Use Map designations, and
surrounding conditions. He explained that the completion of the Loop 202 freeway has
created new opportunities in the area that did not exist before, one of which being major
employment options. He stated that the intent of the proposed PUD is to generally
follow CP/GCP (Commerce Park District – General Commerce Park Option) standards
to create a campus-like setting, with limited outdoor storage uses and considerable
pedestrian improvements, open space areas, and amenities. The PUD proposes to
establish entitlement flexibility to attract industrial uses and major employment
generators, encourage future development to southwest Phoenix, and establish
development and performance standards to ensure high quality design and land use
compatibility.

Mr. Robert Branscomb expressed concern with warehousing uses, as there is an
oversupply of warehousing to the north along the freeway that is still struggling to
secure tenants. He stressed that warehousing is not the right type of business in terms
of creating jobs in the area. He asked if this development is depending on warehousing,
or if it just a part of the PUD to allow users some flexibility. Mr. Baugh replied that, yes,
warehousing is proposed as a part of the potential uses in this PUD. He explained that a
warehouse will not be a standalone business but is usually tied to a manufacturer or
other type of business to support their operations. He added that they will creating
enhanced development standards and design expectations to integrate warehousing
uses appropriately. He further explained that employers have a variety of needs, and
the developer can either build a site with a warehousing component to attract users that
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 533
need it or wait for a business to construct a build-to-suit structure – either way, they
can’t attract employers without the zoning already in place.

Mr. Carlos Ortega echoed concerns regarding warehousing and emphasized that he is
not supportive of warehouses anywhere in Laveen.

Ms. Sharifa Rowe expressed her concern with the conversation being centered on the
hypothetical creation of jobs, with little to no regard to how this development will impact
the community. She explained that the community has already experienced
environmental injustices such as industrial dumping and vast warehousing spaces, and
that more thought needs to be given to how this proposal will benefit the community
other than just potentially creating jobs.

Ms. Jennifer Rouse stated that very rarely do developers deliver on projects that they
claim will benefit the community, so the committee should evaluate these types of
requests very carefully.

Vice Chair Linda Abegg echoed the other committee members’ concerns, adding that
she’d like to see a revised development narrative, since the only available version is the
first draft. She suggested that special attention be paid to the language included in the
development narrative to ensure that the uses permitted are something that the
community would like to see in the area. She is supportive of attracting quality
employers to the area but is concerned with allowing warehousing by right. She added
that, due to its proximity to residential neighborhoods, the PUD should incorporate
enhanced standards for screening, roofline shapes to blend with the mountains to the
south, and the overall architectural style to ensure that buildings look like they are a part
of the community. All the uses should be compatible with Laveen.

Ms. Rowe asked what the community input plan for this development is. Mr. Baugh
replied that their team had sent out all required notification letters, held a neighborhood
meeting which had a dozen people in attendance, created a public website where all
application documents are available, and met with the Laveen Citizens for Responsible
Development group. He also explained that a PUD rezoning request requires more
neighborhood meetings than a standard rezoning process.
Mr. Branscomb stated that he looks forward to bringing businesses to that area, and
that he would love to participate in attracting businesses to Laveen. He reiterated his
concern with being stuck with vacant buildings in the community, and that they need to
make sure that the right types of businesses are being brought in.

Chair Tonya Glass stressed the importance of community outreach for this project and
pointed out that the required outreach is very minimal, considering the notification radius
is 600 feet. This site is surrounded by vacant land, so the standard notification process
would likely only reach a handful of property owners. She stated that it’s very important
for community members to help spread the word so that all nearby residents are
informed of this development as well as others. She also agreed with the concerns
regarding warehousing uses and stated that the site should not be built entirely with
warehouses, so that there is plenty of room left for build-to-suit opportunities. She
added that warehousing and light industrial uses are not what the community expects
for this area.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 534
Mr. Ortega requested that the Community and Economic Development Department
come present their business strategies along the Loop 202 freeway at a future meeting.
Chair Glass agreed and added a request for the Planning and Development
Department Director to come to discuss this area too. Mr. Ortega then addressed the
members of the public in attendance, encouraging them to actively participate in cases
that affect them, either by speaking up during public hearings or submitting emails and
letters of the city, so that they can help hold developers accountable.

Ms. Cinthia Estela agreed with the other committee members’ comments, stating that
the community does not need another warehouse, but rather a place where all can live,
work, and play. Writing a blank check for this PUD is not something she would agree
with,

PUBLIC COMMENT

Mr. Phil Hertel stated that it is good to start the public input process early, and that he
was pleased to see so many people wanting to participate. He stated that this project
would be a huge asset to the community, reducing the number of homes planned for the
area, therefore reducing emissions, reducing the need for police services, and so on.
The community doesn’t need warehouses, but he understands that the applicant is
trying to create something with enough flexibility to attract several different users. One
large warehouse can be converted into several uses if needed. He emphasized that
investors don’t want empty buildings but rather spaces that will generate revenue, so
they are not likely to leave vacant buildings on the site. He explained that the 600 plus
homes that were planned for this area would be a much worse alternative to this
opportunity, which will create a job center for those who live in Laveen, reducing
commuting needs. He pushed for this process to be completed so that these
employment opportunities can start coming to Laveen.

Mr. Dan Penton suggested that there be a focus on attracting “Agri-Tech” businesses,
as they are part of the high technology industry with high paying jobs, while still having a
link to Laveen’s farming heritage. He expressed his concern with setting a bad
precedent for this type of use if this PUD isn’t given thoughtful and thorough attention.
He pointed out that the Planned Community Districts (PCD) in this area took several
years to develop and approve, and that a proposal of this scale should take a similar
approach in pursuing considerable community input before proceeding. He further
added that there are two residential communities that will be landlocked due to South
Mountain Avenue and 67th Avenue not going all the way through, so these residents
will need to drive through this development to get to the freeway. Given this, this
development should not look and feel like an industrial development, and safe and
attractive routes should be provided throughout the development in a sustainable
manner. He reiterated that this project will set the tone for future developments along
the tech corridor, so they have to get it right.

Mr. Baugh thanked the committee and the members of the public for their feedback,
stating that this is just the beginning of a long development process, and that they have
a lot of work ahead of them. He explained that they wanted to receive the committee’s
feedback before revising the development narrative and submitting a second draft to the
city, so that all community and staff comments could be incorporated at once.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 535
Ms. Stephanie Hurd stated that the community needs less residential uses and more
commercial uses and agreed with Mr. Branscomb’s idea of having community
involvement in attracting businesses that the community wants to see.

Ms. Rouse expressed her concern with industrial uses being prioritized over
commercial, as warehouses are not wanted in Laveen. She stressed that the
community needs to come together to discuss this project throughout the entire
process, and not just at the Village Planning Committee meetings.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 536
Attachment D




Village Planning Committee Meeting Summary
Z-1-21-7
DOBBINS INDUSTRIAL AND TECH PARK PUD
INFORMATION ONLY


Date of VPC Meeting June 14, 2021
Request From S-1 (Approved R1-8 PCD), S-1 (Approved R-2 PCD),
and S-1 (Approved C-1 PCD)
Request To PUD
Proposed Use PUD to allow industrial and technology business park
that will allow warehouse and office uses
Location Southwest corner of 63rd Avenue and the South
Mountain Avenue alignment


VPC DISCUSSION:

Adam Baugh, representative with Withey Morris, provided an update on the proposed
PUD. He outlined the location of the project site, the expected phasing of development,
and the street improvements and connections that will be constructed. He explained the
overall purpose of the PUD, which is to attract quality businesses to the Laveen area,
noting that while there are no specific users for the site yet, the development team has
been working closely with the city and key stakeholders in the area to attract the right
types of employers. He provided an overview of the development standards, which
closely follow Commerce Park standards, and the permitted uses such as commerce
and industrial. He stated that there is a lot of interest from high technology companies to
expand to and in Arizona, and that the development team is hopeful that they can
attract them to this site. He listed some of the changes made to the PUD based on
community feedback, such as increased street setbacks and setbacks from residential
uses, enhanced landscaping standards, and a more limited list of permitted uses. He
then outlined the architectural guidelines for the project, stating that, regardless of the
user within a building, the exteriors will be highly designed and large building masses
will be avoided and mitigated. He presented some examples of other buildings
developed by his client, noting the quality of the design. He then stated that the types of
businesses that the city and the community want here are looking for sites that already
have zoning and infrastructure in place, and that this site has neither. He highlighted the
importance of ensuring the first few tenants on this site and building out the
infrastructure needed to attract the big technology companies.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 537
PUBLIC COMMENT

Phil Hertel stated that this project will eliminate 600 homes from Laveen, will reduce
congestion, and will bring jobs to the community. He stated that this will also create an
enhanced streetscape and will be an asset to the community.

Dan Penton thanked the applicant for incorporating a lot of the community’s feedback
into the project and stated that this will help grow the employment base in Laveen. He
urged the community to remain involved, as these applicants are very receptive and
work well with the community.

COMMITTEE QUESTIONS

Stephanie Hurd expressed her concern from the previous meeting, which was allowing
warehousing on the site, but stated that she would be more accepting of it if there were
more certainty about what the community would be getting back. She suggested that
palm trees be integrated into the streetscape in addition to the shade trees, as they are
consistent with the character of Laveen. She echoed the applicant’s statement that
companies such as Taiwan Semiconductor Company would not even consider a site if
the zoning and infrastructure aren’t already in place. Baugh replied that, although he
can’t guarantee which companies will locate here, this PUD has been structured
similarly to the zoning on the Taiwan Semiconductor site to attract the same type of use.

Carlos Ortega expressed concern with allowing warehousing at this site, stating that
having the whole site develop with warehouses is not what the community wants. Vice
Chair Linda Abegg expressed the same concern and stated that, if not limiting
warehousing as a use, she would like to see other limitations included in the PUD
narrative, such as a maximum percentage of the site that can be developer as such, or
only permitting it as an accessory use. Baugh explained that permitting warehousing is
necessary in order to attract businesses to this site, adding that one warehouse building
can house multiple companies and will provide the space flexibility to accommodate
different types of users. He stated that this project will be required to construct and bring
in all of the necessary infrastructure, so flexibility in the uses will help fund the required
improvements. He stated that the intent is not to develop the property with only
warehousing, but that it is in important use to have as an option. Vice Chair Abegg
stated that the committee understands the need to some warehousing on the site, as
many of the technology and manufacturing companies need the space and a way to
store and distribute their products. However, the specific users are unknown at this
point and, although the applicant repeatedly says they are hopeful for a certain type of
company that is not warehousing, there is no way to guarantee it and remove the
possibility that the entire site will develop as warehousing. As such, limitations must be
written into the PUD narrative. Baugh provided an example of a Northrop Grumman site
in Chandler, which was 75 percent warehousing, but is a research laboratory, so the
warehouse portion of the site was not used solely for storage and distribution but as an
actual employment generating use where they conducted rocket testing. Vice Chair
Abegg pondered whether this would be considered an accessory use and that the
discussion going forward should include defining this type of accessory use in the
narrative to avoid solely using warehouses for storage and distribution.

Cinthia Estela expressed her support for the project, stating that it is exactly what the
community has been asking for.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 538
Jennifer Rouse expressed concern with the setbacks adjacent to the residential
neighborhoods. Baugh explained that the setbacks have been increase from 20 feet to
75 feet to help buffer existing residences.

Vice Chair Abegg stated that this project will be very important for the community and
will bring jobs to Laveen that they have wanted for some time. She stressed that the
need for flexibility to attract quality businesses to the site should still be balanced with
the community’s needs and wants for this development. She then addressed the
regulatory standards in the PUD narrative, stating that she’d like to see enforceable
language regarding palm trees along the streets, variety and enhanced design of
building facades, and further standards for breaking up of building mass. She also
suggested that the developer work with the school district on potential new school sites,
which are needed in the area.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 539
Attachment E




Village Planning Committee Meeting Summary
Z-1-21-7
DOBBINS INDUSTRIAL AND TECH PARK PUD


Date of VPC Meeting August 9, 2021
Request From S-1 (Approved R1-8 PCD), S-1 (Approved R-2 PCD),
and S-1 (Approved C-1 PCD)
Request To PUD
Proposed Use PUD to allow industrial and technology business park
that will allow warehouse and office uses
Location Southwest corner of 63rd Avenue and the South
Mountain Avenue alignment
VPC Recommendation Approval with additional stipulations
VPC Vote 11-0


VPC DISCUSSION & RECOMMENDED STIPULATIONS:

This agenda item was heard concurrently with GPA-LV-1-21-7.

Sofia Mastikhina, staff, provided an overview of the companion cases, GPA-LV-1-21-7
and Z-1-21-7 (Dobbins Industrial and Tech Park PUD), including the site area, location,
existing and surrounding conditions, and relationship to the Loop 202 freeway. She
noted that the proposal will help further the Community and Economic Development
Department’s goal of creating a high technology employment corridor along this freeway
by providing a land use framework for office and manufacturing uses. She outlined the
main development, landscape, and design standards, as well as the permitted land
uses, noting staff-recommended restrictions on distribution uses. She presented staff’s
findings and recommendations for approval of the General Plan Amendment request
and approval of the Rezoning request, subject to stipulations, which she then listed.

Adam Baugh, representative with Withey Morris PLC, provided an overview of the
proposal, noting that, although the site is just outside the target area for a high
employment technology corridor, this project can be the impetus to achieving this city
and community vision. He stated that this proposal will remove entitlements for
approximately 1,200 to 1,500 residential units and will help attract major employment
generators to the area. He highlighted the major changes made to the PUD as a result
of continued collaboration with community members, the committee, and staff. These
include a reduction in permitted uses, tremendous landscaping requirements, extensive
design standards, pedestrian and bicycle standards, and incorporation of design

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 540
features as set forth in the 2003 Dobbins Road Design Concept Report. He presented
additional proposed development standards to address concerns voiced by the
residential developer to the west of the site, which include increased building setback
and landscape standards and enhancements along 67th Avenue, new building and
architecture requirements, primary access from 65th Avenue, limitations to service bay
access and outdoor storage.

Vice Chair Linda Abegg stated that she had reservations about this project at its onset
but, through working with the applicant, staff, the community, and the council office, she
is happy with the outcome and would like to make a motion to approve.

Chair Tonya Glass thanked the applicant for all the hard work they put into discussing
this project with the various stakeholders, for adapting the development standards to
accommodate the Dobbins scenic corridor, for listening to the community’s concerns,
and going above and beyond to provide a proposal that will benefit the community.

Robert Branscomb expressed the same sentiments and his excitement for the new
employment opportunities in Laveen that will result from this project.

PUBLIC COMMENT
Carolyn Oberholtzer, representative for Pulte Homes, which is being developed to the
west of the project site, expressed appreciation for the appropriate transitions provided
in the proposal, and the high standards along Dobbins Road, which Pulte was also held
to. She outlined the additional standards that the applicant has agreed to incorporate to
help further mitigate impact to the residential development to the west, and asked that
the committee include these as stipulations in their motion.

Phil Hertel thanked the applicant for working extensively with the community on this
project, praising the fact that it will remove 1,200 approved residential units from the
area and replace them with job-generating uses, which will be a great asset to the
community.

Dan Penton thanked the applicant for working with and listening to the community and
coming back with a project that addresses all of the concerns voiced over the course of
the process.

MOTION
Vice Chair Abegg made motion to approve the request per the staff recommendation
with additional stipulations. Jennifer Rouse seconded the motion.

VOTE
11-0: Motion passes with committee members Glass, Abegg, Branscomb, Estela,
Flunoy, Harlin, Hurd, Knight, Ortega, Rouse, and Rowe in favor.




STIPULATIONS
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 541
1. An updated Development Narrative for the Dobbins Industrial and Tech Park PUD
reflecting the changes approved through this request shall be submitted to the
Planning and Development Department within 30 days of City Council approval of
this request. The updated Development Narrative shall be consistent with the
Development Narrative date stamped July 13, 2021, as modified by the following
stipulations:
a. Front cover: Revise the submittal date information on the bottom to add the
following: Hearing draft submittal: July 13, 2021; City Council adopted: [Add
adoption date].
b.Page 4, List of Uses, Not Permitted: Replace existing verbiage with the
following:

For the purposes of this PUD a distribution facility is defined as a business
that receives packages, sorts, and delivers them without product storage.
Distribution as an accessory use is permitted when it occurs from a
manufacturing facility or a warehouse where a product is made, assembled
or packaged.

Distribution facilities as a primary use shall not be permitted within 500 feet
of the property line along Dobbins Road.

THERE SHALL BE NO DISTRIBUTION FACILITIES AS DEFINED BY THIS
PUD WITHIN 500 FEET OF 67TH AVENUE, BETWEEN DOBBINS ROAD
AND MCCLELLAN RANCH ROAD.

For the remainder of the Phase 1 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities as a primary use are permitted as follows:
- No distribution facilities as a primary use are permitted for a time period of
3 years from the certificate of completion of the first building completed
within the Phase 1 area.
- After 3 years from the first building’s certificate of completion, a maximum
of 50% of the total building area for the Phase I area may be utilized for
distribution facility as a primary use.

For the remainder of the Phase 2 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities are permitted as follows:
- No distribution facilities as a primary use are permitted for a time period of
3 years from the certificate of completion of the first building completed
within the Phase 2 area.
- After 3 years from the first building’s certificate of completion, a maximum
of 50% of the total building area for the Phase 2 area may be utilized for
distribution facility as a primary use.
- After 6 years from the first building’s certificate of completion, the balance
of the Phase 2 building area may be utilized for distribution facility as a
primary use.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 542
C.PAGE 5, BUILDING SETBACK: ADD A NOTE THAT READS AS
FOLLOWS: “THE 67TH AVENUE PERIMETER LANDSCAPE AND
RESIDENTIAL BUILDING SETBACKS NORTH OF DOBBINS ROAD SHALL
BE MEASURED FROM THE 67TH AVENUE ALIGNMENT FOR THE
LENGTH OF THE PROPERTY.”
D. c. Page 11, Site Design/Development: Please include the following as an
additional bullet point: “Where pedestrian pathways cross drive aisles, they
shall be constructed of decorative pavers, stamped or colored concrete, or
other pavement treatments that visually contrast with the adjacent parking
and drive aisle surfaces, as approved by the Planning and Development
Department.”
2. The developer shall dedicate and construct the following along Dobbins Road:
a. Fifty-five feet of right-of-way for the south side, west of 67th Avenue, per
Cross Section C Standards.
b. Fifty-five feet of right-of-way for the north and south half between 67th
Avenue and the south eastern development boundary (65th Avenue
alignment), per Cross Section C Standards. Development shall be
responsible for any dedication and improvements for intersection designs.
c. Right-of-way dedication and construction to be consistent with the approved
Traffic Impact Study and Master Street Plan for the north side of Dobbins
Road between 65th Avenue alignment and 63rd Avenue.
3. The developer shall dedicate right-of-way and construct the east half of 67th
Avenue for the full limits of the project, in accordance with the approved Traffic
Impact Study and associated Master Street Plan.
4. The developer shall dedicate right-of-way and construct 63rd Avenue in accordance
with the approved Traffic Impact Study and associated Master Street Plan.
Development will be responsible for associated General Plan Amendment to the
Street Classification Map.
5. The developer shall dedicate right-of-way and construct Olney Avenue in
accordance with the approved Traffic Impact Study and associated Master Street
Plan.
6. The developer shall submit Master Street Plan, Phasing Plan and Trails Plan as
required by the Planned Community District (PCD), Section 636 of the Phoenix
Zoning Ordinance, as approved by the Street Transportation Department and
Planning and Development Department.
7. The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City. Contact the Street Transportation Department
to set up a meeting to discuss the requirements of the study. The TIS shall include
signal warrant analysis of abutting and nearby intersection effected as part of this
development. The developer shall be responsible for any additional dedications and
cost of improvements as required by the approved TIS.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 543
8. The developer shall be responsible for the installation of traffic signals and or
escrow funds as identified within the traffic study and approved Master Street Plan.
9. Existing irrigation facilities along any existing and or proposed right-of-way are to be
undergrounded and relocated outside of City right-of-way. Contact SRP to identify
existing land rights and establish the appropriate process to relocate facility.
Relocations that require additional dedications or land transfer require completion
prior to obtaining plat and/or civil plan review approval.
10. Connection of trails shall be made to collector streets through clearly defined
bicycle and pedestrian routes. Local street connections alone are insufficient to
provide this connectivity. This connectivity shall be addressed through the Trails
Master Plan.
11. The developer shall construct all streets within and 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 the current ADA Guidelines.
12. 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.

13. THE DEVELOPER SHALL PROVIDE PULTE HOMES WITH A COPY OF ITS SITE
PLAN, CONCURRENT WITH A PRELIMINARY SITE PLAN APPLICATION TO BE
FILED WITH THE CITY OF PHOENIX, FOR ANY BUILDING WITHIN 500 FEET
OF THE 67TH AVENUE ALIGNMENT FOR THE LENGTH OF THE PROPERTY.

STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:
None.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 544
Attachment F




ADDENDUM A
Staff Report: Z-1-21-7
September 2, 2021

Laveen Village Planning Committee August 9, 2021
Meeting Date
Planning Commission Hearing Date September 2, 2021

Request From: S-1 (Approved R1-8 PCD) (229.68 acres), S-1
(Approved R-2 PCD) (15.51 acres), and S-1
(Approved C-1 PCD) (4.99 acres)
Request To: PUD (250.18 acres)
Proposed Use PUD to allow industrial and technology
business park that will allow warehouse and
office uses
Location Southwest corner of 63rd Avenue and the
South Mountain Avenue alignment
Owner Williams Family Living 1996 Trust
Applicant/Representative Adam Baugh, Withey Morris, PLC
Staff Recommendation Approval, subject to stipulations

The purpose of this addendum is to revise the staff recommended stipulations to
account for the archaeological sensitivity of the subject site. At the time the staff report
was written, the incorrect stipulations for an archaeologically sensitive site were
included in the staff report. Staff was notified of the error by the City Archaeologist, and
this addendum serves to replace the existing stipulation with three stipulations that
address archaeologically sensitive sites.

On August 9, 2021, the Laveen Village Planning Committee heard this request and
approved it per the staff recommendation with additional stipulations and a modification
to Stipulation No. 1c by a vote of 11-0. The below stipulations include the additional
stipulations recommended by the Laveen Village Planning Committee, in addition to the
revised archaeology stipulations and staff’s modifications listed above. Staff has also
worked with the applicant and a representative of Pulte Homes to clarify Stipulation
Nos. 1.d. and 15. Additionally, staff is recommending minor modifications to Stipulation
Nos. 4 and 8 for clarity and enforceability.

Staff recommends approval subject to the following revised stipulations:




Page 545
Addendum A to the Staff Report Z-1-21-7
September 2, 2021


1. An updated Development Narrative for the Dobbins Industrial and Tech Park PUD
reflecting the changes approved through this request shall be submitted to the
Planning and Development Department within 30 days of City Council approval of
this request. The updated Development Narrative shall be consistent with the
Development Narrative date stamped July 13, 2021, as modified by the following
stipulations:
a. Front cover: Revise the submittal date information on the bottom to add the
following: Hearing draft submittal: July 13, 2021; City Council adopted:
[Add adoption date].
b. Page 4, List of Uses, Not Permitted: Replace existing verbiage with the
following:

For the purposes of this PUD a distribution facility is defined as a business
that receives packages, sorts, and delivers them without product storage.
Distribution as an accessory use is permitted when it occurs from a
manufacturing facility or a warehouse where a product is made, assembled
or packaged.

Distribution facilities as a primary use shall not be permitted within 500 feet
of the property line along Dobbins Road.

THERE SHALL BE NO DISTRIBUTION FACILITIES AS DEFINED BY
THIS PUD WITHIN 500 FEET OF 67TH AVENUE, BETWEEN DOBBINS
ROAD AND MCCLELLAN RANCH ROAD.

For the remainder of the Phase 1 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities as a primary use are permitted as follows:
- No distribution facilities as a primary use are permitted for a time period of
3 years from the certificate of completion of the first building completed
within the Phase 1 area.
- After 3 years from the first building’s certificate of completion, a maximum
of 50% of the total building area for the Phase I area may be utilized for
distribution facility as a primary use.

For the remainder of the Phase 2 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities are permitted as follows:
- No distribution facilities as a primary use are permitted for a time period of
3 years from the certificate of completion of the first building completed
within the Phase 2 area.
- After 3 years from the first building’s certificate of completion, a maximum
of 50% of the total building area for the Phase 2 area may be utilized for
distribution facility as a primary use.
- After 6 years from the first building’s certificate of completion, the balance
of the Phase 2 building area may be utilized for distribution facility as a
primary use.

Page 546
Addendum A to the Staff Report Z-1-21-7
September 2, 2021


C. PAGE 5, BUILDING SETBACK, OVERALL PERIMETER & INTERIOR,
ADJACENT TO RESIDENTIAL: ADD A NOTE UNDER THE FIRST
BULLET THAT READS AS FOLLOWS: “IN THE EVENT THAT A
PERIMETER PROPERTY LINE IS NOT ADJACENT TO A STREET, THE
PERIMETER BUILDING SETBACKS SHALL BE
MEASURED STARTING AT 30 FEET FROM THE PROPERTY LINE.”
D. PAGE 7, MINIMUM LANDSCAPE SETBACKS, B) OVERALL PERIMETER
& INTERIOR, ADJACENT TO RESIDENTIAL: ADD A NOTE UNDER THE
FIRST BULLET THAT READS AS FOLLOWS: “IN THE EVENT THAT A
PERIMETER PROPERTY LINE IS NOT ADJACENT TO A STREET, THE
PERIMETER LANDSCAPE SETBACKS SHALL BE
MEASURED STARTING AT 30 FEET FROM THE PROPERTY LINE.”
E. c. Page 11, Site Design/Development: Please include the following as an
additional bullet point: “Where pedestrian pathways cross drive aisles, they
shall be constructed of decorative pavers, stamped or colored concrete, or
other pavement treatments that visually contrast with the adjacent parking
and drive aisle surfaces, as approved by the Planning and Development
Department.”
2. The developer shall dedicate and construct the following along Dobbins Road:
a. Fifty-five feet of right-of-way for the south side, west of 67th Avenue, per
Cross Section C Standards.
b. Fifty-five feet of right-of-way for the north and south half between 67th
Avenue and the south eastern development boundary (65th Avenue
alignment), per Cross Section C Standards. Development shall be
responsible for any dedication and improvements for intersection designs.
c. Right-of-way dedication and construction to be consistent with the approved
Traffic Impact Study and Master Street Plan for the north side of Dobbins
Road between 65th Avenue alignment and 63rd Avenue.
3. The developer shall dedicate right-of-way and construct the east half of 67th
Avenue for the full limits of the project, in accordance with the approved Traffic
Impact Study and associated Master Street Plan.
4. The developer shall dedicate right-of-way and construct 63rd Avenue in accordance
with the approved Traffic Impact Study and associated Master Street Plan.
Development THE DEVELOPER will be responsible for associated General Plan
Amendment to the Street Classification Map, AS DETERMINED BY THE
APPROVED TRAFFIC IMPACT STUDY.
5. The developer shall dedicate right-of-way and construct Olney Avenue in
accordance with the approved Traffic Impact Study and associated Master Street
Plan.



Page 547
Addendum A to the Staff Report Z-1-21-7
September 2, 2021


6. The developer shall submit Master Street Plan, Phasing Plan and Trails Plan as
required by the Planned Community District (PCD), Section 636 of the Phoenix
Zoning Ordinance, as approved by the Street Transportation Department and
Planning and Development Department.
7. The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City. Contact the Street Transportation Department
to set up a meeting to discuss the requirements of the study. The TIS shall include
signal warrant analysis of abutting and nearby intersection effected as part of this
development. The developer shall be responsible for any additional dedications and
cost of improvements as required by the approved TIS.
8. The developer shall be responsible for the installation of traffic signals and or
escrow funds as identified within the traffic IMPACT study and approved Master
Street Plan.
9. Existing irrigation facilities along any existing and or proposed right-of-way are to be
undergrounded and relocated outside of City right-of-way. Contact SRP to identify
existing land rights and establish the appropriate process to relocate facility.
Relocations that require additional dedications or land transfer require completion
prior to obtaining plat and/or civil plan review approval.
10. Connection of trails shall be made to collector streets through clearly defined
bicycle and pedestrian routes. Local street connections alone are insufficient to
provide this connectivity. This connectivity shall be addressed through the Trails
Master Plan.
11. The developer shall construct all streets within and 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 the current ADA Guidelines.
12. 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.

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.




Page 548
Addendum A to the Staff Report Z-1-21-7
September 2, 2021


13. 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.
14. 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.
15 PRIOR TO THE SUBMITTAL OF PRELIMINARY SITE PLAN APPLICATIONS TO
13. THE PLANNING AND DEVELOPMENT DEPARTMENT, THE DEVELOPER
SHALL PROVIDE PULTE HOMES WITH A COPY OF ITS SITE PLAN FOR ANY
BUILDING WITHIN 500 FEET OF THE 67TH AVENUE ALIGNMENT, FOR THE
LENGTH OF THE PROPERTY.




Page 549
Attachment G


REPORT OF PLANNING COMMISSION ACTION
September 2, 2021

ITEM NO: 8
DISTRICT NO.: 7
SUBJECT:

Application #: Z-1-21-7 (Companion Case GPA-LV-1-21-7) (Dobbins Industrial and Tech
Park PUD)
Location: Southwest corner of 63rd Avenue and the South Mountain Avenue
alignment
From: S-1 (Approved R1-8 PCD), S-1 (Approved R-2 PCD), and S-1 (Approved
C-1 PCD)
To: PUD
Acreage: 250.18
Proposal: Planned Unit Development to allow industrial and technology business
park that will allow warehouse and office uses
Applicant: Adam Baugh, Withey Morris, PLC
Owner: Williams Family Living 1996 Trust
Representative: Adam Baugh, Withey Morris, PLC

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Laveen 3/15/2021 Information Only.
Laveen 6/14/2021 Information Only.
Laveen 8/9/2021 Approval, per the staff recommendation with additional stipulations.
Vote: 11-0.

Planning Commission Recommendation: Approval, per the Addendum A Staff Report, with an
additional stipulation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve Z-1-21-7, per the
Addendum A Staff Report, with the additional stipulation as read into the record.

Maker: Howard
Second: Perez
Vote: 9-0
Absent: None
Opposition Present: No

Findings:

1. The PUD provides a framework for the development of the site and positions the area
for future investment. It will also help further the goal of the city’s Community and
Economic Development Department of creating a high technology employment corridor



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along the Loop 202 freeway.

2. The PUD will help establish the site as a destination for employment uses that maximize
the site’s proximity to existing transportation infrastructure.

3. The PUD contains standards that ensure development on the site will be
consistent with the area’s character and compatible with surrounding uses. Additionally,
it sets forth design standards for the Dobbins Road frontage that pays homage to
Laveen’s agricultural heritage.

Stipulations:

1. An updated Development Narrative for the Dobbins Industrial and Tech Park PUD
reflecting the changes approved through this request shall be submitted to the Planning
and Development Department within 30 days of City Council approval of this request.
The updated Development Narrative shall be consistent with the Development Narrative
date stamped July 13, 2021, as modified by the following stipulations:

a. Front cover: Revise the submittal date information on the bottom to add the
following: Hearing draft submittal: July 13, 2021; City Council adopted:
[Add adoption date].




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b. Page 4, List of Uses, Not Permitted: Replace existing verbiage with the
following:

For the purposes of this PUD a distribution facility is defined as a business
that receives packages, sorts, and delivers them without product storage.
Distribution as an accessory use is permitted when it occurs from a
manufacturing facility or a warehouse where a product is made, assembled
or packaged.

Distribution facilities as a primary use shall not be permitted within 500 feet
of the property line along Dobbins Road.

THERE SHALL BE NO DISTRIBUTION FACILITIES AS DEFINED BY
THIS PUD WITHIN 500 FEET OF 67TH AVENUE, BETWEEN DOBBINS
ROAD AND MCCLELLAN RANCH ROAD.

For the remainder of the Phase 1 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities as a primary use are permitted as follows:

- No distribution facilities as a primary use are permitted for a time period of
3 years from the certificate of completion of the first building completed
within the Phase 1 area.

- After 3 years from the first building’s certificate of completion, a maximum
of 50% of the total building area for the Phase I area may be utilized for
distribution facility as a primary use.

For the remainder of the Phase 2 area, as depicted in Exhibit 7 – Phasing
Plan, distribution facilities are permitted as follows:

- No distribution facilities as a primary use are permitted for a time period of
3 years from the certificate of completion of the first building completed
within the Phase 2 area.

- After 3 years from the first building’s certificate of completion, a maximum
of 50% of the total building area for the Phase 2 area may be utilized for
distribution facility as a primary use.

- After 6 years from the first building’s certificate of completion, the balance
of the Phase 2 building area may be utilized for distribution facility as a
primary use.

C. PAGE 5, BUILDING SETBACK, OVERALL PERIMETER & INTERIOR,
ADJACENT TO RESIDENTIAL: ADD A NOTE UNDER THE FIRST
BULLET THAT READS AS FOLLOWS: “IN THE EVENT THAT A
PERIMETER PROPERTY LINE IS NOT ADJACENT TO A STREET, THE
PERIMETER BUILDING SETBACKS SHALL BE MEASURED STARTING AT
30 FEET FROM THE PROPERTY LINE.”




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D. PAGE 7, MINIMUM LANDSCAPE SETBACKS, B) OVERALL PERIMETER
& INTERIOR, ADJACENT TO RESIDENTIAL: ADD A NOTE UNDER THE
FIRST BULLET THAT READS AS FOLLOWS: “IN THE EVENT THAT A
PERIMETER PROPERTY LINE IS NOT ADJACENT TO A STREET, THE
PERIMETER LANDSCAPE SETBACKS SHALL BE MEASURED STARTING
AT 30 FEET FROM THE PROPERTY LINE.”

E. c. Page 11, Site Design/Development: Please include the following as an
additional bullet point: “Where pedestrian pathways cross drive aisles, they
shall be constructed of decorative pavers, stamped or colored concrete, or
other pavement treatments that visually contrast with the adjacent parking
and drive aisle surfaces, as approved by the Planning and Development
Department.”

2. The developer shall dedicate and construct the following along Dobbins Road:

a. Fifty-five feet of right-of-way for the south side, west of 67th Avenue, per
Cross Section C Standards.

b. Fifty-five feet of right-of-way for the north and south half between 67th
Avenue and the south eastern development boundary (65th Avenue
alignment), per Cross Section C Standards. Development shall be
responsible for any dedication and improvements for intersection designs.

c. Right-of-way dedication and construction to be consistent with the approved
Traffic Impact Study and Master Street Plan for the north side of Dobbins
Road between 65th Avenue alignment and 63rd Avenue.

3. The developer shall dedicate right-of-way and construct the east half of 67th Avenue for
the full limits of the project, in accordance with the approved Traffic Impact Study and
associated Master Street Plan.

4. The developer shall dedicate right-of-way and construct 63rd Avenue in accordance with
the approved Traffic Impact Study and associated Master Street Plan. Development
THE DEVELOPER will be responsible for associated General Plan Amendment to the
Street Classification Map, AS DETERMINED BY THE APPROVED TRAFFIC IMPACT
STUDY.

5. The developer shall dedicate right-of-way and construct Olney Avenue in accordance
with the approved Traffic Impact Study and associated Master Street Plan.

6. The developer shall submit Master Street Plan, Phasing Plan and Trails Plan as required
by the Planned Community District (PCD), Section 636 of the Phoenix Zoning
Ordinance, as approved by the Street Transportation Department and Planning and
Development Department.




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7. The applicant shall submit a Traffic Impact Study (TIS) to the City for this development.
No preliminary approval of plans shall be granted until the study is reviewed and
approved by the City. Contact the Street Transportation Department to set up a meeting
to discuss the requirements of the study. The TIS shall include signal warrant analysis of
abutting and nearby intersection effected as part of this development. The developer
shall be responsible for any additional dedications and cost of improvements as required
by the approved TIS.

8. The developer shall be responsible for the installation of traffic signals and or escrow
funds as identified within the traffic IMPACT study and approved Master Street Plan.

9. Existing irrigation facilities along any existing and or proposed right-of-way are to be
undergrounded and relocated outside of City right-of-way. Contact SRP to identify
existing land rights and establish the appropriate process to relocate facility. Relocations
that require additional dedications or land transfer require completion prior to obtaining
plat and/or civil plan review approval.

10. Connection of trails shall be made to collector streets through clearly defined bicycle and
pedestrian routes. Local street connections alone are insufficient to provide this
connectivity. This connectivity shall be addressed through the Trails Master Plan.

11. The developer shall construct all streets within and 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 the current ADA Guidelines.

12. 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.

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.

13. 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.

14. 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.




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15 13. PRIOR TO THE SUBMITTAL OF PRELIMINARY SITE PLAN APPLICATIONS TO THE
PLANNING AND DEVELOPMENT DEPARTMENT, THE DEVELOPER SHALL
PROVIDE PULTE HOMES WITH A COPY OF ITS SITE PLAN FOR ANY BUILDING
WITHIN 500 FEET OF THE 67TH AVENUE ALIGNMENT, FOR THE LENGTH OF THE
PROPERTY.

16. 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.

This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 495-5622, TTY use 7-1-1.




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Attachment H
Racelle Escolar

From: KIM Domovich
Sent: Sunday, August 29, 2021 4:12 PM
To: PDD Planning Commission
Subject: agenda items 5,6,7,8 and 11



For your consideration,
We are opposed to the increased residential changes in items on the agenda, 5,6,7,8 and 11, requesting
zoning changes. In the Laveen and Estrella village areas we do not have the infrastructure to support the
existing residents. The incredible amount of people that would be expected to support the many units planned
by developers would completely stagger our schools, streets, emergency and safety officers, etc. We beg
some consideration and no approvals be made until a plan to support the influx of people is studied and made
operational.

Thank you,
Kim and Michael Domovich
Laveen, 85339




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Report

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Item text
Consideration of Prevailing Wage Ordinance

On Sept. 30, 2021, Vice Mayor Carlos Garcia and Council Members Laura Pastor,
Betty Guardado and Yassamin Ansari submitted a memo to City Manager Ed Zuercher
requesting to "add the attached Prevailing Wage Ordinance to the Formal Council
Meeting agenda on Wednesday, October 6, 2021" (Attachment A). According to the
Rules of Council Proceedings, Rule 2(c), the City Manager will place this item on the
Oct. 6, 2021 Formal agenda.

This item permits the City Council to discuss this proposal submitted by four Council
Members. The attached proposed resolution/ordinance can be used for purposes of
discussion of a City prevailing wage ordinance applicable to construction workers on
City projects and the provisions to be included in such an ordinance. The attached
proposed resolution/ordinance was not prepared by the City's Law Department and
has not been approved as to legal form, so the City Council cannot take action
regarding adoption of the attached proposed ordinance at this meeting. However, the
prevailing wage ordinance consistent with, and as similar as possible to, the attached
proposed resolution/ordinance that could be acted on at the next available Council
meeting.

Responsible Department
This item is submitted by the City Manager's Office.




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Attachment A




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Item text
***REQUEST TO ADD-ON (SEE ATTACHED MEMO)*** Purchase Supply of
Water/Wastewater Disinfectant - Amendment 2 (Ordinance S-48014)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 144726 with DPC Enterprises, Inc. to provide additional time and funding.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures for goods included in this amendment will not
exceed $4,954,572.

Summary
The purpose of this amendment is to continue to provide the Water Services
Department's Water Production and Wastewater Treatment plants with a supply of
water/wastewater disinfectant. The market is experiencing supply chain disruptions as
a result of the current economic environment and COVID-19 pandemic, which has
resulted in extended lead times, high or frequent manufacturer price increases, inflated
freight costs, and supply and demand issues. In June 2021, a competitive process was
conducted and canceled due to bid price increases that were significantly higher than
the previous contract price. As a result, the Water Services Department has
determined that a competitive solicitation process will not result in a best price or best
value award for the City at this time. Extending the current agreement and adding
funds for immediate and future use, will ensure the Water Services Department
continues to provide safe and reliable water services to our customers without any
disruptions in service.

Contract Term
The agreement’s term will be extended by two years to March 31, 2024.

Financial Impact
The initial authorization for the Water/Wastewater Disinfectant agreement was
authorized for an expenditure not-to-exceed $4.3 million. Amendment 1 increased the
authorization for the agreement by $553,000. This amendment will increase the
authorization for agreement’s cost by an additional $4,954,572 for a new total not-to-
exceed agreement value $9,807,572.

Funding is available in the Water Services Department's Operating budget.


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Concurrence/Previous Council Action
The City Council approved:
· Water/Wastewater Disinfectant Agreement 144726 (Ordinance S-43355) on March
22, 2017; and
· Water/Wastewater Disinfectant Agreement 144726 - Amendment (Ordinance S-
47419) on April 7, 2021.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




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Item text
***REQUEST TO ADD-ON (SEE ATTACHED MEMO)*** Consideration of Reviewing
Current Regulations on Parks

On Oct. 4, 2021, Council members Ann O'Brien, Jim Waring and Sal DiCiccio
submitted a memo to City Manager Ed Zuercher requesting to "add for discussion and
possible action regarding our current regulations surrounding parks and CDC
guidelines to the Oct 6th, City Council Formal Meeting agenda" (Attachment A).
According to the Rules of Council Proceedings, Rule 2(c), the City Manager will place
this item on the Oct. 6, 2021 Formal agenda.

As reference, attached is the emergency declaration under which the City has been
operating since March 16, 2021 (Attachment B).

Responsible Department
This item is submitted by the City Manager's Office.




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Attachment A




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ATTACHMENT B




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115 item(s)