For Approval or Correction, the Minutes of the Formal Meeting on Oct. 21, 2020

Summary
This item transmits the minutes of the Formal Meeting of Oct. 21, 2020, for review,
correction and/or approval by the City Council.

The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 9



Report

to Boards and Commissions

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.




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ATTACHMENT A




To: City Council Date: November 2, 2022
From: Mayor Kate Gallego

Subject: *REVISED FOR ADD-ON: BOARDS AND COMMISSIONS – APPOINTEES

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

*Paradise Valley Village Planning Committee

Councilman Jim Waring recommends the following for appointment:

Anna Sepic
Ms. Sepic is the Vice President of Levrose Commercial Real Estate and a resident of
District 2. She fills a vacancy for a term to expire November 19, 2023.

Phoenix Business and Workforce Development Board

I recommend the following for appointment:

Suzanna Armijo
Ms. Armijo is a Vocational Rehabilitation Supervisor for the Rehabilitation Services
Administration in the Arizona Department of Economic Security. She replaces Jon
Ellerston as the Vocational Rehabilitation representative and will fulfill his term to expire
June 30, 2025.

Phoenix Youth and Education Commission

I recommend the following for appointment:

Jeff Golner
Mr. Golner is the President and Chief Executive Officer at STEM Sports. He fills a
vacancy for a term to expire August 31, 2025.




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Report

Liquor License - Mi Pueblo Market #2

Request for a liquor license. Arizona State License Application 206503.

Summary

Applicant
Gilda Ralon, Agent

License Type
Series 10 - Beer and Wine Store

Location
2902 E. Greenway Road
Zoning Classification: C-2
Council District: 2

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.

The 60-day limit for processing this application is Nov. 8, 2022.

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 information is not provided due to the multiple ownership interests held by the


Page 12

applicant in the State of Arizona.

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 the Capability, Reliability to hold a liquor license because I currently hold 4
series 10 license and one series 12 . Two are in Mesa, Az and four are in Phoenix,AZ.
I have been operating a liquor licenses since 2016 with no violations. I follow all laws
and make sure all my stores and restaurants follow the regulations and responsibilities
of holding a liquor license.”

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

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Mi Pueblo Market #2
Liquor License Map - Mi Pueblo Market #2

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 13
Liquor License Data: MI PUEBLO MARKET #2
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 0

Liquor Store 9 8 4

Beer and Wine Store 10 7 1

Restaurant 12 10 2

Club 14 1 0



Crime Data

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

Property Crimes 55.33 62.20 73.35

Violent Crimes 10.50 9.68 12.63

*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 51 89

Total Violations 88 169




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Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1033023 1946 82 % 2% 19 %

1033033 1037 75 % 23 % 0%

1033041 1926 47 % 13 % 34 %

1033042 1219 2% 16 % 38 %

1033043 1952 26 % 28 % 48 %

1033052 2333 59 % 9% 30 %

1033061 921 18 % 28 % 32 %

1033062 2272 17 % 22 % 37 %

1035011 1381 67 % 5% 23 %

1035012 999 80 % 8% 26 %

1035013 1038 66 % 0% 40 %

Average 61 % 13 % 19 %




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Liquor License Map: MI PUEBLO MARKET #2
2902 E GREENWAY RD




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Report

Liquor License - Trevor's

Request for a liquor license. Arizona State License Application 207203.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant

Location
7000 E. Mayo Blvd., Bldg. 25
Zoning Classification: PUD PCD
Council District: 2

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. This business
is currently being remodeled with plans to open December 2022.

The 60-day limit for processing this application is Nov. 14, 2022.

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 information is listed below and includes liquor license violations on file with the AZ


Page 17

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.

Trevor's (Series 7 and 9)
7340 E. Mcdowell 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:
“Applicant is an experienced licensee committed to upholding the highest standards to
maintain compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Trevor's will open its second valley retail store, offering a wide range of beer, wine,
and spirits.”

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 - Trevor's
Liquor License Map - Trevor's

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 18
Liquor License Data: TREVORS
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 7 5

Liquor Store 9 2 2

Hotel 11 1 1

Restaurant 12 25 21


Crime Data

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

Property Crimes 55.33 24.49 11.99

Violent Crimes 10.50 2.62 0.74

*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 50 0

Total Violations 87


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: TREVORS
7000 E MAYO BLVD




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Report

Liquor License - Trevor's

Request for a liquor license. Arizona State License Application 009070018953 and
009070018953S

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 9 and 9S - Liquor Store with Sampling Privileges

Location
7000 E. Mayo Blvd., Bldg. 25
Zoning Classification: PUD PCD
Council District: 2

This request is for an ownership transfer of a liquor license for a liquor store. This
business is currently being remodeled with plans to open December 2022.

The 60-day limit for processing this application is Nov. 18, 2022.

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 21

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.

Trevor's (Series 7 and 9)
7340 E. McDowell 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:
“Applicant is an experienced licensee committed to upholding the highest standards to
maintain compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Trevor's will provide a family-friendly, neighborhood restaurant offering a variety of
pizzas, sandwiches and salads in a relaxing atmosphere. Applicant would like to offer
alcoholic beverages to guests 21 and over.”

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 - Trevor's
Liquor License Map - Trevor's

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.


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Liquor License Data: TREVOR'S
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 7 5

Liquor Store 9 1 1

Hotel 11 1 1

Restaurant 12 25 21


Crime Data

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

Property Crimes 55.33 24.49 11.99

Violent Crimes 10.50 2.62 0.74

*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 50 0

Total Violations 88


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: TREVOR'S
7000 E MAYO BLVD




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Report

Liquor License - Special Event - Free Serbian Orthodox Church St. Nicholas

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

Summary

Applicant
Stanislav Duric

Location
11640 N. 16th Place
Council District: 3

Function
Dinner

Date(s) - Time(s) / Expected Attendance
Nov. 12, 2022 - 8 p.m to 1 a.m. / 300 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




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Report

Liquor License - Reinas De Las Pupusas Restaurant

Request for a liquor license. Arizona State License Application 207058.

Summary

Applicant
Katherine Miron, Agent

License Type
Series 12 - Restaurant

Location
2308 W. Northern Ave.
Zoning Classification: C-2
Council District: 5

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 Nov. 13, 2022.

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 26


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 the necessary steps to be a responsible liquor license holder and taken
the time to train my self above and beyond the state requirements.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“this can be a social gathering place for adult individuals to come in and dine.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Reinas De Las Pupusas Restaurant
Liquor License Map - Reinas De Las Pupusas Restaurant

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




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Liquor License Data: REINAS DE LAS PUPUSAS
RESTAURANT
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 1

Beer and Wine Bar 7 1 1

Liquor Store 9 3 1

Beer and Wine Store 10 9 3

Restaurant 12 5 1



Crime Data

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

Property Crimes 55.33 8.46 11.14

Violent Crimes 10.50 4.72 7.11

*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 50 92

Total Violations 87 182




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Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1055011 1055 38 % 6% 59 %

1055012 1442 0% 11 % 38 %

1055021 777 0% 25 % 45 %

1055031 93 0% 24 % 67 %

1055032 782 25 % 26 % 16 %

1055033 2109 1% 18 % 38 %

1056012 1895 76 % 6% 27 %

1059001 1697 50 % 0% 42 %

1060011 1487 31 % 17 % 50 %

1060021 1678 27 % 14 % 27 %

1060022 872 25 % 29 % 35 %

Average 61 % 13 % 19 %




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Liquor License Map: REINAS DE LAS PUPUSAS RESTAURANT
2308 W NORTHERN AVE




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Report

Liquor License - Hamburguesas Y Cervezas

Request for a liquor license. Arizona State License Application 206687.

Summary

Applicant
Randy Bortin, Agent

License Type
Series 12 - Restaurant

Location
888 N. 1st Ave., Ste.114
Zoning Classification: DTC - Downtown Gateway
Council District: 7

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. This location
requires a Use Permit to allow outdoor liquor service.

The 60-day limit for processing this application is Nov. 12, 2022.

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


Page 31

Arizona.

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 possessed a series 12 license for 6 years from 2016 to 2022. I respect the
privilege and do my best to abide by all laws, rules and regulations pertaining to this
priviledge.”

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 a great addition to the Roosevelt Arts District providing mexican inspired
food and culture.”

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 - Hamburguesas Y Cervezas
Liquor License Map - Hamburguesas Y Cervezas

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




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Report

Liquor License - Special Event - Credit4Vets Org

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

Summary

Applicant
Anthony Romero

Location
1501 E. Mohave St.
Council District: 8

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 19, 2022 - 10 a.m. to 7 p.m. / 1,300 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




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Report

Liquor License - Que Sazon

Request for a liquor license. Arizona State License Application 209777.

Summary

Applicant
Julie Ocampo, Agent

License Type
Series 12 - Restaurant

Location
622 E. Adams St.
Zoning Classification: DTC-Business Core
Council District: 8

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 Nov. 14, 2022.

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 37


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 had several years of experience in Restaurants as well as serving alcohol. I
have owned two foodtrucks over the last 6 years.and maintained a professional and
responsible business attitude and integrity.”

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 bringing a South American cuisine to the Heritage Square Community. We will
have a lot of diversity and culture. Our food will compliment the Italian and African
cuisine that is next door.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Que Sazon
Liquor License Map - Que Sazon

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 38
Liquor License Data: QUE SAZON
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 3 0

Wholesaler 4 1 1

Government 5 8 6

Bar 6 43 19

Beer and Wine Bar 7 13 5

Liquor Store 9 3 1

Beer and Wine Store 10 14 1

Hotel 11 6 3

Restaurant 12 93 33

Club 14 1 0


Crime Data

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

Property Crimes 55.33 723.24 1309.44

Violent Crimes 10.50 151.61 252.01

*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 50 62

Total Violations 88 109




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Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1131002 1242 3% 7% 33 %

1132021 731 33 % 20 % 74 %

1132022 1257 47 % 29 % 55 %

1140001 1831 25 % 20 % 47 %

1140002 78 77 % 0% 32 %

1141001 2299 16 % 37 % 44 %

1142001 1321 36 % 22 % 50 %

Average 61 % 13 % 19 %




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Liquor License Map: QUE SAZON
622 E ADAMS ST




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PAYMENT ORDINANCE (Ordinance S-49119) (Items 11-15)

11 Arizona Department of Revenue
For $1,077,585.10 in payment authority for the statutory fee assessed to
local governments for Fiscal Year 2022-23 for the Finance Department.
The funds will be used to recover a portion of the administrative,
development, and other operating costs incurred in implementing the
State's Integrated Tax System Modernization Project, pursuant to A.R.S.
42-5041 through the passage of House Bill 2871 in 2022.


12 Arizona Forward Association
For $25,000.00 in payment authority for the City's membership renewal
and continued participation as a Visionary member of Arizona Forward for
Fiscal Year 2022-23 for the City Manager's Office. Arizona Forward's 200
members include businesses, government agencies, nonprofit
organizations and 17 municipalities including the City of Phoenix, which
has been a member of Arizona Forward since 1990 and a Visionary
member since 2007.

13 Levi, Ray & Shoup, Inc.
For $62,763.99 in additional payment authority under Contract 103651 for
annual system maintenance costs for the Retirement Department. The
costs are for the public safety portion of the system only. The increased
spending authority is necessary as the annual maintenance costs for this
system are dependent on many factors such as the number of
active-retired employees and basic system support required. The annual
maintenance costs were approved by the Phoenix Fire and Police Local
Retirement Boards at their Oct. 4, 2022, board meeting.

14 Wilson Engineers, LLC
For $29,000.00 in additional payment authority for Contract 147217 for


Page 42

additional construction administration and special inspection for the Water
Services Department. The construction administration and special
inspection is necessary for installation of new grit basins to remove solids
from wastewater by gravitational settling in support of the 23rd Avenue
Wastewater Treatment Plant Grit Basin Replacement project. The
complexity of this project and findings during project demolition, requires
additional construction support. The project will use funds from the Water
Services Department's Capital Improvement budget; no General Funds
are required.

15 Salt River Project Agricultural Improvement and Power
District doing business as SRP
For $38,810.00 in payment authority to reimburse Salt River Project
(SRP) for irrigation design completed for the Street Transportation
Department. The reimbursement is for the SRP portion of the 43rd
Avenue and Thomas Road project ST85100408.




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Report

Acceptance and Dedication of an Easement for Sidewalk Purposes (Ordinance S
-49126)

Request for the City Council to accept and dedicate an easement for sidewalk
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: Native American Connections, Inc., its successor and assigns
Purpose: Sidewalk
Location: 3406 N. 3rd St.
File: FN 220077
Council District: 4

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




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Report

Acquisition of Real Property for High-Intensity Activated CrossWalK Signals at
Various Locations (Ordinance S-49133)

Request to authorize the City Manager, or his designee, to acquire all real property
and related property interests required by donation, purchase within the City's
appraised value, or by the power of eminent domain for High-Intensity Activated
CrossWalK signals at various locations. Further request to authorize dedication of land
with roadway and/or public improvements to public use for right-of-way purposes via
separate recording instrument. Further request authorization for 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 to enhance pedestrian safety. Improvements include illuminated
crosswalks, American with Disabilities Act compliant sidewalks, and pedestrian signals.
The locations for the HAWK signals were identified based on transit bus stops; access;
and connections to residential homes, park, office buildings, shopping centers, and
schools.

The projects will enhance pedestrian crossing safety at the following locations:
1. Indian School Road between 33rd Drive and 31st Avenue
2. McDowell Road between 3rd and 7th streets
3. Southern Avenue and Montezuma Street
4. Thomas Road between 32nd and 39th streets
5. 27th Avenue between Hazelwood Street and Highland Avenue

The parcels affected by this project are identified in Attachment A.

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

Location
Various Locations
Council Districts: 4, 7 and 8


Page 45


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




Page 46
Attachment A
Property Identification

Acquisition of Real Property for High-Intensity Activated Crosswalk Signals at
Various Locations
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
108-01-166R 33rd Avenue and Indian School Road
113-40-028 234 W. Southern Ave.
114-03-100 6001 S. Montezuma St.
118-54-110A 340 E. McDowell Road
127-30-042B 3434 E. Thomas Road
154-12-042A Northeast corner 27th Avenue and Hazelwood Street
154-24-032A 3140 W. Indian School Road
154-24-052 3208 W. Indian School Road




1 of 1
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Report

Federal Lobbying and Advocacy Services Contract RFP 22-130 - Request for
Award (Ordinance S-49123)

Request to authorize the City Manager, or his designee, to enter into contract with
Holland & Knight LLP to provide federal lobbying services for the Office of Government
Relations. Further request to authorize the City Controller to disburse all funds related
to this item. The total value of the contract will not exceed $1,380,000.

Summary
This contract will provide the Office of Government Relations federal lobbying and
advocacy services in key issues regarding public safety, community development,
transportation, environment and water sustainability. In addition, the contractor will
assist in the development and implementation of the City's Federal Legislative Agenda,
provide briefings to key City stakeholders during the federal legislative session and
provide insight and guidance related to important federal legislative bills, amendments
and developments.

Procurement Information
A Request for Proposal procurement was processed in accordance with City of
Phoenix Administrative Regulation 3.10.

Three vendors submitted proposals deemed responsive and responsible. An
evaluation committee of City staff evaluated those offers based on the following criteria
with a maximum possible point total of 1,000:

Method of Approach (0-450 points);
Experience and Qualifications (0-325 points); and
Price (0-225 points).

After reaching consensus, the evaluation committee recommends award to the
following vendor:

Holland & Knight LLP - 842 total points




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Contract Term
The contract will begin on or about Dec.1, 2022, for a two-year term with three one-
year options to extend.

Financial Impact
The aggregate contract value will not exceed $1,380,000.

Funding is available in the Office of Government Relations budget.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Office of Government
Relations.




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Report

Bicycles, Parts, Accessories, Repair and Maintenance - IFB 18-174 - Amendment
(Ordinance S-49124)

Request to authorize the City Manager, or his designee to allow additional
expenditures under Contract 148637 with Landis Cyclery Inc. for the purchase of
Bicycles, Parts, Accessories, Repair and Maintenance for Citywide departments.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $66,000.

Summary
This contract will provide the City's essential workers with bicycles, parts, accessories,
and repair and maintenance services to ensure bicycles are in optimal working
condition for the safety of employees who use them in performance of daily
responsibilities. Due to the recent need to replace aging equipment and increased
pricing for many items, the original funds are insufficient for the remaining contract
term. The main users of this contract are the Phoenix Convention Center, Aviation,
Fire, Housing, Parks and Recreation, Police, and Public Transit departments.

Contract Term
The contract term remains unchanged, ending on Oct. 31, 2023.

Financial Impact
Upon approval of $66,000 in additional funds, the revised aggregate value of the
contract will not exceed $166,000. Funds are available in the various departments'
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Bicycles, Parts, Accessories, Repair and maintenance Contract 148637 (Ordinance S
-45023) on Oct. 3, 2018

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




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Report

Marketing Services - Amendment - ADSPO 16145339 (Ordinance S-49129)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 149535 with Riester Sonoran, LLC for the purchase of
graphic designs and marketing services for Aviation, Community and Economic
Development and Government Relations departments. Further request to authorize
the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $275,000.

Summary
This contract provides interactive marketing services, including website design,
graphic designs, advertising and public relations services for the City. The additional
funds will allow the Aviation and Community and Economic Development departments
to utilize this contract to meet unanticipated graphic designs and creative marketing
needs. These funds are necessary for vital graphic design services needed for a
number of projects required to promote the airport systems and services.

Contract Term
The contract term remains unchanged, ending on March 20, 2024.

Financial Impact
Upon approval of $275,000 in additional funds, the revised aggregate value of the
contract will not exceed $4,455,960. Funds are available in the Aviation and
Community and Economic Development departments' budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Marketing Services Contract 149535 (Ordinance S-45442) on March 20, 2019;
• Marketing Services Contract 149535 (Ordinance S-45967) on Aug. 28, 2019;
• Marketing Services Contract 149535 (Ordinance S-47183) on Dec. 16, 2020;
• Marketing Services Contract 149535 (Ordinance S-46605) on May 6, 2020;
• Marketing Services Contract 149535 (Ordinance S-47321) on Feb. 17, 2021;
• Marketing Services Contract 149535 (Ordinance S-47708) on June 16, 2021;
• Marketing Services Contract 149535 (Ordinance S-48190) on Dec. 15, 2021;
• Marketing Services Contract 149535 (Ordinance S-48866) on July 1, 2022.


Page 51


Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Ginger Spencer
and the Aviation and Community and Economic Development departments.




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Report

Statewide Foreign Language Interpretation and Translation Services - ADSPO 13
-00002842 - Amendment (Ordinance S-49131)

Request to authorize the City Manager, or his designee to allow additional
expenditures under Contracts 147848 with PCI&TS, LLC and 147849 with AT
Translators, LLC for the purchase of Statewide Foreign Language Interpretation and
Translation Services for Citywide departments. Further request to authorize the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $371,031.

Summary
This contract will provide the City with in-person, telephone and written interpretation
and translation services on an as-needed basis. Interpreter and translation services
are provided during public, private and community meetings and events in addition to
emergency and non-emergency situations such as natural disasters and to provide
support for an increase in call volume from the general public. This contract will be
utilized extensively for the General Obligation (GO) Bond program, and the Mayor and
be used for the Parks and Recreation Department's Partners Program, allowing on-site
interpreters to provide translation services, as required by law. Main users of this
contract include the Communications Office and Office of Environmental Programs,
and the Housing, Human Services, Parks and Recreation, Police, Neighborhood
Services, City Clerk, and Budget and Research departments.

Contract Term
The contract term remains unchanged, ending on April 17, 2023.

Financial Impact
Upon approval of $371,031 in additional funds, the revised aggregate value of the
contract will not exceed $897,109. Funds are available in various departments'
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Statewide Foreign Language Interpretation and Translation Services Contract


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147848 (Ordinance S-44495) on April 18, 2018;
• Statewide Foreign Language Interpretation and Translation Services Contract
147849 (Ordinance S-46961) on Oct. 07, 2020.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




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Report

AV Equipment and Services - ADSPO17-00007302 - Amendment (Ordinance S-
49132)

Request to authorize the City Manager, or his designee, to execute amendments to
Contracts 147009 with Bluum USA, Inc., 147007 with Commercial Computer Services,
Inc. dba CCS Presentation Systems, 147438 with Ford Audio-Video Systems, LLC,
155410 with IES Communications, LLC, 147008 with Inter Technologies Corporation,
147011 with Level 3 Audio Visual, LLC, and 147010 with Presentation Products, Inc.
dba Spinitar to extend the contract term. Further request to authorize the City
Controller to disburse all funds related to this item. No additional funds are needed,
request to continue using ordinance S-44246.

Summary
This contract will provide the City with a broad range of audio and video equipment
and professional engineer services. Contractors will continue providing essential
services and equipment for the Emergency Operations Center, 911 Operations,
PHXTV, Know99, City Council Assembly Rooms and Council Chambers, as well as
direct engineering support, such as analysis, design, and configuration of existing
systems. This contract extension will allow a new procurement to be completed without
a lapse in services. The main users of this contract include the Communications Office
and Office of Environmental Programs, and the Housing, Human Services, Parks and
Recreations, Police, Neighborhood Services, City Clerk, and Budget and Research
departments.

Contract Term
Upon approval the contract will be extended through Aug. 11, 2023

Financial Impact
The aggregate value of the contract will not exceed $7,450,000 and no additional
funds are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• AV Equipment and Services Contracts 147009, 147007, 147438, 155410, 147008,
147011, 147010 (Ordinance S-44246) on Jan. 24, 2018;


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• AV Equipment and Services Contract 147010 (Ordinance S-45757) on June 5, 2019;
• AV Equipment and Services Contracts 147009, 147007, 147438, 147008, 147011,
147010 (Ordinance S-46260) on Dec. 18, 2019;
• AV Equipment and Services Contract 155410 (Ordinance S-47907) on Sept. 8, 2021.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




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Report

State Legislative Lobbying Services Contract RFP 23-028- Request for Award
(Ordinance S-49134)

Request to authorize the City Manager, or his designee, to enter into contracts with
Highground, Inc. and Dorn Policy Group, Inc. to provide State Legislative Lobbying
Services for the Office of Government Relations. Further request to authorize the City
Controller to disburse all funds related to this item. The total value of the contracts will
not exceed $1,574,575.20.

Summary
This contract will provide the Office of Government Relations state legislative lobbying
services in key issues regarding aviation, criminal justice, water sustainability, public
safety, and general municipal issues. In addition, the contractor will assist in the
development and implementation of the City's State Legislative Agenda, provide
briefings to key City stakeholders during the state legislative session and provide
insight and guidance related to important state legislative bills, amendments and
developments.

Procurement Information
A Request for Proposal procurement was processed in accordance with City of
Phoenix Administrative Regulation 3.10.

Three vendors submitted proposals deemed responsive and responsible. An
evaluation committee of City staff evaluated those offers based on the following criteria
with a maximum possible point total of:

Method of Approach (0-450 points);
Experience and Qualifications (0-325 points); and
Price (0-225 points).

After reaching consensus, the evaluation committee recommends award to the
following vendors:

Highground, Inc. - 838 points
Dorn Policy Group, Inc. - 794 points


Page 57


Contract Term
The contracts will begin on or about Jan. 1, 2023 for a two-year term with three one-
year options to extend.

Financial Impact
The aggregate contracts value will not exceed $1,574,575.20.

Funding is available in the Office of Government Relations' budget.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Office of Government
Relations.




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Report

Bottled Water and Associated Products - IFB 18-215 - Amendment (Ordinance S-
49135)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 148572 with Bluetriton Brands, Inc., dba Readyrefresh for
the purchase of bottled water and associated products for Citywide use. Further
request to authorize the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $310,000.

Summary
This contract will provide the City with bottled water and related products where a
water supply is not readily accessible to help prevent heat-related illnesses for Police
Officers, Firefighters, and other City employees and residents. Bottled water is also
used at public gatherings and City-funded public events. The primary user
departments of this contract are Aviation, Fire, Police, and Water Services. This
contract is critical to the safety and health of the City's employees and residents by
helping prevent heat-related issues, especially during the City's hotter months of the
year.

Contract Term
The contract term remains unchanged, ending on Oct. 31, 2023.

Financial Impact
Upon approval of $310,000 in additional funds, the revised aggregate value of the
contract will not exceed $974,223. Funds are available in various departments'
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Bottled Water and Associated Products - Contract 148572 - Ordinance S-44997 on
Sept. 19, 2018;
• Bottled Water and Associated Products - Contract 148572 - Ordinance S-00019-AF
on Sept. 16, 2020;
• Bottled Water and Associated Products - Contract 148572 - Ordinance S-47868 on
Aug. 25, 2021.


Page 59


Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




Page 60



Report

Executive and Middle-Manager Search and Recruitment Services - RFQu HR 22-
006 Request for Award (Ordinance S-49142)

Request to authorize the City Manager, or his designee, to enter into contracts with
Accounting & Finance Professionals, Inc.; ADK Consulting, Inc.; Affion Public, LLC;
Cizek Associates, Inc.; Colin Baezinger & Associates; Smith Temporaries dba
CornerStone Staffing; Cooperative Personnel Services dba CPS HR Consulting;
GovHR USA, LLC; POLIHIRE Strategy Corp; Raftelis Financial Consultants, Inc.;
Ralph Andersen & Associates, Inc.;Talent Advisory Group, LLC; and WBPC, Inc. to
provide executive and middle-manager search and recruitment services for the Human
Resources Department. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contracts will not exceed $750,000.

Summary
On an as-needed basis, the Contractors will work with the Human Resources
Department's Talent Acquisition Division to conduct search and recruitment processes
to fill executive and/or middle-manager positions in one or more City departments. The
Contractors will conduct comprehensive searches and actively recruit diverse
applicants with exceptional qualifications from the national talent market, They will
assess and identify the most highly qualified candidates to the City hiring authority,
facilitate interview processes for top candidates, and coordinate background and
reference checks for selected candidates.

Procurement Information
A Request for Qualifications procurement was processed in accordance with
Administrative Regulation 3.10 to establish a Qualified Vendor List (QVL).

25 offerors submitted qualifications, and 13 were deemed to be responsive and
responsible. Procurement and Talent Acquisition staff evaluated those offers based on
the following minimum qualifications:

Offeror must have been in the business of conducting executive-level recruitments for
at least five years.
Offeror must have experience conducting executive-level recruitments for cities,
states, and/or other localities with populations over 200,000 residents.


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Offeror must have the ability and staff to complete the project objectives listed in this
solicitation.

Procurement recommends award to the following offerors:

Accounting & Finance Professionals, Inc.
ADK Consulting, Inc.
Affion Public, LLC
Cizek Associates, Inc.
Colin Baezinger & Associates
Smith Temporaries dba: CornerStone Staffing
Cooperative Personnel Services dba: CPS HR Consulting
GovHR USA, LLC
POLIHIRE Strategy Corp
Raftelis Financial Consultants, Inc.
Ralph Andersen & Associates, Inc.
Talent Advisory Group, LLC
WBPC, Inc.

Contract Term
The contracts will begin on or about Nov. 2, 2022, for a five-year term with no options
to extend.

Financial Impact
The aggregate contracts value will not exceed $750,000.

Funding is available in the various departments' operating budgets that will utilize the
contracts.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.




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Report

***ADDITIONAL INFORMATION (SEE ATTACHED MEMO)*** (CONTINUED FROM
OCT. 12, 2022) - Phoenix Park Ranger Program

On Oct. 10, 2022 Councilwoman Ann O'Brien, Councilman Jim Waring, Councilwoman
Debra Stark and Councilman Sal DiCiccio submitted a request (Attachment A) to the
City Manager to place an item on the Oct. 12, 2022 Formal City Council agenda. The
request is for the City Council to consider a vote to immediately place additional
security services in the Phoenix park system. The item titled Phoenix Park Ranger
Update was originally scheduled for discussion and possible action by the Community
and Cultural Investment Subcommittee on Oct. 5, 2022 and was withdrawn
(Attachment B).

This request is in compliance with Rule 2(c) of the Rules of Council Proceedings.

Responsible Department
This item is submitted by City Manager Jeffrey Barton.




Page 63
Inger Erickson,
To: Date: November 2, 2022
Deputy City Manager

Cynthia Aguilar,
From:
Parks and Recreation Director

ITEM 26 – PHOENIX PARK RANGER PROGRAM ADDITIONAL
Subject:
INFORMATION

This report provides additional information regarding staff efforts to address the
continued item regarding the Phoenix Park Ranger program and proposed security
services pilot program and related requests from the Oct. 12, 2022 Formal Council
Meeting.

BACKGROUND

An item titled Phoenix Park Ranger Update was originally scheduled for discussion and
possible action by the Community and Cultural Investment Subcommittee on Oct. 5,
2022. This item was withdrawn to allow staff time to perform further research and
analysis as requested by subcommittee members.

On Oct. 10, 2022, Councilwoman Ann O’Brien, Councilman Jim Waring, Councilwoman
Debra Stark and Councilman Sal DiCiccio submitted a request to the City Manager to
place this item on the Oct. 12, 2022 Formal City Council agenda for the City Council to
consider a vote to immediately place additional security services in the Phoenix park
system. This item was continued to the Nov. 2, 2022 Formal City Council Agenda.

DISCUSSION

Direction Received

At the Oct. 12 Formal City Council Meeting, staff was directed to return with a holistic
pilot program ensuring security and safety in City parks and to work with each Council
office during the continuance to ensure all voices are heard to create a well thought out
plan. During the continuance, staff performed additional research to further the
development of a pilot program and actively worked to meet with each Council Office to
gather feedback on the potential pilot program.
Current Ranger Program

The Parks and Recreation Department Natural Resources Division houses the City’s
Park Ranger program. Phoenix Park Rangers are divided into two related yet distinct
assignments: (1) rangers assigned to the mountain preserves and (2) rangers assigned
to urban parks. There are 88 full-time Park Rangers and 11 part-time Park Rangers
throughout the park system. At the time of this report, there are 15 Park Ranger
vacancies: two on the urban team and 13 on the mountain preserve ranger team.

Park Rangers assigned to urban parks support the City’s urban park system, which
consist of 185 flatland parks and designated bike paths and pedestrian tunnels
throughout the City. Rangers assist in the proactive education and enforcement of the
public on a daily basis, addressing the Code of Conduct Policy as well as other common
issues such as loitering in the park after hours, illegal vending, shopping carts, dogs off-
leash, smoking, drugs and paraphernalia, and unattended belongings. Rangers monitor
and enforce park rules, regulations and ordinances related to City park use and educate
park patrons not complying with these rules. Criminal citations for violation of City Code
ordinances or trespass notices through the Parks and Recreation Department's Code of
Conduct are issued when necessary. Rangers also assist park users with various
questions and requests and perform educational programming activities. Less than a
quarter of all public contacts made by Park Rangers are Code of Conduct related.
Ranger patrol coverage is seven days a week from 4 a.m. to 11 p.m.

Park Rangers assigned to the urban parks include one Park Supervisor, one Park
Manager, four Park Ranger III supervisors and 24 full-time Park Ranger IIs. A total of
eight of the 24 Park Ranger II positions were added during the Fiscal Year 2022-23
budget process. When fully staffed, six Park Ranger IIs will cover the morning shift from
4 a.m. to 2:30 p.m., and six Ranger IIs will cover the afternoon shift from 12:30 p.m. to
11 p.m. During a typical shift, this equates to having a total of six Park Rangers who ride
in pairs patrolling 185 parks throughout the city.

The Parks Rangers are an integral part of the PHX Community Action Response
Engagement Services (CARES) initiative, which focuses on efforts to reduce the impact
of homelessness in the City and addresses resident concerns related to unsheltered
individuals in neighborhoods. Rangers work with police and Community Bridges, Inc.
(CBI) staff on coordinated outreach opportunities utilizing a strategic approach that
identifies priority patrols via input from Parks and Recreation Department staff
throughout the City and Phoenix Police Department service calls. Ranger patrols afford
the opportunity to increase direct contact with individuals requiring services and the
ability to immediately provide information directly to the PHX CARES program and other
City departments, including Police, Human Services, Neighborhood Services and Street
Transportation.

The presence of Park Rangers helps improve guest satisfaction, as well as park safety,
attractiveness and usability. Objectives include maintaining safe and welcoming parks
for all residents and visitors. With Phoenix encompassing over 500 square miles and
185 urban parks, it continues to be challenging for Park Rangers to frequent parks in a
consistent manner.

Challenges in Phoenix Parks and Activation Efforts

Despite the efforts of the Phoenix Park Rangers to educate and enforce the Parks and
Recreation Department’s Code of Conduct, Phoenix parks and facilities still experience
significant challenges associated with illegal or negative behaviors. These behaviors
include, but are not limited to drug use, violent crimes, theft, trespassing, vandalized
and damaged park property and equipment, excessive littering and debris, and misuse
of park amenities. Many of these behaviors can be disruptive and pose health and
safety risks to the surrounding community. They can also cause damage requiring
costly repairs or complete reengineering of park amenities.

As a part of efforts to address these challenges, the Parks and Recreation Department
has sought to activate park spaces for positive behaviors and uses. These efforts are
aimed at engaging the local community, promoting the enjoyment of City parks and
facilities, and ensuring parks provide a welcoming and safe place for recreational
activities.

Moving forward Parks and Recreation staff will continue to work with Mayor and Council
to identify and implement additional park activation efforts to promote positive activities
in City parks. This will include farmers markets, food truck events, community events
and mobile recreation programming.

Current Security Services and Proposed Pilot

Although Park Ranger and activation efforts have assisted with reducing dangerous and
disruptive behaviors in Phoenix parks, they have been unable to address overnight
violations and illegal activity. Most City of Phoenix parks are closed between 10 p.m.
and 6 a.m. Urban Park Ranger coverage is only available from 4 a.m. to 11 p.m., as
their primary role is to engage with park users and perform educational activities and
necessary enforcement during park hours. In addition, park activation efforts are only
performed during regular park hours and are unable to address overnight challenges in
parks.

The Parks and Recreation Department currently utilizes security services provided by
Surveillance Security, Inc. in three parks, including Civic Space, Margaret T. Hance and
Heritage Square parks. All three parks use overnight roving security services from 10
p.m. to 6 a.m. each night. As a part of the City’s operating agreement for Civic Space
Park, security service patrols are also utilized from 6 a.m. to 3 p.m. and from 6 p.m. to
10 p.m. Through the roving security model, security guards work in pairs and drive to
each park where they then get out on foot and patrol the park grounds. The security
presence has contributed to minimal issues with crime and vandalism in the three
participating parks.
To further support efforts to maintain clean, safe and accessible parks, the Parks and
Recreation Department has conducted preliminary research into the use of security
services in additional parks. In an effort to reduce negative behaviors, staff have
identified several parks that may benefit from enhanced measures, including but not
limited to after-hours security, based on a combination of criteria. These criteria include
the number of Park Ranger visits and the number and types of Code of Conduct
violations and trespass notices issued throughout the City, as well as in each Council
District. Below are three options for consideration.

Option 1: Top eight parks citywide based on identified criteria.

Park Council District
Cortez 1
Washington 5
Pierce 8
Cielito 4
El Oso 5
Perry 8
Cesar Chavez 7
Maryvale 5

Option 2: Top eight parks based on identified criteria in each Council District.

Park Council District
Cortez 1
Paradise Valley 2
Sunnyslope 3
Cielito 4
Washington 5
Los Olivos 6
Cesar Chavez 7
Pierce 8

Option 3: Top eight parks citywide based on identified criteria and parks with
greatest need in City Council Districts without a park in the top eight.

Park Council District
Cortez 1
Washington 5
Pierce 8
Cielito 4
El Oso 5
Perry 8
Cesar Chavez 7
Maryvale 5
Sunnyslope 3
Paradise Valley 2
Los Olivos 6

As part of a six-month pilot program, security services would be provided seven days a
week at the identified parks between the hours of 8 p.m. and 10 a.m. Security guards
would be assigned to rove between two to three park locations and would perform
duties such as patrolling the park, educating the public about park rules, addressing
Code of Conduct violations by notifying Parks and Recreation staff, opening and closing
restroom facilities and/or park gates where applicable, ensuring the park is clear of
users upon park closure, relaying information to PHX CARES, contacting Park Rangers
for assistance, and calling Phoenix Police for emergency purposes or crimes occurring
within the park.

Once the final list of parks to be included in the pilot program has been identified, staff
will work with the current security provider, Surveillance Security Inc. to determine patrol
routes and final costs. Based on staffing availability of the current security provider, it is
estimated that it would take between four and six weeks for the pilot program to begin.
During the pilot, staff will also work to identify other security providers who may have
additional tools to safely provide services in parks.

Halfway through the six-month pilot program, the Parks and Recreation Department will
engage with the communities surrounding the participating parks to share information
on the results of the security services and to obtain community feedback on the
program.

Outreach Services

To support individuals in or around the parks, if the pilot security services program is
approved, the Parks and Recreation Department will work with the Office of Homeless
Solutions to return to the City Council with a plan to add additional outreach services
focusing on behavior health outreach. These services would include two teams of two
individuals who would be focused on connecting individuals to the appropriate
behavioral health services during and after park hours.

RECOMMENDATION

Staff has met with each City Council Office as directed to ensure all voices were heard
and, based on that information, recommends implementation of a six-month security
services pilot program in select parks. Additionally, staff seeks City Council
authorization to amend the existing contract with Surveillance Security, Inc. for an
additional amount up to $800,000 to deliver these services. The final cost will depend
on the number and location of parks selected for the pilot program. Funding is available
in the Parks and Recreation Department budget.
Attachment A




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Report

ARPA Phoenix Resilient Food Systems Programs - Amendments to Agri-Food
Tech Innovation Grant Agreements (Ordinance S-49141)

Request to authorize the City Manager, or his designee, to execute amendments to
Agreements: 157264-0 with Homer Farms and 157263-0 with YoBro Farms to increase
grant funding. Further request to authorize City Controller to disburse all funds related
to these items. Funding is available through the City's allocation of American Rescue
Plan Act (ARPA) funding and is in the Phoenix Resilient Food System category of the
ARPA Strategic Plan approved by the Mayor and Council. There is no impact to the
General Fund. The expenditures will not exceed $86,870.

Summary
In response to the COVID-19 pandemic, the Office of Environmental Programs (OEP)
developed a food assistance plan to address the food needs of vulnerable populations
and communities impacted by COVID-19. The plan provides: 1) access to healthy
foods for impacted populations; 2) infrastructure assistance regarding transportation
and delivery with a focus on home delivery; 3) support for food banks, food pantries
and community food agencies; 4) support for increased local food production; and 5)
business and employment opportunities throughout the food system spectrum.

Economic Development and Innovation
Agri-Food Technology Innovation Grant Program
The Agri-Food Technology Innovation Grant program is designed to encourage
existing entrepreneurs, businesses, non-profits, educational institutions, and
sustainable food cooperatives across the entire food system to address challenges
associated with the impact of COVID-19. Agri-food technology are innovative tools and
solutions created within the food supply chain to improve the food and agriculture
industry.

Due to a prior grant awardee declining grant funding, an additional $86,870 is
available. The additional funding would be awarded to the next highest scored
applicants in the evaluation process, which are Homer Farms and YoBro Farms. Both
awardees only received a portion of their total grant request due to the total amount of
funding available. Homer Farms' grant award will increase from $35,000 to $98,268
and YoBro Farms will increase from $32,098 to $55,700.


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Procurement Information
Services may be procured, as needed, in accordance with Administrative Regulation
3.10 to implement and administer programs intended to prevent, prepare for, and
respond to the COVID-19 pandemic.

Contract Term
The contract term for Homer Farms and YoBro Farms will remain as stated in the
original agreements.

All agreements may be extended based on available funding, which extensions may
be executed by the City Manager, or his designee.

Financial Impact
There is no impact to the General Fund. Funding is available through the City's
allocation of ARPA funding and is in the Phoenix Resilient Food System category of
the ARPA Strategic Plan approved by Mayor and Council.

The funding breakdown is as follows:
Homer Farms - The initial authorization was for $35,000. This first amendment will
increase the authorization by $63,268 for a new total not-to-exceed agreement value
of $98,268.
YoBro Farms - The initial authorization was for $32,098. This first amendment will
increase the authorization by $23,602 for a new total not-to-exceed agreement value
of $55,700.

Concurrence/Previous Council Action
The City Council approved:
The ARPA Strategic Plan on June 8, 2021;
ARPA Agri-Food Technology Innovation Grants (Ordinance S-48802) on June 15,
2022.

Responsible Department
This item is submitted by Karen Peters and the Office of Environmental Programs.




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Report

Lease of Real Property from Calvary United Methodist Church for the Head Start
Birth to Five and Early Head Start Home Programs (Ordinance S-49125)

Request to authorize the City Manager, or his designee, to lease real property from
Calvary United Methodist Church for the City of Phoenix Head Start Birth to Five
Program for 20 years plus two, five-year options to extend. Further request
authorization for the City Controller to disburse all funds related to this item.

Summary
The Human Services Department desires to lease real property at 7949 W. Indian
School Rd. from Calvary United Methodist Church (CUMC) to operate the City of
Phoenix Head Start Birth to Five Program (COPB5). Leasing will expand the program
by adding space for two full-day classrooms for up to 40 children, office space for
COPB5 programs, and a family resource center.

The main leased site includes two buildings with approximately 18,138 square feet
made up of offices, classrooms, a kitchen, three outdoor playgrounds, and 20 parking
spaces. Monthly base rent is $6,300, plus applicable taxes, which is within market rent
as determined by the Finance Department's Real Estate Division. Base rent will be
increased annually by one and one-half percent and adjusted every five years to the
then market rent.

The main leased site will be renovated pursuant to the Arizona Department of Health
Services, Child Care Licensing and the Head Start Program Performance Standards
requirements and the operational needs of the COPB5 program by utilizing funds
allocated to the City from the U.S. Department of Health and Human Services, Office
of Head Start. During renovation of the main leased site, the City will lease an
approximate 3,534 square foot annex building for six months with six, one-month
options to extend, to begin outreach and administrative functions related to the
opening of the COPB5 programs and family resource center. Monthly base rent for the
annex building is $2,300, plus applicable taxes, which is within market rent as
determined by the Finance Department's Real Estate Division. The City may
periodically lease the annex building on a short-term basis, as needed, and as
available when occupying the main leased site. The rental rate during any extension
period of the annex building will be based on the market rate as determined at that


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time.

The City will be responsible for operating and maintenance costs, and CUMC will be
responsible for structural repairs. The lease may be canceled pursuant to ARS 38-511,
or upon 365-day written notification by the City. The lease may contain other terms and
conditions acceptable to the City based on use. The lease will include insurance and
indemnification provisions acceptable to the City's Risk Management Division and Law
Department.

Contract Term
The term of the main leased site, beginning on or about Jan. 1, 2023, will be for a 20-
year period with two additional five-year options to extend. The initial term of the annex
building will be six months with six, one-month options to extend.

Financial Impact
Annual rent for the main leased site during the initial year is $75,600, plus applicable
taxes, to be abated for the first six months of the lease during renovations and
occupancy of the annex building. Rent during the six-month term for the annex space
is $13,800, plus applicable taxes. Funds are available through the U.S. Department of
Health and Human Services, Office of Head Start, allocated through the Human
Services Department.

Location
7949 W. Indian School Rd., identified by Maricopa County Assessor parcel number
102-66-127C.
Council District: 5

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




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Report

Artist Design and Construction Oversight Contract for the 27th Avenue Solid
Waste Management Facility Public Art Project (Ordinance S-49140)

Request to authorize the City Manager, or his designee, to enter into a contract with
artist Katherine Leigh Simpson (AZ), for an amount not to exceed $115,000 to work
with City staff and the project team to finalize design and oversee the installation of a
public art project that will be installed in two locations; first at the Phoenix Convention
Center temporarily and permanently at the 27th Avenue Solid Waste Management
facility at 3060 S. 27th Ave. in Phoenix. Further request authorization for the City
Controller to disburse all funds related to this item.

Summary
The Fiscal Year 2022-27 Public Art Project Plan includes a project to commission an
artist to create artworks from materials commonly found in the City's recycling stream
to increase awareness about recycling and resource management by introducing new
ways to use materials.

On May 2, 2022, local artist Katherine Leigh Simpson commissioned from a pool of 64
artists who had responded to a City-issued Request for Qualifications. The artist was
selected based on her experience working with recycled materials and her potential to
create impactful work to raise awareness of single use plastics during a high traffic
time in the Phoenix Convention Center in February of 2023.

Under this contract, the artist will finalize the design and fabricate and install the
artwork for a temporary period of time at the Phoenix Convention Center. The artist will
also develop an adapted installation plan to relocate the artwork to its permanent
installation location at the 27th Avenue Solid Waste Management Facility.

Financial Impact
The 27th Avenue Solid Waste Management Facility public art project is one of 39
projects in the Fiscal Year 2022-27 Public Art Project Plan that City Council approved
on June 15, 2022. The Art Plan includes $222,568 for this project. The proposed
$115,000 design and construction contract will cover all costs for the artist working with
the Office of Arts and Culture and the 27th Avenue Solid Waste Management Facility
staff to finalize the design, fabricate and install the artwork temporarily at the Phoenix


Page 74

Convention Center and permanently at the 27th Avenue Solid Waste Management
Facility. The percent-for-art funds for this project come from Public Works Department
Solid Waste Capital Improvement Program.

Concurrence/Previous Council Action
The Phoenix Arts and Culture Commission reviewed and unanimously recommended
approval of this item at its Oct. 11, 2022, meeting.

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Office of Arts
and Culture.




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Report

Membership in Hydrogen Projects Consortium

Request to authorize the City Manager, or his designee, to join as a Tier 2 ("no cost")
member of a regional Hydrogen Hub consortium led by the Center for an Arizona
Carbon-Neutral Economy and participate in the consortium as an advisory committee
member. The consortium consists of a number of Tier 1 members, those members
making financial contributions, however, the City's Tier 2 membership would be at no
cost to the City.

Summary
Arizona State University ("ASU") launched the Center for an Arizona Carbon-Neutral
Economy (the "Center") to provide strategic guidance, thought leadership, research
and initial project management to help Arizona and the Southwest region develop the
needed infrastructure, systems and networks to move the state toward a carbon-
neutral economy by mid-century. One of its initial programs is formation of a "Hydrogen
Projects" consortium of regional partners including ASU, Salt River Project (“SRP”),
Arizona Public Service (“APS”), Tucson Electric Power (“TEP”), University of Arizona
(“UArizona”), Northern Arizona University (“NAU”) and Southwest Gas Corporation
(“SWG”) seeking to leverage federal and state investments to incubate development of
low-carbon hydrogen projects in the region. The founding partners provided the initial
funding for the Center of $650,000 and have committed to provide ongoing funding as
projects develop.

The City of Phoenix was invited to join the consortium as a Tier 2 no cost member of
the Center and participate on the advisory committee to provide input on the hydrogen
projects’ goals, objectives, and other activities related to hydrogen projects.

Staff recommend participation in the advisory committee to help attract federal
investments to the region, represent the needs of the City in projects incubated at the
Center and to help spur a local hydrogen economy that could fuel transportation,
generate low-carbon electricity and reduce carbon emissions in the regional overall.

Contract Term
Participation in the advisory committee will be ongoing, however, the City is free to
resign from the committee in the future if its value to the City diminishes.


Page 76


Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Office of
Sustainability.




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Report

Local Workforce Development Area Plan 2020-2024 Update for Workforce
Arizona Council

Request City Council approval of the updated Local Workforce Development Plan for
Program Years 2020-2024 and authorization for the City Manager, or his designee, to
submit the approved plan to the Workforce Arizona Council before Nov. 10, 2022.

Summary
As provided in the Workforce Innovation and Opportunity Act (WIOA) Section 20 CFR
§ 679.580 (b) at the end of the first two-year period of the four-year local plan, each
Local Workforce Development Board (LWDB), in partnership with the chief elected
officials, must review the local plan and prepare and submit modifications.

As required by federal law, the City of Phoenix Local Workforce Development Area
Plan updates reflect labor market and economic conditions, and other factors affecting
the implementation of the local plan. These include: significant changes in local
economic conditions; changes in available financing to support WIOA Title I and
partner-provided WIOA services; changes to the Local Workforce Development Board
(LWDB) structure; and the need to revise strategies to meet local performance goals.

Revisions made to the Local Workforce Development Area Plan are as follows:

· Changes in Existing In-Demand Occupations (Pages 20 - 21)
· Updated Top 10 Employers in Phoenix (Page 25)
· Updated Business Size data (Page 27 - 28)
· Top Companies Posting data (Page 30 - 32)
· Job Posting information (Page 33)
· Changes in Advertised Salary (Page 34 - 35)
· Changes in Unique Postings by Education Level and Experience (Page 36 - 39)
· Updated Top Posted Occupations (Page 40 - 41)
· Updated Top Industries (Page 43 - 44)
· Updated Top Hard Skills and Top Common Skills (Page 45 - 46)
· Updated Demographics data (Page 49 - 50)
· Unemployment Rate information (Page 52 - 54)
· Educational Attainment information (Page 57)
·



Page 78

· Total Graduate data (Page 58 - 59)
· Financing, Structure, and Strategies (Pages 82 - 90)

A full copy of the Local Workforce Development Area Plan, with the changes
referenced above highlighted, can be viewed at:
https://arizonaatwork.com/sites/default/files/2022_UpdatedLocalPlan__City_of_Phoeni
x.pdf.

Financial Impact
There is no impact to the General Fund as a result of this action.

Concurrence/Previous Council Action
The original 2020-2024 Local Workforce Development Area Plan was approved by City
Council on Aug. 26, 2020 and the Phoenix Business and Workforce Development
Board's Executive Leadership Committee approved the plan updates on May 12,
2022.

Public Outreach
The Local Workforce Development Area Plan was made available to the public
electronically, through social media platforms, and by other means such as open
meetings,local news media, the Community and Economic Development Department
administration office, Human Services Department administration office, and via the
ARIZONA@WORK Job Centers from May 17, 2022 through June 1, 2022. A full copy
of the updated Local Workforce Development Area Plan can be viewed at:
https://arizonaatwork.com/sites/default/files/2022_UpdatedLocalPlan__City_of_Phoeni
x.pdf

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




Page 79



Report

Issuance of Lease Revenue Refunding and Lease Revenue Bonds (Rowan
University Project), Series 2022 (Resolution 22080)

Requests City Council approval for the issuance of Lease Revenue Refunding and
Lease Revenue Bonds (Rowan University Project), Series 2022, to be issued in one or
more tax-exempt and taxable series in an aggregate principal amount not to exceed
$250,000,000.

Summary
Request City Council adoption of a resolution granting approval of the proceedings
under which The Industrial Development Authority of the City of Phoenix, AZ, (the
"Phoenix IDA") has previously resolved to issue up to $250,000,000 of Lease Revenue
Refunding and Lease Revenue Bonds (the "Revenue Bonds") for use by MACQ - New
Jersey I, LLC (the "Borrower"), a Delaware limited liability company, to

a) currently refund outstanding taxable refunding bonds, the proceeds of which were
used to refinance acquisition, construction, and equipping of student housing,
administrative offices, and a bookstore adjacent to the campus of Rowan University in
Glassboro, New Jersey,
b) finance the costs of Rowan University acquiring the project, and
c) pay certain costs related to the overall issuance of the Revenue Bonds.

Concurrence/Previous Council Action
The Phoenix IDA Board has previously resolved to issue the Revenue Bonds at its
meeting held on Oct. 20, 2022.

Location
The Project is located adjacent to Rowan University's main campus located at 201
Mullica Hill Road, in Glassboro, New Jersey.

With the exception of certain housing bonds, the Phoenix IDA can finance projects
located anywhere in Arizona. In addition, the Phoenix IDA may issue bonds to finance
projects outside of Arizona, if the out-of-state project provides a benefit within the
State.



Page 80

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer.




Page 81



Report

Authorization to Amend Ordinance for FY 2020 DNA Capacity Enhancement and
Backlog Reduction Grant Program (Ordinance S-49137)

Request to authorize the City Manager, or his designee, to allow the Police
Department to amend Ordinance S-46888 to extend the agreement with the Bureau of
Justice Assistance for the 2020 DNA Capacity Enhancement and Backlog Reduction
grant program for an amount not to exceed $576,673. Further request authorization for
the City Treasurer to accept, and for the City Controller to disburse, all funds related to
this item.

Summary
In August 2020, the City Council approved the agreement for the FY 2020 DNA
Capacity Enhancement and Backlog Reduction grant program in the amount of
$576,673 from the Bureau of Justice Assistance. The purpose of this grant was to
increase the capacity of public forensic DNA and DNA database laboratories to
process more samples. This will allow the Police Department to reduce the backlog. All
DNA profiles will be entered into the Combined DNA Index System and loaded into the
National DNA Index System.

Funding from the FY 2020 grant will be used to process, record, screen, and analyze
forensic DNA and/or DNA database samples.

Contract Term
The current term of this grant agreement, from Oct. 1, 2020 through Sept. 30, 2022,
will be extended through Sept. 30, 2023.

Financial Impact
No matching funds are required and no additional funds are awarded.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




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Report

Authorization to Amend Ordinance for FY 2019 Edward Byrne Memorial Justice
Assistance Grant (Ordinance S-49138)

Request to authorize the City Manager, or his designee, to allow the Police
Department to amend Ordinance S-46077 to extend the agreement with the Bureau of
Justice Assistance and Intergovernmental Agreements with Maricopa County and the
City of Mesa, for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) for
an amount not to exceed $1,035,907. Further request authorization for the City
Treasurer to accept, and for the City Controller to disburse, all funds related to this
item.

Summary
In October 2019, the City Council approved the agreement for the FY 2019 Edward
Byrne Memorial Justice Assistance Grant (JAG), in the amount of $1,035,907 from the
Bureau of Justice Assistance and Intergovernmental Agreements with Maricopa
County and the City of Mesa. The JAG application was submitted by the Police
Department on behalf of the City of Phoenix and eligible partnering agencies. In
addition to the City of Phoenix, requests were included for Maricopa County and the
City of Mesa. Approved allocations were City of Phoenix $902,024, Maricopa County
$10,000 and the City of Mesa $123,883 for a total of $1,035,907.

The City of Phoenix FY 2019 JAG allocations will fund $161,579 to the Parks and
Recreation Department for Project BRAVE (Bringing Reality About Violence Education)
and the remaining $740,445 will be used to purchase equipment for the Police
Department. Items included audio/video equipment, forensic equipment for the Crime
Laboratory, and personal protective equipment to augment investigations and crime
suppression.

Contract Term
The current term of this grant agreement from Oct. 1, 2018 through Sept. 30, 2022, will
be extended through Sept. 30, 2023.

Financial Impact
No matching funds are required and no additional funds are awarded.



Page 83

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




Page 84



Report

Authorization to Enter into Agreements with the Drug Enforcement
Administration for Reimbursement for Police Services (Ordinance S-49139)

Request retroactive authorization for the City Manager, or his designee, to allow the
Police Department to enter into agreements with the Drug Enforcement Administration
(DEA) to accept funds in the amount of $19,840.75 per year, per officer, not to exceed
$396,815, for approved overtime. 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 participated in DEA task forces via similar agreements for
the past several years. The purpose of these task force groups is to disrupt the illegal
trafficking of drugs in the State of Arizona by immobilizing targeted violators and
trafficking organizations. The task force groups conduct undercover operations where
appropriate and engage in other traditional methods of investigation in an effort to
effectively prosecute offenders in federal and state courts. Through these agreements,
five experienced Phoenix police officers will continue to be assigned to the DEA
Phoenix Task Force. This agreement provides the City with reimbursement for the
officers' overtime related to task force investigations.

If authorization is denied, the agreement will be rescinded.

Contract Term
Oct. 1, 2022 through Sept. 30, 2026.

Financial Impact
The cost to the City is related fringe benefits and in-kind resources.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




Page 85



Report

Authorization to Amend Ordinance for Arizona Criminal Justice Commission
Crime Reduction Pilot Project Grant (Ordinance S-49143)

Request to authorize the City Manager, or his designee, to allow the Police
Department to amend Ordinance S-47579 to extend the agreement with the Arizona
Criminal Justice Commission for the Crime Reduction Pilot Project Grant for the
amount not to exceed $15,000. Further request authorization for the City Treasurer to
accept, and for the City Controller to disburse, all funds related to this item.

Summary
In May 2021, the City Council approved the agreement for the Arizona Criminal Justice
Commission Crime Reduction Pilot Project Grant, in the amount of $15,000 from the
Arizona Criminal Justice Commission. The purpose of this grant, was to promote the
objectives of the Restructuring Area Dynamic and Relationships (RADAR) program.
This program concentrates on the social network theory and mismanaged properties,
to reduce calls for service and crime rates instead of arrests and prosecutions,
seizures of contraband, and serving of search warrants. The objective is to identify
high crime areas and related properties attracting high calls for service and work with
the property owners to combat property damage and crime.

Contract Term
The current term of this grant agreement from July 1, 2021 through June 30, 2022, will
be extended through Dec. 30, 2022.

Financial Impact
No matching funds are required and no additional funds are awarded.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




Page 86



Report

Authorization to Enter into an Intergovernmental Agreement with City of Tempe
to Permit, Govern Access and Use by City of Phoenix to the East Valley Bus
Operations and Maintenance Facility for Airport-Owned Bus Fueling and
Washing (Ordinance S-49127)

Request authorization for the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with the City of Tempe (Tempe) to permit and
govern access and use by the City of Phoenix (Phoenix) to Tempe's East Valley Bus
Operations and Maintenance Facility (EVBOM) for fueling and washing Aviation-owned
buses that provide service on-site at Phoenix Sky Harbor International Airport (Airport).
Further request to authorize the City Controller to disburse all funds related to this
item. The total value of the IGA will not exceed $98,000.

Summary
The PHX Sky Train is considered a must-ride system because it connects to the
Rental Car Center, terminals, economy parking structures, and the region's Metro light
rail system. Operation, regular maintenance, and fueling are required for the Aviation-
owned bus fleet to support and facilitate the timely movement of passengers during an
emergency activation of the Airport's contingency plan and in the event of a Sky Train
interruption or scheduled maintenance activities. The Aviation Department plans on
retaining a smaller contingent of its current bus fleet for the support of the PHX Sky
Train in case of such events.

The on-airport Clean Energy fueling station currently provides fuel to the Airport's bus
fleet. The fueling station is scheduled to be demolished once the Sky Train is fully
operational. Because of its proximity to the Airport, Tempe's EVBOM will provide the
Airport with the opportunity to fuel and wash the bus contingency fleet once the fueling
station is no longer operational. Phoenix will pay a cost per gallon for fuel dispensed, a
per-bus wash fee, and a monthly cost sharing fee for the use of the EVBOM.

Contract Term
The contract term will be for five (5) years with three (3) one-year options to extend for
an aggregate eight-year term.

Financial Impact


Page 87

The IGA value will not exceed $98,000 for the eight-year aggregate contract term.
Funding is available in the Aviation Department's Operating budget.

Location
City of Tempe
Council District: Out of City

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




Page 88



Report

Maintenance Agreement - M5 Software - Contract Recommendation (Ordinance
S-49128)

Request to authorize the City Manager, or his designee, to enter into a contract with
AssetWorks, Inc. to provide software maintenance for the M5 fleet asset management
system. Further request authorization for the City Controller to disburse all funds
related to this item. This contract will have an aggregate value of $436,765.

Summary
The Public Works Department uses the AssetWorks M5 fleet asset management
system as the system of record for approximately 7,800 citywide fleet vehicles and
equipment, excluding the Public Transit and Aviation departments. This system is
essential to manage vehicle maintenance records throughout the life of the asset from
acquisition, including all maintenance activities, until the vehicle is salvaged. The
Public Works Department has used AssetWorks since 2002 and has more than 15
years of data recorded in the system. AssetWorks is used worldwide for fleet
maintenance to capture and record vehicle activities.

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

Procurement Information
In accordance with Administrative Regulation 3.10 normal competition was waived via
a determination memo citing sole source. AssetWorks is the manufacturer of the M5
fleet asset management system.

Contract Term
This contract will begin on or about Dec. 1, 2022 for an initial two-year contract term,
with one option year for a total contract term of three years.

Financial Impact
This item will have an estimated annual expenditure of $145,588 with a total aggregate
value of $436,765.

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


Page 89


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




Page 90



Report

Environmental Project Specialists Contract RFP 63-2304 - Request for Award
(Ordinance S-49121)

Request to authorize the City Manager, or his designee, to enter into a contract with
RW Staffing Solutions, LLC to provide Environmental Project Specialists in the area of
natural and cultural resource environmental consulting for the Street Transportation
and Parks and Recreation departments. Further request authorization for the City
Controller to disburse all funds related to this item. The total value of the contract shall
not exceed $2,000,000.

Summary
The Street Transportation Department has a current contract to provide Environmental
Project Specialists to the Environmental Services Section as well as to the Parks and
Recreation Department. The current contract will expire on Dec. 31, 2022.

The new contract will replace the existing contract and services will include assistance
in facilitating the management of the environmental and archaeological aspects of pre-
design, design, construction, operations and maintenance projects being conducted by
and through the Street Transportation and Parks and Recreation departments with the
intent of achieving full compliance with applicable environmental and archaeological
regulations.

Procurement Information
A Request for Proposal procurement was conducted in accordance with City of
Phoenix Administrative Regulation 3.10.

One vendor submitted a proposal deemed to be responsive and responsible. An
evaluation committee of City staff evaluated the offer based on the following criteria
with a maximum possible point total of 1000:

Experience, Knowledge, Background (100)
Professional Qualification Standards (300)
Project Coordination (100)
Familiarity with Regulatory Agencies (200)
Staff Availability (100)


Page 91

Service Capability (100)
Price (100)

After reaching consensus, the evaluation committee recommends award to the
following vendor:

RW Staffing Solutions, LLC

Contract Term
The contract will begin on or about Jan. 1, 2023, for a five-year term with no options to
extend.

Financial Impact
The total contract value will not exceed $2,000,000.

Funding is available in the Street Transportation and Parks and Recreation
departments' budgets.

Responsible Departments
This item is submitted by Deputy City Managers Mario Paniagua and Inger Erickson
and the Street Transportation and Parks and Recreation departments.




Page 92



Report

Environmental / Natural-Cultural Resources / National Environmental Policy Act
On-Call Services for Calendar Years 2023-24 (Ordinance S-49122)

Request to authorize the City Manager, or his designee, to enter into separate
agreements with the eight consultants on Attachment A to provide Environmental /
Natural-Cultural Resources / National Environmental Policy Act On-Call services
citywide. Further request to authorize execution of amendments to the agreements 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 total fee for
services will not exceed $6 million aggregate.

Additionally, request to authorize the City Manager, or his designee, to take all action
as may be necessary or appropriate and to execute all design and construction
agreements, licenses, permits, and requests for utility services relating to the
development, design, and construction of the project. such utility services include, but
are not limited to: electrical; water; sewer; natural gas; telecommunications; cable
television; railroads; and other modes of transportation. 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. This authorization excludes any transaction involving an interest in real
property.

Summary
The On-Call consultants will be responsible for providing On-Call Environmental /
Natural-Cultural Resources / National Environmental Policy Act (NEPA) services that
include, but are not limited to: NEPA documentation and related supporting technical
analysis and reports, cultural resources, biology and natural resources, Rivers and
Harbors Act, Clean Water Act, air quality and noise, green infrastructure, and
evaluation.

Procurement Information
The selections were made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-604(H), the City may not publicly release information on proposals received


Page 93

or the scoring results until an agreement is awarded. Fourteen firms submitted
proposals and are listed in Attachment A.

Contract Term
The term of each agreement is up to two years, or up to a total of $6 million aggregate,
whichever occurs first, with an option to extend each contract for one additional year.
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 total value for the On-Call consultant agreements will not exceed $6 million
aggregate, including all subconsultant and reimbursable costs. The total fee for
services under the eight agreements will not exceed $6 million aggregate.

Funding is available in the Capital Improvement Program and Operating budgets of the
various City departments that will utilize these agreements. The agreements will be
managed by the Street Transportation Department Office of the City Engineer's
Environmental Services Division. The Budget and Research Department will review
and approve funding availability prior to issuance of any On-Call task order of
$100,000 or more. Payments may be made up to agreement limits for all rendered
agreement services, which may extend past the agreement termination.

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




Page 94
ATTACHMENT A


Selected Firms
Rank 1: AZTEC Engineering Group, Inc.
Rank 2: HDR Engineering, Inc.
Rank 3: SWCA, Incorporated dba SWCA Environmental Consultants
Rank 4: Westland Resources, Inc.
Rank 5: Kimley-Horn and Associates, Inc.
Rank 6: Logan Simpson Design Inc.
Rank 7: EcoPlan Associates, Inc.
Rank 8: Desert Archaeology, Inc.

Additional Proposers
Rank 9: Wood Environment & Infrastructure Solutions, Inc.
Rank 10: Commonwealth Heritage Group, Inc.
Rank 11: Transcon Environmental, Inc.
Rank 12: BEC Environmental, Inc.
Rank 13: North Wind Resources Consulting, LLC
Rank 14: Grouse Mountain Environmental Consultants, LLC




Page 95



Report

U.S. Department of Transportation Strengthening Mobility and Revolutionary
Transportation Grant Opportunity for Federal Fiscal Year 2022 - Federal
Bipartisan Infrastructure Law Funding (Ordinance S-49136)

Request to authorize the City Manager, or his designee, to apply for, accept and, if
awarded, enter into agreements for disbursement of federal funding from the U.S.
Department of Transportation through the Federal Fiscal Year 2022 Strengthening
Mobility and Revolutionary Transportation grant opportunity. If awarded, the funding
will be used to initiate planning level demonstration/pilot projects to validate emerging
technology in support of safer transportation infrastructure. Further request to
authorize the City Treasurer to accept, and the City Controller to disburse, all funds
related to this item. Funding for these grant opportunities is available through the
Federal Bipartisan Infrastructure Law. The total grant funds applied for will not exceed
$2 million, and there is no participating local match required as a part of this grant
submittal.

Summary
On Sept. 30, 2022, the U.S. Department of Transportation issued a Notice of Funding
Opportunity for $100 million nationwide under the Strengthening Mobility and
Revolutionary Transportation (SMART) Grants Program. Newly established by the
Bipartisan Infrastructure Law, the SMART grant offers an opportunity to partner with
academia and the private sector to explore technology interventions to solve real-world
challenges facing communities.

There are two funding opportunities through a planning, demonstration/pilot grant
(Stage 1) or an implementation grant (Stage 2). At this time, only Stage 1 grants are
allowed. It is expected that Stage 2 grants would begin in fiscal year (FY) 2023.
Successful grants will seek to build sustainable partnerships across sectors and levels
of government as well as industry, academia, non-profits and other traditional and non-
traditional partners.

A few SMART Grant Program priorities include the following:
· Safety and reliability - to improve the safety of systems for pedestrians, bicyclists,
and the broader traveling public.



Page 96

· Resiliency - to increase the reliability and resiliency of the transportation system,
including cyber-security and resiliency to climate change.
· Equity and access - to connect or expand access for underserved or disadvantaged
populations while improving access to jobs, education, and essential services.
· Climate - to reduce congestion and/or air pollution, including greenhouse gases or
improving energy efficiency.
· Partnerships - to contribute to economic competitiveness and incentivize private
sector investments or partnerships, including technical and financial commitments
on the proposed solution.
· Integration - to improve integration of systems and promote connectivity of
infrastructure, connected vehicles, pedestrians, bicyclists, and the broader traveling
public.

The City's SMART grant will focus on building data and technology capacity and
expertise. Technology investment is most beneficial when it is tailored to the
community needs. The City will work to submit a Stage 1 grant application that will
focus on emerging technology in support of creating or maintaining safer transportation
infrastructure. Staff will partner with local universities to identify and evaluate the latest
and greatest technology, methodology, or systems that are being pursued nationally to
see if they are appropriate for our region. The goal will be to identify a process or
system that can be implemented within current systems or applications to enhance the
overall safety benefit.

The SMART grant submittal deadline is Nov. 18, 2022.

Financial Impact
The estimated total cost for the project is approximately $2 million. The maximum
federal participation for a Stage 1 planning, demonstration/pilot grant submittal is 100
percent. There is no minimum local match under a Stage 1 planning,
demonstration/pilot grant submittal.

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




Page 97



Report

Northwest Wastewater Master Plan - Engineering Services Amendment -
WS85500455 & WS90500307 (Ordinance S-49120)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 153381 with Wilson Engineers, LLC to provide additional design and
construction administration and inspection services for the Northwest Wastewater
Master Plan 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 additional fee for services included in this amendment will not exceed
$4,662,769.51.

Summary
The purpose of this project is to study the project area to determine the water and
wastewater infrastructure needed to plan for potential growth. Wilson Engineers, LLC
(Wilson) will work with the City to evaluate and plan the long-term location and size of
the infrastructure.

This amendment is necessary to add design and construction administration services
for Package 4 of the Northwest Wastewater Master Plan project. This amendment will
provide additional funds to the agreement.

Wilson's additional services include, but are not limited to: design and construction
administration and inspection services for two 24-inch force mains and a 36-inch
gravity sewer along the proposed 51st Avenue alignment from Lift Station 77 to the
existing 36-inch gravity sewer at 47th Avenue and Pinnacle Peak Road.

Contract Term
The amendment will extend the term of the contract by one year, to on or about Feb.
21, 2026. Work scope identified and incorporated into the agreement prior to the end
of the term may be agreed to by the parties. No additional changes may be executed
after the end of the term.

Financial Impact
· The initial agreement for Engineering Services was approved for an amount not to


Page 98

exceed $10,000,000, including all subconsultant and reimbursable costs.
· This amendment will increase the agreement by an additional $5,000,000, for a new
total amount not to exceed $15,000,000, including all subconsultant and
reimbursable costs.

Funding for this amendment 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 the 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:
· Engineering Services Agreement 153381 (Ordinance S-47069) on Nov. 18, 2020.

Location
North of the Central Arizona Project, south of Carefree Highway, west of I-17, and east
of the City's west limits.
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.




Page 99



Report

Mixers, Parts & Repair Services Contract - Request for Award - IFB-2122-WPP-
315 (Ordinance S-49130)

Request to authorize the City Manager, or his designee, to enter into agreements with
SPX Flow US, LLC, James, Cooke, & Hobson, Inc. and Doane and Hartwig Water
Systems, Inc. to provide various mixers, parts, accessories, maintenance and repair
services on an as-needed basis for the Water Services Department. Further request to
authorize the City Controller to disburse all funds related to this item. The total value of
the agreement will not exceed $270,000.

Summary
The purpose of this agreement is to supply various mixers, parts, accessories,
maintenance and repair services on an as-needed basis for the Water Services
Department. The Department operates eight water treatment plants to provide drinking
water and wastewater services to the City. These treatment facilities use specialized
mechanical equipment to mix chemicals to safely treat source waters for public
consumption and treat wastewater from Phoenix and several surrounding cities for
agriculture and electrical generating stations. This process is done while also meeting
all applicable environmental standards.

Procurement Information
Invitation for Bid 2122-WPP-315 was conducted in accordance with Administrative
Regulation 3.10.

Three bids were received and deemed responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation, the
procurement officer recommends awarding contracts to the following bidders:
· SPX Flow US, LLC
· James, Cooke & Hobson, Inc. and
· Doane and Hartwig Water Systems, Inc.

Contract Term
The agreements will begin on or about Nov. 16, 2022, for a five-year term with no
options to extend.



Page 100


Financial Impact
The agreement value will not exceed $270,000 for the five-year aggregate term.

Funding is available in the Water Services Department operating budget.

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




Page 101



Report

South - Lot 1 - PLAT 210089 - Southeast Corner of Greenway Parkway and
Kierland Boulevard

Plat: 210089
Project: 20-3541
Name of Plat: Kierland Commerce South - Lot 1
Owner: The Related Group
Engineer: A.L. Slater, RLS
Request: Nov. 2, 2022
Reviewed by Staff: Oct. 7, 2022
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 Greenway Parkway and Kierland
Boulevard
Council District: 2

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 102



Report

Amend City Code - Ordinance Adoption - PUD Major Amendment - Rezoning
Application Z-59-A-13-1 (Metrocenter PUD) - Approximately 605 Feet South of the
Southeast Corner of 28th Drive and Peoria Avenue (Ordinance G-7044)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
from PUD (Planned Unit Development) and RSC (Regional Shopping Center) to PUD
(Planned Unit Development) as a major amendment to the Metrocenter Planned Unit
Development to allow commercial and residential uses.

Summary
Current Zoning: PUD (130.77 acres) and RSC (13.19 acres)
Proposed Zoning: PUD (143.96 acres)
Acreage: 143.96 acres
Proposed Use: A major amendment to the Metrocenter Planned Unit Development to
allow commercial and residential uses.

Owner: Realm Pennant Retail Partners, LLC, et al.
Applicant: Steve Sirang, Concord Wilshire Capital, LLC
Representative: Kurt Waldier, Beus Gilbert McGroder, PLLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The North Mountain Village Planning Committee heard this case on Sept.
21, 2022, and recommended approval, per the staff recommendation, by a vote of 11-1
-1.
PC Action: The Planning Commission heard this case on Oct. 6, 2022, and
recommended approval, per the North Mountain Village Planning Committee
recommendation, by a vote of 9-0.

Location
Approximately 605 feet south of the southeast corner of 28th Drive and Peoria Avenue
Council District: 1
Parcel Address: Various

Responsible Department


Page 103

This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 104
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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-59-A-13-1) FROM PUD (PLANNED UNIT
DEVELOPMENT) AND RSC (REGIONAL SHOPPING CENTER)
TO PUD (PLANNED UNIT DEVELOPMENT).

____________


BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 143.96-acre site located approximately 605

feet south of the southeast corner of 28th Drive and Peoria Avenue, in a portion of

Section 26, Township 3 North, and Range 2 East, as described more specifically in

Exhibit “A”, is hereby changed from 130.77 acres of “PUD” (Planned Unit Development)

and 13.19 acres of “RSC” (Regional Shopping Center) to 143.96 acres of “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,



Page 105
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 Metrocenter PUD reflecting the
changes approved through this request shall be submitted to the Planning
Department within 30 days of City Council approval of this request. The updated
Development Narrative shall be consistent with Hearing Draft date stamped
September 1, 2022 as modified by the following stipulations.

a. Front Cover: Add “City Council adopted: [Insert Adoption date].”

b. Page 48, Section G. Development Standards, Sub-Point 3: Modify the first
paragraph to read as follows: “Before any building, project, or use is
processed for site plan approval by the City, a shaded and segregated
pedestrian circulation plan shall be prepared and incorporated in this PUD
as an appendix, and shall detail access to the following where applicable:”

c. Page 48, Section G. Development Standards, Sub-Point 4: Modify to read
as follows: Individual project site plans shall be required to incorporate or
update the Master Trail Plan / Shaded and Segregated Pedestrian
Circulation Plan as necessary to provide access to the above, as
administratively approved by the Planning and Development Director.
Updates to the Master Trail Plan / Shaded and Segregated Pedestrian
Circulation Plan shall be submitted to the Planning and Development
Department as a “Minor Amendment” to the PUD.

d. Appendix: Add the Shaded and Segregated Pedestrian Circulation Plan as
an appendix.

e. Table of Contents and Page 58: Before the Infrastructure Standards
Section add a Complete Streets Section in the PUD. The Complete Streets
Section shall specifically address PUD standards that improve
convenience and comfort, connectivity, sustainability, and green
infrastructure.

2. 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.

3. 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.

4. The developer shall submit an updated Traffic Impact Analysis report for every
new development within the PUD, or as otherwise approved by the Street


Page 106
Transportation Department. No preliminary approval of plans shall be granted
until the study has been reviewed and approved by the City.

5. The developer shall submit a Traffic Impact Analysis report for every new
development within the PUD to include non-automotive network enhancements in
support of the City’s adopted Complete Streets Ordinance, as required by the
Street Transportation Department. Non-automotive network enhancements
include, but are not limited to, infrastructure improvements for: pedestrian safe
crossings, bicycle infrastructure and access to transit facilities. No preliminary
approval of plans shall be granted until the study has been reviewed and
approved by the City.

6. 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.


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 2nd day of November,

2022.



________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney



Page 107
By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager


Exhibits:
A – Legal Description (7 Pages)
B – Ordinance Location Map (1 Page)




Page 108
EXHIBIT A

LEGAL DESCRIPTION FOR Z-59-A-13-1

DESCRIPTION
METROCENTER PARCELS FOR REZONING APN'S 149-16-001A, 001B, 001C, 001D,
002A, 002B, 002C, 002E, 002F, 005, 083, 083D, 083E, 084B, 085, 086A, 389, 401, &

PARCEL NO. 1:
A parcel of land located in the East half of Section 26, Township 3 North, Range 2 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more
particularly described as follows:

BEGINNING at the intersection of Metro Parkway East and 29th Avenue as shown on
the Plat Map of Dedication for Metrocenter, recorded in Book 163 of Maps, Page 37,
records of Maricopa County, Arizona, said Point of Beginning being the beginning of a
curve the center of which bears North 9 degrees 2 minutes 10 seconds West 1187.50;

THENCE Westerly along the centerline of said Metro Parkway East and the arc of said
curve through a central angle of 5 degrees 10 minutes 9 seconds an arc length of
107.14 feet;

THENCE South 9 degrees 53 minutes 1 seconds East 119.79 feet to the
North line of the South 81 feet of Tract 8 of said Plat Map of Dedication for Metrocenter;

THENCE South 78 degrees 10 minutes 10 seconds West 295.60 feet along said South
line;

THENCE South 88 degrees 44 minutes 30 seconds West 137.29 feet to the North line
of the South 96 feet of said Tract 8;

THENCE South 89 degrees 22 minutes 00 seconds West 568.43 feet along said North
line;

THENCE North 45 degrees 00 minutes 00 seconds West 99.73 feet to the centerline of
Mission Lane as shown on said Plat Map of Dedication;

THENCE South 45 degrees 03 minutes 13 seconds West 30.19 feet along said
centerline to its intersection with the centerline of 31st Avenue as shown on said Plat
Map of Dedication being the beginning of a non-tangent curve the center of which bears
North 45 degrees 19 minutes 46 seconds 1282.00 feet;

THENCE Northerly along the centerline of said 31st Avenue and the arc of said curve
through a central angle of 11 degrees 40 minutes 47 seconds an arc length of 261.34
feet to the beginning of a compound curve having a radius of 1902.00 feet;




Page 109
THENCE Northerly along the centerline of said 31st Avenue and the arc of said curve
through a central angle of 24 degrees 30 minutes 00 seconds an arc length of 813.31
feet to the beginning of a compound curve having a radius of 5188.71 feet;

THENCE Northerly along the centerline of said 31st Avenue and the arc of said curve
through a central angle of 8 degrees 33 minutes 22 seconds an arc length of 774.84
feet;

THENCE North 1 degree 50 minutes 00 seconds East 34.90 feet along the centerline of
said 31st Avenue to its intersection with the centerline of Cheryl Drive as shown on said
Plat Map of Dedication and the beginning of a non-tangent curve the center of which
bears North 22 degrees 03 minutes 43 seconds East 550.00 feet;

THENCE Easterly along the centerline of said Cheryl Drive and the arc of said curve
through a central angle of 22 degrees 1 minute 22 seconds an arc length of 211.40 feet;

THENCE South 89 degrees 59 minutes 18 seconds East 48.59 feet along said
centerline to the beginning of a non-tangent curve the center of which bears South 89
degrees 59 minutes 37 seconds East 4932.71 feet;

THENCE Southerly along the arc of said curve through a central angle of 2 degrees 12
minutes 43 seconds an arc length of 190.43 feet;

THENCE North 87 degrees 47 minutes 40 seconds East 267.50 feet to the centerline of
Metro Parkway West as shown on said Plat Map of Dedication and the beginning of a
non-tangent curve the center of which bears North
87 degrees 47 minutes 40 seconds East 4665.21 feet;

THENCE Northerly along said centerline and the arc of said curve through a central
angle of 2 degrees 12 minutes 42 seconds an arc length of 180.08 feet to its
intersection with the centerline of said Cheryl Drive;

THENCE continuing along the centerline of said Metro Parkway West and along the arc
of said curve through a central angle of 8 degrees 30 minutes 0 seconds an arc length
of 692.10 feet to the beginning of a compound curve having a radius of 1378.50 feet;

THENCE Northerly along said centerline and along the arc of said compound curve
through a central angle of 17 degrees 14 minutes 57 seconds an arc length of 415.00
feet;

THENCE South 54 degrees 18 minutes 30 seconds East 301.13 feet to the beginning of
a non-tangent curve to the right the center of which bears South 44 degrees 57 minutes
54 seconds East 675.00 feet;

THENCE Easterly along the arc of said curve through a central angle of 34 degrees 58
minutes 17 seconds an arc length of 412.00 feet to the beginning of a compound curve
having a radius of 1104.00 feet;



Page 110
THENCE Easterly along the arc of said curve through a central angle of 7 degrees 15
minutes 30 seconds an arc length of 139.86 feet;

THENCE North 6 degrees 51 minutes 19 seconds West 410.01 feet to the beginning of
a curve to the left having a radius of 22.00 feet;

THENCE Northwesterly along the arc of said curve through a central angle of 89
degrees 27 minutes 45 seconds an arc length of 34.35 feet;

THENCE North 6 degrees 19 minutes 13 seconds West 43.50 feet to the centerline of
Metro Parkway East and the beginning of a non-tangent curve the center of which bears
South 6 degrees 19 minutes 13 seconds East 1187.50 feet;

THENCE Easterly along said centerline and the arc of said curve through a central
angle of 5 degrees 34 minutes 40 seconds an arc length of
115.60 feet;

THENCE South 0 degrees 44 minutes 33 seconds East 43.50 feet to the beginning of a
non-tangent curve the center of which bears South 0 degrees 44 minutes 33 seconds
East 22.00 feet;

THENCE Southwesterly along the arc of said curve through a central angle of 96
degrees 6 minutes 46 seconds an arc length of 36.90 feet;

THENCE South 6 degrees 51 minutes 19 seconds East 558. 77 feet to the beginning of
a curve to the left having a radius of 24.50 feet;

THENCE Southeasterly along the arc of said curve through a central angle of 79
degrees 52 minutes 57 seconds an arc length of 34.16 feet to the beginning of a
reverse curve having a radius of 936.50 feet;

THENCE Easterly along the arc of said curve through a central angle of 6 degrees 44
minutes 39 seconds an arc length of 110.23 feet to the beginning of a compound curve
having a radius of 507.50 feet;

THENCE Southeasterly along the arc of said curve through a central angle of 10
degrees 27 minutes 42 seconds an arc length of 92.66 feet;

THENCE North 6 degrees 51 minutes 20 seconds West 284.01 feet;

THENCE South 63 degrees 51 minutes 19 seconds East 236.27 feet;

THENCE South 26 degrees 8 minutes 41 seconds West 44.33 feet;

THENCE South 63 degrees 51 minutes 19 seconds East 112.14 feet;

THENCE South 51 degrees 22 minutes 12 seconds East 115.98 feet;



Page 111
THENCE South 55 degrees 44 minutes 19 seconds West 217.16 feet to the beginning
of a non-tangent curve the center of which bears South 43 degrees 16 minutes 46
seconds West 507.50 feet;

THENCE Southeasterly along the arc of said curve through a central angle of 13
degrees 43 minutes 37 seconds an arc length of 121.59 feet to the beginning of a
compound curve having a radius of 1127.50 feet;

THENCE Southeasterly along the arc of said curve through a central angle of 7 degrees
31 minutes 27 seconds an arc length of 148.06 feet to the beginning of a reverse curve
having a radius of 24.50 feet;

THENCE Southeasterly along the arc of said curve through a central angle of 83
degrees 26 minutes 57 seconds an arc length of 35.68 feet;

THENCE North 71 degrees 4 minutes 53 seconds East 335.72 feet to the centerline of
Metro Parkway East as shown on said Plat Map of Dedication and the beginning of a
non-tangent curve the center of which bears South 81 degrees 41 minutes 12 seconds
West 4665.21 feet;

THENCE Southerly along said centerline and the arc of said curve through a central
angle of 0 degrees 55 minutes 49 seconds an arc length of
75.75 feet;

THENCE South 75 degrees 47 minutes 46 seconds West 521.33 feet;

THENCE South 45 degrees 0 minutes 23 seconds West 386.00 feet;

THENCE South 0 degrees 0 minutes 23 seconds West 70.00 feet;

THENCE South 44 degrees 59 minutes 37 seconds East 35.00 feet;

THENCE South 45 degrees 0 minutes 23 seconds West 172.00 feet;

THENCE South 0 degrees 0 minutes 23 seconds West 46.07 feet;

THENCE South 44 degrees 59 minutes 37 seconds East 236.82 feet;

THENCE South 89 degrees 59 minutes 37 seconds East 46.07 feet;

THENCE North 45 degrees 00 minutes 23 seconds East 20.00 feet;

THENCE South 44 degrees 59 minutes 37 seconds East 15.00 feet;

THENCE North 45 degrees 0 minutes 23 seconds East 44.15 feet;

THENCE South 84 degrees 40 minutes 26 seconds East 640.21 feet to the centerline of
Metro Parkway East as shown on said Plat Map of Dedication and the beginning of a


Page 112
non-tangent curve the center of which bears North 86 degrees 51 minutes 19 seconds
West 4665.21 feet;

THENCE Northerly along said centerline and the arc of said curve through a central
angle of 6 degrees 31 minutes 41 seconds an arc length of 531.54 feet;

THENCE South 90 degrees 0 minutes 0 seconds East 274.44 feet to the
Westerly right of way line of Interstate 17;

THENCE South 0 degrees 16 minutes 25 seconds West 496.01 feet along said
Westerly right of way line;

THENCE South 2 degrees 20 minutes 00 seconds West 1013.59 feet along said
Westerly right of way line;

THENCE South 3 degrees 32 minutes 36 seconds West 292.54 feet along said
Westerly right of way line to the North line of property owned by Flood Control District of
Maricopa County described in Judgment recorded as document number 1989-0074536,
records of Maricopa County, Arizona;

THENCE South 78 degrees 10 minutes 10 seconds West 454.10 feet along said North
line;

THENCE North 13 degrees 42 minutes 20 seconds West 30.03 feet to the Northeast
corner of property deeded to Flood Control District of Maricopa County in Warranty
Deed recorded as docket 13193, Page 1502, records of Maricopa County, Arizona;

THENCE along the Northerly line of said deeded property the following 6 courses and
distances;

THENCE South 78 degrees 10 minutes 10 seconds West 60.00 feet;

THENCE South 11 degrees 49 minutes 50 seconds East 20.00 feet;

THENCE South 78 degrees 10 minutes 10 seconds West 260.00 feet;

THENCE South 89 degrees 47 minutes 45 seconds West 101.73 feet;

THENCE North 9 degrees 1 minute 53 seconds West 54.56 feet;

THENCE South 78 degrees 10 minutes 10 seconds West 107.62 feet to the centerline
of 29th Avenue as shown on said Plat Map of Dedication;

THENCE North 9 degrees 1 minute 53 seconds West 69. 75 feet along said centerline
to the POINT OF BEGINNING.

Comprising 128.203 acres more or less, subject to all easements of record.



Page 113
PARCEL NO. 2:
Lot 5, FINAL PLAT OF PREMIER METRO 2011, recorded in Book 1095 of Maps, Page
27, records of Maricopa County, Arizona.

Comprising 0.010 acres more or less, subject to all easements of record.

PARCEL NO. 3 (Dillards):
A parcel of land located in the east half of Section 26, Township 3 North, Range 2 East
of Gila and Salt River Base and Meridian described as follows:

COMMENCING for a tie at the North quarter corner of section 26, the North line of the
Northeast quarter which bears North 89 Degrees 58 Minutes 05 Seconds East;

Thence, South 2,216.52 feet; Thence, East 251.13 feet to a point;

Thence, continuing East 1,894.74 feet to the centerline of Metro Parkway East, being a
non-tangent curve, concave to the right, having a radius of 4,665.21 feet, the center of
which bears North 90 Degrees 00 Minutes 00 Seconds West, and the POINT OF
BEGINNING;

Thence, southerly along said centerline and said curve, through a central angle of 03
Degrees 08 Minutes 19 Seconds, and an arc length of 255.55 feet;

Thence, departing said centerline, North 84 Degrees 40 Minutes 49 Seconds West,
640.20 feet;

Thence, South 45 Degrees 00 Minutes 00 Seconds West, 44.15 feet;

Thence, North 45 Degrees 00 Minutes 00 Seconds West, 15.00 feet;

Thence, South 45 Degrees 00 Minutes 00 Seconds West, 20.00 feet;

Thence, North 90 Degrees 00 Minutes 00 Seconds West, 46.07 feet;

Thence, North 45 Degrees 00 Minutes 00 Seconds West, 236.82 feet;

Thence, North 00 Degrees 00 Minutes 00 Seconds East, 46.07 feet;

Thence, North 45 Degrees 00 Minutes 00 Seconds East, 172.00 feet;

Thence, North 45 Degrees 00 Minutes 00 Seconds West, 35.00 feet;

Thence, North 00 Degrees 00 Minutes 00 Seconds East, 70.00 feet;

Thence, North 45 Degrees 00 Minutes 00 Seconds East, 386.00 feet;


Page 114
Thence, North 75 Degrees 47 Minutes 23 Seconds East, 521.33 feet, to the centerline
of Metro Parkway East, being a non-tangent curve, concave to the right, having a radius
of 4,665.21 feet, the center of which bears South 82 Degrees 36 Minutes 39 Seconds
West;

Thence, southerly along said centerline and said curve, through a central angle of 07
Degrees 23 Minutes 21 Seconds, and an arc length of 601.66 feet, to the POINT OF
BEGINNING.

Said portion of land containing 572,870 square feet, or 13.1513 acres, more or less, and
being subject to any easements, restrictions, and/or rights-of-ways of record or
otherwise.




Page 115
Page 116



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-16-22-1 -
Approximately 300 Feet South of the Southwest Corner of 31st Avenue and
Dynamite Boulevard (Ordinance G-7046)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
S-1 (Ranch or Farm Residence) to R1-10 (Single-Family Residence District) to allow
single-family residential.

Summary
Current Zoning: S-1
Proposed Zoning: R1-10
Acreage: 5.04 acres
Proposal: Single-family residential

Owner: Randy and Betty Schmille
Applicant and Representative: Ed Bull, Burch & Cracchiolo P.A.

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Deer Valley Village Planning Committee heard this case on Aug. 11,
2022, and recommended denial, by a vote of 7-4.
PC Action: The Planning Commission heard this case on Oct. 6, 2022, and
recommended approval, per the Addendum A Staff Report with a modification, by a
vote of 8-1.

Location
Approximately 300 feet south of the southwest corner of 31st Avenue and Dynamite
Boulevard
Council District: 1
Parcel Address: 28010 and 28020 N. 31st Ave.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.



Page 117
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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-16-22-1) FROM S-1 (RANCH OR FARM
RESIDENCE) TO R1-10 (SINGLE-FAMILY RESIDENCE
DISTRICT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 5.04 acre site located approximately 300 feet

south of the southwest corner of 31st Avenue and Dynamite Boulevard in a portion of

Section 35, Township 5 North, Range 2 East, as described more specifically in Exhibit

“A,” is hereby changed from “S-1” (Ranch or Farm Residence), to “R1-10” (Single-

Family 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 118
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:


1. The development shall not exceed 14 lots.

2. The development shall be in general conformance with the conceptual elevations
date stamped March 10, 2022, as approved by the Planning and Development
Department.

3. A minimum of 10 lots, which shall include all lots adjacent to 31st Avenue, the lot
at the northwest corner of the site, and all lots adjacent to the south perimeter of
the site, shall be limited to 1 story and 20 feet in height, as approved by the
Planning and Development Department.

4. The common open space area shall provide a minimum of 2 active recreational
elements, such as, but not limited to, playground sets, ramadas, barbeque area,
as approved by the Planning and Development Department.

5. The required landscape setback along 31st Avenue shall include minimum 50
percent 2-inch caliper and minimum 50 percent 3-inch caliper trees planted 20
feet on center or in equivalent groupings, as approved by the Planning and
Development Department.

6. All sidewalks within the subdivision shall be detached with a minimum 5-foot-
wide landscaped strip located between the sidewalk and back of curb and 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.

7. 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.

8. The property owner shall record documents that disclose the existence, and
operational characteristics of Deer Valley Airport 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.

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



Page 119
10. 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 2nd day of November,

2022.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Page 120
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 121
EXHIBIT A

Parcel 1:
The North half of the South half of the Northeast quarter of the Northeast quarter of the
Northwest quarter of Section 35, Township 5 North, Range 2 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona;
EXCEPTING the Easterly 25 feet for right of way purposes as found in Ordinance S-
29091; and
EXCEPT all oil, gas and other mineral deposits as reserved to the United States of
America in patent to said land recorded in Docket 3620, page 379.

Parcel 2:
The South half of the South half of the Northeast quarter of the Northeast quarter of the
Northwest quarter of Section 35, Township 5 North, Range 2 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona;
EXCEPTING the Easterly 25 feet for right of way purposes as found in Ordinance S-
29091; and
EXCEPT all oil, gas and other mineral deposits as reserved to the Unites States of
America in patent to said land recorded in Docket 3620, page 379.
together with all rights and privileges appurtenant thereto.




Page 122
Page 123



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-37-22-2 (32nd
Street EV Body Repair Center PUD) - Approximately 320 feet North of the
Northwest Corner of 32nd Street and Union Hills Drive (Ordinance G-7050)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-2 (Intermediate Commercial) to PUD (Planned Unit Development) to allow electric
vehicle body repair and C-2 commercial uses.

Summary
Current Zoning: C-2
Proposed Zoning: PUD
Acreage: 5.05 acres
Proposed Use: Electric vehicle body repair and C-2 commercial uses

Owner: SCLP 32nd Street, LLC
Applicant and Representative: Carolyn Oberholtzer; Bergin, Frakes, Smalley &
Oberholtzer

Staff Recommendation: Approval, subject to stipulations.
VPC Info: The Paradise Valley Village Planning Committee heard this case on Aug. 1,
2022, for information only.
VPC Action: The Paradise Valley Village Planning Committee heard this case on Sept.
12, 2022, and recommended approval, per the staff recommendation, by a vote of 15-
0.
PC Action: The Planning Commission heard this case on Oct. 6, 2022, and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation, by a vote of 9-0.

Location
Approximately 320 feet north of the northwest corner of 32nd Street and Union Hills
Drive
Council District: 2
Parcel Address: 18808 N. 32nd St.



Page 124

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 125
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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-37-22-2) FROM C-2 (INTERMEDIATE
COMMERCIAL) TO PUD (PLANNED UNIT DEVELOPMENT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 5.05-acre property located approximately

320 feet north of the northwest corner of 32nd Street and Union Hills Drive in a portion

of Section 26, Township 4 North, Range 3 East, as described more specifically in

Exhibit “A,” is hereby changed from “C-2” (Intermediate Commercial) 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,




Page 126
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 32nd Street EV Body Repair
Center PUD reflecting the changes approved through this request shall be
submitted to the Planning Department within 30 days of City Council approval
of this request. The updated Development Narrative shall be consistent with
Development Narrative date stamped August 22, 2022, as modified by the
following stipulations.

a. Front Cover, add “City Council adopted: [Insert Adoption date]”

b. Page 7, Development Standards, revise the last portion of the last
sentence to read: “…..and Section 1307.H. (Walkable Urban Code –
Bicycle Parking).”

c. Page 7 and 14, first foot note, revise the first portion of the sentence to:
“Trash enclosures and…..”.

d. Page 8, Landscape Standards table, Parking Lot Landscaping
standards, add an asterisk next to 10% to indicate that existing parking
areas will adhere to Section 702.A.3 per the footnote below the table.

e. Page 8, Operational Standards, remove extra period from the first
sentence.

f. Page 12, Lighting Standards, revise the last portion of the sentence to
read: “….shall adhere to Section 704 and 507.Tab.A. standards of the
Zoning Ordinance…”.

2. 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.

3. 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.

4. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 Waiver of Claims forms. 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 127
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 2nd day of November,

2022.




________________________________
MAYOR
ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 128
EXHIBIT A

LEGAL DESCRIPTION FOR Z-37-22-2


THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 4
NORTH, RANGE 3 EAST, OF THE GILA SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA;

EXCEPT THAT PORTION DESCRIBED IN DOCUMENT NO. 2000-0260599, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26,
TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, LYING EAST OF THE LINE DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTH HALF
AND THE WEST LINE OF THE EAST 65 FEET THEREOF;

THENCE NOTHERLY ALONG SAID WEST LINE TO THE SOUTH LINE OF THE
NORTH 230.33 FEET OF SAID NORTH HALF;

THENCE NORTHEASTERLY TO THE INTERSECTION OF THE NORTH LINE OF
SAID NORTH HALF WITH THE WEST LINE OF THE EAST 55 FEET THEREOF AND
THE TERMINUS OF THE LINE DESCRIBED HEREIN.




Page 129
Page 130



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-46-22-4 -
Northwest Corner of the 5th Street Alignment and Thomas Road (Ordinance G-
7043)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-5 (Multifamily Residence District) to WU Code T5:2 MT (Walkable Urban Code,
Transect 5:2, Transit Midtown Character Area) to allow retail, restaurant,and office
uses.

Summary
Current Zoning: R-5
Proposed Zoning: WU Code T5:2 MT
Acreage: 0.75 acres
Proposed Use: Retail, restaurant, and office uses

Owner: David Chamberlin, Suncor Partners Thomas Office, LLC
Applicant: David Chamberlin, D.B. Chamberlin & Associates, LLC
Representative: Benjamin Graff, Quarles & Brady, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on Sept. 12,
2022, and recommended approval, per the staff recommendation, by a vote of 11-0.
PC Action: The Planning Commission heard this case on Oct. 6, 2022, and
recommended approval, per the Encanto Village Planning Committee
recommendation, by a vote of 9-0.

Location
Northwest corner of the 5th Street Alignment and Thomas Road
Council District: 4
Parcel Address: 336, 342, and 346 E. Thomas Road

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.


Page 131
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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-46-22-4) FROM R-5 (MULTIFAMILY RESIDENCE
DISTRICT) TO WU CODE T5:2 MT (WALKABLE URBAN CODE,
TRANSECT 5:2, TRANSIT MIDTOWN CHARACTER AREA).


____________


BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 0.75 acre site located at the northwest

corner of the 5th Street alignment and Thomas Road, in a portion of Section 29,

Township 2 North, and Range 3 East, as described more specifically in Exhibit “A”, is

hereby changed from “R-5” (Multifamily Residence District) to “WU Code T5:2 MT”

(Walkable Urban Code, Transect 5:2, Transit Midtown Character Area).

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 132
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The developer shall construct a minimum 6-foot-wide sidewalk separated by a
minimum 10-foot-wide landscape area along the north side of Thomas Road
planted with minimum three-inch caliper shade trees placed 20 feet on center
or in equivalent groupings, as approved by the Planned and Development
Department.

2. The developer shall dedicate a sidewalk easement for the north side of
Thomas Road so the total right-of-way and sidewalk easement equals 50 feet,
as approved by the Planning and Development Department.

3. A minimum landscape setback of 10 feet in width shall be provided along the
west property line for a linear distance of 80 feet measured from the south
property line, as approved by the planning and development department.

4. A minimum of 14 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near building entrances and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.

5. The developer shall dedicate a total of 20 feet along the northern alley, as
approved by the Planning and Development Department.

6. The developer shall provide local street paving for the full length of the alley
along the development’s frontage, as approved by the Planning and
Development Department.

7. The developer shall dedication a 10-foot by 10-foot right-of-way triangle for a
total 25-foot by 25-foot clearance at the northeast corner of the site, as
approved by the Planning and Development Department.

8. 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.

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




Page 133
10. 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.

11. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport 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.


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 2nd day of November,

2022.



________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


Page 134
_________________________
Jeffrey Barton, City Manager


Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 135
EXHIBIT A

Within a portion of Section 29, Township 2 North, Range 3 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described
as follows:

Parcel No. 1

Lot 2 and the East 12.50 feet of Lot 4, Block 2, MAYFAIR, according to Book 19, page
SO of Maps, records of Maricopa County, Arizona;
EXCEPT that portion of said Lot 2 conveyed to the City of Phoenix by Deed recorded in
Docket 15158, page 1119;

EXCEPT any portion of above Parcels 1, 2 and 3 which were conveyed to the City of
Phoenix by document in Recording Nos. 90-452641 and 2002-0706901.

Assessor's Parcel Number: 118-21-067B

Commonly Known as: 346 East Thomas Road, Phoenix, AZ 85012

Parcel No. 2

The West 37.50 feet of Lot 4, Block 2, and the East 26.00 feet of Lot 6, Block 2,
MAYFAIR, according to Book 19 of Maps, page SO, records of Maricopa County,
Arizona;

EXCEPT that portion, if any, lying within the East 12.50 feet of Lot 4 and the West half
of Lot 6.

Assessor's Parcel Number: 118-21-069

Commonly Known as: 342 East Thomas Road, Phoenix, AZ 85012

Parcel No. 3

Lot 8 and the West half of Lot 6, Block 2, MAYFAIR, according to Book 19 of Maps,
page SO, records of Maricopa County, Arizona;

EXCEPT the West 12.50 feet of Lot 8.

Assessor's Parcel Number: 118-21-072

Commonly Known as: 336 East Thomas Road, Phoenix, AZ 85012




Page 136
Page 137



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-51-22-7 -
Northwest Corner of 6th Avenue and Van Buren Street (Ordinance G-7045)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
DTC-Van Buren (Downtown Code, Van Buren Character Area) to DTC-Van Buren HP
(Downtown Code, Van Buren Character Area, Historic Preservation Overlay) to allow a
Historic Preservation Overlay for the City Center Motel.

Summary
Current Zoning: DTC-Van Buren
Proposed Zoning: DTC-Van Buren HP
Acreage: 0.61 acres
Proposal: Historic Preservation Overlay for the City Center Motel

Owner: Fabius Enterprise, LLC
Applicant: City of Phoenix, Historic Preservation Commission
Representative: Kevin Weight, City of Phoenix, Planning and Development
Department

Staff Recommendation: Approval.
VPC Action: The Central City Village Planning Committee heard this case on Sept. 12,
2022, and recommended approval, by a vote of 15-0.
HPC Action: The Historic Preservation Commission heard this case on Sept. 19, 2022,
and recommended approval, by a vote of 5-0.
PC Action: The Planning Commission heard this case on Oct. 6, 2022, and
recommended approval, per the Central City Village Planning Committee and the
Historic Preservation Commission recommendations, by a vote of 9-0.

Location
Northwest corner of 6th Avenue and Van Buren Street
Council District: 7
Parcel Address: 312, 316 and 318 N. 6th Ave.; and 600 and 612 W. Van Buren St.

Responsible Department


Page 138

This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 139
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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-51-22-7) FROM DTC-VAN BUREN
(DOWNTOWN CODE, VAN BUREN CHARACTER AREA) TO
DTC-VAN BUREN HP (DOWNTOWN CODE, VAN BUREN
CHARACTER AREA, HISTORIC PRESERVATION OVERLAY).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 0.61 acre site located at the northwest

corner of 6th Avenue and Van Buren Street in a portion of Section 5, Township 1 North,

Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from

“DTC-Van Buren” (Downtown Code, Van Buren Character Area), to “DTC-Van Buren

HP” (Downtown Code, Van Buren Character Area, Historic Preservation Overlay).

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.”




Page 140
SECTION 3. 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 2nd day of November,

2022.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)




Page 141
EXHIBIT A

LEGAL DESCRIPTION FOR Z-51-22-7

A PARCEL OF LAND BEING PORTIONS OF THE LOTS AND TRACTS SHOWN ON
WILLIAMS SUBDIVISION RECORDED IN BOOK 7, PAGE 24, MARICOPA COUNTY
RECORDS (MCR) BEING THOSE TRACTS AS CONVEYED TO FABIUS
ENTERPRISE, LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 2020-
0550928, MCR AND INSTRUMENT NUMBER 2021-1167191, MCR AND LYING IN
THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 3
EAST OF THE GILA & SALT RIVER MERIDIAN, CITY OF PHOENIX, MARICOPA
COUNTY, ARIZONA AND BEING MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE MONUMENT LINE OF SIXTH
AVENUE WITH THE LOCALLY ACCEPTED AND PERPETUATED MONUMENT LINE
OF VAN BUREN STREET (STONE IN HAND HOLE) FROM WHICH POINT THE
MONUMENT LINE INTERSECTION OF SAID SIXTH AVENUE WITH FILLMORE
STREET (PK NAIL WITH TAG RPA RLS 33868) BEARS N0°06'09"E A DISTANCE OF
1213.92 FEET;
THENCE N0°06'09"E, ALONG SAID MONUMENT LINE OF SIXTH AVENUE, A
DISTANCE OF 31.41 FEET;
THENCE N89°53'51"W, ACROSS THE RIGHT-OF-WAY OF SAID SIXTH AVENUE, A
DISTANCE OF 32.82 FEET TO A POINT BEING THE RIGHT-OF-WAY
INTERSECTION OF THE WEST LINE OF SIXTH AVENUE WITH THE NORTH LINE
OF VAN BUREN STREET AND BEING POINT OF BEGINNING;
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING THREE (3)
COURSES AND DISTANCES:
1) N89°40'24"W A DISTANCE OF 102.23 FEET;
2) N0°00'45"E A DISTANCE OF 2.47 FEET;
3) N89°52'39"W A DISTANCE OF 0.31 FEET;
THENCE ACROSS SAID FABIUS ENTERPRISE TRACTS THE FOLLOWING EIGHT
(8) COURSES AND DISTANCES:
1) N0°08'37"E A DISTANCE OF 15.52 FEET;
2) N90°00'00"E A DISTANCE OF 19.90 FEET;
3) N0°00'00"E A DISTANCE OF 11.74 FEET;
4) N90°00'00'E A DISTANCE OF 3.87 FEET;
5) N0°00'00"E A DISTANCE OF 70.87 FEET;



Page 142
6) N90°00'00"W A DISTANCE OF 4.06 FEET;
7) N0°00'00"E A DISTANCE OF 91.83 FEET;
8) N90°00'00"E A DISTANCE OF 83.13 FEET TO A POINT ON SAID WEST RIGHT-
OF-WAY LINE OF SIXTH AVENUE;
THENCE S0°06'09"W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF
193.02 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 16,057.49 S.F. (0.3686 ACRE) OF
LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD.
THE BASIS OF BEARING FOR THE ABOVE DESCRIPTION IS N0°06'09"E FOR THE
N0°06'09"E FOR THE FOR THE MONUMENT LINE OF SIXTH AVENUE BETWEEN
FILLMORE STREET AND VAN BUREN STREET CALCULATED USING THE
RESULTS OF SURVEY RECORDED IN BOOK 880, PAGE 42, MCR AND THE
RECORD OF SURVEY PLSS SUBDIVISION - MARICOPA COUNTY GEODETIC
DENSIFICATION AND CADASTRAL SURVEY (GDACS) FOR TOWNSHIP 1 NORTH,
RANGE 3 EAST OF THE GILA & SALT RIVER MERIDIAN RECORDED IN BOOK 800,
PAGE 21, MCR




Page 143
Page 144



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-SP-6-22-7 -
Approximately 650 Feet East of the Southeast Corner of 107th Avenue and
Lower Buckeye Road (Ordinance G-7047)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of
the City of Phoenix, by adopting Rezoning Application Z-SP-6-22-7 and rezone the
site from C-2 (Intermediate Commercial) to C-2 SP (Intermediate Commercial,
Special Permit) to allow a self-service storage warehouse and all underlying C-2
uses.

Summary
Current Zoning: C-2
Proposed Zoning: C-2 SP
Acreage: 4.75
Proposed Use: Self-service storage warehouse and all underlying C-2 uses

Owner: Devan Wastchak, Quick Trip Co.
Applicant and Representative: Ed Bull, Burch & Cracchiolo, P.A.

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee heard this case on Sept. 20,
2022, and recommended approval, per the staff recommendation, by a vote of 7-5-
1.
PC Action: The Planning Commission heard this case on Oct. 6, 2022, and
recommended approval, per the Estella Village Planning Committee
recommendation, by a vote of 8-1.

Location
Approximately 650 feet east of the southeast corner of 107th Avenue and Lower
Buckeye Road
Council District: 7
Parcel Address: 2801 and 2825 S. 107th Ave.; and 10587, 10639, and 10675 W.
Lower Buckeye Road.



Page 145

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning
and Development Department.




Page 146
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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-SP-6-22-7) FROM C-2 (INTERMEDIATE
COMMERCIAL) TO C-2 SP (INTERMEDIATE COMMERCIAL,
SPECIAL PERMIT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 4.75-acre site located approximately 650 feet

east of the southeast corner of 107th Avenue and Lower Buckeye Road in a portion of

Section 20, Township 1 North, Range 1 East, as described more specifically in Exhibit

“A,” is hereby changed from “C-2” (Intermediate Commercial), to “C-2 SP” (Intermediate

Commercial, Special Permit) to allow self-service storage warehouse and all underlying

C-2 uses.

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.”




Page 147
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 date
stamped August 15, 2022 as modified by the following stipulations and
approved by the Planning and Development Department.

2. The site shall be developed with a similar architectural theme as the
commercial development directly to the west. The theme shall assure that the
building and canopy colors, elevations, exterior materials, landscaping, lighting,
and signage convey a sense of continuity throughout the development.

3. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
south side of Lower Buckeye Road and a minimum 10-foot-wide multi-use trail
(MUT) shall be constructed within the easement in accordance with the MAG
supplemental detail and as approved by the Planning and Development
Department. Where conflicts or restrictions exist, the developer shall work with
the Site Planning section on an alternate design through the technical appeal
process.

4. The developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 11-foot-wide landscape strip located between the sidewalk and back
of curb, along the south side of Lower Buckeye Road, landscape as follows, as
approved by the Planning and Development Department.

a. Minimum 2-inch caliper drought-tolerant single trunk shade trees planted
to provide a minimum of 75 percent shade at maturity.

b. Drought tolerant vegetation to achieve 75 percent live coverage at
maturity

Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.

5. All uncovered surface parking lot areas for employees and customers shall be
landscaped with minimum 2-inch caliper size large canopy drought tolerant
shade trees. Landscaping shall be dispersed throughout the parking area and
achieve minimum 25% shade at maturity, as approved by the Planning and
Development Department.




Page 148
6. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.

7. Landscaping along Lower Buckeye Road shall conform with the Estrella Village
Arterial Street Landscape Program landscape palette and landscaping
standards, as approved by the Planning and Development Department.

8. A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrances or in a secure location
inside the building and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department. Artistic racks shall adhere to the City of Phoenix Preferred
Designs in Appendix K of the Comprehensive Bicycle Master Plan.

9. The developer shall dedicate minimum 55-feet of right-of-way for the south side
of Lower Buckeye Road, as approved by the Planning and Development
Department.

10. The developer shall construct and landscape a minimum 14-foot-wide median
island in Lower Buckeye Road from 107th Avenue connecting to the existing
median, east of the development site, as approved by the Street Transportation
Department.

11. All access control to 107th Avenue shall be reviewed and approved by
Maricopa County, with documentation of approval to be provided to the City
prior to preliminary site plan approval.

12. Existing irrigation facilities along Lower Buckeye Road 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
the facility. Relocations that require additional dedications and or land transfers
require completion prior to obtaining plat and/or civil plan review approval.

13. The applicant shall complete and submit the Developer Project Information
Form for the MAG Transportation Improvements Program to the Street
Transportation Department. This form is a requirement of the EPA to meet
clean air quality requirements.

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.




Page 149
15. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Goodyear Airport (GYR) 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.

16. 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.

17. 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 2nd day of November,

2022.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney




Page 150
By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 151
EXHIBIT A

PAD 4 - LEGAL DESCRIPTION

THAT PORTION OF FARM UNIT "N", ACCORDING TO THE FARM UNIT
PLAT, OR THE NORTH HALF OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 1 NORTH, RANGE 1 EAST OF THE GILA AND
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
FURTHER DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 20
FROM WHICH THE WEST QUARTER CORNER BEARS S 00°39'22" E
(BASIS OF BEARING), A DISTANCE OF 2657.53 FEET;

THENCE NORTH 89 DEGREES 49 MINUTES 14 SECONDS EAST, ON
THE NORTH LINE OF THE NORTHWEST QUARTER, A DISTANCE OF
659.03 FEET; TO THE POINT OF BEGINNING OF THE EASEMENT
HEREIN DESCRIBED.

THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 89
DEGREES 49 MINUTES 14 SECONDS EAST, A DISTANCE OF
226.27 FEET;

THENCE SOUTH 00 DEGREES 39 MINUTES 22 SECONDS EAST, A

DISTANCE OF 590.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES

14 SECONDS WEST, A DISTANCE OF 536.28 FEET; THENCE NORTH 00

DEGREES 39 MINUTES 22 SECONDS WEST, A DISTANCE OF 237.16

FEET; THENCE NORTH 89 DEGREES 49 MINUTES 14 SECONDS EAST,

A DISTANCE OF 310.01 FEET;

THENCE NORTH 00 DEGREES 39 MINUTES 22 SECONDS WEST, A
DISTANCE OF 352.83 FEET TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINS 207,013 SQUARE FEET OR 4.752 ACRES,
MORE OR LESS.




Page 152
Page 153



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-32-22-7 -
Approximately 460 Feet South of the Southwest Corner of 83rd Avenue and
Buckeye Road (Ordinance G-7048)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of
the City of Phoenix, by adopting Rezoning Application Z-32-22-7 and rezone the
site from C-2 (Intermediate Commercial) to C-2 HGT/WVR (Intermediate
Commercial, Height Waiver) to allow commercial use with a height waiver. This is a
companion case to Z-SP-4-22-7 and must be heard first, followed by Z-SP-4-22-7.

Summary
Current Zoning: C-2
Proposed Zoning: C-2 HGT/WVR
Acreage: 2.55
Proposed Use: Commercial use with a height waiver

Owner: Dolce Vita Development, LLC
Applicant: SAFStor Real Estate Co, LLC
Representative: Michael Maerowitz, Snell & Wilmer, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee heard this case on Aug. 16,
2022, and continued the case, by a vote of 5-2. The Estrella Village Planning
Committee heard this case on Sept. 20, 2022 and recommended approval, per the
staff recommendation with a modification and additional stipulations, by a vote of 8-
4-1.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
continued the case, by a vote of 7-0. The Planning Commission heard this case on
Oct. 6, 2022, and recommended approval, per the Estrella Village Planning
Committee recommendation, by a vote of 8-1.

Location
Approximately 460 feet south of the southwest corner of 83rd Avenue and Buckeye
Road


Page 154

Council District: 7
Parcel Address: 1300 and 1400 S. 83rd Ave.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning
and Development Department.




Page 155
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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-32-22-7) FROM C-2 (INTERMEDIATE
COMMERCIAL) TO C-2 HGT/WVR (INTERMEDIATE
COMMERCIAL, HEIGHT WAIVER).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 2.55-acre site located approximately 460 feet

south of the southwest corner of 83rd Avenue and Buckeye Road in a portion of Section

15, Township 1 North, Range 1 East, as described more specifically in Exhibit “A,” is

hereby changed from “C-2” (Intermediate Commercial), to “C-2 HGT/WVR”

(Intermediate Commercial, Height Waiver).

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 156
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 elevations date
stamped April 18, 2022, as modified by the following stipulations and approved
by the Planning and Development Department.

2. A minimum building setback of 100 feet shall be required along the south
property line.

3. The maximum building height shall be 36 feet for a self-service storage
warehouse facility. All other uses shall be limited to a maximum building height
of 2 stories not to exceed 30 feet.

4. The development shall conform with the Estrella Village Arterial Street
Landscaping Program landscape pallet and landscaping standards along
arterial streets in the Estrella Village, except as otherwise noted herein, as
approved by the Planning and Development Department.

5. The south landscape setback shall be planted with minimum 50% 2-inch caliper
and minimum 50% 3-inch caliper large canopy, drought tolerant trees, planted
20 feet on center or in equivalent groupings, as approved by the Planning and
Development Department.

6. Evergreen trees shall be planted within the landscape setback along the south
perimeter of the site, as approved by the Planning and Development
Department.

7. Where pedestrian pathways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts with parking and drive aisle
surfaces, as approved by the Planning and Development Department.

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

9. A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks dispersed throughout the site installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, or in a
secure room, as approved by the Planning and Development Department.

10. All sidewalks along 83rd Avenue shall be detached with a landscape strip
located between the sidewalk and back of curb following the most recent Cross
Section of the Street Classification Map and planted to the following standards,
as approved and/or modified by the Planning and Development department.


Page 157
a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade
trees to provide a minimum 75% shade.

b. Drought tolerant vegetation maintained no higher than 24 inches to
provide a minimum of 75% live coverage at maturity.

Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.

11. The developer shall reserve four storage units (minimum size 10 feet by 10
feet) for use by community organizations and/or persons in need free of
charge. Of these storage units, one storage units may be reserved for a
community organization for use as a meeting room; and three storage units (or
four if the other unit is not being uses as a meeting space) shall be reserved for
storage purposes for persons in need as individuals by the community
organization or developer (such as victims of domestic violence or persons
evicted from their home).

12. Any future planning hearing officer action to modify these stipulations shall
require the following:

a. Enhanced public notification to include notice of the application to all
property owners within 1,000 feet of the subject site and city registered
neighborhood organizations within one mile of the subject site.

b. Recommendation from the Estrella Village Planning Committee.

13. The developer shall construct a restricted right-in/right-out driveway along 83rd
Avenue, as approved by the Planning and Development Department. The
developer shall complete the application and dedicate and construct all
necessary improvements within the Salt River Project Agricultural
Improvements and Power District designated lands or as modified by the Street
Transportation 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. 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.

16. Prior to preliminary site plan approval, the landowner shall execute a


Page 158
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 2nd day of November,

2022.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager

Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)


Page 159
EXHIBIT A

LOT 4 AND A PORTION OF LOT 3, BUCKEYE FULFILLMENT CENTER,
ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 1199 OF
MAPS, PAGE 39, LOCATED IN THE NORTHEAST QUARTER OF SECTION 15,
TOWNSHIP 1 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 83 DEGREES 12 MINUTES 17 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID LOT 4, A DISTANCE OF 292.15 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 4;
THENCE NORTH 05 DEGREES 18 MINUTES 02 SECONDS WEST, ALONG THE
WEST LINE OF SAID LOT 4, A DISTANCE OF 254.16 FEET TO THE NORTHWEST
CORNER OF SAID LOT 4;
THENCE CONTINUING ALONG SAID LINE, NORTH 05 DEGREES 18 MINUTES 02
SECONDS WEST, A DISTANCE OF 57.13 FEET;
THENCE SOUTH 89 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF
323.77 FEET;
THENCE SOUTH 01 DEGREE 05 MINUTES 37 SECONDS WEST, A DISTANCE OF
13.63 FEET TO THE NORTHEAST CORNER OF SAID LOT 4;
THENCE CONTINUING ALONG SAID LINE, SOUTH 01 DEGREE 05 MINUTES 37
SECONDS WEST, A DISTANCE OF 240.17 FEET;
THENCE SOUTH 00 DEGREES 05 MINUTES 51 SECONDS WEST, A DISTANCE OF
16.30 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 89,145 SQUARE FEET OR 2.046 ACRES, MORE OR
LESS.




Page 160
Page 161



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-SP-4-22-7 -
Approximately 460 Feet South of the Southwest Corner of 83rd Avenue and
Buckeye Road (Ordinance G-7049)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of
the City of Phoenix, by adopting Rezoning Application Z-SP-4-22-7 and rezone the
site from C-2 (Pending C-2 HGT/WVR) (Intermediate Commercial, Pending
Intermediate Commercial, Height Waiver) to C-2 SP HGT/WVR (Intermediate
Commercial, Special Permit, Height Waiver) to allow a self-service storage facility
and all underlying C-2 uses with a height waiver. This is a companion case to Z-32-
22-7, and must be heard immediately following.

Summary
Current Zoning: C-2 (Pending C-2 HGT/WVR)
Proposed Zoning: C-2 SP HGT/WVR
Acreage: 2.55
Proposed Use: Self-service storage facility and all underlying C-2 uses with a height
waiver

Owner: Dolce Vita Development, LLC
Applicant: SAFStor Real Estate Co, LLC
Representative: Michael Maerowitz, Snell & Wilmer, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee heard this case on Aug. 16,
2022, and continued the case, by a vote of 5-2. The Estrella Village Planning
Committee heard this case on Sept. 20, 2022 and recommended approval, per the
staff recommendation with a modification and additional stipulations, by a vote of 9-
2-2.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
continued the case, by a vote of 7-0. The Planning Commission heard this case on
Oct. 6, 2022, and recommended approval, per the Estrella Village Planning
Committee recommendation with a deleted stipulation, by a vote of 8-1.



Page 162

Location
Approximately 460 feet south of the southwest corner of 83rd Avenue and Buckeye
Road
Council District: 7
Parcel Address: 1300 and 1400 S. 83rd Ave.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning
and Development Department.




Page 163
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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-SP-4-22-7) FROM C-2 (PENDING C-2
HGT/WVR) (INTERMEDIATE COMMERCIAL, PENDING
INTERMEDIATE COMMERCIAL, HEIGHT WAIVER) TO C-2 SP
HGT/WVR (INTERMEDIATE COMMERCIAL, SPECIAL PERMIT,
HEIGHT WAIVER).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 2.55-acre site located approximately 460 feet

south of the southwest corner of 83rd Avenue and Buckeye Road in a portion of Section

15, Township 1 North, Range 1 East, as described more specifically in Exhibit “A,” is

hereby changed from “C-2 (Pending C-2 HGT/WVR)” (Intermediate Commercial,

Pending Intermediate Commercial, Height Waiver), to “C-2 SP HGT/WVR”

(Intermediate Commercial, Special Permit, Height Waiver) to allow self-service storage

facility and all underlying C-2 uses with a height waiver.




Page 164
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 elevations date
stamped April 18, 2022, as modified by the following stipulations and approved
by the Planning and Development Department.

2. A minimum building setback of 100 feet shall be required along the south
property line.

3. The maximum building height shall be 36 feet for a self-service storage
warehouse facility. All other uses shall be limited to a maximum building height
of 2 stories not to exceed 30 feet.

4. The development shall conform with the Estrella Village Arterial Street
Landscaping Program landscape pallet and landscaping standards along
arterial streets in the Estrella Village, except as otherwise noted herein, as
approved by the Planning and Development Department.

5. The south landscape setback shall be planted with minimum 50% 2-inch caliper
and minimum 50% 3-inch caliper large canopy, drought tolerant trees, planted
20 feet on center or in equivalent groupings, as approved by the Planning and
Development Department.

6. Evergreen trees shall be planted within the landscape setback along the south
perimeter of the site, as approved by the Planning and Development
Department.

7. Where pedestrian pathways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts with parking and drive aisle
surfaces, as approved by the Planning and Development Department.

8. All uncovered surface parking lot area shall be landscaped with minimum 2-
inch caliper size large canopy drought tolerant shade trees. Landscaping shall
be dispersed throughout the parking area and achieve 25% shade at maturity,



Page 165
as approved by Planning and Development Department.

9. A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks dispersed throughout the site installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, or in a
secure room, as approved by the Planning and Development Department.

10. All sidewalks along 83rd Avenue shall be detached with a landscape strip
located between the sidewalk and back of curb following the most recent Cross
Section of the Street Classification Map and planted to the following standards,
as approved and/or modified by the Planning and Development department.

a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade
trees to provide a minimum 75% shade.

b. Drought tolerant vegetation maintained no higher than 24 inches to
provide a minimum of 75% live coverage at maturity.

Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.

11. Any future planning hearing officer action to modify these stipulations shall
require the following:

a. Enhanced public notification to include notice of the application to all
property owners within 1,000 feet of the subject site and city registered
neighborhood organizations within one mile of the subject site.

b. Recommendation from the Estrella Village Planning Committee.

12. The developer shall construct a restricted right-in/right-out driveway along 83rd
Avenue, as approved by the Planning and Development Department. The
developer shall complete the application and dedicate and construct all
necessary improvements within the Salt River Project Agricultural
Improvements and Power District designated lands or as modified by the Street
Transportation Department.

13. 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.

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



Page 166
Archaeology Office to properly assess the materials.

15. 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 2nd day of November,

2022.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney



By:
_________________________
_________________________


REVIEWED BY:

_________________________
Jeffrey Barton, City Manager



Page 167
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 168
EXHIBIT A

LOT 4 AND A PORTION OF LOT 3, BUCKEYE FULFILLMENT CENTER,
ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 1199 OF
MAPS, PAGE 39, LOCATED IN THE NORTHEAST QUARTER OF SECTION 15,
TOWNSHIP 1 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 83 DEGREES 12 MINUTES 17 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID LOT 4, A DISTANCE OF 292.15 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 4;
THENCE NORTH 05 DEGREES 18 MINUTES 02 SECONDS WEST, ALONG THE
WEST LINE OF SAID LOT 4, A DISTANCE OF 254.16 FEET TO THE NORTHWEST
CORNER OF SAID LOT 4;
THENCE CONTINUING ALONG SAID LINE, NORTH 05 DEGREES 18 MINUTES 02
SECONDS WEST, A DISTANCE OF 57.13 FEET;
THENCE SOUTH 89 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF
323.77 FEET;
THENCE SOUTH 01 DEGREE 05 MINUTES 37 SECONDS WEST, A DISTANCE OF
13.63 FEET TO THE NORTHEAST CORNER OF SAID LOT 4;
THENCE CONTINUING ALONG SAID LINE, SOUTH 01 DEGREE 05 MINUTES 37
SECONDS WEST, A DISTANCE OF 240.17 FEET;
THENCE SOUTH 00 DEGREES 05 MINUTES 51 SECONDS WEST, A DISTANCE OF
16.30 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 89,145 SQUARE FEET OR 2.046 ACRES, MORE OR
LESS.




Page 169
Page 170



Report

***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** Public Hearing and
Ordinance Adoption - Planning Hearing Officer Application PHO-1-22--Z-26-15-4 -
Northwest Corner of Central Avenue and Pierson Street (Ordinance G-7053)

Request to hold a public hearing and authorize the City Manager, or his designee, to
consider the Planning Commission recommendation by the City Council on matters
heard by the Planning Hearing Officer on Aug. 17, 2022, and the Planning Commission
on Oct. 6, 2022.

Summary
Application: PHO-1-22--Z-26-15-4
Existing Zoning: PUD
Acreage: 2.95

Owner: Kim Sperry, Omninet Central, LP
Applicant and Representative: Ed Bull, Burch & Cracchiolo, P.A.

Proposal:
1. Modification of Stipulation 5 regarding conditional approval upon development
commencing within seven years.
2. Technical correction for Stipulation 2.

Concurrence/Previous Council Action
VPC Action: The Alhambra Village Planning Committee was scheduled to hear this
request on July 26, 2022, but did not have a quorum.
PHO Action: The Planning Hearing Officer heard this case on Aug. 17, 2022, and
recommended approval with additional stipulations.
Staff Recommendation: Approval, per the Planning Hearing Officer recommendation.
PC Action: The Planning Commission heard this case on Oct. 6, 2022, and
recommended approval, per the Planning Hearing Officer recommendation, with an
additional stipulation. See Attachment C (PC Summary) for the list of Planning
Commission recommended stipulations.
The Planning Commission recommendation was appealed by a community member
on Oct. 11, 2022.



Page 171

Location
Northwest Corner of Central Avenue and Pierson Street
Council District: 4
Parcel Address: 4800, 4806, and 4820 N. Central Ave.; 11, 15, 21, and 25 W. Mariposa
St.; and 6, 8, and 10 W. Pierson St.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 172
PLANNING & DEVELOPMENT DEPARTMENT




To: Alan Stephenson Date: October 26, 2022
Deputy City Manager
Planning and Development Director

From: Joshua Bednarek
Planning and Development Assistant Director

Subject: CONTINUANCE OF ITEM 52 ON THE NOVEMBER 2, 2022, PUBLIC HEARING/
FORMAL AGENDA- PHO-1-22--Z-26-15-4 (G-7053)- NORTHWEST
CORNER OF CENTRAL AVENUE AND PIERSON STREET

52 is a Public Hearing and Ordinance Adoption of a request to modify stipulations from
Item_,
an approved 2015 rezoning case. Modification of Stipulation case PHO-1-22--Z-26-15-4 is a
request to modify stipulations for a 2.95-acre parcel located at the northwest corner of
Central Avenue and Pierson Street for a proposed mixed-use development.

This request is to continue the item to December 7, 2022 due to a sign posting error.

Staff recommends continuing this item to the December 7, 2022 City Council Formal
meeting.




Approved:
��
Alan Stephen�
Deputy City Manager/Planning and Development Director




Page 173
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 STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-26-15-4 PREVIOUSLY APPROVED BY
ORDINANCE G-6089.

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning stipulations applicable located approximately at

the northwest corner of Central Avenue and Pierson Street in a portion of Section 20,

Township 2 North, Range 3 East, as described more specifically in Attachment “A”, are

hereby modified to read as set forth below.

STIPULATIONS:

1. An updated Development Narrative for the Omninet - West 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 October 14, 2015.

2. The property owner shall provide a deposit in the amount of $50,000 into a
Street Transportation Department escrow account at the City of Phoenix to be
utilized for traffic calming measures in the Pierson Place Historic District.
These funds may be contributed toward the purchase and installation of such
devices as roundabouts, speed humps/cushions, or raised crosswalks (speed
tables), limited turning, traffic diverters, gates or other such traffic calming or
management tools for the area bounded by Central Avenue, Camelback Road,




Page 174
7th Avenue, and the Grand Canal. Distribution of funds shall be at the mutual
agreement of the five member neighborhood traffic team, the residents on
affected streets, and the City of Phoenix Streets TRANSPORTATION
Department Safety and Neighborhood Traffic section. Owner may apply for
reimbursement of escrow funds from the Street Transportation Department if
no special petition has been submitted within 5 years from the issuance of a
certificate of occupancy.

3. Developer shall install a monument proximate to the northwest corner of the
site identifying the Pierson Place Historic District and facing toward the Light
Rail station, as approved by the Planning and Development Department. The
monument shall be similar to the existing Pierson Place Historic District
Monument located proximate to the southwest corner of 3rd Avenue and
Camelback Road, or as otherwise agreed upon by the developer and the
Board of Directors of the Pierson Place Historic District.

4. The developer shall construct a directional retail driveway to direct retail traffic
away from the neighborhood as approved by the Planning and Development
Department.

5. 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.

6. 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.

7. 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.

8. The approval shall be conditioned upon development commencing within
5. EIGHT (8) seven (7) years of the City Council approval of this change of
zoning in accordance with Section 506.B.1 of the Phoenix Zoning Ordinance.
(For purposes of this stipulation, development shall commence with the
issuance of building permits and erection of building walls on site).




Page 175
9. PRIOR TO OCCUPANCY, THE DEVELOPER MUST PROVIDE A QUALIFIED
ENGINEER’S REPORT CERTIFYING THE AVERAGE ANNUAL INTERIOR
NOISE EXPOSURE FOR ANY RESIDENTIAL UNIT OR ENCLOSED PUBLIC
ASSEMBLY AREA WILL NOT EXCEED 45 DECIBELS.


SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-6089 this portion of the rezoning is now subject

to the stipulations approved pursuant to Ordinance G-6089 and as modified in Section 1

of this Ordinance. Any violation of the stipulation is a violation of the City of Phoenix

Zoning Ordinance. Building permits shall not be issued for the subject site until all the

stipulations have been met.

SECTION 3. 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 2nd day of November,

2022.




________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk




Page 176
APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A - Legal Description (2 Pages)
B - Ordinance Location Map (1 Page)




Page 177
EXHIBIT A

THAT PORTION OF LOTS 46 TROUGH 56, STANLEY PLACE, RECORDED AS
BOOK 18 OF MAPS, PAGE 21 LOCATED IN THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 3 EAST
OF THE GILA RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 20, SAID
POINT BEING MARKED BY A STONE IN A HANDHOLE LYING SOUTH 89 42'53"
EAST A DISTANCE OF 2664.89 FEET FROM THE NORTHWEST CORNER OF SAID
SECTION 20, SAID POINT BEING MARKED BY A BRASS CAP IN HANDHOLE;

THENCE SOUTH 00 00'00" EAST (BASIS OF BEARINGS) A DISTANCE OF 659.91
FEET TO THE CENTER POINT IN THE INTERSECTION OF CENTRAL AVENUE AND
WEST PIERSON STREET, SAID POINT BEING MARKED BY 2 BRASS CAP
REFERENCE MONUMENTS LYING NORTH 53 31'35"WEST A DISTANCE OF 59.09
FEET, AND SOUTH 55 54'14" WEST A DISTANCE OF 57.79 FEET;
THENCE NORTH 89 43'49" WEST 50.00 FEET;
THENCE NORTH 00 00'00" EAST PARALLEL WITH AND 50.00 FEET WEST OF THE
NORTH- SOUTH MIDSECTION LINE OF SAID SECTION 20, 30.00 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 53, BEING MARKED BY A FOUND "X" IN
CONCRETE AND THE POINT OF BEGINNING;

THENCE NORTH 89 43'49" WEST PARALLEL WITH AND 30.00 FEET NORTH OF
THE CENTERLINE OF WEST PIERSON STREET, 379.00 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 56, BEING MARKED BY A 1/2" REBAR WITH
CAP L#l34711;
THENCE NORTH 00 00'00" EAST 135.03 FEET TO THE NORTHWEST CORNER OF
SAID LOT 56, BEING MARKED BY A 1/2" REBAR WITH CAP L#41076;
THENCE NORTH 89 43'26" WEST 73.00 FEET, TO THE SOUTHWEST CORNER OF
SAID LOT 46, BEING MARKED BY A 1/2" REBAR WITH CAP L#41076;
THENCE NORTH 00 00'00" EAST 135.03 FEET TO THE NORTHWEST CORNER OF
SAID LOT 46, BEING MARKED BY A 1/2" REBAR WITH CAP LS#41076;
THENCE SOOTH 89 43'03" EAST 245.02 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#38175;
THENCE SOUTH 62 41'29" EAST 79.57 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#38175;
THENCE SOUTH 62 43'59" EAST 78.54 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#39131;
THENCE SOUTH 60 22'32" EAST 25.98 FEET BEING MARKED BY A PK NAIL WITH
TAG LS#38175;




Page 178
THENCE SOUTH 57 07'28" EAST 26.07 FEET BEING MARKED A 1/2" REBAR WITH
CAP LS#38168;
THENCE NORTH 89 59'52" EAST 7.65 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#38175;
THENCE SOUTH 00 15'26" EAST 29.09 FEET BEING MARKED BY A WITNESS
CORNER LYING 1.80 FEET EAST, SAID POINT BEING A "X" IN CONCRETE;
THENCE NORTH 89 59'51" EAST 14.22 FEET TO A POINT ON THE WEST RIGHT-
OF-WAY LINE OF CENTRAL AVENUE, BEING MARKED BY A "X" IN
CONCRETE; THENCE SOUTH 00 00'00" EAST PARALLEL WITH AND 50.00 FEET
WEST OF THE NORTH- SOUTH MIDSECTION LINE, 142.42 FEET TO THE POINT
OF BEGINNING.

NET AREA OF PARCEL IS 100,792 S.F. OR 2.3139 ACRES MORE OR LESS




Page 179
Page 180
Attachment B




Staff Report: PHO-1-22--Z-26-15-4

APPLICATION #: PHO-1-22--Z-26-15-4

LOCATION: Northwest corner of Central Avenue and Pierson Street

EXISTING ZONING: PUD

ACREAGE: 2.95

REQUEST: 1) Modification of Stipulation 5 regarding conditional approval
upon development commencing within seven years.
2) Technical correction for Stipulation 2.

APPLICANT: Ed Bull, Burch & Cracchiolo, PA

OWNER: Kim Sperry, Omninet Central, LP

REPRESENTATIVE: Ed Bull, Burch & Cracchiolo, PA


STAFF RECOMMENDATION

Approval with additional stipulations, as recommended by the Planning Hearing Officer.

PLANNING HEARING OFFICER RECOMMENDATION

The Planning Hearing Officer heard the request on August 17, 2022 and recommended
approval with additional stipulations.

VILLAGE PLANNING COMMITTEE RECOMMENDATION

The Alhambra Village Planning Committee was scheduled to hear this request on July
26, 2022 but did not have a quorum.

BACKGROUND/ANALYSIS

The subject site consists of 2.95 gross acres located at the northwest corner of Central
Avenue and Pierson Street and is zoned PUD (Planned Unit Development) for the
Omninet - West PUD. The applicant requested a modification of Stipulation 5 regarding
conditional approval upon development commencing within seven years. The



Page 181
Staff Report – PHO-1-22—Z-26-15-4
October 6, 2022 Planning Commission


modification would allow an extension of one additional year to commence development.
The applicant’s narrative (Exhibit B) notes that the development has received preliminary
site plan approval however delays regarding utility relocation and other necessary
approvals will likely prevent the development from occurring within the stipulated
timeframe.

The appellant argues in their appeal document (Exhibit A) that the proposed development
has been significantly modified since the original approval of the Omninet-West PUD.
They argue that these modifications no longer reflect the transit-oriented, walkable
character of the original PUD. The appellant argues that the time extension should not be
granted due to these modifications.

PREVIOUS HISTORY

On December 16, 2015, the Phoenix City Council approved Rezoning Case No. Z-26-15-
4, a request to rezone approximately 3.53 gross acres located at the northwest corner of
Central Avenue and Pierson Street from R-3 TOD-1 (Multifamily Residence District,
Interim Transit-Oriented Zoning Overlay District One), R-5 TOD-1 (Multifamily Residence
District, Interim Transit-Oriented Zoning Overlay District One), C-2 TOD-1 (Intermediate
Commercial, Interim Transit-Oriented Zoning Overlay District One), and P-1 TOD-1
(Parking District, Interim Transit-Oriented Zoning Overlay District One) to PUD (Planned
Unit Development), subject to stipulations (Exhibit E). This approval established the
Omninet – West PUD.

The Omninet – West PUD, was intended to enable the redevelopment of the site with a
mixed-use development consisting of multifamily residential and commercial uses.
Maximum building setbacks for the site are 12 feet from Central Avenue, 30 feet from the
Light Rail frontage, 10 feet from Mariposa and Pierson Streets. The minimum building
setbacks for the western property line are five (5) feet for the south portion and 15 feet for
the north portion. The maximum number of dwelling units is 286. The maximum building
height is 56 feet. Design guidelines include requirements for pedestrian connectivity to
the Camelback Road/ Central Avenue Light Rail Station, Pierson Street, and retail shops.
Mixed use buildings are required to provide a community pool and other gathering areas
on the second level. Building accents, materials, and details are required to be consistent
with elements of the Walkable Urban Code and compatible with the adjacent Pierson
Place Historic Neighborhood. Streetscape landscaping is required to conform with
existing plans and guidelines for Central Avenue including the Central Avenue
Beautification Plan and the Central Avenue Development Standards. The complete PUD
Development Narrative is available online at https://www.phoenix.gov/pdd/planning-
zoning/pzservices/pud-cases.

NEIGHBORHOOD CONCERNS

Public Correspondence
One letter of opposition was received regarding this request. Concerns expressed in the
correspondence include the following:



Page 182
Staff Report – PHO-1-22—Z-26-15-4
October 6, 2022 Planning Commission




• Modifications to proposed plans originally presented to the public during the
hearing process for the original rezoning case.
• The permitted building height was contingent on features that have been modified
or removed since the original approval.
• Changes to the development team associated with the project.

GENERAL PLAN LAND USE MAP DESIGNATION

Commercial and Residential 10 to 15 dwelling units per acre

CHARACTER OF SURROUNDING LAND USE

Zoning Land Use

On-site: PUD Vacant

North: R-3, C-2 (App. C-2 HR) Vacant
Light Rail Station

South: R-5 HR, C-2 HR Multifamily Residential
Commercial

East: PUD Mixed-Use Development
(Across Central Avenue)

West: R-3 HP, R-5 Single-Family Residential
Multifamily Residential

PLANNING HEARING OFFICER FINDINGS

The Planning Hearing Officer’s recommendation was based on the following findings:

1) The request to modify Stipulation 5 regarding conditional approval of development is
recommended to be approved. The request will allow an additional year (an increase
from 7 to 8 years total) to commence development. The applicant noted unexpected
delays related to the ongoing pandemic and infrastructure issues.

2) The site is identified as archaeologically sensitive and three additional stipulations are
recommended to be included to address requirements for archaeological survey and
testing.




Page 183
Staff Report – PHO-1-22—Z-26-15-4
October 6, 2022 Planning Commission


PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS

1. An updated Development Narrative for the Omninet - West 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
October 14, 2015.

2. The property owner shall provide a deposit in the amount of $50,000 into
a Street Transportation Department escrow account at the City of
Phoenix to be utilized for traffic calming measures in the Pierson Place
Historic District. These funds may be contributed toward the purchase
and installation of such devices as roundabouts, speed humps/cushions,
or raised crosswalks (speed tables), limited turning, traffic diverters,
gates or other such traffic calming or management tools for the area
bounded by Central Avenue, Camelback Road, 7th Avenue, and the
Grand Canal. Distribution of funds shall be at the mutual agreement of
the five member neighborhood traffic team, the residents on affected
streets, and the City of Phoenix Streets TRANSPORTATION Department
Safety and Neighborhood Traffic section. Owner may apply for
reimbursement of escrow funds from the Street Transportation
Department if no special petition has been submitted within 5 years from
the issuance of a certificate of occupancy.

3. Developer shall install a monument proximate to the northwest corner of
the site identifying the Pierson Place Historic District and facing toward
the Light Rail station, as approved by the Planning and Development
Department. The monument shall be similar to the existing Pierson Place
Historic District Monument located proximate to the southwest corner of
3rd Avenue and Camelback Road, or as otherwise agreed upon by the
developer and the Board of Directors of the Pierson Place Historic
District.

4. The developer shall construct a directional retail driveway to direct retail
traffic away from the neighborhood as approved by the Planning and
Development Department.

5. 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 184
Staff Report – PHO-1-22—Z-26-15-4
October 6, 2022 Planning Commission


6. 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.

7. 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.

8. The approval shall be conditioned upon development commencing within
5. EIGHT (8) seven (7) years of the City Council approval of this change of
zoning in accordance with Section 506.B.1 of the Phoenix Zoning
Ordinance. (For purposes of this stipulation, development shall
commence with the issuance of building permits and erection of building
walls on site).

Exhibits
A – Appeal Document (2 pages)
B – Applicant’s Narrative (25 pages)
C – Aerial Map (1 page)
D – Zoning Map (1 page)
E – Recorded Ordinance from Rezoning Case No. Z-26-15 (6 pages)
F – Sketch Map from Rezoning Case No. Z-26-15 (1 page)
G – PHO Summary for PHO-1-22--Z-26-15-4 from August 17, 2022 (5 pages)




Page 185
EXHIBIT A




Page 186
PLANNING HEARING OFFICER APPEAL
I HEREBY REQUEST THAT THE PLANNING COMMISSION/CITY COUNCIL HOLD
A PUBLIC HEARING ON:
CASE NUMBER: PHO-1-22--Z-26-15-4
LOCATION: Northwest corner of Central Avenue and Pierson Street
PHO HEARING DATE: August 17, 2022 RECEIVED: August 24, 2022

APPEALED BY: Opposition Applicant
APPEALED TO: October 6, 2022
PLANNING
COMMISSION
TENTATIVE DATE
November 2, 2022
CITY COUNCIL
TENTATIVE DATE
APPELLANT NAME AND ADDRESS/EMAIL: PHONE:
Ken Waters
126 West Pierson Street
602-373-1902
Phoenix, AZ 85013
kennywaters602@gmail.com

RECEIPT NUMBER: N/A
REASON FOR REQUEST:
The applicant is asking for an extension of zoning. That was granted by the Village,
PC and Council; but they have significantly modified the TOD/WU centric plan,
specifically the commercial/walkable urban “mix-use” portion . They presented to
AVPC, PC, neighbors, and Council, making it undeserving of an extension.

TAKEN BY: Greg Harmon

c: Alan Stephenson
Joshua Bednarek
Tricia Gomes
Racelle Escolar
Adam Stranieri
Greg Harmon
Brad Wylam
Victoria Cipolla-Murillo
Julie Garcia
Ben Ernyei - Posting
GIS Team




S:\Planning\Rezoning\Hearings\PHO\Appeals\2022\PHO-1-22--Z-26-15-4 - Cover.doc
updated 7/27/2022 vcm


Page 187
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(;+,%,7%




Page 189
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Exhibit 1

Page 194
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Exhibit 2

Page 196
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Exhibit 3

Page 198
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Exhibit 4

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Page 207





Page 208





Page 209
Exhibit 6

Page 210
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Page 212
Page 213





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EXHIBIT C




Page 215
E CAMELBACK RD
W CAMELBACK RD




PR
IVA
TE

W MARIPOSA ST


E MARIPOSA ST




N CENTRAL AVE N 1S
T ST
Page 216
W PIERSON ST E PIERSON ST




ALLEY

N 1ST AVE



W ELM ST
Maricopa County Assessor's Office



PHO-1-22--Z-26-15-4 Property Location: Northwest corner of Central Avenue and Pierson Street


Planning & Development Department 0 80 160 320 Feet
´
EXHIBIT D




Page 217
C-2
SP* E CAMELBACK RD
W CAMELBACK RD
C-2



R-3 C-2 H-R*
R-5 PR
IVA
R-3 TE
HP R-5 HP R-5 R-3 C-2*
W MARIPOSA ST
HP*
R-3

E MARIPOSA ST
C-2

PUD*

R-5 N CENTRAL AVE PUD* N 1S
T ST
HP R-5
Page 218
W PIERSON ST E PIERSON ST
R-3 HP
R1-6
R-5 H-R
ALLEY C-2 H-R
C-2 R-3
N 1ST AVE



W ELM ST
R-5
Maricopa County Assessor's Office



PHO-1-22--Z-26-15-4 Property Location: Northwest corner of Central Avenue and Pierson Street


Planning & Development Department 0 80 160 320 Feet
´
EXHIBIT E




Page 219
OFFICAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
20150908025 12/2412015 09:36 #6089G
ELECTRONIC RECORDING (6 pages)




ORDINANCE G-6089

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED
HEREIN (CASE Z-26-15-4) FROM C-2 TOD-1 (1.59 ACRES), R-3
TOD-1 (0.82 ACRES), R-5 TOD-1 (0.56 ACRES), & P-1 TOD-1
(0.56 ACRES) TO PUD (PLANNED UNIT DEVELOPMENT- 3.53
ACRES).




BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1: The zoning of an approximately 3.53 acre property located at

the northwest corner of Central Avenue and Pierson Street in a portion of Section 20,

Township 4 North, Range 3 East, as described more specifically in Attachment "A", is

hereby changed from C-2 TOD-1 (1.59 Acres), R-3 TOD-1 (0.82 Acres), R-5 TOD-1

(0.56 Acres), & P-1 TOD-1 (0.56 Acres) to PUD (Planned Unit Development- 3.53

Acres).

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 Attachment "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 compliance with the PUD



Page 220
narrative and the following stipulations, violation of which shall be treated in the same

manner as a violation of the


1. An updated Development Narrative for the Omninet- West 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 October 14,
2015.

2. The property owner shall provide a deposit in the amount of $50,000 into a
Street Transportation Department escrow account at the City of Phoenix to
be utilized for traffic calming measures in the Pierson Place Historic
District. These funds may be contributed toward the purchase and
installation of such devices as roundabouts, speed humps/cushions, or
raised crosswalks (speed tables), limited turning, traffic diverters, GATES
or other such traffic calming or management tools for the area bounded by
Central Avenue, Camelback Road, 7th Avenue, and the Grand Canal.
Distribution of funds shall be at the mutual agreement of the FIVE
MEMBER NEIGHBORHOOD TRAFFIC TEAM Board of Directors of
Pierson Place Historic District, the residents on affected streets and the
section, in accordance 'Nith all procedures required by the city. Owner may
apply for reimbursement of escrow funds from the Street Transportation
Department if no formal SPECIAL petition has been submitted within 3 5
years from the issuance of a certificate of occupancy. The Street
Transportation Department may study any potential traffic impacts
concurrent with construction to expedite the study process and
construction of any traffic mitigation measures as approved by the Street
Transportation Department.

3. Developer shall install a monument proximate to the northwest corner of
the site identifying the Pierson Place Historic District and facing toward the
Light Rail station, as approved by the Planning and Development
Department. The monument shall be similar to the existing Pierson Place
Historic District Monument located proximate to the southwest corner of
3rd Avenue and Camelback Road, or as otherwise agreed upon by the
developer and the Board of Directors of the Pierson Place Historic District.

4. THE DEVELOPER SHALL CONSTRUCT A DIRECTIONAL RETAIL
DRIVEWAY TO DIRECT RETAIL TRAFFIC AWAY FROM THE
NEIGHBORHOOD AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.


-2- Ordinance G-6089
Page 221
5. THE APPROVAL SHALL BE CONDITIONED UPON DEVELOPMENT
COMMENCING WITHIN SEVEN (7) YEARS OF THE CITY COUNCIL
APPROVAL OF THIS CHANGE OF ZONING IN ACCORDANCE WITH
SECTION 506.8.1 OF THE PHOENIX ZONING ORDINANCE. (FOR
PURPOSES OF THIS STIPULATION, DEVELOPMENT SHALL
COMMENCE WITH THE ISSUANCE OF BUILDING PERMITS AND
ERECTION OF BUILDING WALLS ON SITE).

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 C of Phoenix this 16th day of December,

2015.




ATTEST:

ACTING
--=-~----'""'---"<;;=---- City Clerk




REVIEWED BY:
ACnNQ
~--r-+-------'=-----.~---+---'7'""---- City Manager
#93) 12/16/15



Attachments:
A- Legal Description (1 Page)
B- Ordinance Location Map (1 Page)



-3- Ordinance G-6089
Page 222
ATTACHMENT A

LEGAL DESCRIPTION FOR Z-26-15-4


THAT PORTION OF LOTS 46 TROUGH 56, STANLEY PLACE, RECORDED AS
BOOK 18 OF MAPS, PAGE 21 LOCATED IN THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 3 EAST
OF THE GILA RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 20, SAID
POINT BEING MARKED BY A STONE IN A HANDHOLE LYING SOUTH 89 42'53"
EAST A DISTANCE OF 2664.89 FEET FROM THE NORTHWEST CORNER OF SAID
SECTION 20, SAID POINT BEING MARKED BY A BRASS CAP IN HANDHOLE;

THENCE SOUTH 00 00'00" EAST (BASIS OF BEARINGS) A DISTANCE OF 659.91
FEET TO THE CENTER POINT IN THE INTERSECTION OF CENTRAL AVENUE AND
WEST PIERSON STREET, SAID POINT BEING MARKED BY 2 BRASS CAP
REFERENCE MONUMENTS LYING NORTH 53 31'35"WEST A DISTANCE OF 59.09
FEET, AND SOUTH 55 54'14" WEST A DISTANCE OF 57.79 FEET;
THENCE NORTH 89 43'49" WEST 50.00 FEET;
THENCE NORTH 00 00'00" EAST PARALLEL WITH AND 50.00 FEET WEST OF THE
NORTH- SOUTH MIDSECTION LINE OF SAID SECTION 20, 30.00 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 53, BEING MARKED BY A FOUND "X" IN
CONCRETE AND THE POINT OF BEGINNING;

THENCE NORTH 89 43'49" WEST PARALLEL WITH AND 30.00 FEET NORTH OF
THE CENTERLINE OF WEST PIERSON STREET, 379.00 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 56, BEING MARKED BY A 1/2" REBAR WITH
CAP L#l34711;
THENCE NORTH 00 00'00" EAST 135.03 FEET TO THE NORTHWEST CORNER OF
SAID LOT 56, BEING MARKED BY A 1/2" REBAR WITH CAP L#41 076;
THENCE NORTH 89 43'26" WEST 73.00 FEET, TO THE SOUTHWEST CORNER OF
SAID LOT 46, BEING MARKED BY A 1/2" REBAR WITH CAP L#41076;
THENCE NORTH 00 00'00" EAST 135.03 FEET TO THE NORTHWEST CORNER OF
SAID LOT 46, BEING MARKED BY A 1/2" REBAR WITH CAP LS#41076;
THENCE SOOTH 89 43'03" EAST 245.02 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#38175;
THENCE SOUTH 62 41 '29" EAST 79.57 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#38175;
THENCE SOUTH 62 43'59" EAST 78.54 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#39131;
THENCE SOUTH 60 22'32" EAST 25.98 FEET BEING MARKED BY A PK NAIL WITH
TAG LS#38175;




-4- Ordinance G-6089
Page 223
THENCE SOUTH 57 07'28" EAST 26.07 FEET BEING MARKED A 1/2" REBAR WITH
CAP LS#38168;
THENCE NORTH 89 59'52" EAST 7.65 FEET BEING MARKED BY A 1/2" REBAR
WITH CAP LS#38175;
THENCE SOUTH 00 15'26" EAST 29.09 FEET BEING MARKED BY A WITNESS
CORNER LYING 1.80 FEET EAST, SAID POINT BEING A "X" IN CONCRETE;
THENCE NORTH 89 59'51" EAST 14.22 FEET TO A POINT ON THE WEST RIGHT-
OF-WAY LINE OF CENTRAL AVENUE, BEING MARKED BY A "X" IN CONCRETE;
THENCE SOUTH 00 00'00" EAST PARALLEL WITH AND 50.00 FEET WEST OF THE
NORTH- SOUTH MIDSECTION LINE, 142.42 FEET TO THE POINT OF BEGINNING.

NET AREA OF PARCEL IS 100,792 S.F. OR 2.3139 ACRES MORE OR LESS




-5- Ordinance G-6089
Page 224
ATrACHMENT B
ORDINANCE LOCATIO,N MAP
Z:mlng Case Number: Z-26-15-4:
ZONING SUBJECT TO STIPULATIONS: * Zoning Overlay: NfA
sUBJEcr AREA: • • • • , Hanning Vlllage: Alhambra



I I I I rum~ NORTHERN AVE

[ IJ I I I I I I ,'Will f--


jw CAMELBACK RDl GLENDALE AVE
L~ ) Puc·l
BETHANY HOME RD
----.-- ,
l T •§3 CAMELBACK RD
Page 225 lwPIERS~NSTII 2_ ___: Ci
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N:\IS_ Team\C,.e_Fundtons\Zonlng\SuppMaps_O.dMaps'.20150rd\Formai_D-ec_2_2015\Z-26-15-4.1Tll



-6- Ordinance G-6089
EXHIBIT F




Page 226
R-4 321 311 301 R-3 HP 5110 P-1
5115 5115









15 17 21 27 31


215 221 225 231




CENTRAL AVE
45 39 37 21 17 15 11 28 32 36 40 44
5115 50 210 220 226 232 236
5104 214




MEDLOCK DR
33 29 25




Z-153-02

400 320 320 302 42 42 38 36 34 30 28 24 20 16 R-3 5070
203 211 219 225 231 239




C-2 PR




PASADENA AVE

5040 234




*
15 11

R-3 SP HP
5050 5038 244
337 325 321




IVATE
31 31
21 21
31 31
31 31
10 207
43 39 37 31 31 5042

Z-153-02
33 23 5032
31 31 5038



P-1
31 31




ALLEY
21 21 21 21 5019



P-1
5034 225




2N D
Z-SP-12-99
140 245
5026 5022
444 400 5009
142 138 5007


C-2
114 110 100 24 22 16 14 10 5006
4 128 214

ST 300 306



CAMELBACK RD
132 132




P-1 P-1
HP HP R-3 C-2 * C-2

Z-83-05 HP

Z-132-81
Z-83-05
555 13 15 15



H-R *
Z-35-14
C-2
59 111 201 221 233



R-5
312 22
305 R-5 77



HP R-3 C-2

C/Z-43-81
314 314 312 310 198 194 102 100 14
40 114




R-3
96 54 120
98 42
* 4902
R-5 HP

Z-83-05 Z-25-10 38 42 108 130 146 150




MARIPOSA ST

3RD AVE
315 313 311 307 301 151 149 147 99 97 89
95 45 39 31



P-1



R-3




HP R-5
336 318 316 314 35 45 75 111 121 133 141 149
312 310 306 302 150 144 140 134 130 126 122 110 106 102 4801 4900




Z-83-05



4750 4750 44 50 60 64 70 74 78



R-5
173 4750
4750 4750




1ST ST
167 161 155 149 4750



C-2
311 309 106 301 143 137 131 125 119 113 107 101 4745



PIERSON ST


H-R


H-R
R-3
1ST AVE
365 361 4750




CENTRAL AVE
174 4737
168 162 156 150 144 138 132 126 120 114 108 102 4733




HP ELM ST
33 35 45 55 63 71 75 77





Z-83-05
173 167 161 155 149 143 137 131 125 119 113 107 101



R-5




P-1 *
338 328 322 4700




R1-6

Z-341-83
320 304 4702
174 168 162 156 150 144 138 4715
114 108 102




HIGHLAND AVE
126 120






337 329 169 141 135 133 127 119 115 109
R-3
PUD
333 325 319 315 305 303 301

4635 103 4701


410 406 402 310 308 306 304 302 256 208 204 200 190 178 176 100 36
Z-31-12



NORTHERN AVE


GLENDALE AVE


NORTH BETHANY HOME RD


400 200 0 400 Feet CAMELBACK RD


43RD AVE 7ST AVE
7TH AVE Z-26-15
19TH AVE
CITY OF PHOENIX PLANNING DEPARTMENT
35TH AVE
ALHAMBRA VILLAGE 27TH AVE
I-17
CITY COUNCIL DISTRICT: 4

APPLICANT'S NAME: REQUESTED CHANGE:
Ed Bull/ Burch & Cracchiolo, PA
FROM:
C-2 TOD-1 (1.59 a.c.)
APPLICATION NO.
Z-26-15
DATE:
5/21/15 R-3 TOD-1 (.82 a.c.)
R-5 TOD-1 (.56 a.c.)
REVISION DATES:


GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
P-1 TOD-1 (.56 a.c.)
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.

3.53 Acres QS 18-27 H-8 TO: PUD, (3.53 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION

C-2, R-3, R-5, P-1 23, 12, 24, N/A 27, 14, 29, N/A
PUD 286 286
* Maximum Units Allowed with P.R.D. Bonus
S:\Department Share\IS Share\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2015\Z-26-15.mxd
Page 227
EXHIBIT G




Page 228
REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Bradley Wylam, Planner I, Assisting

August 17, 2022

ITEM NO: 3
DISTRICT 4
SUBJECT:

Application #: PHO-1-22--Z-26-15-4
Location: Northwest corner of Central Avenue and Pierson Street
Zoning: PUD
Acreage: 2.95
Request: 1) Modification of Stipulation 5 regarding conditional
approval upon development commencing within seven (7)
years.
2) Technical correction for Stipulation 2.
Applicant: Ed Bull, Burch & Cracchiolo PA
Owner: Kim Sperry, Omninet Central LP
Representative: Ed Bull, Burch & Cracchiolo PA

ACTIONS:

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

Village Planning Committee (VPC) Recommendation: The Alhambra Village
Planning Committee was scheduled to hear this request on July 26, 2022 but did
not have a quorum.

DISCUSSION:

Ed Bull, representative with Burch & Cracchiolo PA, described the subject site
and provided an overview of the original PUD rezoning case. He noted that
Stipulation 5 regarding conditional approval upon development commencing
within seven years is requested to be extended by one year to allow time for the
final plans to be approved. He stated that the project has received preliminary
site plan approval. He stated that delays regarding utility relocation and other
necessary approvals will likely prevent development from occurring within the
stipulated time frame. He noted that the proposed project does not represent an
increase in building height or density compared to the original project. He stated
that site improvements have been made to address concerns from the City
including demolition of existing buildings and fencing of the site.




Page 229
Planning Hearing Officer Summary of August 17, 2022
Application PHO-1-22—Z-26-15-4
Page 2


Ken Waters, speaking in opposition to the request, stated that the development
currently proposed for the site is not consistent with what was presented to the
public during the public hearing process for the original rezoning case in 2015.
He stated that the proposed retail space on the ground floor was not consistent
with the retail space proposed in the original proposal. He stated that the original
approval for the maximum height of the development was modeled after the
Walkable Urban Code and that the development would not meet required
standards to develop a 5-story building. He stated that there are existing parking
issues in the surrounding area and the proposed project does not alleviate those
concerns. He proposed that the time extension be denied unless at least 15,000
square feet of ground floor retail space and two floors of underground parking
were developed.

Ray Muench, member of the public speaking in opposition to the request,
reiterated the concerns made by Mr. Waters. He stated that there are major
concerns in the area regarding parking and traffic. He stated that he had
concerns about the proposed retail space appearing to be more oriented toward
the residents of the development rather than to the general public.

Mr. Bull stated that some principles of the Walkable Urban Code were included in
the PUD Narrative, but that the development has been deemed to be compliant
with the approved PUD zoning. He stated that the development has been given
preliminary site plan approval. He stated that the current PHO request is related
to the time extension only. He noted that the site plan in question includes
coworking space, live/ work units, and approximately 3,000 square feet of ground
floor retail. He stated that the development would follow Walkable Urban Code
concepts by placing buildings proximate to Central Avenue and Pierson Street,
but that the PUD does not regulate the number of stories or establish a bonus
system to allow the proposed height. He stated that a second floor of
underground parking was previously proposed, but that the number of parking
spaces is to be determined based on the final mix of residential units and retail
space and that a second floor of parking has been determined to be
unnecessary. He stated that the site plan proposes 283 parking spaces on the
site, which is greater than the 263 spaces that are required.

Adam Stranieri, Planning Hearing Officer, stated that one item of correspondence
was received prior to the hearing from Mr. Waters. He noted that the Alhambra
Village Planning Committee was scheduled to hear this request on July 26, 2022
but did not have a quorum. He stated that the PHO request is regarding a time
extension for a conditional approval upon development commencing within 7
years of the original approval. He noted that the PUD development narrative is
not being reviewed and that the narrative includes development standards,
design guidelines, and use standards that are not under review in this PHO
hearing. He stated that a PUD amendment would be needed to alter any of these
regulatory components of the PUD. He stated that a time extension of one year is




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Planning Hearing Officer Summary of August 17, 2022
Application PHO-1-22—Z-26-15-4
Page 3


reasonable given the delays caused by the ongoing pandemic and infrastructure
issues. He stated that the request from Mr. Waters to impose conditions
regarding the provision of retail uses, the size of retail spaces, and parking
standards would belong in the PUD development narrative but are not
appropriately appended to the conditional time stipulation currently under review.
He stated that the proposed stipulation modification is recommended to be
approved. He noted that the site has been identified as archaeologically sensitive
and three additional stipulations are recommended to be added. Mr. Bull stated
that a July 22, 2021 archaeological assessment from the Archaeology
Department noted that no archaeological work is necessary for the project. Mr.
Stranieri noted that the status may have been reviewed by the Archaeology
Department, but that the stipulations are recommended to be included.

FINDINGS:

1) The request to modify Stipulation 5 regarding conditional approval of
development is recommended to be approved. The request will allow an
additional year (an increase from 7 to 8 years total) to commence
development. The applicant noted unexpected delays related to the
ongoing pandemic and infrastructure issues.

2) The site is identified as archaeologically sensitive and three additional
stipulations are recommended to be included to address requirements for
archaeological survey and testing.

STIPULATIONS:

1. An updated Development Narrative for the Omninet - West 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
October 14, 2015.

2. The property owner shall provide a deposit in the amount of $50,000 into
a Street Transportation Department escrow account at the City of
Phoenix to be utilized for traffic calming measures in the Pierson Place
Historic District. These funds may be contributed toward the purchase
and installation of such devices as roundabouts, speed humps/cushions,
or raised crosswalks (speed tables), limited turning, traffic diverters,
gates or other such traffic calming or management tools for the area
bounded by Central Avenue, Camelback Road, 7th Avenue, and the
Grand Canal. Distribution of funds shall be at the mutual agreement of
the five member neighborhood traffic team, the residents on affected
streets, and the City of Phoenix Streets TRANSPORTATION Department



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Planning Hearing Officer Summary of August 17, 2022
Application PHO-1-22—Z-26-15-4
Page 4


Safety and Neighborhood Traffic section. Owner may apply for
reimbursement of escrow funds from the Street Transportation
Department if no special petition has been submitted within 5 years from
the issuance of a certificate of occupancy.

3. Developer shall install a monument proximate to the northwest corner of
the site identifying the Pierson Place Historic District and facing toward
the Light Rail station, as approved by the Planning and Development
Department. The monument shall be similar to the existing Pierson Place
Historic District Monument located proximate to the southwest corner of
3rd Avenue and Camelback Road, or as otherwise agreed upon by the
developer and the Board of Directors of the Pierson Place Historic
District.

4. The developer shall construct a directional retail driveway to direct retail
traffic away from the neighborhood as approved by the Planning and
Development Department.

5. 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.

6. 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.

7. 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.

8. The approval shall be conditioned upon development commencing within
5. EIGHT (8) seven (7) years of the City Council approval of this change of
zoning in accordance with Section 506.B.1 of the Phoenix Zoning
Ordinance. (For purposes of this stipulation, development shall




Page 232
Planning Hearing Officer Summary of August 17, 2022
Application PHO-1-22—Z-26-15-4
Page 5


commence with the issuance of building permits and erection of building
walls on site).


Upon request, this publication will be made available within a reasonable length of time
through appropriate auxiliary aids or services to accommodate an individual with a
disability. This publication may be made available through the following auxiliary aids or
services: large print, Braille, audiotape or computer diskette. To request a reasonable
accommodation, please contact Les Scott at leslie.scott@phoenix.gov or 602-376-3981
or TTY: 7-1-1.




Page 233
ATTACHMENT C


REPORT OF PLANNING COMMISSION ACTION
October 6, 2022
REVISED October 17, 2022

ITEM NO: 16
DISTRICT NO.: 4
SUBJECT:

Application #: PHO-1-22--Z-26-15-4
Location: Northwest corner of Central Avenue and Pierson Street
Request: x Modification of Stipulation 5 regarding conditional approval upon
development commencing within seven (7) years.
x Technical correction for Stipulation 2.
Acreage: 2.95
Applicant: Ed Bull, Burch & Cracchiolo, P.A.
Owner: Kim Sperry, Omninet Central, LP
Representative: Ed Bull, Burch & Cracchiolo, P.A.

ACTIONS:

Village Planning Committee (VPC) Recommendation:
Alhambra 7/26/2022 No quorum.

Planning Hearing Officer Recommendation: Approval with additional stipulations.

Staff Recommendation: Approval, per the Planning Hearing Officer recommendation

Planning Commission Recommendation: Approval, per the Planning Hearing Officer
recommendation with an additional stipulation.

Motion Discussion: N/A

Motion details: Commissioner Busching made a MOTION to approve PHO-1-22--Z-26-15-4, per
the Planning Hearing Officer recommendation with an additional stipulation to require that prior
occupancy, the developer must provide a qualified engineer’s report certifying the average
annual interior noise exposure for any residential unit or enclosed public assembly area will not
exceed 45 decibels.

Maker: Busching
Second: Gaynor
Vote: 7-1-1 (Boyd) (Howard conflict)
Absent: None
Opposition Present: Yes

Findings:

1. The request to modify Stipulation 5 regarding conditional approval of development is
recommended to be approved. The request will allow an additional year (an increase
from 7 to 8 years total) to commence development. The applicant noted unexpected
delays related to the ongoing pandemic and infrastructure issues.




Page 234
2. The site is identified as archaeologically sensitive and three additional stipulations are
recommended to be included to address requirements for archaeological survey and
testing.

Stipulations:

1. An updated Development Narrative for the Omninet - West 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 October 14, 2015.

2. The property owner shall provide a deposit in the amount of $50,000 into a Street
Transportation Department escrow account at the City of Phoenix to be utilized for
traffic calming measures in the Pierson Place Historic District. These funds may be
contributed toward the purchase and installation of such devices as roundabouts,
speed humps/cushions, or raised crosswalks (speed tables), limited turning, traffic
diverters, gates or other such traffic calming or management tools for the area
bounded by Central Avenue, Camelback Road, 7th Avenue, and the Grand Canal.
Distribution of funds shall be at the mutual agreement of the five member
neighborhood traffic team, the residents on affected streets, and the City of Phoenix
Streets TRANSPORTATION Department Safety and Neighborhood Traffic section.
Owner may apply for reimbursement of escrow funds from the Street Transportation
Department if no special petition has been submitted within 5 years from the issuance
of a certificate of occupancy.

3. Developer shall install a monument proximate to the northwest corner of the site
identifying the Pierson Place Historic District and facing toward the Light Rail station,
as approved by the Planning and Development Department. The monument shall be
similar to the existing Pierson Place Historic District Monument located proximate to
the southwest corner of 3rd Avenue and Camelback Road, or as otherwise agreed
upon by the developer and the Board of Directors of the Pierson Place Historic
District.

4. The developer shall construct a directional retail driveway to direct retail traffic away
from the neighborhood as approved by the Planning and Development Department.

5. 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.

6. 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.

7. 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 235
8. The approval shall be conditioned upon development commencing within EIGHT (8)
5. seven (7) years of the City Council approval of this change of zoning in accordance
with Section 506.B.1 of the Phoenix Zoning Ordinance. (For purposes of this
stipulation, development shall commence with the issuance of building permits and
erection of building walls on site).

9. PRIOR TO OCCUPANCY, THE DEVELOPER MUST PROVIDE A QUALIFIED
ENGINEER’S REPORT CERTIFYING THE AVERAGE ANNUAL INTERIOR NOISE
EXPOSURE FOR ANY RESIDENTIAL UNIT OR ENCLOSED PUBLIC ASSEMBLY
AREA WILL NOT EXCEED 45 DECIBELS.

This publication can be made available in alternate format upon request. Please contact
Les Scott at 602-261-8980, leslie.scott@phoenix.gov or TTY: Use 7-1-1.




Page 236
ATTACHMENT D

CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON:

APPLICATION NO/ PHO-1-22—Z-26-15-4 (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Northwest corner of opposition x applicant
Central Avenue and
Pierson Street



APPEALED FROM: PC 126 West Pierson Street
October 6, 2022 Phoenix, AZ 85013


PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC Ken Waters
HEARING November 2, 2022 602-373-1902
kennywaters602@gmail.com


CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

The applicant is not honoring their 14,990 SF of Walkable Urban Mixed Use
entitlement and original plan. They are sliding in residential support amenities into the
ground floor retail space; decreasing more retail space in order to also drop an
additional level of parking. It’s a classic “Bait and Switch” before and after winning
entitlements.

RECEIVED BY: Chase Hales RECEIVED ON: October 11, 2022

Alan Stephenson
Joshua Bednarek Greg Harmon
Tricia Gomes Paul M. Li
Racelle Escolar Village Planner
Stephanie Vasquez GIS
Diana Hernandez Applicant
David Urbinato Adam Stranieri (for PHO Appeals)
Vikki Cipolla-Murillo




Page 237
Page 238
ATTACHMENT E
Bradley A Wylam

From: Kenny W
Sent: Wednesday, August 17, 2022 9:03 AM
To: PDD PHO
Subject: Today's PHO Hearing, Item #3. PHO-1-22-Z-26-15-4 NWC of Central and Pierson St


Re: PHO Agenda Item #3 : PHO-1-22-Z-26-15-4, NWC of Central Ave and Pierson Street. Applicant:
Omninet/RangeWater via Ed Bull

Hearing Date: Wednesday, August 17th, 10am.

Position: Denial of extension request; or … Adding a development stipulation that states: an extension is hereby granted
for one additional year on the development STIPULATION condition that all original 14,000 sq ft of Walkable Urban
PUBLIC retail space that was planned along the light rail station and Central Ave in the heart of Uptown is indeed built
on the ground floor, AND two (2) floors of underground parking are also built, as both retail and parking elements were
originally represented and highly touted when the applicant used those elements to win the 5th floor WU Code bonus
award in 2015 … based upon their incorporated WU Code representations that were modeled into their PUD award. The
applicant is now making highly significant changes to the once Walkable Urban Project, going back on their word, and
making the previous staff and public participation process a total sham. The question is, is that even legal? It certainly
deserves another public process as this WU to Non-WU switch-a-roo has gone under nearly EVERYONE’s radar.
Including, I reckon, a lot of the planning staff’s radar as well.



Dear Planning Hearing Officers,

There is a great, great deal more to this PHO case than meets the eye with its seemingly simple extension request.
Walkable Urban Code planning and development was coming to the heart of our Uptown. Evidently, not anymore? How
is that possible? BUT … they’ll keep the bonus award of a 5 th floor while scuttling the very public retail elements that
won them the Walkable Urban bonus award? Saying it’s not fair doesn’t begin to address this post- entitlement planning
practice.

Furthermore, Mr. Ed Bull just informed me that RangeWater, the ‘new’ developer/applicant since the Spring of 2021 is
OUT – they have dropped out of escrow with Omninet and will NOT be developing the site. Days or hours before the
extension hearing?! And when they were rumored to have entered escrow in the spring of 2021 last year, we were all
far beyond any and all Covid hardships. Covid economic stimulus’s had actually SPIKED the markets and Zoom efficiency
had taken over. So that hardship excuse is null and void.

This Z-26-15-4 PUD was approved in December, 2015 with a firm 7-year expiration STIPULATON. No ifs, ands or buts.
Done so in a time period that has been the most wildly successful real estate market in Phoenix’s history. But the
owner, Omninet, NEVER sought to develop the site themselves. They almost immediately put the site up for sale after
winning the zoning entitlements. Evidently they were asking too much and prospective buyer after buyer passed on
Omninet’s asking price. Until RW, then not RW either. This is exactly why it was capped at seven years – to spur actual
development. Not entitlement enrichment and speculation.

I hope you will insist on proper planning practices and not reward this kind of planning and development behavior in
Phoenix. Thank you for your consideration.

Sincerely


Page 239
Ken Waters

Pierson Place resident





Page 240



Report