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Meeting City Council Formal Meeting-11/3/2021 complete

2021-11-03 · Formal

Items: 50

City Council Formal Meeting

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

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




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ATTACHMENT A




To: City Council Date: November 3, 2021
From: Mayor Kate Gallego

Subject: BOARDS AND COMMISSIONS – APPOINTEES

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

Camelback East Village Planning Committee

Councilman Sal DiCiccio recommends the following for appointment:

John Czerwinski
Mr. Czerwinski is the Managing Director of Merit Partners, Inc. and a resident of District
6. He fills a vacancy for a partial term to expire November 19, 2021.

Desert View Village Planning Committee

Councilman Jim Waring recommends the following for appointment:

Marla Neely
Ms. Neely is the Chief Financial Officer at Accredited Appliance of Arizona and a
resident of District 2. She fills a vacancy for a term to expire November 19, 2022.

Phoenix Business Workforce Development Board

I recommend the following for appointment:

Karen Hartson
Ms. Hartson is the Vice President of Human Resources at Honeywell. She fills a
vacancy in the Business IT category for a partial term to expire June 30, 2023.




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - Hermandad del Senor de los Milagros (Mesa,
AZ)

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

Summary

Applicant
Sofia Vasquez Diaz

Location
10626 N. 43rd Ave.
Council District: 1

Function
Cultural Celebration

Date(s) - Time(s) / Expected Attendance
Nov. 26, 2021 - 7 p.m. to 1:30 a.m. / 250 attendees

Staff Recommendation
Staff recommends approval of this application.

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




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Angry Crab Shack

Request for a liquor license. Arizona State License Application 161889.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 12 - Restaurant

Location
3227 E. Bell Road, Ste. D110
Zoning Classification: C-2
Council District: 2

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

The 60-day limit for processing this application is Nov. 21, 2021.

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

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


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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.

Angry Crab Shack (Series 12)
11340 W. Bell Road, Ste. 118A, Surprise
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Angry Crab Shack & BBQ (Series 12)
1365 W. Grant Road, Tucson
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I am a Franchise owner of two other Angry Crab Shacks. I will continue to ensure my
employees abide by Title 4 Arizona Liquor law.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We would like to offer our patrons a place to sit down relax and enjoy some amazing
food.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Angry Crab Shack
Liquor License Map - Angry Crab Shack

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


Page 11
Liquor License Data: ANGRY CRAB SHACK
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 2

Beer and Wine Bar 7 1 0

Liquor Store 9 6 4

Beer and Wine Store 10 6 2

Restaurant 12 12 5


Crime Data

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

Property Crimes 46.78 65.47 88.95

Violent Crimes 8.73 15.07 16.98

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



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 85

Total Violations 92 165




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

1033032 1103 78 % 9% 18 %

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 %

6195003 2362 65 % 14 % 8%

6196001 2094 72 % 11 % 3%

Average 61 % 13 % 19 %




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Liquor License Map: ANGRY CRAB SHACK
3227 E BELL RD




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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Butters Pancakes & Cafe

Request for a liquor license. Arizona State License Application 161029.

Summary

Applicant
Christopher Syregelas, Agent

License Type
Series 12 - Restaurant

Location
7000 E. Mayo Blvd., Ste. 1032
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.

The 60-day limit for processing this application is Nov. 14, 2021.

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

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


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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.

Butters Pancakes & Cafe (Series 12)
8300 N. Hayden Road, Ste. F104, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Butters Pancakes & Cafe (Series 12)
14795 N. Northsight Blvd., 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:
“We have over 40 years experience owning an operating restaurants and currently
have two other Butters Pancakes & Cafe restaurants in Scottsdale with liquor licenses.
Our staff has been through state certified liquor training and are knowledgeable in
responsible liquor service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Butters is Arizona's best breakfast and lunch cafe. We know that it takes fresh,
innovative food served consistently and with unsurpassed quality by dedicated team
members in a clean and warm environment. We also believe in being responsible
shepherds of the environment by limiting our carbon footprint and whenever possible,
we seek out organically grown ingredients from local farmers an producers. We
believe in giving back to the community and are excited to open our first Phoenix
location.”

Staff Recommendation
Staff recommends approval of this application.



Page 16

Attachments
Liquor License Data - Butters Pancakes & Cafe
Liquor License Map - Butters Pancakes & Cafe

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




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Liquor License Data: BUTTERS PANCAKES & CAFE
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 3

Liquor Store 9 1 1

Restaurant 12 14 13


Crime Data

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

Property Crimes 46.78 13.19 22.71

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



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 0

Total Violations 91


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: BUTTERS PANCAKES & CAFE
7000 E MAYO BLVD




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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Tacos Calafia

Request for a liquor license. Arizona State License Application 160974.

Summary

Applicant
Perla Del Rio, Agent

License Type
Series 12 - Restaurant

Location
1606 E. Bell Road, Ste. 101-104
Zoning Classification: C-2
Council District: 3

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

The 60-day limit for processing this application is Nov. 15, 2021.

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

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

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“We believe that we can sell alcohol responsibly and ensure that consuption of
alcoholic drinks remains within safe parameters. We understand that there are risks
with not taking the sell of liquor responsibly could be dangerous and harm someone.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We understand and are willing to respect and serve our community by providing a
safe space for our customers, if we saw a risk to the neighbors that live in our area, we
would not pursue this license.”

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

Attachments
Liquor License Data - Tacos Calafia
Liquor License Map - Tacos Calafia

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




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Liquor License Data: TACOS CALAFIA
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 0

Beer and Wine Bar 7 3 2

Liquor Store 9 2 2

Beer and Wine Store 10 5 2

Restaurant 12 9 3


Crime Data

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

Property Crimes 46.78 80.36 99.68

Violent Crimes 8.73 10.96 13.48

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



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 54

Total Violations 92 99




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

1036062 854 90 % 13 % 4%

1036063 2174 78 % 13 % 25 %

1036111 1396 66 % 14 % 3%

6190002 1340 91 % 0% 9%

6192001 1053 20 % 23 % 17 %

6192003 2370 48 % 17 % 12 %

6193001 1220 87 % 12 % 14 %

6194001 1068 54 % 32 % 9%

6194002 1484 18 % 18 % 8%

6194003 1151 79 % 9% 31 %

Average 61 % 13 % 19 %




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Liquor License Map: TACOS CALAFIA
1606 E BELL RD




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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - In & Out Convenience

Request for a liquor license. Arizona State License Application 009070006684.

Summary

Applicant
Nirav Patel, Agent

License Type
Series 9 - Liquor Store

Location
6024 N. 23rd Ave.
Zoning Classification: C-2
Council District: 5

This request is for an ownership transfer of a liquor license for a liquor store. This
location was previously licensed for liquor sales and may currently operate with an
interim permit.

The 60-day limit for processing this application is Nov. 14, 2021.

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

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


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

Heena Mini Mart (Series 9)
2202 E. Route 66, Flagstaff
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Shell Cave Creek (Series 10)
31414 N. Cave Creek Road, Phoenix
Calls for police service: 4
Liquor license violations: None

Herbal Nail & Spa (Series 7)
6590 N. Scottsdale Road, #150, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Pebblestone Market (Series 9)
3399 N. Scottsdale Road, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I am currently an operator of 2 store with liquor license for past 17 years and I have
not had and issues or any type of denial. I operate all my store to the best of my
capability and with capable employees.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The location will continue to provide a convenient location to purchase liquor for the


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people in the neighbhour hood with easy access. The location is also very easily
accessible off Bethany Home Road and it is right on 23rd Ave.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - In & Out Convenience
Liquor License Map - In & Out Convenience

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




Page 27
Liquor License Data: IN & OUT CONVENIENCE
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 4 3

Liquor Store 9 7 3

Beer and Wine Store 10 13 5

Hotel 11 1 0

Restaurant 12 7 0


Crime Data

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

Property Crimes 48.11 275.21 218.89

Violent Crimes 9.06 52.78 70.06

*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 57 214

Total Violations 95 373




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

1068012 1670 5% 28 % 55 %

1068013 1083 30 % 20 % 33 %

1068021 1099 60 % 0% 9%

1068022 1105 85 % 21 % 1%

1068023 1633 17 % 17 % 34 %

1069002 2629 71 % 5% 22 %

1072022 2085 62 % 5% 22 %

1073001 2203 79 % 3% 6%

1073004 2614 23 % 5% 31 %

Average 61 % 13 % 19 %




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Liquor License Map: IN & OUT CONVENIENCE
6024 N 23RD AVE




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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - IHOP

Request for a liquor license. Arizona State License Application 1207B294.

Summary

Applicant
Thomas Aguilera, Agent

License Type
Series 12 - Restaurant

Location
1743 E. Camelback Road
Zoning Classification: PSC
Council District: 6

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

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

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

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

IHOP (Series 12)
705 S. Rural Road, #101, Tempe
Calls for police service: N/A - not in Phoenix


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Liquor license violations: None

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I serve as agent on numerous liquor licenses in Arizona. I have been fingerprinted and
background checked. I have Title IV expertise and have practiced liquor law for over
20 years in Arizona I have completed all paperwork for this AOC and submitted same
to the Arizona Deptartment of Liquor License and Control.”

Staff Recommendation
Staff recommends approval of this application.

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




Page 32



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Anhelo

Request for a liquor license. Arizona State License Application 161426.

Summary

Applicant
Jose Jacobo, Agent

License Type
Series 12 - Restaurant

Location
114 W. Adams St., Ste. C103
Zoning Classification: DTC - Business Core HP
Council District: 7

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

The 60-day limit for processing this application is Nov. 16, 2021.

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

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


Page 33

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

Hidden Kitchen (Series 12)
628 E. Adams St., Phoenix
Calls for police service: 1
Liquor license violations: None

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I have completed the required certification. I have 10 years restaurant experience and
this is my second restaurant.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“All of my staff will go through the required training to comply with all of the state rules.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Anhelo
Liquor License Map - Anhelo

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




Page 34
Liquor License Data: ANHELO
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 3 1

Wholesaler 4 1 0

Government 5 8 2

Bar 6 43 28

Beer and Wine Bar 7 13 6

Liquor Store 9 2 2

Beer and Wine Store 10 12 2

Hotel 11 8 6

Restaurant 12 85 43

Club 14 3 0


Crime Data

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

Property Crimes 46.78 146.33 184.18

Violent Crimes 8.73 47.13 54.56

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



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 38

Total Violations 92 68




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

1129002 815 37 % 22 % 24 %

1129003 1372 4% 18 % 40 %

1131001 1015 7% 8% 28 %

1131002 1242 3% 7% 33 %

1141001 2299 16 % 37 % 44 %

1142001 1321 36 % 22 % 50 %

1143011 1389 22 % 15 % 57 %

Average 61 % 13 % 19 %




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Liquor License Map: ANHELO
114 W ADAMS ST




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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Pho Bowl

Request for a liquor license. Arizona State License Application 161018.

Summary

Applicant
Jenny Le, Agent

License Type
Series 12 - Restaurant

Location
1820 N. 75th Ave., Ste. 108
Zoning Classification: C-2
Council District: 7

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

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

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

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


Page 38


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 a restaurant space and would love to increase sales by adding alcohol.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I have multiple customers asked if we sell acohol. This would make them happy.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Pho Bowl
Liquor License Map - Pho Bowl

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




Page 39
Liquor License Data: PHO BOWL
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 0

Bar 6 1 0

Beer and Wine Bar 7 1 0

Liquor Store 9 3 2

Beer and Wine Store 10 7 2

Restaurant 12 17 2


Crime Data

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

Property Crimes 46.78 185.69 309.76

Violent Crimes 8.73 25.37 40.76

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



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 56 94

Total Violations 91 154




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

1125033 1448 67 % 6% 8%

1125034 1913 70 % 12 % 32 %

1125081 2267 87 % 9% 19 %

1125091 1905 0% 15 % 22 %

1125092 1564 47 % 23 % 9%

1125093 2841 0% 14 % 49 %

Average 61 % 13 % 19 %




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Liquor License Map: PHO BOWL
1820 N 75TH AVE




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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Mariscos Camaron Pelao

Request for a liquor license. Arizona State License Application 152182.

Summary

Applicant
Alfonso Romero, Agent

License Type
Series 12 - Restaurant

Location
2445 E. Thomas Road
Zoning Classification: C-2
Council District: 8

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

The 60-day limit for processing this application was Aug. 20, 2021. However, the
applicant submitted a written request for more time.

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

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


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

Mariscos Camaron Pelao (Series 12)
350 N. Dysart Road, #201, Goodyear
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I currently have a liquor license with the same name in the City of Goodyear. I had
another liquor license in the city of Glendale several years ago and I sold the bar.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“There is no other mariscos/seafood restaurants within miles of our location. We pride
ourselv on the quality of our food. Mariscos/seafood is best served with a cocktail or an
ice cold bee Our restaurant is family orientated.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Mariscos Camaron Pelao
Liquor License Map - Mariscos Camaron Pelao

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




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Liquor License Data: MARISCOS CAMARON PELAO
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 4 2

Beer and Wine Bar 7 3 2

Liquor Store 9 8 2

Beer and Wine Store 10 11 2

Restaurant 12 11 4


Crime Data

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

Property Crimes 45.54 106.74 105.30

Violent Crimes 8.44 23.46 20.16

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



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 62

Total Violations 88 94




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

1107022 2172 32 % 20 % 32 %

1108021 948 75 % 27 % 13 %

1108022 1168 33 % 16 % 7%

1115011 2020 44 % 16 % 43 %

1115021 1414 46 % 21 % 34 %

1115022 2109 42 % 7% 17 %

1116011 1492 55 % 13 % 39 %

1116012 1200 65 % 11 % 40 %

Average 61 % 13 % 19 %




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Liquor License Map: MARISCOS CAMARON PELAO
2445 E THOMAS RD




Ü
Date: 6/24/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
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PAYMENT ORDINANCE (Ordinance S-48072) (Items 11-12)
Ordinance S-48072 is a request to authorize the City Controller to
disburse funds, up to amounts indicated below, for the purpose of
paying vendors, contractors, claimants and others, and providing
additional payment authority under certain existing city contracts. This
section also requests continuing payment authority, up to amounts
indicated below, for the following contracts, contract extensions and/or
bids awarded. As indicated below, some items below require payment
pursuant to Phoenix City Code section 42-13.

11 Canyon Taxi LLC
For $52,500.00 in payment authority for a new contract, entered on or
about Nov. 1, 2021 for a term of five years for Wheelchair Transportation
Services for the Police Department. The Police Department identified that
wheelchair transportation services are needed for patrol officers to
transport suspects, victims, or witnesses, who are wheelchair-bound and
are transported during their investigations. The patrol vehicles are not
equipped to transport wheelchair-bound citizens. The lack of wheelchair
transportation services could potentially hinder, delay or interfere with an
investigation or criminal justice proceedings.

12 Central Arizona Water Conservation District doing
business as Central Arizona Project
For $32,619.00 in payment authority for a land lease license necessary
for the on-going right to use Central Arizona Project land and maintain
underground water lines for a five-year term for the Water Services
Department. The five-year term is March 21, 2021 to March 20, 2026 for
the Dynamite Road Land Lease number 2000-002, and July 1, 2021 to
June 30, 2026 for the Jomax Road Land Lease number 99-013 and Sept.
1, 2021 to Aug. 31, 2026 for the Tatum Boulevard and the Canal Lands
Case #2014-007.



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Item text
Crane Rentals - Requirements Contract IFB 16-004 (Ordinance S-48078)
Request to authorize the City Manager, or his designee, to extend and continue using
Ordinance S-42151 under Contract 141829 with Southwest Industrial Rigging to
provide crane rentals for Citywide use. Further request authorization for the City
Controller to disburse all funds related to this item. No additional funds are needed.

Summary
The contract provides crane rentals as required for various facility operation projects
requiring heavy lifting citywide.

Contract Term
Upon approval, the term of the contract will be extended through Dec. 31, 2022.

Financial Impact
The contract was originally approved on Nov. 18, 2015 with an aggregate value of
$250,000. No additional funds are needed. Any remaining funds authorized by
previous City Council action will be applied to the extended contract terms.

Concurrence/Previous Council Action
The contract was originally approved by City Council on Nov. 18, 2015.

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




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Item text
Authorization to Enter into Contract with Area Agency on Aging, Region One,
Inc. for COVID-19 Senior Assistance - Goods2Home Program (Ordinance S-
48085)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Area Agency on Aging, Region One, Incorporated (AAA) for $2,000,000 to
continue the Goods2Home program which provides home delivery of groceries,
prescriptions and other medical supplies for Phoenix senior residents. Further request
to authorize the City Controller to disburse all funds related to this item.

Summary
Due to the COVID-19 pandemic, Phoenix senior residents have concerns leaving their
homes to purchase groceries and pick-up prescriptions and other medical supplies.
Many older adults are unable to afford delivery fees associated with commercial
grocery home delivery programs and/or lack technology/computer literacy skills to
complete online ordering. In response, AAA created the Goods2Homes program which
provides personalized assistance to seniors with home delivery of groceries,
prescriptions and medical supplies. In July 2020, the City contracted with AAA for this
program using one-time CARES Act funding and will continue this service for Phoenix
seniors using American Rescue Plan Act (ARPA) funds.

Contract Term
The term of this contract will begin on or about Nov. 1, 2021 and end on Dec. 31,
2024.

Financial Impact
Aggregate expenditures will not exceed $2,000,000. There is no impact to the General
Fund. Funding is available through the City’s allocation of the ARPA funds.

Concurrence/Previous Council Action
On June 24, 2020, City Council approved the initial contract with AAA utilizing one-time
CARES Act funding through Ordinance S-46817.

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

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Item text
Arizona Commission on the Arts FY 2021-22 AZ Organizational Relief Grant
(Ordinance S-48087)

Request authorization for the City Manager, or his designee, to apply for, accept, and,
if awarded, enter into an agreement for up to $25,000 in Arizona Commission on the
Arts (ACA) Organizational Relief Grant funds for Fiscal Year (FY) 2021-22. Further
authorize the City Treasurer to accept and the City Controller to disburse the funds for
purposes of this ordinance. The grant funds would be used by the Phoenix Office of
Arts and Culture in FY 2021-22 to support the agency's operations and projects.

Summary
The ACA Organizational Relief Grant is intended to provide relief and recovery support
to arts and cultural organizations of all sizes, local arts and cultural organizations from
Sovereign Tribal Nations, whose primary mission is to produce, present, teach or serve
the arts. Funds may be used to support the agency's operations and projects. The
Phoenix Office of Arts and Culture has applied for and received annual grant funds
from the ACA since 1994. However, for FY 2021-22, the ACA only received federal
funds from the American Rescue Plan Act (ARPA) versus the state's general fund
regrant. This is the only category the Phoenix Office of Arts and Culture can apply to
this year.

If awarded, the grant funds will support the development and distribution of
informational materials regarding the arts and cultural community; provision of
management and technical assistance services to artists and cultural organizations;
development of educational public outreach programs that promote an appreciation of
arts and culture; and support for community arts and culture initiatives.

Financial Impact
There is no impact to the General Fund.

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




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Item text
Issuance of Economic Development Revenue Bonds (All Sports Village, Inc.
Project), Series 2021 (Resolution 21974)

Requests City Council approval for the issuance of Economic Development Revenue
Bonds (All Sports Village, Inc. Project), Series 2021, to be issued in one or more tax-
exempt or taxable series in an aggregate principal amount not to exceed
$200,000,000.

Summary
Request City Council adoption of a resolution granting approval of the proceedings
under which The Industrial Development Authority of the City of Phoenix, Arizona (the
“Phoenix IDA”) has previously resolved to issue up to $200,000,000 of Economic
Development Revenue Bonds (the “Revenue Bonds”) for use by All Sports Village, Inc.
(the “Borrower”), a Connecticut not-for-profit corporation, to

a) finance, and/or refinance, as applicable, a portion of the acquisition, construction,
renovation, improvement, equipping, and operation of a state of the art, premier family
multi-sports park facility and entertainment complex in Windsor Locks, Connecticut,
and
b) pay certain costs related to the 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 October 14, 2021.

Location
The Project is located at or near the northeast corner of the intersection of Old County
Road and Connecticut Highway 20 in Windsor Locks, Connecticut.

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.




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




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Item text
Issuance of Project Revenue Bonds (Provident Group - Costa Isabela Properties
LLC; Costa Isabela Conference Hotel Project), Series 2021 (Resolution 21975)

Requests City Council approval for the issuance of Project Revenue Bonds (Provident
Group - Costa Isabela Properties LLC; Costa Isabela Conference Hotel Project),
Series 2021, to be issued in one or more tax-exempt and/or taxable series in an
aggregate principal amount not to exceed $350,000,000.

Summary
Request City Council adoption of a resolution granting approval of the proceedings
under which The Industrial Development Authority of the City of Phoenix, Arizona (the
“Phoenix IDA”) has previously resolved to issue up to $350,000,000 of Project
Revenue Bonds (the “Revenue Bonds”) for use by Provident Group - Costa Isabela
Properties LLC (the “Borrower”), a Delaware limited liability company, to

a) finance, and/or refinance, as applicable, a portion of the acquisition, design,
construction, operation, and equipping of an approximately 356-room hotel and related
facilities in Isabela, Puerto Rico, and
b) pay certain costs related to the 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. 14, 2021.

Location
The Project is located at or near 396 Avenue Noel Estrada, Isabela, Puerto Rico.

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.

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



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Item text
Issuance of Multifamily Housing Revenue Notes (Harmony at the Park Two
Project), Series 2021 (Resolution 21976)

Requests City Council approval for the issuance of Multifamily Housing Revenue
Notes (Harmony at the Park Two Project), Series 2021, to be issued in one or more tax
-exempt and/or taxable series in an aggregate principal amount not to exceed
$20,000,000.

Summary
Request City Council adoption of a resolution granting approval of the proceedings
under which The Industrial Development Authority of the City of Phoenix, Arizona (the
“Phoenix IDA”) has previously resolved to issue up to $20,000,000 of Multifamily
Housing Revenue Notes (the “Revenue Notes”) for use by Harmony at the Park Two,
LLC (the “Borrower”), an Arizona limited liability company, to

a) finance, and/or refinance, as applicable, all or a portion of the acquisition,
construction, improvement, equipping, or operation of a multifamily residential rental
housing facility in Phoenix, Arizona, and
b) pay certain costs related to the issuance of the Revenue Notes.

Concurrence/Previous Council Action
The Phoenix IDA Board has previously resolved to issue the Revenue Notes at its
meeting held on October 14, 2021.

Location
The Project is located at or near 600 North 20th Street in Phoenix, Arizona.

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.

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



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Item text
Randox Evidence Investigator Analyzer Instruments - EXC 22-051 (Ordinance S-
48074)

Request to authorize the City Manager, or his designee, to enter into a contract with
Randox Toxicology for the one-time purchase of two Randox evidence investigator
analyzer instruments for the Police Department. Further request authorization for the
City Controller to disburse all funds related to this item. The aggregate contract value
will not exceed $113,520.

Summary
The Randox evidence investigator analyzer instruments serve as the preliminary drug
screening for all the blood specimens received in the toxicology section related to
driving under the influence of drugs/traffic, drug-facilitated crimes/sexual assault,
aggravated assault, and homicide investigations. The Randox instruments provide
simultaneous analysis for a large scope of analytes using a small volume, which is
ideal for this specific type of analysis. The Randox system is currently being used by
the laboratory and already validated for use for screening biological specimens for
drugs. The purchase of these instruments will replace the current system and provide
redundancy to minimize the risk of any delays due to instrument downtime.

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
a result of an approved determination, indicating that there is no other manufacturer of
the evidence investigator analyzer instruments.

The Assistant Finance Director recommends the one-time purchase with Randox
Toxicology be accepted.

Contract Term
This one-time purchase will begin on or about Nov. 3, 2021.

Financial Impact
The aggregate contract value will not exceed $113,520 and funds are available in the
Police Department’s budget.



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




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Additional Expenditures for Fire Fighting Protective Hoods T16-151-01 -
Cooperative Requirements Contract (Ordinance S-48083)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 146399, with United Fire Equipment Company, dba
Matlick Enterprises, for the purchase of fire fighting protective hoods for the Phoenix
Fire Department (PFD). Further request authorization for the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed
$75,000.

Summary
The additional funds are needed to purchase extra protective hoods due to the
increased hiring of new firefighters, the increase of fires and the replacement of
damaged and worn hoods. The fire protective hoods are used by the Phoenix Fire
Department to protect the head and neck areas against extreme heat, hot particles
and other hazards encountered during a fire. The protective hood is essential personal
protective equipment (PPE) to daily firefighter protection and safety in high
atmospheric temperatures.

Contract Term
The contract term is Dec. 1, 2017 through Nov. 30, 2022.

Financial Impact
Upon approval of $75,000 in additional funds, the revised aggregate value of the
contract will not exceed $581,752. Funds are available in the Fire Department’s
budget.

Concurrence/Previous Council Action
This contract was originally approved by City Council on Nov. 15, 2017.

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




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Item text
Public Safety Communications Equipment - Requirements Contract RFP 11-
0004 / VH10965 (B) (Ordinance S-48080)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 143649 with Tessco Incorporated for the purchase of
public safety communication equipment for the Information Technology Services (ITS)
Department. Further request to authorize the City Controller to disburse all funds
related to this item. The additional expenditures will not exceed $150,000.

Summary
The contract is used by ITS to support the Phoenix Police and Fire departments, and
the Regional Wireless Cooperative (RWC). The Phoenix Police and Fire departments
lease copper circuits from the City’s telephone communications provider to link the
RWC, which are used to operate public safety radio communication equipment. The
telephone communications provider will no longer repair the circuits and related
equipment. Additional funds are needed to purchase wireless microwave hardware to
replace the leased circuits to ensure continued support of radio communications for
the Fire and Police departments.

Contract Term
The contract term is Sept. 1, 2016 to Dec. 30, 2021.

Financial Impact
Upon approval of $150,000 in additional funds, the revised aggregate value of the
contract will not exceed $733,500. Funds are available in the Information Technology
Services Department's budget.

Concurrence/Previous Council Action
This contract was originally approved by City Council on Aug. 31, 2016.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Information
Technology Services Department.




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Phoenix Sky Harbor International Airport West Air Cargo Reconstruction -
Engineering Services - AV06000026 FAA (Ordinance S-48073)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Trace Consulting, LLC, to provide Engineering Services that include project
management, design, and possible construction administration and inspection services
for the Phoenix Sky Harbor International Airport West Air Cargo Reconstruction
project. Further request to authorize execution of amendments to the agreement as
necessary within the Council-approved expenditure authority as provided below, and
for the City Controller to disburse all funds related to this item. The fee for services will
not exceed $2,046,000.

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 purpose of this project is to provide a complete reconstruction of the West Air
Cargo Apron at Phoenix Sky Harbor International Airport (PSHIA) in accordance with
the Aviation Capital Improvement Management Plan, the Airside Pavement
Assessment Program, and the most current Federal Aviation Administration (FAA)
Advisory Circulars. This project is necessary because the West Cargo Apron has been
scheduled for remediation since originally identified on PSHIA Airfield Pavement
Management Program with a “poor” Pavement Condition Index rating. Airport
maintenance staff have completed repairs and replacements over the useful life to
keep operations open, but a reconstruction is needed to facilitate ongoing and growing
cargo operations at PSHIA. The project will optimize drainage and address existing


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drainage structures, along with minor utilities, lighting, and striping work.

Trace Consulting, LLC’s services include, but are not limited to: coordinate with all City
departments and aviation sections; perform environmental services requirements,
archeological review, and geotechnical engineering investigation; design new hot mix
asphalt concrete per FAA requirements; design airport service roads and traffic
controls; investigate the needs for replacing markings, signage, airfield lighting, and
utility conflicts; perform a project-wide survey to confirm existing surface and structure
elevation conditions; update drainage plans, electrical plans, and airside barricade
plan and service road detours; perform and provide documentation for FAA and Airport
Improvement Program grant compliance; provide cost estimates and package the
project to be constructed in different phases per grant allocations; provide possible
construction administration and inspection services; and other tasks as assigned for a
complete project.

Procurement Information
The selection was made using a qualifications-based selection process set forth in
Arizona Revised Statutes (A.R.S.) 34-603. In accordance with A.R.S. 34-603(H), the
City may not publicly release information on proposals received or the scoring results
until an agreement has been awarded. Three firms submitted proposals and are listed
below.

Selected Firm:
Rank 1: Trace Consulting, LLC

Additional Proposers:
Rank 2: Stantec Consulting Services, Inc.
Rank 3: C&S Engineers, Inc.

Contract Term
The term of the agreement is five years from the issuance of the Notice to Proceed.
Work scope identified and incorporated into the agreement before the end of the term
may be agreed to by the parties, and work may extend past the termination of the
agreement. No additional changes may be executed after the end of the term.

Financial Impact
The agreement value for Trace Consulting, LLC will not exceed $2,046,000, including
all subconsultant and reimbursable costs.

Funding is available in the Aviation Department's Capital Improvement Program
budget. The Aviation Department anticipates grant funding for this project. The Budget


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and Research Department will separately review and approve funding availability prior
to execution of any amendments. Payments may be made up to agreement limits for
all rendered agreement services, which may extend past the agreement termination.

Location
3400 E. Sky Harbor Blvd.
Council District: 8

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




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Item text
Phoenix Sky Harbor International Airport Terminal 4 Infrastructure Fire Alarm
Replacement - Design-Build Services - AV21000102 (Ordinance S-48075)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Chasse Building Team, Inc. to provide Design-Build Services for the Phoenix Sky
Harbor International Airport Terminal 4 Infrastructure Fire Alarm Replacement project.
Further request to authorize execution of amendments to the agreement as necessary
within the Council-approved expenditure authority as provided below, and for the City
Controller to disburse all funds related to this item. The fee for services will not exceed
$1 million.

Additionally, request to authorize the City Manager, or his designee, to take all
necessary and appropriate action 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 the City Manager to
include in this transaction's documents indemnification and assumption-of-liability
provisions otherwise prohibited by Phoenix City Code 42-18. This authorization
excludes any transaction involving an interest in real property.

Summary
This initial request is to enter into an agreement with Chasse Building Team, Inc. for
Design-Build Design Phase Services. At a future date, the City will request City
Council approval of the construction phase services after the project scope
requirements are developed and estimated.

The purpose of this project is to replace the existing Terminal 4 Fire Alarm (FA)/Voice
Evacuation System with a new, updated system. The existing fire alarm system in
Terminal 4 has been in place since 2003 and some parts of the system much longer
than that. The existing system has reached the end of its service life, according to the
manufacturer. To minimize the impact on terminal operations, this project will proceed
in phases while the existing system stays active. Night work and multiple shifts to
expedite the work will be required at certain locations.


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Chasse Building Team, Inc. will initially confirm project scope requirements and then
prepare a conceptual design adequate to provide a Guaranteed Maximum Price
(GMP) proposal. Chasse Building Team, Inc. will assume the risk of delivering the
project through a GMP agreement. Chasse Building Team, Inc. will be responsible for
construction means and methods related to the project and fulfilling the Small
Business Enterprise program requirements. Chasse Building Team, Inc. will be
required to solicit bids from pre-qualified subcontractors and to perform the work using
the City’s subcontractor selection process. Chasse Building Team, Inc. may also
compete to self-perform limited amounts of work.

Chasse Building Team, Inc.’s services for the initial design phase will include: verify
existing as-built conditions against record drawings, provide options and
recommendations for the new FA/Voice Evacuation System, ensure the new system
will communicate with the existing network, identify code-related upgrades, assume
responsibility for design, engineering and permitting of entire FA/Voice Evacuation
System, develop project schedule and detailed phasing plan with stakeholder input,
develop cost estimates and a GMP that is within the City’s budget, execute the
construction plan in coordination with stakeholders, and ensure existing FA/Voice
Evacuation System remains operable during all phases of the project to allow
continuous occupancy and use of the facility.

This Agreement is essential to the health, safety, and welfare of the Public and critical
operations for the City.

Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S. 34-
603(H), the City may not publicly release information on proposals received or the
scoring results until an agreement is awarded. Four firms submitted proposals and are
listed below.

Selected Firm
Rank 1: Chasse Building Team, Inc.

Additional Proposers
Rank 2: Caliente Construction, Inc.
Rank 3: Sun Eagle Corporation
Rank 4: The Whiting-Turner Contracting Company, Inc.




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Contract Term
The term of the agreement is five years from issuance of the Notice to Proceed. Work
scope identified and incorporated into the agreement prior to the end of the term may
be agreed to by the parties, and work may extend past the termination of the
agreement. No additional changes may be executed after the end of the term.

Financial Impact
The agreement value for Chasse Building Team, Inc.'s initial design phase services will
not exceed $1 million, including all subcontractor and reimbursable costs.

Funding is available in the Aviation Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.

Location
3400 E. Sky Harbor Blvd.
Council District: 8

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




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Item text
Maintenance and Repair of Vehicle Barriers and Security Gates - Amendment
(Ordinance S-48079)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 146545 with Phoenix Fence Company, Inc. to provide additional funding for
installation, inspection, repair, maintenance, and/ or replacement of vehicle barriers
and security gates on an as needed basis at Phoenix Sky Harbor International Airport,
Phoenix Deer Valley Airport, and Phoenix Goodyear Airport (Airports). Further request
to authorize the City Controller to disburse all funds related to this item. The additional
funds will not exceed $150,000.

Summary
On Dec. 13, 2017, the City Council approved this contract to provide installation,
inspection, repair, maintenance, and/or replacement of vehicle barriers, turnstiles,
security gates, gate operating systems, controls bollards, and their supporting
infrastructure on an as need basis for the Airports.

The purpose of this amendment is to provide additional funds, which are necessary for
repairs related to an increase in unanticipated damages caused by storms, vehicles
and other similar incidents.

Contract Term
There is no change to the current five-year term of the contract, which began on Jan.
1, 2018 and includes three, one-year options to extend the term that may be exercised
at the sole discretion of the Aviation Director.

Financial Impact
The initial authorization for the Maintenance and Repair of Vehicle Barriers and
Security Gates contract was for an expenditure not-to-exceed $500,000. This
amendment will increase the authorization for the contract by an additional $150,000,
for a new total not-to-exceed contract value of $650,000.

Funding is available in the Aviation Department's budget.




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Concurrence/Previous Council Action
The City Council approved Contract 146545 (Ordinance S-44125) on Dec. 13, 2017.

Location
Phoenix Sky Harbor International Airport and surrounding airport properties - 3400 E.
Sky Harbor Blvd.
Phoenix Deer Valley Airport - 702 W. Deer Valley Road
Phoenix Goodyear Airport - 1658 S. Litchfield Road Goodyear, Ariz.
Council Districts: 1, 8 and Out of City

Responsible Department
The Item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




Page 67



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Item text
I-10 West Extension Route and Transit Type Recommendation

This report requests City Council approve an amendment to the current Locally
Preferred Alternative (LPA) of the 10WEST Project (formerly known as the Capitol/I-10
West Light Rail Extension Phase II Project) to include extending to the Desert Sky
Transit Center in a future phase (Attachment A), and to reaffirm light rail as the mode
of transit for the 10WEST Project.

Summary
In 2012, the Phoenix City Council approved the current LPA (Attachment B),
extending light rail from downtown Phoenix to the 79th Avenue/I-10 Park-and-Ride
facility. Then in 2016, City Council and the Valley Metro Rail Board of Directors
approved a phased approach to the Project:
· Phase I - connect downtown Phoenix to the State Capitol Complex; and
· Phase II - extend the system west along I-10 to the 79th/I-10 Avenue park-and-ride.

In 2019, the Phoenix City Council requested additional public outreach and input on
both phases. Public input was sought in three key areas:
· Identify a preferred Capitol Extension option;
· Explore a potential 10WEST extension to the Desert Sky Transit Center; and
· Review all options for high-capacity, high-frequency transit types for the 10WEST
extension.

Technical Analysis Summary
As part of the analysis of other transit types for 10WEST, staff considered other high-
capacity transit (HCT) types for the corridor, including bus rapid transit (BRT).

Staff evaluated the following criteria in considering other transit types:
· Community input;
· Ridership potential;
· Capital and operating cost;
· Constructability;
· Operational characteristics;
· Consistency with other local plans; and


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· Economic development potential.

The technical analysis involving all of the criteria above revealed that light rail is still
warranted as the transit type for 10WEST because it provides the highest ridership
potential of all HCT types considered, with the potential for approximately 50 percent
more riders than BRT. Although light rail involves higher upfront capital costs, the total
lifecycle cost of light rail when accounting for all associated costs and total project
ridership is comparable to enhanced BRT.

Since most of the project corridor is not located within an existing local roadway,
traditional light rail constructability challenges (such as utility relocations and right-of-
way acquisition) are also significantly lowered. This should produce cost savings and
schedule improvements during construction as compared to other light rail construction
projects, as well as improved travel times and reliability during operations.

Operationally, light rail would integrate seamlessly into the region’s HCT system by
connecting with the Capitol Extension just west of the State Capitol Complex, providing
west valley residents with a one-seat ride to various notable destinations (like Phoenix
Sky Harbor International Airport and ASU’s Main Campus, among others). It also
would be able to travel approximately 10 percent faster than other HCT types, while
providing a higher peak rider capacity. Lastly, the public has expressed support for light
rail as the transit type for 10WEST, both during the public meetings summarized below
and in local plans, such as the Maryvale Village Core Urban Design Plan and the
Maryvale Character Area Plan. Both of these community documents favor light rail due
to the associated economic development impacts that light rail can provide compared
to other transit modes.

Desert Sky Transit Center Extension
Regarding extending service to the Desert Sky Transit Center, staff looked at the
following criteria:
· Ridership potential;
· Competitiveness for federal funding;
· Connections to activity centers and other transit routes; and
· Consistency with local plans and public input.

The technical analysis revealed that extending 10WEST service to the Desert Sky
Transit Center is warranted because it will serve additional riders with the potential of
generating approximately 18 percent additional passenger boardings. The extension
will connect two regional activity centers, Ak-Chin Pavilion and Desert Sky Mall, both of
which have been identified as community assets in the Maryvale Character Area Plan.


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In addition, the added potential ridership is supported by the proximity of two schools,
as well as existing and planned multi-family housing. Also, the Desert Sky Transit
Center, located adjacent to the mall, provides connectivity to existing and future transit
service, including three local routes, a rural route to Ajo, and the MARY neighborhood
circulator, as well as the potential to connect with BRT in the future. Lastly, the public
has expressed support for this extended service, both during the public meetings and
in the Maryvale Village Core Urban Design Plan.

Next Steps
Once approved by City Council, City of Phoenix and Valley Metro staff will:
· Conduct the necessary steps to progress the Project into preliminary engineering
and environmental assessment; and
· Continue coordination with West Valley communities.

Financial Impact
Funding for the 10WEST Project is expected to be a mix of local, regional, and federal
dollars. Federal funding for fixed guideway transit projects is generally provided
through the Federal Transit Administration’s Capital Investment Grant (CIG) program.
Based on current eligibility criteria and preliminary analysis, the 10WEST Project
remains competitive for federal funding.

Concurrence/Previous Council Action
The Citizens Transportation Commission to recommended approval of this item on
Aug. 26, 2021, by a vote of 14-0.
The Transportation, Infrastructure and Planning subcommittee recommended approval
of this item on Oct. 20, 2021, by a vote of 4-0.

Public Outreach
In January 2020, Valley Metro held three public meetings (two in English and one in
Spanish) to provide information and seek input on the Project, including the Desert Sky
Transit Center extension, options for phasing to possibly accelerate the Project, and
transit-type options. Approximately 84 percent of the 183 survey respondents favored
extension to the Desert Sky Transit Center. Respondents also expressed interest in
exploring different transit types.

Due to the COVID-19 pandemic, outreach shifted to utilizing online platforms between
May and June 2020. Throughout the process, members of the public had the ability to
submit questions and comments to be evaluated by and responded to by project staff,
and all meeting information was presented in English and Spanish. Additionally, four
live (call-in) meetings were conducted (two in English and two in Spanish). In total, the



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online public meeting website was visited 1,355 times, and 334 people provided
feedback, either by general questions and comments or through a feedback survey
form.

At the public meetings, Valley Metro provided information regarding a potential
extension of 10WEST to the Desert Sky Transit Center. In response, 77 percent of the
198 survey respondents felt positive about adding this extension to the Project, with 14
percent remaining neutral and 9 percent feeling negative. The survey also sought input
on 10WEST transit-type options (light rail compared to an exclusive bus way). Of the
149 responses to this question, 75 percent stated they preferred light rail over an
exclusive bus way, with 16 percent preferring the bus way and 9 percent expressing no
preference.

Location
10WEST will extend north to I-10 and along I-10 west to the Desert Sky Transit Center
in a future phase via 79th Avenue.
Council Districts: 4 and 7

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




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Attachment A
Recommended Route: 10West




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Attachment B
2012 Locally Preferred Alternative




Page 73



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Item text
Capitol Extension and I-10 West Extension Equitable Housing and Land Use
Planning Request for Proposals

This report requests City Council approval for issuance of a Request for Proposals to
procure consulting services to assist with the research, implementation, and execution
of the Capitol Extension and I-10 West Extension Transit-Oriented Development (TOD)
Grant. This Grant will assist with equitable housing strategy development and
proactive land use planning.

Summary
The Federal Transit Administration awarded to the City of Phoenix this TOD Grant on
Sept. 1, 2020. The grant’s purpose is to assist cities in developing equitable housing
strategies and proactive land use planning along transit project corridors. Land use
planning will advance TOD in the corridors and the region by advancing efforts with
residents, business owners, and community leaders to create a comprehensive plan
that lays the groundwork for new development that is urban, mixed-use, and built to a
pedestrian scale. Such planning will also strengthen and improve opportunities for
equitable housing that, when combined with new light rail lines, will improve the
community’s quality of life and economic vitality.

The TOD grant will cover the Capitol Light Rail Extension (CAPEX), as well as the
subsequent I-10 West Light Rail Extension (10WEST), recognizing that the project is
being evaluated to identify an end-of-line at either the 79th Avenue Park-and-Ride or
the Desert Sky Transit Center (Attachment A). The CAPEX TOD planning area is
generally bounded by 7th Avenue on the east, Interstate 17 on the west, Interstate 10
on the north, and the Union Pacific Railroad on the south. The 10WEST TOD planning
area is generally bounded by I-17 on the east, 83rd Avenue on the west, Encanto
Boulevard/Osborn Road on the north, and Van Buren Street on the south.

The grant will also provide resources for the City of Phoenix to work closely with the
community to develop and implement policy plans in the corridor by: collecting a
detailed inventory of existing land uses, hosting community stakeholder workshops
and meetings, working with the community to develop a community vision, and
identifying strategies and performance measures to implement the vision. Additionally,
the TOD Grant will fund the development of an Equitable Housing Strategy, as well as


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two TOD policy plans (one each for the CAPEX and 10WEST light rail extensions).
The scope of work summary for these planning efforts are included in Attachment B.

Financial Impact
The estimated total expenditure of the project is $2.5 million from the following funding
sources:
· Federal Transit Administration TOD Grant - $2 million; and
· City of Phoenix Transportation 2050 Funds - $500,000.

The project will be administered over two fiscal years:
· Fiscal Year 2021-22 - $750,000; and
· Fiscal Year 2022-23 - $1.75 million.

Concurrence/Previous Council Action
The Citizens Transportation Commission recommended approval of this item on Sept.
23, 2021, by a vote of 11-1.
The Transportation, Infrastructure and Planning subcommittee recommended approval
of this item on Oct. 20, 2021, by a vote of 4-0.

Location
Capitol Extension will extend light rail from downtown Phoenix west to the Arizona
State Capitol Complex.
Council District: 7

I-10 West Extension runs from the Arizona State Capitol to the Desert Sky Transit
Center.
Council Districts: 5 and 7

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




Page 75
Attachment A




Page 76
Attachment B

CAPITOL/I-10 TRANSIT ORIENTED DEVELOPMENT (TOD) PLANNING GRANT
FTA TOD PLANNING GRANT PROPOSED SCOPE OF WORK SUMMARY

Phase, Task, & Subtasks Description Deliverables
PHASE ONE (WHO WE ARE) Two Draft "Who We Are" Sections of Policy Plans
Task 1: Community Profile and Existing Conditions
Understand the unique characteristics, inventory, and evaluate the corridor through the six
Two Existing Conditions and Needs Assessment Reports
Subtask 1.1: Record Existing Conditions planning element framework (Land Use, Housing Economic Development, Health Mobility,
(One for Capitol Area and One for I-10 Area)
and Green Systems).
Build upon the six planning element existing conditions assessment and clearly articulate Two Community Profile reports
Subtask 1.2: Create a Community Profile
community needs towards innovative “best practice community investments”. (One for Capitol Area and One for I-10 Area)

Identify stakeholders and develop a plan to focused on reducing displacement and ensuring Two Stakeholder/Early Action Recommendations Memos
Subtask 1.3: Capacity Building
equitable engagement opportunities are provided early and throughout the process. (One for Capitol Area and One for I-10 Area)

PHASE TWO (WHAT WE WANT) Two Draft "What We Want" Sections of Policy Plans
Task 2: Public Engagement and Early Action
Implementation
Listen to the community voice, concerns, needs, and shared understanding of the current
Two Early action public involvement plan
Subtask 2.1: Build Trust and Relationships state of their communities. Learn with the community what the existing conditions and
(One for Capitol Area and One for I-10 Area)
community profile begin to reveal.
Two week-long Public Engagement Workshops to engage and gather perspectives on
Two Public Engagement Workshop Summary Reports
Subtask 2.2: Meaningful Opportunities to Engage current and desired conditions in the context of the six planning elements to generate a
(One for Capitol Area and One for I-10 Area)
shared and collective community vision for the future.
Considering the results thus far, begin formulating early action implementation strategies to
Two Early Action Implementation Reports
Subtask 2.3: Early Action Implementation be considered prior to the start of construction and operation impacts and create report
(One for Capitol Area and One for I-10 Area)
detailing suggested strategies
Task 3: Community Vision and Master Plan
Two week-long Community Design Workshops building off previous tasks to demonstrate
Two Community Design Workshop Summary Reports
Subtask 3.1: Conceptual Design Workshop appropriate scale and intensity in alignment with community prioritized investments and the
(One for Capitol Area and One for I-10 Area)
community vision.
Two series of Illustrative Plans and written narratives describing the design
A written and graphical series of illustrative plans and renderings which will delineate a
Page 77
components and development concepts reflecting the community vision for the
Subtask 3.2: Illustrative Plans generalized block pattern, building, street and open space typologies, consistent with the
future.
community identified and prioritized areas of change, investments, and vision for the future.
(One for Capitol Area and One for I-10 Area)
Provide distinct and descriptive character areas and associated building and housing
Subtask 3.3: Character Areas typologies to be applied and consistent with the community vision for adoption into the Form-Based Code recommendations Memo.
Walkable Urban Code.

Two Draft "How We Get There" Sections to bring Two full Draft Policy Plans
PHASE THREE (HOW WE GET THERE)
to completion (One for Capitol Area and One for I-10 Area)
Task 4: TOD Policy Plan(s)
The State Capitol Complex is made up of mostly publicly held property, owned by either City
of Phoenix, Maricopa County, or the State of Arizona. There is a large amount of vacant or
Deliverables are reiterative of the all tasks and represent a synthesis of the full
underutilized land (parking lots and low-density development) in the State Capitol Complex
Subtask 4.1: Capitol Mall TOD Policy Plan project scope formatted into representative Sections of the 3 key steps: “Who We
area, providing significant opportunities for new TOD. This policy plan will also address how
Are”, “What We Want”, “How We Get There”:
this new development will complement the existing neighborhoods in the State Capitol
Complex area.
High capacity transit along Interstate 10 corridor may create challenges for pedestrian
connectivity, higher densities, and TOD. This strategic plan will include peer analysis to Deliverables are reiterative of the all tasks and represent a synthesis of the full
Subtask 4.2: I-10 TOD Policy Plan determine best practices for developing TOD adjacent to a highway corridor. It will also project scope formatted into representative Sections of the 3 key steps: “Who We
address specific solutions for connectivity, especially to the areas north and south of Are”, “What We Want”, “How We Get There”:
Interstate 10.
Task 5: Equitable Housing Strategy
Understand the existing housing choices available prior to light rail and or high capacity
One Full Draft Equitable Housing Strategy Report (inclusive of content and
Subtask 5.1: Existing Housing Preservation transit, identify housing choices that provide the most just, fair, and inclusive (equitable)
recommendations from subtasks 5.1, 5.2, and 5.3)
opportunities for residents in TOD environments.
Identify the preferred locations for New Housing options and provide recommendations on One Full Draft Equitable Housing Strategy Report (inclusive of content and
Subtask 5.2: New Housing Assessment
the appropriate Housing Typologies to be consistent with the existing character and context. recommendations from subtasks 5.1, 5.2, and 5.3)
Delineate the general boundaries of district character areas and develop a menu of potential
One Full Draft Equitable Housing Strategy Report (inclusive of content and
Subtask 5.3: Equitable Housing Typologies building and housing typologies that will fit existing lot sizes and integrate with a transit-
recommendations from subtasks 5.1, 5.2, and 5.3)
oriented environment.



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Northwest Extension Phase II Active Transportation and Land Use Planning
Request for Proposals

This report requests City Council approval for issuance of a Request for Proposals to
procure services to assist with the research, implementation, and execution of the
Northwest Extension Phase II Transit-Oriented Development Grant. This grant will
assist with active transportation strategy development and proactive land use planning.

Summary
The Federal Transit Administration awarded to the City of Phoenix this Transit-Oriented
Development (TOD) grant on Dec. 15, 2020. The grant’s purpose is to assist cities in
developing active transportation strategies and proactive land use planning along
transit project corridors. Land use planning will advance TOD in the corridors and the
region by working with residents, business owners, and community leaders to create a
comprehensive plan that lays the groundwork for new development that is urban,
mixed-use, and built to a pedestrian scale. Such planning will also strengthen and
improve opportunities for multi-modal transportation that, when combined with new
light rail lines, will improve the community’s quality of life and economic vitality.

The grant will cover the Northwest Extension Phase II Light Rail Extension (NWEII)
project area, generally bounded by 19th Avenue on the east, 35th Avenue on the west,
Peoria Avenue on the north, and Butler Road on the south (Attachment A).

The grant will also provide resources for the City of Phoenix to work closely with the
community to develop and implement policy plans in the corridor by: collecting a
detailed inventory of existing land uses, hosting community stakeholder workshops
and meetings, working with the community to develop a community vision, and
identifying strategies and performance measures to implement the vision. Additionally,
the TOD Grant will fund the development of an Active Transportation Plan and a TOD
policy plan for the project area. The scope of work summary for the planning efforts are
included in Attachment B.

Financial Impact
The estimated total expenditure of the project is $1.25 million from the following
funding sources:


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· Federal Transit Administration TOD Grant - $1 million; and
· City of Phoenix Transportation 2050 Funds - $250,000.

The project will be administered over three fiscal years as follows:
· FY 2021-22 - $250,000
· FY 2022-23 - $750,000
· FY 2023-24 - $250,000

Concurrence/Previous Council Action
The Citizen Transportation Commission recommended approval of this item on Sept.
23, 2021, by a vote of 11-1.
The Transportation, Infrastructure and Planning subcommittee recommended approval
of this item on Oct. 20, 2021, by a vote of 4-0.

Location
The TOD Grant will cover the Northwest Extension Phase II Light Rail Extension
project area.
Council Districts: 3, 4 and 5

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




Page 79
Attachment A




Page 80
Attachment B
NWEII TRANSIT ORIENTED DEVELOPMENT (TOD) PLANNING GRANT
FTA TOD PLANNING GRANT PROPOSED SCOPE OF WORK SUMMARY

Phase, Task, & Subtasks Description Deliverables
PHASE ONE (WHO WE ARE) One "Who We Are" Section of Policy Plan
Task 1: Community Profile and Existing Conditions
Understand the unique characteristics, inventory, and evaluate the corridor through the six
Subtask 1.1: Record Existing Conditions planning element framework (Land Use, Housing Economic Development, Health, Mobility, One Existing Conditions and Needs Assessment Reports
and Green Systems).
Build upon the six planning element existing conditions assessment and clearly articulate
Subtask 1.2: Create a Community Profile One Community Profile reports
community needs towards innovative “best practice community investments”.
Identify stakeholders and build capacity towards reducing displacement and ensuring
Subtask 1.3: Capacity Building One Stakeholder/Early Action Recommendations Memos
equitable engagement opportunities are provided early and throughout the process.

PHASE TWO (WHAT WE WANT) One Draft "What We Want" Section of Policy Plan
Task 2: Public Engagement and Early Action
Implementation
Listen to the community voice, concerns, needs, and shared understanding of the current
Subtask 2.1: Build Trust and Relationships state of their communities. Learn with the community what the existing conditions and One Early action public involvement plan
community profile begin to reveal.
One week-long Public Engagement Workshop to engage and gather perspectives on current
Subtask 2.2: Meaningful Opportunities to Engage and desired conditions in the context of the six planning elements to generate a shared and One Public Engagement Workshop Summary Report
collective community vision for the future.
Considering the results thus far, begin formulating early action implementation strategies to
Subtask 2.3: Early Action Implementation One Early Action Implementation Report
be considered prior to the start of construction and operation impacts.
Task 3: Community Vision and Master Plan
One week-long Community Design Workshop building off previous tasks to demonstrate
Subtask 3.1: Conceptual Design Workshop appropriate scale and intensity in alignment with community prioritized investments and the One Community Design Workshop Summary Reports
community vision.
Page 81 A written and graphical series of illustrative plans and renderings which will delineate a One series of Illustrative Plans and written narratives describing the design
Subtask 3.2: Illustrative Plans generalized block pattern, building, street and open space typologies, consistent with the components and development concepts reflecting the community vision for the
community identified and prioritized areas of change, investments, and vision for the future. future.
Provide distinct and descriptive character areas and associated building and housing
Subtask 3.3: Character Areas typologies to be applied and consistent with the community vision for adoption into the Form-Based Code recommendations Memo.
Walkable Urban Code.

One Draft "How We Get There" Section to bring One full Draft Policy Plan to
PHASE THREE (HOW WE GET THERE)
completion
Task 4: Active Transportation Implementation Plan

Understand the existing transportation network available prior to light rail, identify evaluation One Full Draft Active Transportation Implementation Plan Report (inclusive of
Subtask 5.1: Active Transportation Assessment
metrics for recommending an inclusive and equitable transportation network. content and recommendations from subtasks 5.1, 5.2, and 5.3)
Conduct a planning and decision making process to identify an overarching vision for the
One Full Draft Active Transportation Implementation Plan Report (inclusive of
Subtask 5.2: Active Transportation Decision Making area and propose specific recommendations consistent with the transit oriented
content and recommendations from subtasks 5.1, 5.2, and 5.3)
environments.
Finalize recommendations for the active transportation infrastructure network and One Full Draft Active Transportation Implementation Plan Report (inclusive of
Subtask 5.3: Active Transportation Master Plan
recommend implementation strategies, policies, and actions to achieve the vision. content and recommendations from subtasks 5.1, 5.2, and 5.3)



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West Phoenix High Capacity Transit Study

This report requests City Council approval to initiate a study of high-capacity transit
options for West Phoenix.

Summary
In partnership with Valley Metro, City of Phoenix staff are recommending the study of
high-capacity transit (HCT) options in West Phoenix (Central Avenue to 91st Avenues,
McDowell Road to Camelback Roads). This study will build upon previous planning
efforts to continue expanding mobility options for West Phoenix residents, workers,
and visitors.

Adding HCT in West Phoenix is a key component of the expanded transit program
outlined in the voter-approved Transportation 2050 (T2050) plan. The study would be
funded by regional transit funds (Prop. 400) and also potentially funded by a Federal
Transit Administration (FTA) grant available for areas of persistent poverty, as further
explained in this report.

Background of previous HCT studies
HCT in West Phoenix was first studied in coordination with the City of Glendale in
2010. Planning efforts progressed in three studies until a Phoenix City Council action
in 2019 put the project on hold. The three studies were as follows:
· Study I: Glendale HCT Study (2010-12);
· Study II: West Phoenix/Central Glendale Light Rail Extension Study (2013-17); and
· Study III: West Phoenix Light Rail Extension Study (2017-19).

Study I explored bringing HCT to the Westgate Entertainment District. Five preferred
corridors were identified, two of which connected to Phoenix’s Northwest Phase I
extension (running along Glendale Avenue to Westgate). The remaining three corridor
options connected to the future I-10 West Extension (running north from 79th Avenue/I
-10 to Westgate). The results of the study advanced an option to extend light rail west
on Glendale Avenue from 19th Avenue, with stations approximately every mile along
Glendale Avenue to the Westgate area.

Study II built upon the Glendale HCT Study, but with two major changes in scope:


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· Changing the end-of-line from the Westgate Entertainment District to downtown
Glendale; and
· Comparing alternative alignments in West Phoenix to better serve activity centers in
the area.

While Study I focused on extending light rail along Glendale Avenue, Study II
evaluated a total of six alignments to identify the most productive corridor. At the
conclusion of Study II, the proposed alignment would begin at the existing 19th
Avenue/Camelback Road light rail station, head west along Camelback Road to 43rd
Avenue, and then head north toward Glendale Avenue, where the alignment would
then turn west toward downtown Glendale.

The benefits of this alignment for West Phoenix residents included higher ridership
projections than Study I and better connectivity to activity centers, such as Grand
Canyon University and Alhambra High School. In the selection of this alignment, a total
of 110 public outreach activities were conducted and numerous stakeholders were
engaged. Study II concluded in December 2017, at which time the Glendale City
Council voted to withdraw from the project.

Study III explored building the Phoenix-only portion of the proposed Study II corridor,
which would extend light rail on Camelback Road between 19th and 43rd avenues (
Attachment A). Study III concluded in March 2019 when Council voted to defer the
Camelback Road light rail project to the end of the T2050 program.

Phoenix BRT Status
The Phoenix BRT Program recently concluded its 2020 Council-directed analysis of
potential corridors in Phoenix (Attachment B). At their May 21, 2021 meeting, the
Citizens Transportation Commission unanimously recommended that City Council
approve the 35th Avenue/Van Buren option as the initial BRT corridor in Phoenix. The
same recommendation was approved unanimously at the Sept. 15, 2021
Transportation, Infrastructure and Planning Subcommittee meeting.

Next Steps
If this high-capacity study is approved, Valley Metro and the City of Phoenix will
complete the West Phoenix HCT Study by building upon the previous studies and
expanding the scope to further analyze how to better serve the West Phoenix Area (
Attachment C), bounded by 35th and 67th avenues and McDowell and Camelback
roads. Data from Valley Metro’s 2019 Origin and Destination Survey shows this area is
one of the top areas in the region where transit trips begin.




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Much of the area also qualifies as “Areas of Persistent Poverty” under federal
guidelines, with a poverty rate of at least 20 percent of the population. The FTA's Areas
of Persistent Poverty Program Grant is available to provide 90 percent of funds for
planning, engineering, and technical studies to improve transit services in such
identified communities.

Any work conducted for this West Phoenix HCT Study would be in close coordination
with the Phoenix BRT Program to ensure that the planning efforts are cohesive and the
preferred corridors identified for HCT will integrate into the overall transit plan to
improve connections to West Phoenix. This Study and associated community outreach
would analyze potential alternatives, looking both to identify the most productive
corridors and HCT modes for West Phoenix.

Phoenix and Valley Metro staff would follow the outline below for the West Phoenix
HCT Study’s scope:
· Provide project management from both Valley Metro and City of Phoenix staff;
· Prioritize and further develop community and stakeholder relationships;
· Identify existing and future conditions;
· Define purpose and needs;
· Analyze potential corridors for HCT;
· Develop and propose preferred networks;
· Define preferred alternatives for light rail corridors;
· Develop an implementation strategy; and
· Prepare results for City Council adoption of a HCT corridor.

Financial Impact
It is anticipated that the duration of this study effort would take 18-24 months. The total
estimated cost of the study is approximately $950K. Phoenix has applied for FTA's
Areas of Persistent Poverty Program Grant to fund up to 90 percent of the study cost.
Matching grant funds are available through regional (Prop. 400) funds.

Concurrence/Previous Council Action
The Citizens Transportation Commission recommended approval of this item on Aug.
26, 2021, by a vote of 14-0.
The Transportation, Infrastructure and Planning subcommittee recommended approval
of this item on Oct. 20, 2021 by a vote of 4-0.

Location
West Phoenix HCT would expand transit access in the greater Maryvale Area of West
Phoenix, with a primary study area of roughly Central Avenue to 91st Avenues and


Page 84

McDowell Road to Camelback Roads.
Council Districts: 4, 5 and 7

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




Page 85
Attachment A
Study III: West Phoenix Light Rail Extension Study (2017-19)




Page 86
Attachment B
Phoenix BRT: Most Preferred Network Scenario




Page 87
Attachment C
West Phoenix Council Districts and Study Area




Page 88



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Item text
Capitol Extension Route Recommendation and Preconstruction Estimate
(Ordinance S-48076)

This report requests City Council approval to amend the current Locally Preferred
Alternative (LPA) for the 19th Avenue option of the Capitol Extension (CAPEX),
formerly known as the Capitol/I-10 West Extension Phase I project (Attachment A),
and requests an ordinance authorizing the City Manager, or his designee, to enter into
an agreement with Valley Metro Rail for the Capitol Extension Light Rail Project to fund
the completion of pre-construction activities for the extension. This report also requests
the City Controller disburse funds not to exceed $45.3 million for these pre-
construction activities. See Attachment B for additional details and cost breakdown.

Summary
In 2012, the Phoenix City Council approved the current LPA (Attachment C). Then in
2016, the Council and Valley Metro Rail Board of Directors approved a phased
approach to the project:
· Phase I - connect downtown Phoenix to the State Capitol Complex; and
· Phase II - extend the system farther west along I-10 to 79th Avenue.

In 2019, the Phoenix City Council requested additional public input on both phases.
Public input was sought in three key areas:
· Identify a preferred CAPEX option;
· Explore a potential extension to Desert Sky Transit Center; and
· Review all options for high-capacity, high-frequency transit types for the I-10 West
Extension (10WEST).

Technical Analysis Summary
Opportunities to refine the CAPEX project emerged due to robust downtown
development and the previous evolution of the South Central Extension/Downtown
Hub (SCE/DH) project. Accordingly, the route between downtown Phoenix and the
State Capitol Complex along Jefferson Street has been reevaluated, with input on all
potential alternatives solicited from the public and local stakeholders.

Based on Valley Metro’s technical analysis, the use of Washington Street (as opposed
to the double-track on Jefferson Street as identified in the previous LPA) was given


Page 89

further consideration recognizing the volume of residential and employment land uses
in proximity to Washington Street, as well as the opportunity to provide an improved
connection to the State Capitol Complex and to the 10WEST extension.

During the CAPEX reassessment process, Valley Metro identified and evaluated five
potential alignments:
· 2012 LPA Route - Double-track on Jefferson Street, west of 8th Avenue;
· Concept A - Double-track on Washington Street, west of 8th Avenue;
· Concept B - 15th Avenue loop;
· Concept C - Separate 18th or 19th Avenue loop options (Attachment D); and
· Washington Street - Double-track on Washington Street, west of 3rd Avenue (this
option was removed due to design challenges that could have negative impacts to
the downtown core).

The technical analysis revealed that Concept C would outperform the other options
given the benefits of the 18th/19th Avenue Loop, including:
· More service to residential and employment centers;
· Maximizes potential ridership and access for current and future users;
· Higher operational efficiencies and better preparation for a 10WEST connection;
· Lower impacts to historic and government properties;
· Mitigates impacts to bus operations and other vehicular traffic; and
· Greater opportunity to implement Council-approved Complete Streets concepts and
multimodal transportation elements along Washington and Jefferson streets.

Concurrent with the technical evaluation, the project team pursued an extensive public
engagement effort that included:
· Attending meetings with community groups;
· Attending meetings with key stakeholders and businesses along the corridor,
including state government representatives; and
· Conducting and participating in public meetings and community events.

Valley Metro and the City of Phoenix will need to amend the funding agreement when
the project is ready to advance to the construction phase.

Financial Impact
The City of Phoenix will fund an amount not to exceed $45.3 million for pre-
construction activities. Funds are available in the Public Transit Department's Capital
Improvement Program.




Page 90

Concurrence/Previous Council Action
The Citizens Transportation Commission recommended approval of this item on Aug.
26, 2021, by a vote of 13-2.

The Transportation, Infrastructure and Planning Subcommittee recommend approval of
this item on Oct. 20, 2021, by a vote of 4-0.

Public Outreach
In January 2020, Valley Metro held three public meetings (two in English and one in
Spanish) to present the four CAPEX options. A majority of respondents expressed
support for the 18th/19th Avenue Loop option (Concept C), with approximately 54
percent of the 183 surveys favoring the option. The results of these meetings were
used to refine the meeting materials for the next series of public meetings.

Due to the COVID-19 pandemic, outreach shifted to utilizing online platforms from May
27 to June 30, 2020. Throughout the process, members of the public had the ability to
submit questions and comments to be evaluated by and responded to by project staff,
and all meeting information was presented in English and Spanish. Additionally, four
live (call-in) meetings were conducted (two in English and two in Spanish) on June 16
and 20, 2020. In total, 356 people participated via either the online public meeting or
live call-in sessions, as well as 183 individuals responding to a survey.

Given the advantages of Concept C compared to the other options, and the results of
the January 2020 public meetings, the May/June 2020 online public meeting presented
Concept C as the “leading alternative.” Staff asked participants to document whether
they felt “positive,” “neutral,” or “negative” toward the option. Out of the 183 responses
received from the May/June online survey, 67 percent of respondents expressed
feeling positive about Concept C as the leading alternative, with 19 percent neutral and
14 percent negative.

State Stakeholder Coordination
In October 2020, the Arizona Department of Public Safety (DPS) sent a letter to the
Phoenix City Council expressing concerns with the 18th Avenue option, resulting in a
delay of the LPA approval process. Since November 2020, the project team has held
multiple meetings with representatives from the State of Arizona, including DPS, the
Arizona Department of Administration, Arizona Governor’s Office, and staff from the
State Senate and House of Representatives to further examine the 18th Avenue
segment of Concept C. As a result of these discussions and after further evaluation,
Concept C was amended to remove 18th Avenue from consideration. Consequently,
the project team conducted preliminary analysis and conceptual designs to refine and
recommend 19th Avenue as the preferred north/south location of the loop portion of


Page 91

the LPA. Additional engagement, including public notification and stakeholder
meetings, are underway to convey this change to the public.

Location
Capitol Extension will extend light rail from downtown Phoenix west to the State
Capitol Complex.
Council District: 7

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




Page 92
Attachment A
Recommended Alignment “19th Avenue Option”




Page 93
Attachment B
Estimated Design and Pre-construction Activities Budget

Activity Estimated Budget Notes
Preliminary engineering including 15% and
Preliminary Engineering (PE) $5,400,000 30% designs, and community outreach during
the PE and EA phases.
Environmental Assessment (EA) $1,800,000 N/A
Includes design up to 100% with community
Final Design $23,300,000
outreach during this phase.
Constructability, third party utility design and
Pre-Construction $10,600,000
real estate support
Contingency at 10% of PE, EA, Final Design
Contingency $4,200,000
and Pre-construction total.
TOTAL $45,300,000




Page 94
Attachment C
2012 Locally Preferred Alternative




Page 95
Attachment D
Previously Recommended Route (2020) “Concept C”




Page 96



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Item text
Purchase of Polaris Ranger Utility Vehicles (Ordinance S-48082)

Request to authorize the City Manager, or his designee, to enter into a contract with
C&W Motors, Inc., dba RideNow Powersports Chandler for the purchase of Polaris
Ranger utility vehicles. Further request to authorize the City Controller to disburse all
funds related to this item. This item will have an aggregate amount of $366,830.

Summary
The Public Works Department is seeking to enter into a contract with C&W Motors for
the purchase of Polaris Ranger utility vehicles for various City departments including
the Police, Fire, Water Services and Aviation departments. These vehicles are used for
transport of staff or equipment in off road environments or where quick mobility is
required, such as navigating through crowds during large events.

Procurement Information
Invitation for Bid 22-FSD-025 was conducted in accordance with Administrative
Regulation 3.10. The Public Works Department notified 89 vendors in regards to the
solicitation, and received one bid from C&W Motors. The bid was evaluated based on
responsiveness, responsibility, as well as bid price, with the below bid being
recommended for award based on the purchase price of two Polaris Rangers:

C&W Motors: $27,790

Contract Term
The contract will begin on or about Jan. 1, 2022, with an initial one-year contract
period, and four contract option years to be exercised in increments of up to one year,
for a total contract term of five years.

Financial Impact
This item will have an estimated annual expenditure of $73,366, with a total aggregate
amount of $366,830 over the life of the contract.

Funding is available in various City departments' budgets.




Page 97

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




Page 98



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Item text
Intergovernmental Agreement with Flood Control District of Maricopa County for
51st Avenue and Dobbins Road Storm Drain Project (Ordinance S-48077)

Request authorization for the City Manager, or his designee, to enter into an
Intergovernmental Agreement with the Flood Control District of Maricopa County for
the 51st Avenue and Dobbins Road Storm Drain Project. The design phase will include
final design, rights-of-way acquisition, temporary construction easements, and utility
relocations. Further request to authorize the City Treasurer to accept, and the City
Controller to disburse, all funds related to this item. The estimated project cost for the
design phase is $3.5 million of which the City's cost share is estimated to be $1.75
million.

Summary
In late 2015, the Flood Control District of Maricopa County (FCDMC), in partnership
with the City of Phoenix, initiated a study to update the Laveen Area Drainage Master
Plan for the South Phoenix/Laveen area using new mapping and comprehensive flood
model software. The updated study used data gathered from heavy rains and flooding
that occurred in August and September of 2014. The study included analysis of
existing regional drainage improvements such as detention basins, channels, storm
drains and culverts, much of which had been constructed based on recommendations
from earlier versions of the regional drainage master plans. Construction efforts prior
to this study focused mainly on the downstream portion of the overall recommended
regional system to provide an outfall for future improvements closer to the foothills.
The study recommends additional regional drainage facilities extending further up into
the watershed area to address neighborhood flooding issues that became more
apparent during the 2014 storms.

The regional rainfall-runoff model now covers the entire study area. The new model
identifies sources of stormwater flows so mitigation alternatives can be developed.
Flood prone areas known as Areas of Mitigation Interest (AoMIs) were identified
through the updated study. A total of five potential mitigation alternatives were
developed and presented at two public meetings held in May of 2017, at which time,
comments were received from attendees. After further technical analysis of potential
mitigation alternatives, the following alternative component is proposed as one of the
recommended drainage master plans for the study area.


Page 99


Financial Impact
The estimated cost for this design phase is $3.5 million, which includes final design,
rights-of-way acquisition, temporary construction easements, and utility relocations.
The terms of the Intergovernmental Agreement between the City and the FCDMC will
jointly cost share for project development of the 51st Avenue and Dobbins Road Storm
Drain Project. The cost-share distribution between the City of Phoenix and FCDMC will
maintain an overall 50/50 cost share, which is the standard cost- share allocation for
projects funded by FCDMC. The City's contribution for the design phase of this project
will be up to $1.75 million dollars and is available in the City's five-year Capital
Improvement Program (CIP) budget.

The project is generally located along 51st Avenue, between Dobbins Road and
Sunrise Drive extending towards Olney Avenue the existing South Mountain Freeway
Drainage Basin.
Council Districts: 7 and 8

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Karen Peters,
and the Street Transportation and Public Works departments.




Page 100



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Item text
Salt River Project Construction License for 27th Avenue and Thomas Road:
Railroad Crossing Upgrade - ST85100198 (Ordinance S-48086)

Request to authorize the City Manager, or his designee, to enter into a Construction
License with Salt River Project for railroad crossing modifications in the area of 27th
Avenue and Thomas Road. Further request the City Council to authorize a change to
indemnification to authorize inclusion in the document pertaining to this transaction of
indemnification and assumption of liability provisions that are prohibited by Phoenix
City Code 42-18.

Summary
The purpose of this license is to allow the City to construct railroad crossing
modifications, including sidewalk, ramps and traffic signal upgrades that will include
irrigation under crossings as well as equipment that will run parallel with Salt River
Project irrigation facilities in the area of 27th Avenue and Thomas Road. This work is in
conjunction with City Project ST85100198 27th Avenue and Thomas Road: Railroad
Crossing Upgrade.

Contract Term
The term of the Construction License is one year, effective when the City begins
construction, expected to be late November 2021.

Financial Impact
There is no financial impact to the City of Phoenix for this license.

Location
27th Avenue and Thomas Road
Council Districts: 4 and 7

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




Page 101



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Item text
Support for Formation of Terrell Terrace Irrigation Water Delivery District
(Resolution 21973)

Request to adopt a resolution to support formation of the Terrell Terrace Irrigation
Water Delivery District through Maricopa County. The proposed Irrigation Water
Delivery District includes the single-family residential properties bounded by Pinchot
Avenue to the south, Curnow Drive to the north, 22nd Street to the west, and 24th
Street to the east. This action has no financial impact to the City of Phoenix.

Summary
Under the provisions of Arizona Revised Statutes (A.R.S.) Chapter 20, title 48,
Irrigation Water Delivery Districts, when the majority of the lot or parcel owners entitled
to or capable of receiving irrigation water from the same system want irrigation water
delivered to their lands, they may propose the organization of an Irrigation Water
Delivery District (IWDD). Maricopa County requires that applicants for an IWDD within
process of forming or re-establishing a district.

If approved by the City Council, landowning neighbors seeking an IWDD complete a
special taxation impact statement and submit this document to the Maricopa County
Board of Supervisors. The Board of Supervisors, along with Salt River Project (SRP),
will decide if a petition to organize an IWDD may be circulated. See Attachment A for
the Consent from SRP to the Board of Supervisors and map of the SRP delivery
system.

This request has been reviewed by the Street Transportation and Water Services
departments.

Financial Impact
This action has no financial impact to the City of Phoenix.

Public Outreach
On June 14, 2021, the City received a formal written request from City of Phoenix
resident Eileen Wells, representative for the Terrell Terrace neighborhood, to pursue


Page 102


Location
The proposed IWDD includes the single-family residential properties bounded by
Pinchot Avenue to the south, Curnow Drive to the north, 22nd Street to the west, and
24th Street to the east.
Council District: 4

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




Page 103
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ĂƵƚŚŽƌŝnjŝŶŐƚŚĞĨŽƌŵĂƚŝŽŶŽĨdĞƌƌĞůůdĞƌƌĂĐĞ/t͘

ŶĐůŽƐĞĚLJŽƵǁŝůůĨŝŶĚ^ĂůƚZŝǀĞƌWƌŽũĞĐƚƐĂƉƉƌŽǀĂůĂůŽŶŐǁŝƚŚŵĂƉƐŽĨƚŚĞƉƌŽƉŽƐĞĚĚŝƐƚƌŝĐƚ
ĂŶĚƚŚĞŚŽŵĞŽǁŶĞƌůŝƐƚ͘/ǁŝůůďĞƚŚĞƌĞƉƌĞƐĞŶƚĂƚŝǀĞĨŽƌƚŚĞƉƌŽƉŽƐĞĚ/t͘KŶĐĞǁĞ
ƌĞĐĞŝǀĞĂƉƉƌŽǀĂůĨƌŽŵƚŚĞŝƚLJŽĨWŚŽĞŶŝdž͕ĂŶ/ŵƉĂĐƚ^ƚĂƚĞŵĞŶƚƚŽĨŽƌŵǁŝůůďĞƐĞŶƚƚŽƚŚĞ
DĂƌŝĐŽƉĂŽƵŶƚLJŽĂƌĚŽĨ^ƵƉĞƌǀŝƐŽƌƐƚŽŵŽǀĞƚŚĞƉƌŽĐĞƐƐĨŽƌǁĂƌĚ͘tĞĂƉƉƌĞĐŝĂƚĞLJŽƵƌ
ĂƚƚĞŶƚŝŽŶƚŽƚŚŝƐƌĞƋƵĞƐƚ͘&ŽƌƋƵĞƐƚŝŽŶƐƉůĞĂƐĞĐŽŶƚĂĐƚŵĞĂƚƚŚĞŶƵŵďĞƌďĞůŽǁ͘

^ŝŶĐĞƌĞůLJ͕

ŝůĞĞŶtĞůůƐ
ϮϮϬϳĂƌůůƌ
WŚŽĞŶŝdž͕ϴϱϬϭϲ
tĞůůƐ͘ĞŝůĞĞŶΛLJĂŚŽŽ͘ĐŽŵ
ϰϴϬͲϮϬϱͲϭϲϲϬ




Page 106
y,//d

>'>^Z/Wd/KE


dŚĞEŽƌƚŚŚĂůĨŽĨƚŚĞ^ŽƵƚŚĞĂƐƚYƵĂƌƚĞƌŽĨƚŚĞ^ŽƵƚŚĞĂƐƚYƵĂƌƚĞƌŽĨ^ĞĐƚŝŽŶϮϳ͕dŽǁŶƐŚŝƉϮEŽƌƚŚ͕
ZĂŶŐĞϯĂƐƚ͕ŽĨƚŚĞ'ŝůĂĂŶĚ^ĂůƚZŝǀĞƌĂƐĞĂŶĚDĞƌŝĚŝĂŶ͕DĂƌŝĐŽƉĂŽƵŶƚLJ͕ƌŝnjŽŶĂ͖

yWdƚŚĞtĞƐƚϭϲϲ͘ϬϵĨĞĞƚŽĨƚŚĞ^ŽƵƚŚϯϯϬ͘ϮϯĨĞĞƚŽĨƚŚĞEŽƌƚŚŚĂůĨŽĨƚŚĞ^ŽƵƚŚĞĂƐƚYƵĂƌƚĞƌŽĨƚŚĞ
^ŽƵƚŚĞĂƐƚYƵĂƌƚĞƌŽĨƐĂŝĚ^ĞĐƚŝŽŶϮϳ͖

E

yWdƚŚĞĂƐƚϰϵϴ͘ϯϬĨĞĞƚŽĨƚŚĞ^ŽƵƚŚϯϯϬ͘ϮϳĨĞĞƚŽĨƚŚĞEŽƌƚŚŚĂůĨŽĨƚŚĞ^ŽƵƚŚĞĂƐƚYƵĂƌƚĞƌŽĨƚŚĞ
^ŽƵƚŚĞĂƐƚYƵĂƌƚĞƌŽĨƐĂŝĚ^ĞĐƚŝŽŶϮϳ͘




Page 107
11923022 11923033 11923050
Terrell Terrace IWDD
11918110J
11923032 11923051
11918110E
11923031 11923052 11918110G
11918110K

11923030 11923053 11915001
11918042 11918037 11918043 11918036 11918044 11918035 11918045 11918034 11918046 11918033
11918048 11918031
11918040 11918039 11918041 11918038
11918047 11918032

11918114B 11918117
E Cheery Lynn Rd
11923029A 11923054
N 23rd St 11918108 11918107 11918115 11918109 11918112
11923028A 11923055
11923027 11923026 11923025 11923024 11923023




11918114H 11918114G
E Curnow Dr
11918056 11918055 11918054 11918053 11918052 11918051 11918050

11917023B

11924023 11924024 11916043
11917008 11918049

11917002 11917003 11917004 11917005 11917006 11917007
11917001 11918057
11917017 11917019 11917021 11917022 11917020 11916042 11916039
11917023A 11916040

E Earll Dr
11924021 11924026 N 22nd St
N 21st Pl 11924020 11924027 60
11917028 11917030
11916045A
11917009 11917011A 11917012 11917013 11917014 11917015 11917025 11917026
11917016A 11917024B 11917024A 11917027 11917029
11924019 11924028
11917055A
N 24th St 11916030
11916047B
11924018 11924029 11917047
11924006 11924005 11924004 11924003 11924002 11924001



11917055B
Page 108
11924017 11917050D 11916029
11924030 11916058
11917033A
8 11917055C
11917056B 11917048 11917034 11917054D
40 0 11924031 11916028
92 11924016 11917056A
11 00 11924032
92 11917054H
4 0 3 11917055E 11917050E 11917045A 11916027 11916057
11 01 03 11917033B
92 24
4 1 11 9
11 01 E Pinchot Ave
92 4 2
N 24th Pl
11 01
92 11917100 11917119 11916085
4 3 11917058 11917093 11917088 11917083 11917120
11 01 11917101 11917118 11917121 11917135
92 4 11917059 11917092 11917087 11917082 11917031
14 11917102 11917117 11917134
11 0 Legend 11916075
11917060 11917091 11917086 11917081 11916086
24 11917103 11917116
11916105A
11 15 11917061 11917090 11917085 11917080 11917122
G 9 A Streets
ra 40 11917104 11917115 11917062 11917089 11917084 11917079
11917123 11917132
nd 11916103A
C 19 11917105 11917114 11917063 11917078 11917124 11917131
sr 1 2 11917099A
Tax Parcels
11917106 11917113 11917064 11917077
11917130 11917201A 11916102
11917107 11917112 11917066
11917067 11917038C Terrell Terrace IWDD
11917069 11917126 11917129
11917071 11916088
11917108 11917111 11917127 11917128
11917073 11916101A
11917109 11917110 11917065 11917074
11917076 City of Phoenix 9
11924041U 1 608
11917202 11917040A 11917046B 11917035 11916134 119 11916090




0 100 200 400 600 800
Date: 5/1/2021
Feet

WƌŽƉŽƐĞĚdĞƌƌĞůůƚĞƌƌĂĐĞ/t
ϱͬϯͬϮϬϮϭ


dŽƚĂů dŽƚĂů
dŽƚĂů džĞŵƉƚ dŽƚĂů ƐƐĞƐƐĞĚ džĞŵƉƚ EĞƚ
džĞŵƉƚ džĞŵƉƚ /ŵƉƌŽǀĞŵĞŶƚ ƐƐĞƐƐĞĚ ƐƐĞƐƐĞĚ EĞƚ sĂůƵĞ ƐƐĞƐƐĞĚ ƐƐĞƐƐĞĚ dŽƚĂů
ŽƵŶƚWĂƌĐĞůEŽ dĂdžzĞĂƌ KǁŶĞƌEĂŵĞ /ŶĂƌĞKĨ DĂŝůŝŶŐĚĚƌĞƐƐ ŝƚLJ^ƚĂƚĞŝƉ ^ŝƚƵƐĚĚƌĞƐƐ ^ŝƚƵƐŝƚLJŝƉ ^ƚĂƚƵƐ dLJƉĞ >ĂŶĚ&s &s dŽƚĂů&s &s &s &s dŽƚĂů>Ws ;>WsͿ sĂůƵĞ sĂůƵĞ;>WsͿ ĐƌĞĂŐĞ
ϭ ϭϭϵͲϭϳͲϬϬϮ ϮϬϮϭ ϮϮϬϴZ>>>> ϮϲϰϬZ>>Z W,KE/yϴϱϬϭϲ ϮϮϬϴZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϰϴ͕ϰϬϬ Ψϭϵϯ͕ϲϬϬ ΨϮϰϮ͕ϬϬϬ ΨϮϰ͕ϮϬϬ ΨϬ ΨϮϰ͕ϮϬϬ ΨϭϮϮ͕ϳϰϰ ΨϭϮ͕Ϯϳϰ ΨϬ ΨϭϮ͕Ϯϳϰ Ϭ͘Ϯϰϱ
Ϯ ϭϭϵͲϭϳͲϬϮϳ ϮϬϮϭ ϮϯϭϵZ>>>> ϲϵϵϬϲd,^dhE/dϭϬϮϯ ^Kdd^>ϴϱϮϱϭ ϮϯϭϵZ>>Z͕ W,KE/yϴϱϬϭϲ ΨϱϬ͕ϰϬϬ ΨϮϬϭ͕ϴϬϬ ΨϮϱϮ͕ϮϬϬ ΨϮϱ͕ϮϮϬ ΨϬ ΨϮϱ͕ϮϮϬ Ψϭϲϲ͕ϬϬϱ Ψϭϲ͕ϲϬϭ ΨϬ Ψϭϲ͕ϲϬϭ Ϭ͘ϭϴϴ
ϯ ϭϭϵͲϭϳͲϬϱϲ ϮϬϮϭ K^&ZDd^E^/DKE>> ϮϮϮϰW/E,Kds W,KE/yϴϱϬϭϲ ϮϮϮϰW/E,Kds͕ W,KE/yϴϱϬϭϲ ΨϲϬ͕ϳϬϬ ΨϮϰϮ͕ϴϬϬ ΨϯϬϯ͕ϱϬϬ ΨϯϬ͕ϯϱϬ ΨϬ ΨϯϬ͕ϯϱϬ Ψϭϱϵ͕ϰϮϱ Ψϭϱ͕ϵϰϯ ΨϬ Ψϭϱ͕ϵϰϯ Ϭ͘ϰϲϴ
ϯ ϭϭϵͲϭϳͲϬϱϲ ϮϬϮϭ K^&ZDd^E^/DKE>> ϮϮϮϰW/E,Kds W,KE/yϴϱϬϭϲ ϮϮϮϮW/E,Kds͕ W,KE/yϴϱϬϭϲ Ψϭϭϲ͕ϯϬϬ Ψϰϲϱ͕ϯϬϬ Ψϱϴϭ͕ϲϬϬ Ψϱϴ͕ϭϲϬ ΨϬ Ψϱϴ͕ϭϲϬ Ψϭϳϲ͕ϴϳϭ Ψϭϳ͕ϲϴϳ ΨϬ Ψϭϳ͕ϲϴϳ Ϭ͘ϲϳϲ
ϰ ϭϭϵͲϭϳͲϬϬϴ ϮϬϮϭ ddZE/',KZ,KK^>> Ϯϲϭ^,ZZ/Z '/>ZdϴϱϮϵϲ ϮϮϰϰZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϱϳ͕ϳϬϬ ΨϮϯϬ͕ϵϬϬ ΨϮϴϴ͕ϲϬϬ ΨϮϴ͕ϴϲϬ ΨϬ ΨϮϴ͕ϴϲϬ Ψϭϱϳ͕ϭϬϱ Ψϭϱ͕ϳϭϭ ΨϬ Ψϭϱ͕ϳϭϭ Ϭ͘Ϯϰϰ
ϱ ϭϭϵͲϭϳͲϬϬϳ ϮϬϮϭ KZ'Z^KEDdd,t ϮϮϯϴZ>>Z W,KE/yϴϱϬϭϲ ϮϮϯϴZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϳϯ͕ϯϬϬ ΨϮϵϯ͕ϱϬϬ Ψϯϲϲ͕ϴϬϬ Ψϯϲ͕ϲϴϬ ΨϬ Ψϯϲ͕ϲϴϬ ΨϮϯϱ͕ϭϮϯ ΨϮϯ͕ϱϭϮ ΨϬ ΨϮϯ͕ϱϭϮ Ϭ͘Ϯϯϴ
ϲ ϭϭϵͲϭϳͲϬϮϮ ϮϬϮϭ KZKE:EE/&ZͬE ϮϯϮϲZ>>Z W,KE/yϴϱϬϭϲ ϮϯϮϲZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϰϳ͕ϬϬϬ Ψϭϴϴ͕ϯϬϬ ΨϮϯϱ͕ϯϬϬ ΨϮϯ͕ϱϯϬ ΨϬ ΨϮϯ͕ϱϯϬ ΨϳϬ͕ϴϰϴ Ψϳ͕Ϭϴϱ ΨϬ Ψϳ͕Ϭϴϱ Ϭ͘ϯϰϮ
ϳ ϭϭϵͲϭϳͲϬϭϲ ϮϬϮϭ h'Zz: ϮϮϰϯZ>>Z W,KE/yϴϱϬϭϲϬϬϬϬ ϮϮϰϯZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϰϰ͕ϳϬϬ Ψϭϳϵ͕ϬϬϬ ΨϮϮϯ͕ϳϬϬ ΨϮϮ͕ϯϳϬ ΨϬ ΨϮϮ͕ϯϳϬ Ψϭϭϭ͕ϭϯϮ Ψϭϭ͕ϭϭϯ ΨϬ Ψϭϭ͕ϭϭϯ Ϭ͘Ϯϰϯ
ϴ ϭϭϵͲϭϳͲϬϬϱ ϮϬϮϭ ,E:hzW ϲϴ,KKsZs W,KE/yϴϱϬϬϰ ϮϮϮϲZ>>Z͕ W,KE/yϴϱϬϭϲ ΨϱϮ͕ϰϬϬ ΨϮϬϵ͕ϲϬϬ ΨϮϲϮ͕ϬϬϬ ΨϮϲ͕ϮϬϬ ΨϬ ΨϮϲ͕ϮϬϬ ΨϭϮϳ͕Ϭϳϱ ΨϭϮ͕ϳϬϴ ΨϬ ΨϭϮ͕ϳϬϴ Ϭ͘Ϯϰϭ
ϴ ϭϭϵͲϭϳͲϬϭϯ ϮϬϮϭ ,E:hzW ϮϮϮϱ'Z>>Z W,KE/yϴϱϬϭϲ ϮϮϮϱZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϰϯ͕ϮϬϬ Ψϭϳϯ͕ϭϬϬ ΨϮϭϲ͕ϯϬϬ ΨϮϭ͕ϲϯϬ ΨϬ ΨϮϭ͕ϲϯϬ ΨϭϬϲ͕ϬϮϱ ΨϭϬ͕ϲϬϯ ΨϬ ΨϭϬ͕ϲϬϯ Ϭ͘Ϯϰϯ
ϵ ϭϭϵͲϭϳͲϬϭϰ ϮϬϮϭ KK<D/,>>ͬE/K>ZE ϮϮϯϭZ>>Z W,KE/yϴϱϬϭϲ ϮϮϯϭZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϰϳ͕ϳϬϬ ΨϭϵϬ͕ϴϬϬ ΨϮϯϴ͕ϱϬϬ ΨϮϯ͕ϴϱϬ ΨϬ ΨϮϯ͕ϴϱϬ Ψϭϰϵ͕ϱϳϴ Ψϭϰ͕ϵϱϴ ΨϬ Ψϭϰ͕ϵϱϴ Ϭ͘Ϯϰϱ
ϭϬ ϭϭϵͲϭϳͲϬϮϰ ϮϬϮϭ ZKE/EKh'>^:zͬt,>Z>DDZ/ ϮϮϰϵZ>>Z W,KE/yϴϱϬϭϲ ϮϮϰϵZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϱϲ͕ϰϬϬ ΨϮϮϱ͕ϳϬϬ ΨϮϴϮ͕ϭϬϬ ΨϮϴ͕ϮϭϬ ΨϬ ΨϮϴ͕ϮϭϬ Ψϭϱϭ͕ϵϵϱ Ψϭϱ͕ϮϬϬ ΨϬ Ψϭϱ͕ϮϬϬ Ϭ͘ϭϵϯ
ϭϭ ϭϭϵͲϭϳͲϬϭϮ ϮϬϮϭ /W/dZKZsK>dZh^d /W/dZKKZ/dZ ϮϮϭϵZ>>Z W,KE/yϴϱϬϭϲ ϮϮϭϵZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϳϴ͕ϱϬϬ Ψϯϭϰ͕ϬϬϬ ΨϯϵϮ͕ϱϬϬ Ψϯϵ͕ϮϱϬ ΨϬ Ψϯϵ͕ϮϱϬ ΨϮϱϵ͕ϴϲϬ ΨϮϱ͕ϵϴϲ ΨϬ ΨϮϱ͕ϵϴϲ Ϭ͘ϯϲϱ
ϭϮ ϭϭϵͲϭϳͲϬϬϰ ϮϬϮϭ 'KE>^ZhEDͬEEddD ϮϮϮϮZ>>Z W,KE/yϴϱϬϭϲ ϮϮϮϮZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϱϰ͕ϬϬϬ ΨϮϭϲ͕ϬϬϬ ΨϮϳϬ͕ϬϬϬ ΨϮϳ͕ϬϬϬ ΨϬ ΨϮϳ͕ϬϬϬ Ψϭϯϳ͕ϭϯϲ Ψϭϯ͕ϳϭϰ ΨϬ Ψϭϯ͕ϳϭϰ Ϭ͘Ϯϰϯ
ϭϯ ϭϭϵͲϭϳͲϬϬϲ ϮϬϮϭ ,ZEE:K^ͬZK^D ϯϭϭϵEϮϭ^dW> W,KE/yϴϱϬϭϲϳϴϬϰ ϮϮϯϮZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϰϰ͕ϮϬϬ Ψϭϳϳ͕ϭϬϬ ΨϮϮϭ͕ϯϬϬ ΨϮϮ͕ϭϯϬ ΨϬ ΨϮϮ͕ϭϯϬ ΨϭϯϬ͕ϭϴϭ Ψϭϯ͕Ϭϭϴ ΨϬ Ψϭϯ͕Ϭϭϴ Ϭ͘Ϯϰϯ
ϭϰ ϭϭϵͲϭϳͲϬϭϱ ϮϬϮϭ ,hZd:K^W,'ͬD/EZs^ ϮϮϯϳZ>>Z W,KE/yϴϱϬϭϲϳϴϬϯ ϮϮϯϳZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϱϯ͕ϲϬϬ ΨϮϭϰ͕ϱϬϬ ΨϮϲϴ͕ϭϬϬ ΨϮϲ͕ϴϭϬ ΨϬ ΨϮϲ͕ϴϭϬ Ψϭϳϵ͕ϲϳϳ Ψϭϳ͕ϵϲϴ ΨϬ Ψϭϳ͕ϵϲϴ Ϭ͘ϮϰϬ
ϭϱ ϭϭϵͲϭϳͲϬϭϳ ϮϬϮϭ ,h',^Z/EΘ>sEZ ϮϯϬϮZ>>Z W,KE/yϴϱϬϭϳ ϮϯϬϮZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϱϳ͕ϯϬϬ ΨϮϮϵ͕ϰϬϬ ΨϮϴϲ͕ϳϬϬ ΨϮϴ͕ϲϳϬ ΨϬ ΨϮϴ͕ϲϳϬ Ψϭϳϴ͕ϵϯϴ Ψϭϳ͕ϴϵϰ ΨϬ Ψϭϳ͕ϴϵϰ Ϭ͘Ϯϲϱ
ϭϲ ϭϭϵͲϭϳͲϬϭϭ ϮϬϮϭ <EEd,t>>^E/>E>t>>^ZsdZh^d ϮϮϬϳZ>>Z W,KE/yϴϱϬϭϲ ϮϮϬϳZ>>Z͕ W,KE/yϴϱϬϭϲ ΨϲϬ͕ϭϬϬ ΨϮϰϬ͕ϲϬϬ ΨϯϬϬ͕ϳϬϬ ΨϯϬ͕ϬϳϬ ΨϬ ΨϯϬ͕ϬϳϬ Ψϭϱϯ͕ϮϯϮ Ψϭϱ͕ϯϮϯ ΨϬ Ψϭϱ͕ϯϮϯ Ϭ͘ϯϲϬ
ϭϳ ϭϭϵͲϭϳͲϬϬϵ ϮϬϮϭ <>/D/^DZ/KE ϮϮϬϭZ>>Z W,KE/yϴϱϬϭϲ ϮϮϬϭZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϱϱ͕ϰϬϬ ΨϮϮϭ͕ϲϬϬ ΨϮϳϳ͕ϬϬϬ ΨϮϳ͕ϳϬϬ ΨϬ ΨϮϳ͕ϳϬϬ Ψϭϰϰ͕ϰϭϭ Ψϭϰ͕ϰϰϭ ΨϬ Ψϭϰ͕ϰϰϭ Ϭ͘ϮϰϬ
ϭϴ ϭϭϵͲϭϳͲϬϮϴ ϮϬϮϭ DZdd,DEEZsK>dZh^d ϮϯϯϳZ>>Z W,KE/yϴϱϬϭϲ ϮϯϯϳZ>>Z͕ W,KE/yϴϱϬϭϲ ΨϲϬ͕ϭϬϬ ΨϮϰϬ͕ϰϬϬ ΨϯϬϬ͕ϱϬϬ ΨϯϬ͕ϬϱϬ ΨϬ ΨϯϬ͕ϬϱϬ Ψϵϭ͕ϰϮϳ Ψϵ͕ϭϰϯ Ψϰ͕ϭϭϳ Ψϱ͕ϬϮϲ Ϭ͘ϯϰϰ
ϭϵ ϭϭϵͲϭϳͲϬϮϱ ϮϬϮϭ KDWK:h^dͬ^/>sZ/KDZK ϮϯϬϳZ>>Z W,KE/yϴϱϬϭϲ ϮϯϬϳZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϲϭ͕ϯϬϬ ΨϮϰϱ͕ϯϬϬ ΨϯϬϲ͕ϲϬϬ ΨϯϬ͕ϲϲϬ ΨϬ ΨϯϬ͕ϲϲϬ ΨϭϳϬ͕ϳϮϱ Ψϭϳ͕Ϭϳϯ ΨϬ Ψϭϳ͕Ϭϳϯ Ϭ͘Ϯϰϰ
ϮϬ ϭϭϵͲϭϳͲϬϮϭ ϮϬϮϭ WZZzZDKE ϮϯϮϮZ>>Z W,KE/yϴϱϬϭϲ ϮϯϮϮZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϰϴ͕ϬϬϬ ΨϭϵϮ͕ϯϬϬ ΨϮϰϬ͕ϯϬϬ ΨϮϰ͕ϬϯϬ ΨϬ ΨϮϰ͕ϬϯϬ ΨϭϮϬ͕ϰϮϬ ΨϭϮ͕ϬϰϮ ΨϬ ΨϭϮ͕ϬϰϮ Ϭ͘ϯϭϲ
Ϯϭ ϭϭϵͲϭϳͲϬϯϰ ϮϬϮϭ W>:W/E,Kd,K>/E'^>> ϲϱϭtdKEdKZ ,E>ZϴϱϮϰϴ ϮϯϬϮW/E,Kds͕ W,KE/yϴϱϬϭϲ ΨϰϬϲ͕ϬϬϬ Ψϭ͕ϵϭϱ͕ϲϬϬ ΨϮ͕ϯϮϭ͕ϲϬϬ ΨϮϯϮ͕ϭϲϬ ΨϬ ΨϮϯϮ͕ϭϲϬ ΨϳϬϴ͕ϳϳϭ ΨϳϬ͕ϴϳϳ ΨϬ ΨϳϬ͕ϴϳϳ ϭ͘ϭϰϱ
Ϯϭ ϭϭϵͲϭϳͲϬϰϴ ϮϬϮϭ W>:W/E,Kd,K>/E'^>> ϲϱϭtdKEdKZ ,E>ZϴϱϮϰϴ ϮϮϰϮW/E,Kds͕ W,KE/yϴϱϬϭϲ ΨϰϬϲ͕ϬϬϬ Ψϭ͕ϱϲϵ͕ϰϬϬ Ψϭ͕ϵϳϱ͕ϰϬϬ Ψϭϵϳ͕ϱϰϬ ΨϬ Ψϭϵϳ͕ϱϰϬ ΨϲϬϰ͕ϳϱϲ ΨϲϬ͕ϰϳϲ ΨϬ ΨϲϬ͕ϰϳϲ ϭ͘ϭϰϱ
Ϯϭ ϭϭϵͲϭϳͲϬϱϬ ϮϬϮϭ W>:W/E,Kd,K>/E'^>> ϲϱϭtdKEdKZ ,E>ZϴϱϮϰϴ ϮϮϯϮW/E,Kds͕ W,KE/yϴϱϬϭϲ ΨϯϰϬ͕ϭϬϬ Ψϭ͕ϱϴϵ͕ϰϬϬ Ψϭ͕ϵϮϵ͕ϱϬϬ ΨϭϵϮ͕ϵϱϬ ΨϬ ΨϭϵϮ͕ϵϱϬ Ψϱϲϲ͕ϲϭϯ Ψϱϲ͕ϲϲϭ ΨϬ Ψϱϲ͕ϲϲϭ Ϭ͘ϵϱϵ
Ϯϭ ϭϭϵͲϭϳͲϬϱϬ ϮϬϮϭ W>:W/E,Kd,K>/E'^>> ϲϱϭtdKEdKZ ,E>ZϴϱϮϰϴ ϮϮϯϬW/E,Kds͕ W,KE/yϴϱϬϭϲ Ψϭϭϲ͕ϰϬϬ ΨϬ Ψϭϭϲ͕ϰϬϬ Ψϭϭ͕ϲϰϬ ΨϬ Ψϭϭ͕ϲϰϬ ΨϯϮ͕ϵϮϲ Ψϯ͕Ϯϵϯ ΨϬ Ψϯ͕Ϯϵϯ Ϭ͘ϯϮϴ
ϮϮ ϭϭϵͲϭϳͲϬϮϲ ϮϬϮϭ Yh/EdE/>>ZKZdͬ'Z/E/d ϮϯϭϯZ>>Z W,KE/yϴϱϬϭϲ ϮϯϭϯZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϰϲ͕ϬϬϬ Ψϭϴϰ͕ϮϬϬ ΨϮϯϬ͕ϮϬϬ ΨϮϯ͕ϬϮϬ ΨϬ ΨϮϯ͕ϬϮϬ Ψϭϭϯ͕ϯϬϬ Ψϭϭ͕ϯϯϬ ΨϬ Ψϭϭ͕ϯϯϬ Ϭ͘ϮϮϳ
Ϯϯ ϭϭϵͲϭϳͲϬϬϯ ϮϬϮϭ ZD/Z:s/ZW ϮϮϭϰZ>>Z W,KE/yϴϱϬϭϲϳϴϬϰ ϮϮϭϰZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϱϰ͕ϱϬϬ ΨϮϭϴ͕ϭϬϬ ΨϮϳϮ͕ϲϬϬ ΨϮϳ͕ϮϲϬ ΨϬ ΨϮϳ͕ϮϲϬ ΨϭϱϬ͕ϰϰϳ Ψϭϱ͕Ϭϰϱ ΨϬ Ψϭϱ͕Ϭϰϱ Ϭ͘ϮϰϬ
Ϯϰ ϭϭϵͲϭϳͲϬϮϰ ϮϬϮϭ ZKDZK^EdK^Z ϲϰϱϬEϳϳZ '>E>ϴϱϯϬϯ ϮϯϬϭZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϰϱ͕ϳϬϬ ΨϭϴϮ͕ϵϬϬ ΨϮϮϴ͕ϲϬϬ ΨϮϮ͕ϴϲϬ ΨϬ ΨϮϮ͕ϴϲϬ ΨϭϮϭ͕ϲϱϳ ΨϭϮ͕ϭϲϲ ΨϬ ΨϭϮ͕ϭϲϲ Ϭ͘Ϯϰϴ
Ϯϱ ϭϭϵͲϭϳͲϬϮϬ ϮϬϮϭ ^WZ<Z>KEZ: W͘K͘Kyϱϰϭϴ W,KE/yϴϱϬϳϴ ϯϬϰϮEϮϰd,^d͕ W,KE/yϴϱϬϭϲ Ψϯϭϭ͕ϰϬϬ Ψϱϵ͕ϰϬϬ ΨϯϳϬ͕ϴϬϬ Ψϲϲ͕ϳϰϰ ΨϬ Ψϲϲ͕ϳϰϰ Ψϯϭϲ͕ϳϮϲ Ψϱϳ͕Ϭϭϭ ΨϬ Ψϱϳ͕Ϭϭϭ Ϭ͘ϯϴϭ
Page 109
Ϯϱ ϭϭϵͲϭϳͲϬϮϯ ϮϬϮϭ ^WZ<Z>KEZ: W͘K͘Kyϱϰϭϴ W,KE/yϴϱϬϳϴ ϯϬϰϴEϮϰd,^d͕ W,KE/yϴϱϬϭϲ ΨϵϮ͕ϰϬϬ Ψϲϴ͕ϳϬϬ Ψϭϲϭ͕ϭϬϬ ΨϮϴ͕ϵϵϴ ΨϬ ΨϮϴ͕ϵϵϴ ΨϭϯϬ͕ϳϭϵ ΨϮϯ͕ϱϮϵ ΨϬ ΨϮϯ͕ϱϮϵ Ϭ͘ϭϬϮ
Ϯϲ ϭϭϵͲϭϳͲϬϮϵ ϮϬϮϭ ^dZdKEE< ϮϯϰϯZ>>Z W,KE/yϴϱϬϭϲ ϮϯϰϯZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϱϵ͕ϴϬϬ ΨϮϯϵ͕ϯϬϬ ΨϮϵϵ͕ϭϬϬ ΨϮϵ͕ϵϭϬ ΨϬ ΨϮϵ͕ϵϭϬ Ψϵϯ͕ϱϯϳ Ψϵ͕ϯϱϰ ΨϬ Ψϵ͕ϯϱϰ Ϭ͘ϭϴϰ
Ϯϳ ϭϭϵͲϭϳͲϬϭϵ ϮϬϮϭ dZs/^:K,E:///ͬ^>>/ddK^Z ϮϯϭϰZ>>Z W,KE/yϴϱϬϭϲ ϮϯϭϰZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϱϳ͕ϴϬϬ ΨϮϯϭ͕ϯϬϬ ΨϮϴϵ͕ϭϬϬ ΨϮϴ͕ϵϭϬ ΨϬ ΨϮϴ͕ϵϭϬ Ψϭϵϯ͕ϯϰϴ Ψϭϵ͕ϯϯϱ ΨϬ Ψϭϵ͕ϯϯϱ Ϭ͘Ϯϰϱ
ϭϭϵͲϭϳͲϬϮϯ ϮϬϮϭ hDKDEtzEdZ^/E ϯϯϯϯsEhZE^d W,KE/yϴϱϬϬϴ ϮϯϰϰZ>>Z͕ W,KE/yϴϱϬϭϲ  ϰ ΨϮϰϵ͕ϮϬϬ ΨϮϴϰ͕ϭϬϬ Ψϱϯϯ͕ϯϬϬ Ψϳϵ͕ϵϵϱ Ψϳϵ͕ϵϵϱ ΨϬ ΨϰϮϳ͕ϯϯϱ Ψϲϰ͕ϭϬϬ Ψϲϰ͕ϭϬϬ ΨϬ Ϭ͘ϯϱϮ
Ϯϴ ϭϭϵͲϭϳͲϬϬϭ ϮϬϮϭ s>>Z^ZK^>s ϮϮϬϮZ>>Z W,KE/yϴϱϬϭϲ ϮϮϬϮZ>>Z͕ W,KE/yϴϱϬϭϲ Ψϲϰ͕ϬϬϬ ΨϮϱϲ͕ϯϬϬ ΨϯϮϬ͕ϯϬϬ ΨϯϮ͕ϬϯϬ ΨϬ ΨϯϮ͕ϬϯϬ Ψϭϳϭ͕ϵϲϯ Ψϭϳ͕ϭϵϲ ΨϬ Ψϭϳ͕ϭϵϲ Ϭ͘ϮϰϬ
Ϯϵ ϭϭϵͲϭϳͲϬϭϴ ϮϬϮϭ tKKDEZ<ͬZzEd,Zz ϮϯϬϴZ>>Z W,KE/yϴϱϬϭϲ ϮϯϬϴZ>>Z͕ W,KE/yϴϱϬϭϲ ΨϳϬ͕ϱϬϬ ΨϮϴϮ͕ϬϬϬ ΨϯϱϮ͕ϱϬϬ Ψϯϱ͕ϮϱϬ ΨϬ Ψϯϱ͕ϮϱϬ ΨϮϬϯ͕ϲϵϯ ΨϮϬ͕ϯϲϵ ΨϬ ΨϮϬ͕ϯϲϵ Ϭ͘ϮϮϮ
ϯϬ ϭϭϵͲϭϳͲϬϯϬ ϮϬϮϭ z:K,EDͬ,KE'zKtdZ ϮϳϭϮEϮϬd,Z W,KE/yϴϱϬϬϵ ϯϬϯϬEϮϰd,^d͕ W,KE/yϴϱϬϭϲ ΨϮϬϲ͕ϬϬϬ Ψϭϯϱ͕ϲϬϬ Ψϯϰϭ͕ϲϬϬ Ψϲϭ͕ϰϴϴ ΨϬ Ψϲϭ͕ϰϴϴ ΨϮϯϯ͕ϴϲϭ ΨϰϮ͕Ϭϵϱ ΨϬ ΨϰϮ͕Ϭϵϱ Ϭ͘Ϯϰϯ

hŶŝƋƵĞƉƌŽƉĞƌƚLJŽǁŶĞƌ Ψϯ͕ϳϵϲ͕ϱϬϬ ΨϭϮ͕ϯϬϭ͕ϵϬϬ Ψϭϲ͕Ϭϵϴ͕ϰϬϬ Ψϭ͕ϳϬϲ͕ϯϴϱ Ψϳϵ͕ϵϵϱ Ψϭ͕ϲϮϲ͕ϯϵϬ Ψϳ͕ϯϲϵ͕ϱϴϱ ΨϴϭϮ͕ϴϯϰ Ψϲϴ͕Ϯϭϳ Ψϳϰϰ͕ϲϭϳ ϭϮ͘ϲϴϳ
džĞŵƉƚƉƌŽƉĞƌƚLJ
ǀĞƌĂŐĞƉƌŽƉĞƌƚLJƐŝnjĞ Ϭ͘ϯϰϯ



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Item text
Inspection and Repair of Hoist and Crane, American Inspection and Test, Inc. -
Amendment (Ordinance S-48081)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 150346 with American Inspection and Test, Inc., to provide additional
funding to the contract. Further request to authorize the City Controller to disburse all
funds related to this item. The additional expenditures will not exceed $83,800.

Summary
Request additional payment authority of $83,800 for Agreement 150346. American
Inspection and Test, Inc. is responsible for performing inspection and repairs of various
sized overhead hoists and cranes for Water Services, Aviation, Public Works, and the
Convention Center departments.

This amendment will add funding for repairs at multiple lift stations that were not
included in the original payment ordinance. The additional funds will cover fiscal years
2021-22 through 2024-25.

Financial Impact
The initial agreement for Inspection and Repair of Hoist and Crane was authorized for
a fee not-to-exceed $325,000. This amendment will increase the agreement by an
additional $83,800, for a new total not-to-exceed agreement value of $408,800.

Funding for this amendment is available in the Water Services Department's Operating
budget.

Concurrence/Previous Council Action
The City Council approved Inspection and Repair of Hoist and Crane Agreement
150346 (Ordinance S-45797) on June 19, 2019.

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




Page 110



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Item text
Anchor Point Inspection Testing and Repair Services Agreement - Request for
Award (Ordinance S-48084)

Request to authorize the City Manager, or his designee, to enter into an agreement
with PK Industries LLC to provide Anchor Point Inspection Testing and Repair Services
for the purpose of conducting load-testing, inspections and repairs of the sockets and
surrounding matrix used for safety hoisting and tie-down. Further request to authorize
for the City Controller to disburse all funds related to this item. The total value of the
agreement will not exceed $1 million.

Summary
The purpose of the agreement is to conduct anchor point load-testing inspections and
repair of the sockets and surrounding matrix located throughout Water Services
Department buildings. All parts, control systems and safety requirements must be
inspected annually to ensure they are in safe operating condition, in accordance with
Occupational Safety and Health Administration (OSHA) requirements. OSHA
mandates that acceptable anchor points be in safe operating condition with the
capability of supporting 5,000 pounds of force per person tied to the device.

Procurement Information
The recommendation was made using an Invitation for Bid procurement process in
accordance with City of Phoenix Administrative Regulation 3.10.

Four vendors submitted bids and are listed below. Three bids were found to be
responsive and responsible.

Selected Bidder
PK Industries LLC: $118,225

Other Bidders
Safeguard US, Inc.: $39,574
ASR Crane: $130,130
Gravitec Systems: $281,298




Page 111

Contract Term
The agreement will be for a five-year aggregate term beginning on Dec. 1, 2021.

Financial Impact
The agreement value for PK Industries LLC will not exceed a total aggregate value of
$1 million.

Funding is available in the Water Services Department Operating and Capital
Improvement Program budgets.

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




Page 112



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Item text
Final Plat - Broadstone Uptown - PLAT 210009 - Camelback Road East of 7th
Avenue

Plat: 210009
Project: 19-304
Name of Plat: Broadstone Uptown
Owner(s): CRP/AR Uptown Phx Owner, LLC
Engineer(s): David S. Klein, RLS
Request: A 1 Lot Commercial Plat
Reviewed by Staff: Oct. 4, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at Camelback Road east of 7th Avenue.
Council District: 4

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




Page 113



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Final Plat - Larkey Subdivision - PLAT 210037 - East of 23rd Avenue and North of
South Mountain Avenue

Plat: 210037
Project: 20-3374
Name of Plat: Larkey Subdivision
Owner(s): Cheryl B. Larkey Trust
Engineer(s): Michael A. Banta, RLS
Request: A 33 Lot Residential Plat
Reviewed by Staff: Oct. 4, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located approximately 660 feet east of 23rd Avenue, north of South
Mountain Avenue.
Council District: 8

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




Page 114



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Item text
Map of Dedication - 59th & Baseline, LLC - MOD 210002 - Southeast Corner of
59th Avenue and Baseline Road

Map of Dedication: 210002
Project: 18-189
Name of MOD: 210002
Owner(s): 59th and Baseline, LLC
Engineer(s): Alliance Land Surveying
Request: Map of Dedication
Reviewed by Staff: Oct. 4, 2021
Final Map of Dedication requires Formal Action Only

Summary
Staff requests that the above map of dedication be approved by the City Council and
certified by the City Clerk. Recording of the map of dedication dedicates the streets
and easements as shown to the public.

Location
Generally located at the southeast corner of 59th Avenue and Baseline Road.
Council District: 8

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




Page 115



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Amend City Code - Ordinance Adoption - Rezoning Application Z-37-21-4 -
Approximately 207 Feet North of the Northeast Corner of 17th Avenue and Colter
Street (Ordinance G-6911)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-3 (Multifamily Residence District) to WU Code T4:2 SL (Walkable Urban Code,
Transect 4:2, Transit Solano Character Area) to allow multifamily residential.

Summary
Current Zoning: R-3
Proposed Zoning: WU Code T4:2 SL
Acreage: 0.50 acres
Proposed Use: Multifamily residential

Applicant: Ryker I, LLC/Scott Evans
Owner: Ryker I, LLC/Scott Evans
Representative: Withey Morris, PLC/William F. Allison

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Alhambra Village Planning Committee heard this case on Sept. 28,
2021 and recommended approval, per the staff recommendation, by a vote of 11-0.
PC Action: The Planning Commission heard this case on Oct. 7, 2021 and
recommended approval, per the Alhambra Village Planning Committee
recommendation, with additional stipulations, by a vote of 9-0.

Location
Approximately 207 feet north of the northeast corner of 17th Avenue and Colter Street
Council District: 4
Parcel Address: 5223 N. 17th Ave.

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



Page 116
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(Z-37-21-4) FROM R-3 (MULTIFAMILY RESIDENCE DISTRICT)
TO WU CODE T4:2 SL (WALKABLE URBAN CODE, TRANSECT
4:3, TRANSIT SOLANO CHARACTER AREA).

____________


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

follows:

SECTION 1. The zoning of a 0.50-acre site located approximately 207 feet

north of the northeast corner of 17th Avenue and Colter Street, in a portion of Section

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

hereby changed from “R-3” (Multifamily Residence District) to “WU Code T4:2 SL”

(Walkable Urban Code, Transect 4:3, Transit Solano 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 117
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. Prior to the issuance of a Certificate of Occupancy for any units beyond seven,
the developer shall detach the public sidewalk in compliance with Chapter
1312(E)(1)(c) of the Phoenix Zoning Ordinance and provide a minimum 75
percent shade, as approved by the Planning and Development Department.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with the
creation of a comfortable pedestrian environment. If the site plan is modified in
accordance with Stipulation No. 4, the conditions of this stipulation shall be
superseded by the provisions of the Walkable Urban Code.

2. Prior to the issuance of a Certificate of Occupancy for any units beyond seven,
the developer shall provide secure bicycle parking for residents at a rate of
0.25 spaces per unit and Inverted-U style racks for 4 bicycles per the
installation requirements of Chapter 13 of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. If the site plan is
modified in accordance with Stipulation No. 4, the conditions of this stipulation
shall be superseded by the provisions of the Walkable Urban Code.

3. Prior to the issuance of a Certificate of Occupancy for any units beyond seven,
all on-site pedestrian pathways and required amenity areas shall be shaded to
a minimum 50 percent through vegetative methods, as approved by the
Planning and Development Department. If the site plan is modified in
accordance with Stipulation No. 4, the conditions of this stipulation shall be
superseded by the provisions of the Walkable Urban Code.

4. A conceptual site plan and elevations shall be administratively approved by the
Planning Hearing Officer prior to preliminary site plan approval with specific
regard to the inclusion of the below elements for any expansion or modification
to the buildings on the site exceeding 10 percent from the site plan date
stamped June 11, 2021. This review is for conceptual purposes only. Specific
development standards and requirements will be determined by the Planning
and Development Department.

a. Shaded and detached sidewalks.

b. Frontage types oriented to 17th Avenue.

c. Maximum building setbacks of 15 feet along 17th Avenue.

d. Minimum building setbacks of 15 feet along the east property line.

5. 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


Page 118
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.

6. 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.

7 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 3rd day of November,

2021.



________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


Page 119
_________________________
Jeff Barton, City Manager


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




Page 120
EXHIBIT A

LEGAL DESCRIPTION FOR Z-37-21-4

Located in the Northeast Quarter of the Southwest Quarter of Section 18, Township 2
North, Range 3 East, Gila and Salt River Meridian, Maricopa County, Arizona.

Being a portion of Lot 5 & 6, Block 2 as shown on the Final Plat of Nile Tract, recorded
in Book 14, Page 9, Maricopa County Records;

Commencing at the Southwest corner of said Northeast Quarter, from which the
Southeast corner of said Northeast Quarter bears North 90°00’00” East;

Thence North 00°43'34" West, along the West line of said Northeast Quarter, a distance
of 224.94 feet to the Point of Beginning;

Thence continuing along said West line, North 00°43'34" West, a distance of 120.00
feet to a line which is coincident with the North line of the South half of said Lot 5 and 6;

Thence departing said West line, North 89°59'58" East, along said coincident line and
said North line a distance of 181.10 feet to the West line of the Final Plat for Colter
Close, recorded in Book 525, Page 9, Maricopa County Records;

Thence departing said North line, South 00°43'34" East, along last said West line, a
distance of 120.00 feet to the North line of that certain parcel of land as described in
Special Warranty Deed document number 2019- 0811644, Maricopa County Records;

Thence departing said West line, South 89°59'58" West, along last said North line, a
distance of 181.10 feet to the Point of Beginning.

Containing 21,730.25 square feet or 0.50 acres, more or less.




Page 121
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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-46-21-4 -
Approximately 240 Feet West of the Southwest Corner of 7th Street and Palm
Lane (Ordinance G-6910)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-O (Commercial Office) and P-1 (Parking District) to WU Code T4:3 MT (Walkable
Urban Code, Transect 4:3, Transit Midtown Character Area) to allow single-family
detached residences.

Summary
Current Zoning: C-O (Commercial Office) (0.71 acres) and P-1 (Parking District) (0.32
acres)
Proposed Zoning: WU Code T4:3 MT (Walkable Urban Code, Transect 4:3, Transit
Midtown Character Area)
Acreage: 1.03 acres
Proposed Use: Single-family detached residences.

Owner: Goldwater Institute
Applicant: David Kitnick, Rosewood Homes, LLC
Representative: George Pasquel, III, Withey Morris, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on Oct. 4, 2021
and recommended approval, per the staff recommendation with direction by a vote of
11-0.
PC Action: The Planning Commission heard this case on Oct. 7, 2021 and
recommended approval, per the Encanto Village Planning Committee recommendation
with an additional stipulation by a vote of 9-0.

Location
Approximately 240 feet west of the southwest corner of 7th Street and Palm Lane
Council District: 4
Parcel Address: No address



Page 123

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




Page 124
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(Z-46-21-4) FROM C-O (COMMERCIAL OFFICE) AND P-1
(PARKING DISTRICT) TO WU CODE T4:3 MT (WALKABLE
URBAN CODE, TRANSECT 4:3, TRANSIT MIDTOWN
CHARACTER AREA).

____________


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

follows:

SECTION 1. The zoning of a 1.03 acre site located approximately 240 feet

west of the southwest corner of 7th Street and Palm Lane, in a portion of Section 32,

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

hereby changed from 0.71-acres of “C-O” (Commercial Office) and 0.32-acres of “P-1”

(Parking District) to WU Code T4:3 MT (Walkable Urban Code, Transect 4:3, 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 125
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The mature California Fan Palms shall be preserved within the Palm Lane
right-of-way, as approved or modified by the Planning and Development
Department Landscape Architect. This stipulation shall not preclude the
relocation of mature California Fan Palms within the right-of-way.

2. The developer shall pave the alley per the local street standards from western
project boundary to 7th Street, as approved by the Planning and Development
Department.

3. 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.

4. 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.

5. The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.

6. The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.

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. 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


Page 126
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 3rd day of November,

2021.



________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeff Barton, City Manager


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




Page 127
EXHIBIT A

LEGAL DESCRIPTION FOR Z-46-21-4

LOT 1 OF “GOLDWATER INSTITUTE” AS RECORDED IN BOOK 516 OF MAPS,
PAGE 35 IN THE RECORDS OF MARICOPA COUNTY, COUNTY OF MARICOPA,
STATE OF ARIZONA ALSO BEING IN SECTION 32, TOWNSHIP 2 NORTH, RANGE 3
EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA




Page 128
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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-36-21-6 -
Approximately 565 Feet South of the Southeast and Southwest Corners of 13th
Place and Colter Street (Ordinance G-6909)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-2 SP (Intermediate Commercial District, Special Permit) to R-3 (Multifamily
Residence District) to allow multifamily residential.

Summary
Current Zoning: C-2 SP (Intermediate Commercial District, Special Permit)
Proposed Zoning: R-3 (Multifamily Residence District)
Acreage: 0.27 acres
Proposal: Multifamily residential

Owner: Koppinger, Kantak, and Parks
Applicant: Bernard Jantak III and Elizabeth Y. Koppinger
Representative: William F. Allison, Withey Morris, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on
Sept. 7, 2021 and recommended approval, per the staff recommendation, by a vote of
13-0.
PC Action: The Planning Commission heard this case on Oct. 7, 2021 and
recommended approval, per the Camelback East Village Planning Committee
recommendation with an additional stipulation, by a vote of 9-0.

Location
Approximately 565 feet south of the southeast and southwest corners of 13th Place
and Colter Street
Council District: 6
Parcel Address: 5122 and 5125 N. 13th Place

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

Page 130
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-36-21-6) FROM C-2 SP (INTERMEDIATE COMMERCIAL
DISTRICT, SPECIAL PERMIT) TO R-3 (MULTIFAMILY
RESIDENCE DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 0.27 acre site located approximately 565 feet

south of the southeast and southwest corners of 13th Place and Colter Street in a

portion of Section 16, Township 2 North, Range 3 East, as described more specifically

in Exhibit “A”, is hereby changed from “C-2 SP” (Intermediate Commercial District,

Special Permit) to “R-3” (Multifamily Residence District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,




Page 131
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 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.

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.


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 3rd day of November,

2021.



________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney



Page 132
By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeff Barton, City Manager

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




Page 133
EXHIBIT A

LEGAL DESCRIPTION FOR Z-36-21-6

A PORTION OF SECTION 16, TOWNSHIP 2N, RANGE 3E.

TRACT A OF THE FINAL PLAT OF ABC NISSAN EXPANSION, RECORDED AS
INSTRUMENT NO. 2005-0223440 IN THE OFFICIAL RECORDS OF MARICOPA
COUNTY, ARIZONA, BOOK 731, PAGE 3.

TRACT B OF FINAL PLAT OF ABC NISSAN EXPANSION, RECORDED AS
INSTRUMENT NO. 2005-0223440 IN THE OFFICIAL RECORDS OF MARICOPA
COUNTY, ARIZONA, BOOK 731, PAGE 3.




Page 134
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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-39-21-6 -
Approximately 180 Feet South of the Southeast Corner of 44th Street and
Clarendon Avenue (Ordinance G-6908)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-10 (Single-Family Residence District) to R-O (Residential Office - Restricted
Commercial District) to allow an office.

Summary
Current Zoning: R1-10 (Single-Family Residence District)
Proposed Zoning: R-O (Residential Office - Restricted Commercial District)
Acreage: 0.48 acres
Proposal: Office

Applicant: Brent Nardecchia, High Place Investments, LLC
Owner: High Place Investments, LLC
Representative: Rod Jarvis, Earl & Curley, P.C.

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on
Sept. 7, 2021 and recommended approval, per the staff recommendation, by a vote of
14-0.
PC Action: The Planning Commission heard this case on Oct. 7, 2021 and
recommended approval, per the Camelback East Village Planning Committee
recommendation with an additional stipulation, by a vote of 9-0.

Location
Approximately 180 feet south of the southeast corner of 44th Street and Clarendon
Avenue
Council District: 6
Parcel Address: 3609 N. 44th St.

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

Page 136
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-39-21-6) FROM R1-10 (SINGLE-FAMILY RESIDENCE
DISTRICT) TO R-O (RESIDENTIAL OFFICE – RESTRICTED
COMMERCIAL DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 0.48 acre site located approximately 180 feet

south of the southeast corner of 44th Street and Clarendon Avenue in a portion of

Section 30, Township 2 North, Range 4 East, as described more specifically in Exhibit

“A”, is hereby changed from “R1-10” (Single-Family Residence District) to “R-O”

(Residential Office – Restricted Commercial 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 137
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 June 14, 2021, as modified by the following stipulations and approved
by the Planning and Development Department.

2. The public sidewalk along 44th Street 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 by the Planning and Development Department.

a. Minimum 2-inch caliper shade trees that provide a minimum 75 percent
shade at maturity.

b. Drought tolerant vegetation maintained at a maximum mature height of 24
inches and achieve minimum 75 percent live coverage.

3. A minimum 20-foot landscape setback shall be required adjacent to 44th Street
and shall include large canopy shade trees 20 feet on center or in equivalent
groupings between the sidewalk and proposed site development, as approved
by the Planning and Development Department. Twenty-five percent of the trees
shall be minimum four-inch caliper and 75 percent of the trees shall be minimum
three-inch caliper. Five, five-gallon shrubs per tree, and additional shrubs or live
groundcover, shall provide minimum 75 percent live cover at mature size, as
approved by the Planning and Development Department.

4. A minimum 4-foot landscape setback shall be required along the eastern
property line. This setback shall be planted with minimum 8-foot-tall shrubs or
plants to provide a tall vegetative buffer from adjacent single-family residences
to the east, as approved by the Planning and Development Department.

5. All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking area and achieve 25 percent shade at maturity, as
approved by Planning and Development Department. Shade may be provided
with a combination of trees and structural shade.

6. There shall be no internally lit signs on the site. Signage shall be approved by
the Planning and Development Department.

7. A minimum of four 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
Master Plan.


Page 138
8. Clearly defined, accessible pedestrian pathways shall be provided to connect
building entrances and public sidewalks, using the most direct route for
pedestrians, as approved by the Planning and Development Department.

9. Where pedestrian pathways cross drive aisles, they shall be constructed of
decorative pavers, stamped or colored concrete, or other pavement treatments
that visually contrast with the adjacent parking and drive aisle surfaces, as
approved by the Planning and Development Department.

10. Trees shall be placed to provide 75 percent shade coverage on all pedestrian
paths and sidewalks at full maturity, as approved by the Planning and
Development Department. Shade structures may be used to meet the shade
requirement in places where trees are unable to be located.

11. The developer shall record a cross-access agreement for any shared access
drives along 44th Street.

12. The developer shall dedicate a 10-foot sidewalk easement and construct a
minimum 5-foot-wide sidewalk and landscape strip along 44th Street, as
approved by the Planning and Development Department.

13. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and
other incidentals, as per plans approved by the Planning and Development
Department. All improvements shall comply with the current ADA Guidelines.

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

15. Prior to 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.




Page 139
PASSED by the Council of the City of Phoenix this 3rd day of November,

2021.



________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeff Barton, City Manager

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




Page 140
EXHIBIT A

LEGAL DESCRIPTION FOR Z-39-21-6

TRACT ‘A’ OF RANCHO VENTURA PER MCR 60-37
3609 N. 44TH STREETT, PHOENIX, AZ 85018

SITUATED IN SECTION 30, T.2N., R.4E., OF THE G&S.R.B.&M.,
CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA




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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-15-21-7 -
Southeast Corner of 67th Avenue and Broadway Road (Ordinance G-6912)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
S-1 (Approved C-1) (Ranch or Farm Residence District, Approved Neighborhood
Retail District) and S-1 (Ranch or Farm Residence District) to C-2 (Intermediate
Commercial District) to allow commercial uses. This is a companion case to Z-SP-1-21
-7 and should be heard first, followed by Z-SP-1-21-7.

Summary
Current Zoning: S-1 (Approved C-1) (7.26 acres) and S-1 (0.37 acres)
Proposed Zoning: C-2
Acreage: 7.63 acres
Proposed Use: Commercial uses

Applicant: EAPC Architects Engineers, Michelle Bach
Owner: STORAGExperts at 6649 West Broadway, LLC
Representative: EAPC Architects Engineers, Michelle Bach

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee was scheduled to hear this case
on Sept. 21, 2021. No recommendation was made due to a lack of quorum.
PC Action: The Planning Commission heard this case on Oct. 7, 2021 and
recommended approval, per the staff recommendation with an additional stipulation,
by a vote of 9-0.

Location
Southeast corner of 67th Avenue and Broadway Road
Council District: 7
Parcel Address: 6649 W. Broadway Road

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


Page 143
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-15-21-7) FROM S-1 (APPROVED C-1) (RANCH OR
FARM RESIDENCE DISTRICT, APPROVED NEIGHBORHOOD
RETAIL DISTRICT) AND S-1 (RANCH OR FARM RESIDENCE
DISTRICT) TO C-2 (INTERMEDIATE COMMERCIAL DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 7.63-acre site located at the southeast

corner of 67th Avenue and Broadway Road in a portion of Section 30, Township 1

North, Range 2 East, as described more specifically in Exhibit “A”, is hereby changed

from 7.26 acres of “S-1 (Approved C-1)” (Ranch or Farm Residence District, Approved

Neighborhood Retail District) and 0.37-acres of “S-1” (Ranch or Farm Residence

District) to “C-2” (Intermediate Commercial 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”.




Page 144
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 July 26, 2021, except as noted in the stipulations, and approved by
the Planning and Development Department. Additionally, if the existing water
and sewer easement along 67th Avenue is not approved to be abandoned
through a separate process, the western portion of Building C, within the self-
storage portion of the site, must be modified to remove the building from the
easement.

2. Buildings A through C shall be in general conformance with the building
elevations date stamped July 26, 2021. Building elevations for Building Pads A
and B as depicted in the conceptual site plan dated July 26, 2021, shall be
developed to the following standards, as approved by the Planning and
Development Department:

a. Building elevations shall contain multiple colors, exterior accent
materials and textural changes that exhibit quality and durability such as
brick, stone, colored textured concrete or stucco, or other materials to
provide a decorative and aesthetic treatment.

b. Building elevations adjacent and oriented to public streets, shall contain
a minimum of 25 percent brick, masonry, stone or another exterior
accent material that exhibits quality and durability.

c. All building elevations shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation
in window size and location, and/or overhang canopies.

d. Pitched roofs, elements or facades shall be incorporated in all buildings.

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

4. A minimum 500-square foot landscaped accent area shall be provided at the
corner of 67th Avenue and Broadway Road. The landscaped accent area shall
provide a visually unique character with drought-tolerant plant materials
providing seasonal interest and 75 percent live cover, as approved by the
Planning and Development Department.



Page 145
5. Evergreen trees shall be planted within the landscape setbacks along the south
and east perimeter of the site, as approved by the Planning and Development
Department.

6. All perimeter walls visible from the streets shall include material and textural
differences, such as stucco and/or split face block with a decorative element,
such as tile or stamped designs, as approved by the Planning and
Development Department.

7. All uncovered surface parking lot areas 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 percent shade at
maturity, as approved by Planning and Development Department.

8. The following pedestrian shade standards shall be met as described below and
as approved or modified by the Planning and Development Department:

a. The bus stop along Broadway Road shall be shaded to a minimum of 50
percent;

b. Pedestrian walkways connecting the commercial buildings to adjacent
public sidewalks shall be shaded to a minimum of 75 percent using large
canopy drought tolerant shade trees at maturity and/or architectural
shade;

c. The multi-use trail (MUT) along 67th Avenue shall be shaded to a
minimum 50 percent by vegetative shade at maturity.

9. A system of pedestrian thoroughfares shall be provided, as described below
and as approved or modified by the Planning and Development Department:

a. Connections between the following via the most direct route:

(1) All building entrances.

(2) Adjacent public sidewalks.

(3) The bus stop along Broadway Road.

b. Where pedestrian walkways cross a vehicular path, the pathway shall
be constructed of decorative pavers, stamped or colored concrete, or
other pavement treatments that visually contrasts parking and drive aisle
surfaces. Vehicular crossings shall be kept to a minimum.

10. The development shall incorporate bicycle infrastructure, as described below
and as approved by the Planning and Development Department.




Page 146
a. A minimum of four bicycle parking spaces shall be provided through
Inverted U and/or artistic racks located near the main building entrances
of Building A, Pad A and Pad B as depicted in the conceptual site plan
dated July 26, 2021 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.

b. One bicycle repair station (“fix it station”) shall be provided and
maintained within close proximity to building Pad A, as depicted in the
conceptual site plan date stamped July 26, 2021. The bicycle repair
station (“fix it station”) shall be provided in an area of high visibility and
separated from vehicular maneuvering areas, where applicable. The
repair station shall include: standard repair tools affixed to the station; a
tire gauge and pump affixed to the base of the station or the ground; and
a bicycle repair stand which allows pedals and wheels to spin freely
while making adjustments to the bike.

11. The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE)
along the east side of 67th Avenue and construct a minimum 10-foot wide
multi-use trail (MUT) within the easement, in accordance with the MAG
supplemental detail indicated in Section 429 and as approved by the Planning
and Development Department.

12. The Public Transit Department requests dedication of right-of-way and
construction one bus bay with an attached bus stop pad along eastbound
Broadway Road east of 67th Avenue. The bus bay shall be constructed
according to City of Phoenix Standard Detail P1256. The attached bus stop
pad shall be constructed according to City of Phoenix Standard Detail P1261
with a minimum depth of 10 feet. The bus stop pad shall be spaced from the
intersection of 67th Avenue and Broadway Road according to City of Phoenix
Standard Detail P1258, as approved by the Planning and Development
Department.

13. All sidewalks along 67th Avenue and Broadway Road 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 and/or Maricopa County Department of
Transportation (MCDOT).

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

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



Page 147
c. The landscape palette and planting standards, unless otherwise
provided herein, shall conform with the Estrella Village Arterial Street
Landscaping Program requirements for arterial streets.

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

14. The developer shall dedicate 55 feet of right-of-way for the south side of
Broadway Road, as approved by the Planning and Development Department
and/or Maricopa County Department of Transportation (MCDOT).

15. The developer shall dedicate 55 feet of right-of-way for the east half of 67th
Avenue, as approved by the Planning and Development Department and/or
Maricopa County Department of Transportation (MCDOT).

16. The developer shall construct a 14-foot-wide landscaped median island along
67th Avenue, as approved by the Street Transportation Department and/or
Maricopa County Department of Transportation (MCDOT).

17. The developer shall submit a Traffic Impact Study, including a Traffic Signal
Warrant Analysis, to the City for this development. No preliminary approval of
plans shall be granted until the study is reviewed and approved by the City.
Contact the Street Transportation Department, to set up a meeting to discuss
the requirements of the study. Upon completion of the TIS the developer shall
submit the completed TIS to the Planning and Development Department
counter with instruction to forward the study to the Street Transportation
Department, Office of the City Engineer.

18. If the approved Traffic Impact Study with signal warrant analysis recommends
deferring signal installation to a future volume condition, provide conduit and
junction boxes at the southeast corner of 67th Avenue and Broadway Road.
The developer shall provide 25 percent of the cost of the future traffic signal in
an escrow account with the Street Transportation Department. Contact the
Street Transportation Department to set up an account. If the TIS recommends
the installation of the signal with this development, the developer shall install
the signal, at their expense.

19. All street improvements outside of the Phoenix City Limits shall be reviewed
and approved by Maricopa County. Provide documentation of county approval
prior to preliminary site plan submittal, as approved by the Planning and
Development Department.

20. A Red Border letter shall be processed for this development, as determined by
the Planning and Development Department.

21. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,


Page 148
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.

22. Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property within the development(s) the existence and
operational characteristics of a dairy farm (west) and roping/rodeo arena
(north). The form and content of such documents shall be reviewed and
approved by the City Attorney.

23. If determined necessary by the Phoenix Archeology 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 Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

24. If Phase I data testing is required, and if, upon review of the results from Phase
I data testing, the City Archeologist, in consultation with a qualified
archeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archeological data recovery excavations.

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

26. 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 3rd day of November,

2021.


________________________________
MAYOR

ATTEST:


Page 149
_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeff Barton, City Manager



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




Page 150
EXHIBIT A

LEGAL DESCRIPTION FOR Z-15-21-7


The Northwest Quarter of the Northwest Quarter of Section 30, Township 1 North,
Range 2 East of the G&SRB&M, except the South 30 feet of the East 100 feet and
except the East 30 feet of the North 270 feet of the South 300 feet for ditch purposes,
and except the North 40 feet and the West 33 feet for roads; and

The Northeast Quarter of the Northwest Quarter of Section 30, Township 1 North,
Range 2 East of the G&SRB&M, except the North 40 feet for roads;

EXCEPT any portion of Parcels 1 and 2 conveyed by Grantor to D. R. Horton, Inc. -
Dietz-Crane pursuant to Special Warranty Deed recorded as Instrument No. 2004-
1498119, Records of Maricopa County, Arizona.




Page 151
Page 152



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-SP-1-21-7 -
Southeast Corner of 67th Avenue and Broadway Road (Ordinance G-6913)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
from S-1 (Approved C-1) (Ranch or Farm Residence District, Approved Neighborhood
Retail District), Pending C-2 (Intermediate Commercial District) and S-1 (Ranch or
Farm Residence District), Pending C-2 (Intermediate Commercial District) to C-2 SP
(Intermediate Commercial, Special Permit District) to allow a self-service storage
warehouse and underlying commercial uses. This is a companion case to Z-15-21-7
and should be heard/ratified after Z-15-21-7.

Summary
Current Zoning: S-1 (Approved C-1) (Pending C-2) (7.26 acres) and S-1 (Pending C-2)
(0.37 acres)
Proposed Zoning: C-2 SP
Acreage: 7.63 acres
Proposed Use: Self-service storage warehouse and underlying commercial uses

Applicant: EAPC Architects Engineers, Michelle Bach
Owner: STORAGExperts at 6649 West Broadway, LLC
Representative: EAPC Architects Engineers, Michelle Bach

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee was scheduled to hear this case
on Sept. 21, 2021. No recommendation was made due to a lack of quorum.
PC Action: The Planning Commission heard this case on Oct. 7, 2021 and
recommended approval, per the staff recommendation with an additional stipulation,
by a vote of 9-0.

Location
Southeast corner of 67th Avenue and Broadway Road
Council District: 7
Parcel Address: 6649 W. Broadway Road



Page 153

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




Page 154
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-SP-21-7) FROM S-1, APPROVED C-1 (PENDING C-2)
(RANCH OR FARM RESIDENCE DISTRICT, APPROVED
NEIGHBORHOOD RETAIL DISTRICT, PENDING INTERMEDIATE
COMMERCIAL DISTRICT) AND S-1 (PENDING C-2) (RANCH OR
FARM RESIDENCE DISTRICT, PENDING INTERMEDIATE
COMMERCIAL DISTRICT) TO C-2 SP (INTERMEDIATE
COMMERCIAL DISTRICT, SPECIAL PERMIT).

____________



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

follows:

SECTION 1. The zoning of a 7.63-acre site located at the southeast

corner of 67th Avenue and Broadway Road in a portion of Section 30, Township 1

North, Range 2 East, as described more specifically in Exhibit “A”, is hereby changed

from 7.26 acres of “S-1, Approved C-1, Pending C-2” (Ranch or Farm Residence

District, Approved Neighborhood Retail District, Pending Intermediate Commercial

District) and 0.37-acres of “S-1, Pending C-2” (Ranch or Farm Residence District,

Pending Intermediate Commercial District) to “C-2 SP” (Intermediate Commercial




Page 155
district, Special Permit) to allow a self-service storage warehouse and underlying

commercial 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”.

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 July 26, 2021, except as noted in the stipulations, and approved by
the Planning and Development Department. Additionally, if the existing water
and sewer easement along 67th Avenue is not approved to be abandoned
through a separate process, the western portion of Building C, within the self-
storage portion of the site, must be modified to remove the building from the
easement.

2. Buildings A through C shall be in general conformance with the building
elevations date stamped July 26, 2021. Building elevations for Building Pads A
and B as depicted in the conceptual site plan date stamped July 26, 2021, shall
be developed to the following standards, as approved by the Planning and
Development Department:

a. Building elevations shall contain multiple colors, exterior accent
materials and textural changes that exhibit quality and durability such as
brick, stone, colored textured concrete or stucco, or other materials to
provide a decorative and aesthetic treatment.

b. Building elevations adjacent and oriented to public streets, shall contain
a minimum of 25 percent brick, masonry, stone or another exterior
accent material that exhibits quality and durability.

c. All building elevations shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation
in window size and location, and/or overhang canopies.

d. Pitched roofs, elements or facades shall be incorporated in all buildings.




Page 156
3. The development shall conform with the Estrella Village Arterial Street
Landscaping Program landscape palette and landscaping standards along
arterial streets in the Estrella Village, except as otherwise noted herein, as
approved by the Planning and Development Department.

4. A minimum 500-square foot landscaped accent area shall be provided at the
corner of 67th Avenue and Broadway Road. The landscaped accent area shall
provide a visually unique character with drought-tolerant plant materials
providing seasonal interest and 75 percent live cover, as approved by the
Planning and Development Department.

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

6. All perimeter walls visible from the streets shall include material and textural
differences, such as stucco and/or split face block with a decorative element,
such as tile or stamped designs, as approved by the Planning and
Development Department.

7. All uncovered surface parking lot areas 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 percent shade at
maturity, as approved by Planning and Development Department.

8. The following pedestrian shade standards shall be met as described below and
as approved or modified by the Planning and Development Department:

a. The bus stop along Broadway Road shall be shaded to a minimum of 50
percent;

b. Pedestrian walkways connecting the commercial buildings to adjacent
public sidewalks shall be shaded to a minimum of 75 percent using
large canopy drought tolerant shade trees at maturity and/or
architectural shade;

c. The multi-use trail (MUT) along 67th Avenue shall be shaded to a
minimum 50 percent by vegetative shade at maturity.

9. A system of pedestrian thoroughfares shall be provided, as described below
and as approved or modified by the Planning and Development Department:

a. Connections between the following via the most direct route:

(1) All building entrances.

(2) Adjacent public sidewalks.



Page 157
(3) The bus stop along Broadway Road.

b. Where pedestrian walkways cross a vehicular path, the pathway shall
be constructed of decorative pavers, stamped or colored concrete, or
other pavement treatments that visually contrasts parking and drive
aisle surfaces. Vehicular crossings shall be kept to a minimum.

10. The development shall incorporate bicycle infrastructure, as described below
and as approved by the Planning and Development Department.

a. A minimum of four bicycle parking spaces shall be provided through
Inverted U and/or artistic racks located near the main building entrances
of Building A, Pad A and Pad B as depicted in the conceptual site plan
dated July 26, 2021 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.

b. One bicycle repair station (“fix it station”) shall be provided and
maintained within close proximity to building Pad A, as depicted in the
conceptual site plan date stamped July 26, 2021. The bicycle repair
station (“fix it station”) shall be provided in an area of high visibility and
separated from vehicular maneuvering areas, where applicable. The
repair station shall include: standard repair tools affixed to the station; a
tire gauge and pump affixed to the base of the station or the ground;
and a bicycle repair stand which allows pedals and wheels to spin freely
while making adjustments to the bike.

11. The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE)
along the east side of 67th Avenue and construct a minimum 10-foot wide
multi-use trail (MUT) within the easement, in accordance with the MAG
supplemental detail indicated in Section 429 and as approved by the Planning
and Development Department.

12. The Public Transit Department requests dedication of right-of-way and
construction one bus bay with an attached bus stop pad along eastbound
Broadway Road east of 67th Avenue. The bus bay shall be constructed
according to City of Phoenix Standard Detail P1256. The attached bus stop
pad shall be constructed according to City of Phoenix Standard Detail P1261
with a minimum depth of 10 feet. The bus stop pad shall be spaced from the
intersection of 67th Avenue and Broadway Road according to City of Phoenix
Standard Detail P1258, as approved by the Planning and Development
Department.

13. All sidewalks along 67th Avenue and Broadway Road 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


Page 158
following standards, as approved and/or modified by the Planning and
Development Department and/or Maricopa County Department of
Transportation (MCDOT).

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

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

c. The landscape palette and planting standards, unless otherwise
provided herein, shall conform with the Estrella Village Arterial Street
Landscaping Program requirements for arterial streets.

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

14. The developer shall dedicate 55 feet of right-of-way for the south side of
Broadway Road, as approved by the Planning and Development Department
and/or Maricopa County Department of Transportation (MCDOT).

15. The developer shall dedicate 55 feet of right-of-way for the east half of 67th
Avenue, as approved by the Planning and Development Department and/or
Maricopa County Department of Transportation (MCDOT).

16. The developer shall construct a 14-foot-wide landscaped median island along
67th Avenue, as approved by the Street Transportation Department and/or
Maricopa County Department of Transportation (MCDOT).

17. The developer shall submit a Traffic Impact Study, including a Traffic Signal
Warrant Analysis, to the City for this development. No preliminary approval of
plans shall be granted until the study is reviewed and approved by the City.
Contact the Street Transportation Department, to set up a meeting to discuss
the requirements of the study. Upon completion of the TIS the developer shall
submit the completed TIS to the Planning and Development Department
counter with instruction to forward the study to the Street Transportation
Department, Office of the City Engineer.

18. If the approved Traffic Impact Study with signal warrant analysis recommends
deferring signal installation to a future volume condition, provide conduit and
junction boxes at the southeast corner of 67th Avenue and Broadway Road.
The developer shall provide 25 percent of the cost of the future traffic signal in
an escrow account with the Street Transportation Department. Contact the
Street Transportation Department to set up an account. If the TIS recommends
the installation of the signal with this development, the developer shall install
the signal, at their expense.



Page 159
19. All street improvements outside of the Phoenix City Limits shall be reviewed
and approved by Maricopa County. Provide documentation of county approval
prior to preliminary site plan submittal, as approved by the Planning and
Development Department.

20. A Red Border letter shall be processed for this development, as determined by
the Planning and Development Department.

21. 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.

22. Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property within the development(s) the existence and
operational characteristics of a dairy farm (west) and roping/rodeo arena
(north). The form and content of such documents shall be reviewed and
approved by the City Attorney.

23. If determined necessary by the Phoenix Archeology 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 Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

24. If Phase I data testing is required, and if, upon review of the results from Phase
I data testing, the City Archeologist, in consultation with a qualified
archeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archeological data recovery excavations.

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

26. 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.


Page 160
PASSED by the Council of the City of Phoenix this 3rd day of November,

2021.


________________________________
MAYOR

ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeff Barton, City Manager


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




Page 161
EXHIBIT A

LEGAL DESCRIPTION FOR Z-SP-1-21-7


The Northwest Quarter of the Northwest Quarter of Section 30, Township 1 North,
Range 2 East of the G&SRB&M, except the South 30 feet of the East 100 feet and
except the East 30 feet of the North 270 feet of the South 300 feet for ditch purposes,
and except the North 40 feet and the West 33 feet for roads; and

The Northeast Quarter of the Northwest Quarter of Section 30, Township 1 North,
Range 2 East of the G&SRB&M, except the North 40 feet for roads;

EXCEPT any portion of Parcels 1 and 2 conveyed by Grantor to D. R. Horton, Inc. -
Dietz-Crane pursuant to Special Warranty Deed recorded as Instrument No. 2004-
1498119, Records of Maricopa County, Arizona.




Page 162
Page 163



Report

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Item text
Public Hearing and Ordinance Adoption - Amend City Code - Rezoning
Application Z-41-21-7 - Approximately 615 Feet North of the Northwest Corner of
59th Avenue and Dobbins Road (Ordinance G-6915)

Request to hold a public hearing on a proposal to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-41-21-7 and rezone the site from S-1 (Approved C-2 or CP/GCP) (Ranch
or Farm Residence District, Approved Intermediate Commercial District or Commerce
Park District, General Commerce Park Option) to C-2 HGT/WVR DNS/WVR
(Intermediate Commercial District, Height Waiver, Density Waiver) to allow a
multifamily residential development with a height and density waiver.

Summary
Current Zoning: S-1 (Approved C-2 or CP/GCP) (Ranch or Farm Residence District,
Approved Intermediate Commercial District or Commerce Park District, General
Commerce Park Option)
Proposed Zoning: C-2 HGT/WVR DNS/WVR (Intermediate Commercial District, Height
Waiver, Density Waiver)
Acreage: 14.56 acres
Proposal: Multifamily residential development with a height and density waiver

Owner: The Williams Family Living 1996 Trust
Applicant: Anne Healy, P.B. Bell
Representative: Manjula M. Vaz, Gammage & Burnham, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Laveen Village Planning Committee heard this case on Sept. 13,
2021 and recommended denial, by a vote of 8-0.
PC Action: The Planning Commission heard this case on Oct. 7, 2021 and
recommended approval, per the staff recommendation with additional stipulations, by a
vote of 7-1.
The Planning Commission recommendation was appealed on Oct. 8, 2021.

Location
Approximately 615 feet north of the northwest corner of 59th Avenue and Dobbins


Page 164

Road
Council District: 7
Parcel Address: N/A

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




Page 165
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-41-21-7) FROM S-1 (APPROVED C-2 or CP/GCP)
(RANCH OR FARM RESIDENCE DISTRICT, APPROVED
INTERMEDIATE COMMERCIAL DISTRICT OR COMMERCE
PARK DISTRICT, GENERAL COMMERCE PARK OPTION) TO C-
2 HGT/WVR DNS/WVR (INTERMEDIATE COMMERCIAL
DISTRICT, HEIGHT WAIVER, DENSITY WAIVER).

____________



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

follows:

SECTION 1. The zoning of a 14.56-acre site located approximately 615

feet north of the northwest corner of 59th Avenue and Dobbins Road in a portion of

Section 6, Township 1 South, Range 2 East, as described more specifically in Exhibit

“A”, is hereby changed from “S-1 (Approved C-2 or CP/GCP)” (Ranch or Farm

Residence District, Approved Intermediate Commercial District or Commerce Park

District, General Commerce Park Option) to C-2 HGT/WVR DNS/WVR (Intermediate

Commercial District, Height Waiver, Density Waiver).




Page 166
SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,

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

Phoenix Zoning Ordinance:

1. The development shall be in general conformance with the site plan and
elevations date stamped August 30, 2021, as modified by the following
stipulations and approved by the Planning and Development Department.

2. The buildings along 59th Avenue, as depicted on the site plan date stamped
August 31, 2021, shall not exceed a maximum height of 2 stories and 30 feet.
Other buildings on the site shall not exceed a maximum height of 3 stories and 40
feet.

3. The developer shall construct a 10-foot-wide public Shared Use Path (SUP)
along 59th Avenue, which 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. The landscape area between the sidewalk and
back of curb shall be planted to the following standards, as approved by the
Planning and Development Department.

a. Minimum 2-inch caliper shade trees that provide a minimum 75 percent
shade at maturity.

b. Drought tolerant vegetation maintained at a maximum height of 24 inches
and achieve 75 percent live coverage.

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

4. A minimum landscape setback of 30 feet shall be required along 59th Avenue
and shall be planted with minimum 50 percent 3-inch caliper, 50 percent 4-inch
caliper large canopy drought-tolerant trees, 20 feet on center or in equivalent
groupings, and five 5-gallon shrubs per tree, and 75 percent live groundcover, as
approved by the Planning and Development Department. Where utility conflicts
exist, the developer shall work with the Planning and Development Department
on alternative design solutions consistent with a pedestrian environment.



Page 167
5. The required landscape setback along the interior property lines shall be planted
with minimum 2-inch caliper trees at 20 feet on center or in equivalent groupings,
and 75 percent live groundcover at maturity, as approved by the Planning and
Development Department.

6. The primary vehicular entrance to the development shall include the following
elements, as approved by the Planning and Development Department:

a. Pedestrian pathway connecting the interior of the development to the
public sidewalk and shall be constructed of bricks, pavers, or similar
material.

b. The pedestrian pathway shall be detached from the vehicular driveway
and lined with landscape areas on both sides of not less than 5 feet each.
The landscape area shall be planted with drought-tolerant plant materials
providing seasonal interest and 75 percent live cover.

c. A mix of ornamental trees (no less than 2-inch caliper), shrubs (no less
than five five-gallon shrubs per tree) and flower beds that will maintain a
constant bloom throughout the year and 75 percent live cover, shall be
provided along both sides of the entryway and within a landscaped median
of no less than 5 feet in width.

d. The driveway surface shall be constructed of decorative pavers, stamped
or colored concrete, or another material, other than those used to pave the
parking surfaces, as approved by the Planning and Development
Department.

7. Open view wrought iron fencing or a combination of maximum two feet of solid
masonry topped by wrought iron open view fencing shall be utilized along
pedestrian and vehicular entryway areas, as approved by the Planning and
Development Department.

8. Walls along the perimeter of the site shall include material and textural
differences, such as stucco and/or split face block with a decorative element,
such as tile or stamped designs, as approved by the Planning and Development
Department.

9. Decorative rail or similar fencing elements shall be provided along 59th Avenue,
as approved by the Planning and Development Department.

10. The development shall provide a minimum of 18 percent of open space. A
minimum of three district open space areas shall be provided as depicted on the
site plan date stamped August 30, 2021. Additionally, three benches or seating
features shall be provided throughout the development within shaded areas. One
of the benches or seating features shall be located within close proximity to the
primary entryway along 59th Avenue.



Page 168
11. A central amenity and open space area shall be provided within close proximity to
the primary vehicular entrance into the development, and include the following
amenities at a minimum, as approved by the Planning and Development
Department:

a. Swimming pool;

b. Clubhouse.

12. No more than 50 percent of the landscape areas within common areas or 10
percent of the net lot area, whichever is less, should be planted in turf or high-
water use plants. Turf areas should be located only in the common open space
areas, including retention basins, as approved by the Planning and Development
Department.

13. A system of pedestrian thoroughfares shall be provided at a minimum, as
described below and as approved or modified by the Planning and Development
Department:

a. Pathways shall be illuminated by pedestrian scale lighting per Section
1304(H)5.

b. 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 parking and drive aisle
surfaces. Vehicular crossings shall be kept to a minimum.

14. Active open space areas, with the exception of the pool, shall be shaded a
minimum of 75 percent using architectural shade and/or shade trees at full
maturity, as approved by the Planning and Development Department.

15. Pedestrian paths internal within the site and connecting the public sidewalk shall
be shaded to a minimum of 75 percent using architectural shade and/or shade
trees at full maturity, as approved by the Planning and Development Department.

16. All uncovered surface parking lot areas shall be landscaped with a minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking areas and achieve 25 percent shade at maturity, as
approved by Planning and Development Department.

17. The development shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.

a. Minimum of four bicycle parking spaces via inverted U-bicycle racks,
artistic style bicycle racks or “Outdoor/Covered Facilities” shall be located
near the vehicular entryway into the development or nearby amenity
areas. All bicycle racks shall adhere to Appendix K of the Comprehensive
Bicycle Master Plan.


Page 169
b. Secure bicycle parking for residents shall be provided at a minimum rate of
0.25 spaces per residential unit, with a maximum of 50 spaces, and shall
adhere to the standards in Section 1307.H of the Zoning Ordinance.

c. One bicycle repair station (“fix it station”) shall be provided and maintained
within close proximity to the primary vehicular entryway to the
development. The bicycle repair station (“fix it station”) shall be provided in
an area of high visibility and separated from vehicular maneuvering areas,
where applicable. The repair station shall include: standard repair tools
affixed to the station; a tire gauge and pump affixed to the base of the
station or the ground; and a bicycle repair stand which allows pedals and
wheels to spin freely while making adjustments to the bike.

18. The developer shall provide traffic calming measures at all vehicular points of
ingress and egress to slow vehicles departing the development and crossing the
public sidewalks, as approved by the Planning and Development Department.

19. The developer shall dedicate minimum 55 feet of right-of-way for the west half of
59th Avenue, as approved by the Planning and Development Department.

20. The developer shall construct and landscape a 14-foot-wide median island along
59th Avenue from Siesta Way to the northern edge of the development. A median
opening shall be provided at 59th Avenue and Siesta Way for full access while
the northern access shall be restricted to right-in/right-out only by the median
island, as depicted on the site plan date stamped August 30, 2021 and as
approved by the Street Transportation Department.

21. The developer shall construct a detached sidewalk and minimum 13-foot-wide
landscape area located between the back of curb and sidewalk as required by
the CM Cross Section along the west side of 59th Avenue, as approved by the
Planning and Development Department.

22. The developer shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City. The TIS shall include signal warrant analysis
for the intersections of 59th Avenue and Dobbins Road and 59th Avenue and
South Mountain Boulevard. The developer shall be responsible for any additional
dedications and construction and/or contribute funds in escrow for the traffic
signals, as required by the approved TIS.

23. Existing irrigation facilities along any existing and or proposed right-of-way shall
be either removed from city right-of-way or undergrounded and relocated outside
of City right-of-way. Contact SRP to identify existing land rights and establish the
appropriate process to remove or relocate the facility. Relocations that require
additional dedications or land transfer, require completion prior to obtaining plat
and or civil plan review approval.



Page 170
24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. A minimum of one pedestrian connection shall be provided within the west 600
feet of the property, along the south side, to allow access between the site and
any future development to the south, as approved by the Planning and
Development Department.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 3rd day of November,

2021.



________________________________
MAYOR


Page 171
ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeff Barton, City Manager

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




Page 172
EXHIBIT A

LEGAL DESCRIPTION FOR Z-41-21-8

THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 1
SOUTH, RANGE 2 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA;

EXCEPT THE EAST 33.00 FEET THEREOF; AND

THE SOUTH 663.17 FEET THEREOF; AND

EXCEPT THE NORTH 1304.13 FEET THEREOF; AND

EXCEPT THAT PORTION OF THE LAND CONVEYED TO THE STATE OF ARIZONA,
DEPARTMENT OF TRANSPORTION, MORE PARTICULARLY DESCRIBED IN
SPECIAL WARRANTY DEED, RECORDED JANUARY 9, 2019 AS 2019-0016336, OF
OFFICIAL RECORDS AND RE-RECORDED JUNE 07, 2019 AS 2019-0426519,
RECORDS OF MARICOPA COUNTY, ARIZONA.




Page 173
Page 174
Attachment B




Staff Report: Z-41-21-7
September 10, 2021

Laveen Village Planning Committee September 13, 2021
Meeting Date
Planning Commission Hearing Date October 7, 2021

Request From: S-1 (Approved C-2/CP-GCP) (14.56 acres)
Request To: C-2 HGT/WVR DNS/WVR (14.56 acres)
Proposed Use Multifamily residential with a height and density
waiver
Location Approximately 615 feet north of the northwest
corner of 59th Avenue and Dobbins Road
Owner The Williams Family Living 1996 Trust
Applicant Anne Healy, P.B. Bell
Representative Manjula M. Vaz, Gammage & Burnham, PLC
Staff Recommendation Approval, subject to stipulations


General Plan Conformity
General Plan Land Use Map
Commercial
Designation
Street Map
59th Avenue Arterial 33-foot west half street
Classification
CONNECT PEOPLE AND PLACES CORE VALUE; CORES, CENTERS AND
CORRIDORS; LAND USE PRINCIPLE: Locate land uses with the greatest height
and most intense uses within village cores, centers and corridors based on
village character, land use needs, and transportation system capacity.
The proposed development consists of high density multifamily residential housing on a
site located within the Laveen Village Core, which is intended to be the clearly
identifiable focus for the village. The proposed intensity is appropriate within the core
and due to the site’s adjacency to the Loop 202 Freeway.




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CELEBRATE OUR DIVERSE COMMUNITIES & NEIGHBORHOODS CORE VALUE;
CERTAINTY & CHARACTER; DESIGN PRINCIPLE: Create new development or
redevelopment that is sensitive to the scale and character of the surrounding
neighborhoods and incorporates adequate development standards to prevent
negative impact(s) on the residential properties.
The proposed development incorporates an enhanced landscape buffer along its 59th
Avenue frontage and restricts buildings to a maximum two-story height along this
frontage. These will provide an appropriate transition from the single-family residential
neighborhood adjacent to the east, to the proposed three-story buildings along the
freeway to the west.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.
As stipulated, the development will provide mature shade trees along its 59th Avenue
frontage, throughout the surface parking areas, and in open space areas.


Applicable Plan, Overlays, and Initiatives
Laveen Southwest Growth Study – See Background Item No. 4.

Housing Phoenix – See Background Item No. 7.

Tree and Shade Master Plan – See Background Item No. 8.

Complete Streets Guiding Principles – See Background Item No. 9.

Comprehensive Bicycle Master Plan – See Background Item No. 10.

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Surrounding Land Uses/Zoning
Land Use Zoning
On Site Agricultural land S-1 (Approved C-2/C-GCP)
North Agricultural land S-1 (Approved C-2/C-GCP)
South Agricultural land S-1 (Approved C-2/C-GCP)
East Single-family
R1-8
residential subdivision




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Staff Report: Z-41-21-7
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West (Across C-2 H-R SP (App. C-2/CP-GCP), C-2/CP-
Dairy farm and
Loop 202 GCP SP (App. C-2/CP-GCP), C-2 H-R (App.
agricultural land
freeway) C-2/CP-GCP) and S-1 (App. C-2/CP-GCP)

R-5 Multifamily Residential
(Planned Residential Development Option) *
Standards Requirements Proposed
Gross Acreage - 14.65 acres
Max. Total Number of 669, 764 with bonus 308 units (Met)
Units
Max. Density 45.68; 52.20 with bonus 21.02 (Met)
(dwelling units/acre)
Standards
Building Height 4 stories or 48 feet 3 stories, 37 feet (Met)
Maximum***
Lot Coverage 50% Maximum 32% (Met)
Open Space 5% Minimum of gross 18% (Met)
area
(Per Section 703.B)
Minimum Parking 474 required 606 provided (Met)
Minimum Building Setbacks
Perimeter Standards 20 feet adjacent to a Front (59th Avenue): 30 feet
public street (Met)***

10 feet adjacent to Interior property lines (north
property line and south): 15 feet (Met)
Minimum Landscape 20 feet adjacent to streets 30 feet (59th Avenue) (Met)
Setbacks
5 feet adjacent to 15 feet interior property lines
property lines (Met)
* The C-2 zoning district permits multifamily zoning by right within the development
parameters of the R-3 zoning district. Increased yard, height, area, and density may be
permitted through a waiver up to the R-5 standards.

**If variance required.

***The height limitation of 4 stories or 48 feet applies to residential uses.




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Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone a
14.56-acre site located
approximately 615 feet north
of the northwest corner of
59th Avenue and Dobbins
Road from S-1 (Approved C-
2/CP-GCP) (Ranch or Farm
Residence District, Approved
Intermediate Commercial
District or Commerce Park
District, General Commerce
Park Option) to C-2
HGT/WVR DNS/WVR
(Intermediate Commercial
District, Height Waiver,
Density Waiver) to allow a
multifamily residential
development.
Aerial Map
Source: City of Phoenix Planning and Development Department

2. The site has a General Plan
Land Use Map designation of
Commercial. The same
designation exists to the
south and west of the site.
North of the subject site is a
Mixed Use (Commercial /
Commerce – Business Park)
designation. East of the site,
across 59th Avenue, is the
Residential 2 to 3.5 dwelling
units per acre designation.

The proposal is consistent
with the Commercial General
Plan Land Use Map
designation as the
commercial land use
designation accommodates

General Plan Land Use Map
Source: City of Phoenix Planning and Development Department



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multifamily
development at varying
scales and intensities.

The site is also located
within the Laveen
Village Core, which is
intended to be the
clearly identifiable
central focus for the
village with a
pedestrian-oriented mix
of land uses. This
proposal will be the first
development within the
Laveen Village Core,
as all properties within
these boundaries are
currently used for
agricultural operations.
The proposal will provide General Plan Land Use Map
Source: City of Phoenix Planning and Development Department
high density housing
within the core and
adjacent to a major transportation corridor.
EXISTING CONDITIONS & SURROUNDING ZONING
3. The current zoning of the
subject site is S-1
(Approved C-2/CP-GCP)
(Ranch or Farm Residence
District, Approved
Intermediate Commercial
District or Commerce Park
District, General Commerce
Park Option) and it is
currently used for
agricultural operations. This
same zoning designation
extends both to the north
and south of the site, with
the same agricultural land
use. To the east, across Zoning Map
59th Avenue, is a residential Source: City of Phoenix Planning and Development Department
subdivision zoned R1-8.




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Staff Report: Z-41-21-7
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West of the site, across the Loop 202 freeway, are several zoning designations, as
follows: C-2 H-R SP (Approved C-2/CP-GCP) (Intermediate Commercial District,
High Rise District, Special Permit, Approved Intermediate Commercial District or
Commerce Park District, General Commerce Park Option), C-2/CP-GCP SP
(Approved C-2/CP-GCP) (Intermediate Commercial District or Commerce Park
District, General Commerce Park Option Special Permit, Approved Intermediate
Commercial District or Commerce Park District, General Commerce Park Option),
C-2 H-R (Approved C-2/CP-GCP) (Intermediate Commercial District, High Rise
District, Approved Intermediate Commercial District or Commerce Park District,
General Commerce Park Option) and S-1 (Approved C-2/CP-GCP) (Ranch or Farm
Residence District, Approved Intermediate Commercial District or Commerce Park
District, General Commerce Park Option). This site is currently operated as a dairy
farm.
AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
4. Laveen Southwest Growth Study
The site is located within the
boundaries of the Laveen
Southwest Growth Study,
which was developed in 1997
to analyze the existing
conditions of the Laveen
Village. It provides a land use
and design planning
framework to help shape the
growth in Laveen, while
accounting for newly annexed
farmland as well as the future
development of the South
Mountain Freeway Loop,
which has since been
completed.

The Land Use Plan contained
within this study designates
the subject site as
Commercial and is consistent
with the current overall
General Plan Land Use Map.
The proposal is consistent
with this designation and the
proposed site plan and staff
Land Use Plan, Laveen Southwest Growth Study
recommended stipulations
Source: City of Phoenix Planning and Development Department
also incorporate several




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of the design policies set forth in the study. These include incorporation of wide,
detached sidewalks along 59th Avenue, robust landscaping standards, enhanced
open space, and architectural style that pays homage to the agricultural heritage of
Laveen.
PROPOSAL
5. The proposed site plan depicts a multifamily residential development consisting of a
mix of building types ranging from one to three stories in height, and residences
ranging from one to three bedrooms units. The development proposes two
vehicular entry drives along its 59th Avenue frontage. The southernmost driveway
contains a roundabout style driveway entry that connects to two separate gated
vehicular entries into the development. This driveway area will also have guest
parking spaces with pedestrian access to the leasing office and clubhouse. The site
plan depicts several desirable site design elements and amenities, which are further
reinforced through staff recommended stipulations (discussed below). As such, staff
is recommending general conformance to this site plan, per Stipulation No. 1.




Proposed Site Plan
Source: BMA Architecture




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Building Heights
As noted in Background Item No. 3, the property to the east of the site, across 59th
Avenue, consists of a single-family residential neighborhood with mostly single-
story residences. To ensure an appropriate height transition as one moves west
towards the Loop 202 freeway, staff is recommending that the buildings adjacent to
59th Avenue be restricted to a maximum building height of 2 stories and 30 feet,
and all other buildings to a maximum of 3 stories and 40 feet. This is depicted on
the proposed site plan and is addressed in Stipulation No. 2.




Proposed Site Plan
Source: BMA Architecture
59th Avenue St t reetscape
To further ensure an appropriate transition from the single-family residential
community to the west, staff is recommending that a minimum 30-foot-wide
landscape setback be provided along 59th Avenue. Within the streetscape setback,
staff is recommending that large caliper trees be planted to provide both shade for
pedestrians and a vegetative buffer between this site and the homes across the
street. This is addressed in Stipulation No. 4. The site is also located along a
planned trail as depicted in the city’s Parks and Trails Map. This will be provided via
a 10-foot-wide public Shared Use Path (SUP) along 59th Avenue and will be
detached. Staff is recommending that the landscape strip between the SUP and
back of curb be planted with minimum two-inch caliper trees, vegetation to prevent




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mid-block crossings, and that a minimum of 75 percent shade be provided along
the path at maturity. These recommendations are addressed in Stipulation No. 3.

Staff is also recommending enhancements to the primary entry drive on the
southeastern portion of the site. These enhancements shall include a pedestrian
connection between the interior of the development and the public sidewalk, which
shall be detached from the vehicular driveway and lined with landscape areas of no
less than five feet in width along both sides, planted with a mixture of ornamental
trees, shrubs and flower beds. Further, staff is recommending that the entire
driveway surface (outside of the community access gates) be constructed of a
material other than that used to pave the parking surfaces. These
recommendations are addressed in Stipulation No. 6.

Additional improvements to the streetscape are recommended by staff, including
the utilization of open fencing along 59th Avenue, or a combination of solid masonry
and wrought iron open view fencing, as well as decorative ranch rail fencing
elements to reflect the agricultural heritage of Laveen. These are addressed in
Stipulation No. 7 and 9.

Perimeter Treatments
The proposed site plan depicts a minimum 15-foot landscape setback along the
north, west and south perimeter property lines. Staff is recommending that these
perimeter landscape areas be landscaped with minimum 2-inch caliper trees to
buffer from adjacent properties, as well as with minimum 75 percent live
groundcover. This is addressed in Stipulation No. 5. Staff is also recommending
enhanced perimeter wall design around the property, per Stipulation No. 8.

Open Space and Shade
The site plan depicts three open space areas: a primary amenity area located within
close proximity to the primary entry driveway, a secondary amenity area within the
north-central part of the site, and a third open space area that also functions as a
retention basin within the north-western portion of the site. Staff is recommending
that a minimum 18 percent of the site be provided as open space, and that it be
equitably distributed throughout the site, per Stipulation No. 10. Staff is also
recommending that the primary amenity space remain in close proximity to the
primary entry and that it include a minimum of one swimming pool and one
clubhouse. Staff is also recommending that a minimum of three benches be
provided throughout the development within shaded areas. One of these should be
located near the primary entry drive. These recommendations are addressed in
Stipulation Nos. 10 and 11. Furthermore, staff is recommending that no more than
50 percent of the landscape areas within common areas or ten percent of the net lot
area, whichever is less, be planted in turf or other high-water use plants. This is
addressed in Stipulation No. 12.




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To ensure thermal comfort for residents and guests, staff is recommending that
open space areas and pedestrian pathways be shaded at a minimum of 75 percent
shade with a combination of trees and structural shade, per Stipulation No. 14.
Further heat reduction is recommended through planting of shade trees throughout
surface parking areas to achieve a minimum of 25 percent shade, per Stipulation
No. 15.




Landscape Rendering
Source: Anderson
Pedestrian S fafety
Due to the number of outdoor amenity areas and the site’s proximity to major
commercial centers to the north on 59th Avenue and Baseline Road, significant
pedestrian activity is expected to occur. As such, staff is recommending that a
pedestrian circulation plan be put in place for the development. All pedestrian
pathways should incorporate pedestrian-scale lighting and, where the pathways
cross drive aisles, they should be constructed of a material that visually contrasts
from the drive aisle surface. This is addressed in Stipulation No. 13. Additional
traffic calming measures at all vehicular points of entry are also recommended to
enhance pedestrian safety on the site, per Stipulation No. 18.

As stated above, the site is located near commercial centers to the north, and 59th
Avenue will be an important bicycle route for nearby residents to access these
centers. To promote the use of alternative transportation modes, staff is




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recommending that the development provide bicycle amenities per the standards
set forth in Section 1307.H of the Zoning Ordinance, which is the Walkable Urban
Code. Staff is also recommending the provision of one bicycle repair station so
residents and guests can service their bicycles at a convenient location. These are
addressed in Stipulation No. 17.
6. The proposed elevations depict a mixture of two- to three-story buildings and a
single-story clubhouse building. The elevations feature pitched roof elements, pop-
outs, balconies, and a variety of building materials on all building facades. Vertical
siding and standing seam roofing recall the agricultural style of Laveen and have
been incorporated into the overall modern architectural style. The homage to
Laveen’s agrarian architectural style is consistent with the design recommendations
set forth in the Laveen Southwest Growth Study. As such, staff is recommending
general conformance to these elevations, per Stipulation No. 1.




Building Elevations
Source: BMA Architecture




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AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
7. Housing Phoenix Plan
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. This
Plan contains policy initiatives for the development and preservation of housing with
a vision of creating a stronger and more vibrant Phoenix through increased housing
options for residents at all income levels and family sizes. Phoenix’s rapid
population growth and housing underproduction has led to a need for over 163,000
new housing units. Current shortages of housing supply relative to demand are a
primary reason why housing costs are increasing. The proposed development
supports the Plan’s goal of preserving or creating 50,000 housing units by 2030 by
providing an opportunity for high density residential development.
8. Tree and Shade Master Plan
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the city’s planning and
development process. By investing in trees and the urban forest, the city can
reduce its carbon footprint, decrease energy costs, reduce storm water runoff,
increase biodiversity, address the urban heat island effect, clean the air, and
increase property values. In addition, trees can help to create walkable streets and
vibrant pedestrian places. Staff is recommending significant tree shade cover for
pedestrian pathways, SUP, open space areas, perimeter landscape areas, and
surface parking areas, per Stipulation Nos. 3, 4, 5, 6, 14, 15, and 16.
9. Complete Streets Guiding Principles
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. To ensure pedestrian safety throughout
the development and along the public right-of-way, staff is recommending a
detached Shared Use Path, a pedestrian circulation plan which includes pedestrian-
scale lighting, detached pedestrian connection to the street, and significant bicycle
amenities, per Stipulation Nos. 3, 6, 13, and 17.
10. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its bikeway system and supportive infrastructure. The
Comprehensive Bicycle Master Plan supports options for both short- and long-term
bicycle parking as a means of promoting bicyclist traffic to a variety of destinations.
The proposal incorporates requirements for bicycle parking that follows standards
set forth in the Walkable Urban Code, which is the city’s form-based zoning code
intended to enhance the pedestrian realm and encourage multi-modal
transportation. Staff is further recommending a bicycle fix-it station to provide
residents and guests with a convenient place to service their bicycles. This is
addressed in Stipulation No. 17.




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11. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal to
become a zero waste city, as part of the city’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
Section 716 of the Phoenix Zoning Ordinance expand its recycling and other waste
diversion programs. Section 716 of the Phoenix Zoning Ordinance establishes
standards to encourage the provision of recycling containers for multifamily,
commercial and mixed-use developments meeting certain criteria. The proposal will
utilize regular trash and recycling bins.
COMMUNITY INPUT SUMMARY
12. At the time this staff report was written, staff had not received any community
correspondence regarding this request.
INTERDEPARTMENTAL COMMENTS
13. The Phoenix Fire Department has noted that they do not anticipate any problems
with this case and that the site and/or buildings shall comply with the Phoenix Fire
Code.
14. The Public Transit Department has requested that the developer provide clearly
defined, accessible pathways that connect all building entrances and exits, and
public sidewalks, and that they be constructed of materials that visually contrast
with parking and drive aisle surfaces. These are addressed in Stipulation No. 13.
This department has further requested that all pedestrian paths and sidewalks be
shaded at 75 percent at maturity. This is addressed in Stipulation No. 15.
15. The Street Transportation Department has required a 55-foot dedication for the
west half of 59th Avenue, a 14-foot-wide median along 59th Avenue from Siesta
Way to the northern edge of the development, and a minimum five-foot-wide
detached sidewalk and minimum 13-foot wide landscape area between the
sidewalk and back of curb. As explained in Background Item No. 5, a Shared Use
Path will be provided along the street in lieu of a sidewalk and will meet the intent of
the sidewalk requirement. The department has further required a shaded pedestrian
pathway constructed of bricks, paver, or similar material, connecting the site to 59th
Avenue, which was also discussed in Background Item No. 5. Additionally, the
department requires that a Traffic Impact Study (TIS) be submitted for the
development, that any existing irrigation facilities be undergrounded and relocated
outside of city right-of-way, and that all streets be constructed with all required
improvements and comply with current ADA standards. These requirements are
addressed in Stipulation Nos. 6, 18 through 24.
OTHER
16. The site is located in a larger area identified as being archaeologically sensitive. If
further review by the City of Phoenix Archaeology Office determines the site and
immediate area to be archaeologically sensitive, and if no previous archaeological
projects have been conducted within this project area, it is recommended that



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archaeological Phase I data testing of this area be conducted. Phase II
archaeological data recovery excavations may be necessary based upon the
results of the testing. A qualified archaeologist must make this determination in
consultation with the City of Phoenix Archaeologist. In the event archaeological
materials are encountered during construction, all ground disturbing activities must
cease within a 33-foot radius of the discovery and the City of Phoenix Archaeology
Office must be notified immediately and allowed time to properly assess the
materials. This is addressed in Stipulation Nos. 25, 26, and 27.
17. Development and use of the site is subject to all applicable codes and ordinances.
Zoning approval does not negate other ordinance requirements. Other formal
actions such as, but not limited to, zoning adjustments and abandonments, may be
required.

Findings

1. The proposed development will provide high density housing within the Laveen
Village Core, where higher intensity land uses are encouraged. The site is also
adjacent to the Loop 202 freeway, a major transportation corridor, in addition to a
major commercial center to the north, on 59th Avenue and Baseline Road.
2. The proposal will provide an appropriate transition from single-family residential
neighborhoods to the east to the freeway corridor to the west of the site.
3. As stipulated, the proposal includes several site design elements that exceed
Zoning Ordinance requirements and that are consistent with the design
recommendations set forth in the Laveen Southwest Growth Study.


Stipulations

1. The development shall be in general conformance with the site plan and elevations
date stamped August 30, 2021, as modified by the following stipulations and
approved by the Planning and Development Department.
2. The buildings along 59th Avenue, as depicted on the site plan date stamped August
31, 2021, shall not exceed a maximum height of 2 stories and 30 feet. Other
buildings on the site shall not exceed a maximum height of 3 stories and 40 feet.
3. The developer shall construct a 10-foot-wide public Shared Use Path (SUP) along
59th Avenue, which 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. The landscape area between the sidewalk and back of curb
shall be planted to the following standards, as approved by the Planning and
Development Department.




Page 188
Staff Report: Z-41-21-7
September 10, 2021


a. Minimum 2-inch caliper shade trees that provide a minimum 75 percent
shade at maturity.
b. Drought tolerant vegetation maintained at a maximum height of 24 inches
and achieve 75 percent live coverage.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
4. A minimum landscape setback of 30 feet shall be required along 59th Avenue and
shall be planted with minimum 50 percent 3-inch caliper, 50 percent 4-inch caliper
large canopy drought-tolerant trees, 20 feet on center or in equivalent groupings,
and five 5-gallon shrubs per tree, and 75 percent live groundcover, as approved by
the Planning and Development Department. Where utility conflicts exist, the
developer shall work with the Planning and Development Department on alternative
design solutions consistent with a pedestrian environment.
5. The required landscape setback along the interior property lines shall be planted
with minimum 2-inch caliper trees at 20 feet on center or in equivalent groupings,
and 75 percent live groundcover at maturity, as approved by the Planning and
Development Department.
6. The primary vehicular entrance to the development shall include the following
elements, as approved by the Planning and Development Department:
a. Pedestrian pathway connecting the interior of the development to the public
sidewalk and shall be constructed of bricks, pavers, or similar material.
b. The pedestrian pathway shall be detached from the vehicular driveway and
lined with landscape areas on both sides of not less than 5 feet each. The
landscape area shall be planted with drought-tolerant plant materials
providing seasonal interest and 75 percent live cover.
c. A mix of ornamental trees (no less than 2-inch caliper), shrubs (no less
than five five-gallon shrubs per tree) and flower beds that will maintain a
constant bloom throughout the year and 75 percent live cover, shall be
provided along both sides of the entryway and within a landscaped median
of no less than 5 feet in width.
d. The driveway surface shall be constructed of decorative pavers, stamped
or colored concrete, or another material, other than those used to pave the
parking surfaces, as approved by the Planning and Development
Department.




Page 189
Staff Report: Z-41-21-7
September 10, 2021


7. Open view wrought iron fencing or a combination of maximum two feet of solid
masonry topped by wrought iron open view fencing shall be utilized along
pedestrian and vehicular entryway areas, as approved by the Planning and
Development Department.
8. Walls along the perimeter of the site shall include material and textural differences,
such as stucco and/or split face block with a decorative element, such as tile or
stamped designs, as approved by the Planning and Development Department.

9. Decorative rail or similar fencing elements shall be provided along 59th Avenue, as
approved by the Planning and Development Department.

10. The development shall provide a minimum of 18 percent of open space. A minimum
of three district open space areas shall be provided as depicted on the site plan
date stamped August 30, 2021. Additionally, three benches or seating features shall
be provided throughout the development within shaded areas. One of the benches
or seating features shall be located within close proximity to the primary entryway
along 59th Avenue.
11. A central amenity and open space area shall be provided within close proximity to
the primary vehicular entrance into the development, and include the following
amenities at a minimum, as approved by the Planning and Development
Department:
a. Swimming pool;

b. Clubhouse.

12. No more than 50 percent of the landscape areas within common areas or 10
percent of the net lot area, whichever is less, should be planted in turf or high-water
use plants. Turf areas should be located only in the common open space areas,
including retention basins, as approved by the Planning and Development
Department.

13. A system of pedestrian thoroughfares shall be provided at a minimum, as described
below and as approved or modified by the Planning and Development Department:

a. Pathways shall be illuminated by pedestrian scale lighting per Section
1304(H)5.

b. 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 parking and drive aisle
surfaces. Vehicular crossings shall be kept to a minimum.




Page 190
Staff Report: Z-41-21-7
September 10, 2021


14. Active open space areas, with the exception of the pool, shall be shaded a
minimum of 75 percent using architectural shade and/or shade trees at full maturity,
as approved by the Planning and Development Department.

15. Pedestrian paths internal within the site and connecting the public sidewalk shall be
shaded to a minimum of 75 percent using architectural shade and/or shade trees at
full maturity, as approved by the Planning and Development Department.

16. All uncovered surface parking lot areas shall be landscaped with a minimum 2-inch
caliper drought-tolerant shade trees. Landscaping shall be dispersed throughout the
parking areas and achieve 25 percent shade at maturity, as approved by Planning
and Development Department.

17. The development shall incorporate bicycle infrastructure as described below and as
approved by the Planning and Development Department.

a. Minimum of four bicycle parking spaces via inverted U-bicycle racks, artistic
style bicycle racks or “Outdoor/Covered Facilities” shall be located near the
vehicular entryway into the development or nearby amenity areas. All
bicycle racks shall adhere to Appendix K of the Comprehensive Bicycle
Master Plan.

b. Secure bicycle parking for residents shall be provided at a minimum rate of
0.25 spaces per residential unit, with a maximum of 50 spaces, and shall
adhere to the standards in Section 1307.H of the Zoning Ordinance.

c. One bicycle repair station (“fix it station”) shall be provided and maintained
within close proximity to the primary vehicular entryway to the development.
The bicycle repair station (“fix it station”) shall be provided in an area of high
visibility and separated from vehicular maneuvering areas, where
applicable. The repair station shall include: standard repair tools affixed to
the station; a tire gauge and pump affixed to the base of the station or the
ground; and a bicycle repair stand which allows pedals and wheels to spin
freely while making adjustments to the bike.

18. The developer shall provide traffic calming measures at all vehicular points of
ingress and egress to slow vehicles departing the development and crossing the
public sidewalks, as approved by the Planning and Development Department.

19. The developer shall dedicate minimum 55 feet of right-of-way for the west half of
59th Avenue, as approved by the Planning and Development Department.




Page 191
Staff Report: Z-41-21-7
September 10, 2021


20. The developer shall construct and landscape a 14-foot-wide median island along
59th Avenue from Siesta Way to the northern edge of the development. A median
opening shall be provided at 59th Avenue and Siesta Way for full access while the
northern access shall be restricted to right-in/right-out only by the median island, as
depicted on the site plan date stamped August 30, 2021 and as approved by the
Street Transportation Department.

21. The developer shall construct a detached sidewalk and minimum 13-foot-wide
landscape area located between the back of curb and sidewalk as required by the
CM Cross Section along the west side of 59th Avenue, as approved by the
Planning and Development Department.

22. The developer shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City. The TIS shall include signal warrant analysis
for the intersections of 59th Avenue and Dobbins Road and 59th Avenue and South
Mountain Boulevard. The developer shall be responsible for any additional
dedications and construction and/or contribute funds in escrow for the traffic
signals, as required by the approved TIS.
23. Existing irrigation facilities along any existing and or proposed right-of-way shall 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 or land transfer, require completion
prior to obtaining plat and or civil plan review approval.
24. 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.
25. 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.
26. 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.
27. 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 192
Staff Report: Z-41-21-7
September 10, 2021



Writer
Sofia Mastikhina
August 30, 2021

Team Leader
Samantha Keating

Exhibits
Sketch Map
Aerial
Site plan date stamped August 30, 2021 (1 page)
Elevations date stamped August 30, 2021 (8 pages)
Landscape plan date stamped August 30, 2021 (1 page)




Page 193
59TH DR


R-3* ARDMORE RD


C-2/CP-GCP SP * C-2/CP-GCP
Z-7-19
Z-SP-4-09 Z-79-01
DESERT DR


58TH AVE
C-2 H-R SP * S-1
Z-SP-4-09
ANX 175
EUCLID AVE

R1-8 *
ANX 175
ANX 272 PEDRO LN
C-2 H-R * 58TH LN Z-62-02
Z-16-09 GWEN ST



SIESTA WAY

v
w
59TH AVE

C-2 *
C-2/CP-GCP

58TH DR
Z-79-01 BETH DR
S-1 ANX 175
ANX 271 ANX 272
Z-62-02 MILADA DR
Z-100-02
DOBBINS RD
C-2 PCD
S-1 HGT/WVR*
Z-31-04
Z-28-03


I
BROADWAY RD
Z-41-21
SOUTHERN AVE

Miles BASELINE RD

0.075 0.0375 0 0.075
75TH AVE
DOBBINS RD

LAVEEN VILLAGE
67TH AVE
ELLIOT RD

CITY COUNCIL DISTRICT: 7
59TH AVE
ESTRELLA DR




51ST AVE
27TH AVE

43RD AVE 35TH AVE



APPLICANT'S NAME: REQUESTED CHANGE:
P.B. Bell/Bernard Pipan
FROM:
S-1 (Approved C-2/CP-GCP) ( 14.56 a.c.)
APPLICATION NO. DATE:
8/03/2021
Z-41-21 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
14.56 Acres QS 02-14 C-5 TO: C-2 HGT/WVR DNS/WVR ( 14.56 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1 (Approved C-2/CP-GCP) 14 (211) N/A (253)
C-2 HGT/WVR DNS/WVR 633 760

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-41-21.mxd
Page 194
59TH DR


R-3* ARDMORE RD


C-2/CP-GCP SP * C-2/CP-GCP
Z-7-19
Z-SP-4-09 Z-79-01
DESERT DR


58TH AVE
C-2 H-R SP * S-1
Z-SP-4-09
ANX 175
EUCLID AVE

R1-8 *
ANX 175
ANX 272 PEDRO LN
C-2 H-R * 58TH LN Z-62-02
Z-16-09 GWEN ST



SIESTA WAY

w
v
59TH AVE

C-2 *
C-2/CP-GCP

58TH DR
Z-79-01 BETH DR
S-1 ANX 175
ANX 271 ANX 272
Z-62-02 MILADA DR
Z-100-02
DOBBINS RD
C-2 PCD
S-1 HGT/WVR*
Z-31-04
Z-28-03
Maricopa County Assessor's Office




I
BROADWAY RD
Z-41-21
SOUTHERN AVE

Miles BASELINE RD

0.075 0.0375 0 0.075
75TH AVE
DOBBINS RD

LAVEEN VILLAGE
67TH AVE
ELLIOT RD

CITY COUNCIL DISTRICT: 7
59TH AVE
ESTRELLA DR




51ST AVE
27TH AVE

43RD AVE 35TH AVE



APPLICANT'S NAME: REQUESTED CHANGE:
P.B. Bell/Bernard Pipan
FROM:
S-1 (Approved C-2/CP-GCP) ( 14.56 a.c.)
APPLICATION NO. DATE:
8/03/2021
Z-41-21 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
14.56 Acres QS 02-14 C-5 TO: C-2 HGT/WVR DNS/WVR ( 14.56 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1 (Approved C-2/CP-GCP) 14 (211) N/A (253)
C-2 HGT/WVR DNS/WVR 633 760

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-41-21.mxd
Page 195
     
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Attachment C




Village Planning Committee Meeting Summary
Z-41-21-7

Date of VPC Meeting September 13, 2021
Request From S-1 (Approved C-2/CP-GCP) (14.56 acres)
Request To C-2 HGT/WVR DNS/WVR (14.56 acres)
Proposed Use Multifamily Residential Development
Location Approximately 615 north of the northwest corner of 59th
Avenue and Dobbins Road
VPC Recommendation Denial as filed
VPC Vote 8-0


VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Sofia Mastikhina, staff, provided an overview of the request, including the location,
surrounding and on-site zoning, surrounding land uses, and an explanation of proposed
entitlement. She explained that the current zoning of C-1 (Intermediate Commercial
District) permits multifamily residential development per R-3 (Multifamily Residence
District) standards. The request is to add a height and density waiver to allow for a more
intense development than would otherwise be permitted by right. She then outlined the
General Plan Land Use Map designation, noting that the site is located within the
Laveen Village Core, which is intended to be the central focus of the village where more
height and density are appropriate. She presented the proposed site plan, pointing out
the two entry driveways, three open space areas, and a height limitation for buildings
along 59th Avenue of a maximum of two stories. She then presented the landscape
plan, which includes robust landscaping within a 30-foot setback along 59th Avenue,
per staff’s request, and the proposed building elevations, which exhibit rural
architectural elements such as pitched roofs and vertical siding. She concluded her
presentation with staff’s findings and recommendation, as well as the recommended
stipulations of approval.

Manjula Vaz, representative with Gammage & Burnham, presented examples of other
projects by PB Bell, noting the high quality of the developments. She provided an
overview of the locational context of the site, outlining the relationship of the site to the
village core, and noting that the site to the south is planned for commercial
development, as well as several other commercial developments slated for construction
along the Loop 202 freeway. She presented information regarding the rezoning case
that established the commercial zoning on the site and pointed out that the approval
letter called out the intent of the village core as a high-intensity area with a mix of

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 206
commercial and high density multifamily residential development. She then presented
the proposed site plan, landscape plan, building renderings and elevations, noting the
main development features, circulation, pedestrian areas, improvements to 59th
Avenue, enhanced open space, and enhanced architecture. She also outlined the
General Plan Land Use and Design policies that are met by this proposal, and the
development impact fees, contributions of the school district, and property taxes that will
be generated by this development.

QUESTIONS FROM COMMITTEE
Vice Chair Linda Abegg thanked the applicant for working with the committee and the
applicant in incorporating many of the standards and design features that they
requested, and thanked staff for the recommended stipulations to ensure that the
Laveen Core is held to high standards. She stated that although the plan underwent
many changes, her main concern is that this site is designated for mixed use and the
request at hand is to increase the height and density yet does not provide a mix of uses.
She expressed concern over the trend of commercially zoned properties being
developed with only residential uses and stated that there is no guarantee that the
property to the south will develop with commercial.

Rebecca Perrera thanked the applicant for their listing of the impact fees that will be
applicable to this project and paid to the city but stated that ultimately those won’t do
much for the local community. She explained that the biggest fiscal impact at a local
level comes from sales taxes and, if Laveen continues to add rooftops without any
commercial uses, the sales taxes from Laveen residents will go to the communities that
they have to commute to for their shopping and entertainment needs. She also
expressed concern with the erosion of commercial properties in Laveen. She then
asked if the development is designed to discourage mid-block pedestrian crossings, as
there is a school on 59th Avenue with many students walking to and from every day.
Vaz replied that the developer is working with the Street Transportation Department to
ensure sufficient pedestrian safety along 59th Avenue.

Carlos Ortega expressed concern with the applicant’s usage of the word “multi-use,” as
this is not a mixed-use project. He also expressed concern with the proposed height of
3-story units and the noise mitigation from the freeway. Although the developer
incorporated some architectural features, the proposal does not meet the intent of a
mixed-use core. There is no guarantee that the property to the south will develop as
commercial, and he is opposed to the proposal at hand.

PUBLIC COMMENT
Scott Ward introduced himself as the property owner of the parcel to the south and
stated that he and his development team have been trying to attract businesses to their
site for several months. He expressed his excitement for this project as it will bring
sufficient residential units to support the future commercial uses on his property, which
will come to fruition more easily once the multifamily is developed.

Dan Penton expressed appreciation for the applicant having incorporated the
community’s desired features into the plan but stated that this proposal does not meet
the intent of the Village Core, which is to provide a mix of land uses. He explained that
the proposal means to add high density residential along the freeway corridor, which
should be an area for new employment opportunities. He then asked if the development
has considered incorporating affordable units, as affordable housing is something that
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 207
the community desperately needs. He requested that the committee deny this case or
require that the applicant file a PUD to ensure commercial development on the property
to the south.

Sandy Hamilton asked for clarification on the committee’s position regarding
multifamily housing, as they had previously made an assertion that they would no longer
approve such projects yet, just at the previous meeting, they had approved two
multifamily residential cases. He stated that the land of this subject request could be put
to better use than for multifamily housing.

Erika Lopez expressed concern over the high density of the proposal, the traffic
generation, the lack of school capacity for the new units, and the overall impact on the
neighborhood to the east. She asked that the committee recommend a continuance so
that the applicant can explore a PUD designation to solidify requirements for a
commercial portion to support the residential.

Vice Chair Abegg expressed appreciation to the applicant for working extensively with
staff, committee members, and members of the community to incorporate their
suggestions into the project. She stated that, nevertheless, the proposal does not meet
the intent of the Village Core due to a lack of a mixed-use component, and that the
promise that there will be commercial on the parcel to the south is not enough to justify
approval of this project.

MOTION
Vice Chair Abegg made motion to deny the request as filed. Carlos Ortega seconded
the motion.

VOTE
8-0: Motion passes with committee members Glass, Abegg, Barraza, Buggs, Ortega,
Perrera, Rouse, and Rowe in favor. Committee member Hurd experiences technical
difficulties during the vote and was thus absent.

STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:
None.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 208
ADDENDUM A
Staff Report: Z-41-21-7
September 20, 2021

Laveen Village Planning Committee September 13, 2021
Meeting Date
Planning Commission Hearing Date October 7, 2021

Request From: S-1 (Approved C-2/CP-GCP) (14.56 acres)
Request To: C-2 HGT/WVR DNS/WVR (14.56 acres)
Proposed Use Multifamily residential with a height and density
waiver
Location Approximately 615 feet north of the northwest
corner of 59th Avenue and Dobbins Road
Owner The Williams Family Living 1996 Trust
Applicant Anne Healy, P.B. Bell
Representative Manjula M. Vaz, Gammage & Burnham, PLC
Staff Recommendation Approval, subject to stipulations

The purpose of this addendum is to revise the staff recommended stipulations to modify
language pertaining to the relocation of existing irrigation facilities. The applicant has
coordinated with the Street Transportation Department to clarify the language in
Stipulation No. 23 to allow for the removal of existing underground irrigation facilities.
The previous stipulation language limited it to undergrounding and relocation only.

On September 13, 2021, the Laveen Village Planning Committee heard this request and
denied it by a vote of 11-0.

Staff recommends approval subject to the following revised stipulations:

1. The development shall be in general conformance with the site plan and
elevations date stamped August 30, 2021, as modified by the following
stipulations and approved by the Planning and Development Department.
2. The buildings along 59th Avenue, as depicted on the site plan date stamped
August 31, 2021, shall not exceed a maximum height of 2 stories and 30 feet.
Other buildings on the site shall not exceed a maximum height of 3 stories and 40
feet.




Page 209
Addendum A to the Staff Report Z-41-21-7
September 20, 2021


3. The developer shall construct a 10-foot-wide public Shared Use Path (SUP) along
59th Avenue, which 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. The landscape area between the sidewalk and back of curb
shall be planted to the following standards, as approved by the Planning and
Development Department.
a. Minimum 2-inch caliper shade trees that provide a minimum 75 percent
shade at maturity.
b. Drought tolerant vegetation maintained at a maximum height of 24 inches
and achieve 75 percent live coverage.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
4. A minimum landscape setback of 30 feet shall be required along 59th Avenue and
shall be planted with minimum 50 percent 3-inch caliper, 50 percent 4-inch caliper
large canopy drought-tolerant trees, 20 feet on center or in equivalent groupings,
and five 5-gallon shrubs per tree, and 75 percent live groundcover, as approved
by the Planning and Development Department. Where utility conflicts exist, the
developer shall work with the Planning and Development Department on
alternative design solutions consistent with a pedestrian environment.
5. The required landscape setback along the interior property lines shall be planted
with minimum 2-inch caliper trees at 20 feet on center or in equivalent groupings,
and 75 percent live groundcover at maturity, as approved by the Planning and
Development Department.
6. The primary vehicular entrance to the development shall include the following
elements, as approved by the Planning and Development Department:
a. Pedestrian pathway connecting the interior of the development to the public
sidewalk and shall be constructed of bricks, pavers, or similar material.
b. The pedestrian pathway shall be detached from the vehicular driveway and
lined with landscape areas on both sides of not less than 5 feet each. The
landscape area shall be planted with drought-tolerant plant materials
providing seasonal interest and 75 percent live cover.
c. A mix of ornamental trees (no less than 2-inch caliper), shrubs (no less
than five five-gallon shrubs per tree) and flower beds that will maintain a
constant bloom throughout the year and 75 percent live cover, shall be
provided along both sides of the entryway and within a landscaped median
of no less than 5 feet in width.




Page 210
Addendum A to the Staff Report Z-41-21-7
September 20, 2021


d. The driveway surface shall be constructed of decorative pavers, stamped
or colored concrete, or another material, other than those used to pave the
parking surfaces, as approved by the Planning and Development
Department.
7. Open view wrought iron fencing or a combination of maximum two feet of solid
masonry topped by wrought iron open view fencing shall be utilized along
pedestrian and vehicular entryway areas, as approved by the Planning and
Development Department.
8. Walls along the perimeter of the site shall include material and textural
differences, such as stucco and/or split face block with a decorative element, such
as tile or stamped designs, as approved by the Planning and Development
Department.

9. Decorative rail or similar fencing elements shall be provided along 59th Avenue,
as approved by the Planning and Development Department.

10. The development shall provide a minimum of 18 percent of open space. A
minimum of three district open space areas shall be provided as depicted on the
site plan date stamped August 30, 2021. Additionally, three benches or seating
features shall be provided throughout the development within shaded areas. One
of the benches or seating features shall be located within close proximity to the
primary entryway along 59th Avenue.
11. A central amenity and open space area shall be provided within close proximity to
the primary vehicular entrance into the development, and include the following
amenities at a minimum, as approved by the Planning and Development
Department:
a. Swimming pool;

b. Clubhouse.

12. No more than 50 percent of the landscape areas within common areas or 10
percent of the net lot area, whichever is less, should be planted in turf or high-
water use plants. Turf areas should be located only in the common open space
areas, including retention basins, as approved by the Planning and Development
Department.

13. A system of pedestrian thoroughfares shall be provided at a minimum, as
described below and as approved or modified by the Planning and Development
Department:

a. Pathways shall be illuminated by pedestrian scale lighting per Section
1304(H)5.




Page 211
Addendum A to the Staff Report Z-41-21-7
September 20, 2021


b. 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 parking and drive aisle
surfaces. Vehicular crossings shall be kept to a minimum.

14. Active open space areas, with the exception of the pool, shall be shaded a
minimum of 75 percent using architectural shade and/or shade trees at full
maturity, as approved by the Planning and Development Department.

15. Pedestrian paths internal within the site and connecting the public sidewalk shall
be shaded to a minimum of 75 percent using architectural shade and/or shade
trees at full maturity, as approved by the Planning and Development Department.

16. All uncovered surface parking lot areas shall be landscaped with a minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking areas and achieve 25 percent shade at maturity, as
approved by Planning and Development Department.

17. The development shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.

a. Minimum of four bicycle parking spaces via inverted U-bicycle racks, artistic
style bicycle racks or “Outdoor/Covered Facilities” shall be located near the
vehicular entryway into the development or nearby amenity areas. All
bicycle racks shall adhere to Appendix K of the Comprehensive Bicycle
Master Plan.

b. Secure bicycle parking for residents shall be provided at a minimum rate of
0.25 spaces per residential unit, with a maximum of 50 spaces, and shall
adhere to the standards in Section 1307.H of the Zoning Ordinance.

c. One bicycle repair station (“fix it station”) shall be provided and maintained
within close proximity to the primary vehicular entryway to the development.
The bicycle repair station (“fix it station”) shall be provided in an area of high
visibility and separated from vehicular maneuvering areas, where
applicable. The repair station shall include: standard repair tools affixed to
the station; a tire gauge and pump affixed to the base of the station or the
ground; and a bicycle repair stand which allows pedals and wheels to spin
freely while making adjustments to the bike.

18. The developer shall provide traffic calming measures at all vehicular points of
ingress and egress to slow vehicles departing the development and crossing the
public sidewalks, as approved by the Planning and Development Department.

19. The developer shall dedicate minimum 55 feet of right-of-way for the west half of
59th Avenue, as approved by the Planning and Development Department.




Page 212
Addendum A to the Staff Report Z-41-21-7
September 20, 2021


20. The developer shall construct and landscape a 14-foot-wide median island along
59th Avenue from Siesta Way to the northern edge of the development. A median
opening shall be provided at 59th Avenue and Siesta Way for full access while the
northern access shall be restricted to right-in/right-out only by the median island,
as depicted on the site plan date stamped August 30, 2021 and as approved by
the Street Transportation Department.

21. The developer shall construct a detached sidewalk and minimum 13-foot-wide
landscape area located between the back of curb and sidewalk as required by the
CM Cross Section along the west side of 59th Avenue, as approved by the
Planning and Development Department.

22. The developer shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City. The TIS shall include signal warrant analysis
for the intersections of 59th Avenue and Dobbins Road and 59th Avenue and
South Mountain Boulevard. The developer shall be responsible for any additional
dedications and construction and/or contribute funds in escrow for the traffic
signals, as required by the approved TIS.
23. Existing irrigation facilities along any existing and or proposed right-of-way shall
be EITHER REMOVED FROM CITY RIGHT-OF-WAY OR undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land rights
and establish the appropriate process to REMOVE OR relocate the facility.
Relocations that require additional dedications or land transfer, require completion
prior to obtaining plat and or civil plan review approval.
24. 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.
25. 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.
26. 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.
27. 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 213
Attachment E


REPORT OF PLANNING COMMISSION ACTION
October 7, 2021

ITEM NO: 11
DISTRICT NO.: 7
SUBJECT:

Application #: Z-41-21-7
Location: Approximately 615 feet north of the northwest corner of 59th
Avenue and Dobbins Road
From: S-1 (Approved C-2/CP-GCP)
To: C-2 HGT/WVR DNS/WVR
Acreage: 14.56
Proposal: Multifamily residential with a height and density waiver
Applicant: Anne Healy, P.B. Bell
Owner: The Williams Family Living 1996 Trust
Representative: Manjula M. Vaz, Gammage & Burnham, PLC

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Laveen 9/13/2021 Denial. Vote: 8-0.

Planning Commission Recommendation: Approval, per the staff recommendation, with
additional stipulations (Addendum A Staff Report).

Motion Discussion: N/A

Motion details: Commissioner Busching made a MOTION to approve Z-41-21-7, per the
staff recommendation, with the additional stipulation as read into the record and a
stipulation to require a minimum of one pedestrian connection within the west 600 feet of
the property, along the south side, to allow access between the site and any future
development to the south, as approved by the Planning and Development Department.

Maker: Busching
Second: Gaynor
Vote: 7-1 (Perez)
Absent: Shank
Opposition Present: Yes




Page 214
Findings:

1. The proposed development will provide high density housing within the Laveen
Village Core, where higher intensity land uses are encouraged. The site is also
adjacent to the Loop 202 freeway, a major transportation corridor, in addition to a
major commercial center to the north, on 59th Avenue and Baseline Road.

2. The proposal will provide an appropriate transition from single-family residential
neighborhoods to the east to the freeway corridor to the west of the site.

3. As stipulated, the proposal includes several site design elements that exceed
Zoning Ordinance requirements and that are consistent with the design
recommendations set forth in the Laveen Southwest Growth Study.

Stipulations:

1. The development shall be in general conformance with the site plan and
elevations date stamped August 30, 2021, as modified by the following
stipulations and approved by the Planning and Development Department.

2. The buildings along 59th Avenue, as depicted on the site plan date stamped
August 31, 2021, shall not exceed a maximum height of 2 stories and 30 feet.
Other buildings on the site shall not exceed a maximum height of 3 stories and 40
feet.

3. The developer shall construct a 10-foot-wide public Shared Use Path (SUP)
along 59th Avenue, which 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. The landscape area between the sidewalk and
back of curb shall be planted to the following standards, as approved by the
Planning and Development Department.

a. Minimum 2-inch caliper shade trees that provide a minimum 75 percent
shade at maturity.

b. Drought tolerant vegetation maintained at a maximum height of 24 inches
and achieve 75 percent live coverage.

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

4. A minimum landscape setback of 30 feet shall be required along 59th Avenue
and shall be planted with minimum 50 percent 3-inch caliper, 50 percent 4-inch
caliper large canopy drought-tolerant trees, 20 feet on center or in equivalent
groupings, and five 5-gallon shrubs per tree, and 75 percent live groundcover, as
approved by the Planning and Development Department. Where utility conflicts
exist, the developer shall work with the Planning and Development Department
on alternative design solutions consistent with a pedestrian environment.




Page 215
5. The required landscape setback along the interior property lines shall be planted
with minimum 2-inch caliper trees at 20 feet on center or in equivalent groupings,
and 75 percent live groundcover at maturity, as approved by the Planning and
Development Department.

6. The primary vehicular entrance to the development shall include the following
elements, as approved by the Planning and Development Department:

a. Pedestrian pathway connecting the interior of the development to the
public sidewalk and shall be constructed of bricks, pavers, or similar
material.

b. The pedestrian pathway shall be detached from the vehicular driveway and
lined with landscape areas on both sides of not less than 5 feet each. The
landscape area shall be planted with drought-tolerant plant materials
providing seasonal interest and 75 percent live cover.

c. A mix of ornamental trees (no less than 2-inch caliper), shrubs (no less
than five five-gallon shrubs per tree) and flower beds that will maintain a
constant bloom throughout the year and 75 percent live cover, shall be
provided along both sides of the entryway and within a landscaped median
of no less than 5 feet in width.

d. The driveway surface shall be constructed of decorative pavers, stamped
or colored concrete, or another material, other than those used to pave the
parking surfaces, as approved by the Planning and Development
Department.

7. Open view wrought iron fencing or a combination of maximum two feet of solid
masonry topped by wrought iron open view fencing shall be utilized along
pedestrian and vehicular entryway areas, as approved by the Planning and
Development Department.

8. Walls along the perimeter of the site shall include material and textural
differences, such as stucco and/or split face block with a decorative element,
such as tile or stamped designs, as approved by the Planning and Development
Department.

9. Decorative rail or similar fencing elements shall be provided along 59th Avenue,
as approved by the Planning and Development Department.

10. The development shall provide a minimum of 18 percent of open space. A
minimum of three district open space areas shall be provided as depicted on the
site plan date stamped August 30, 2021. Additionally, three benches or seating
features shall be provided throughout the development within shaded areas. One
of the benches or seating features shall be located within close proximity to the
primary entryway along 59th Avenue.




Page 216
11. A central amenity and open space area shall be provided within close proximity to
the primary vehicular entrance into the development, and include the following
amenities at a minimum, as approved by the Planning and Development
Department:

a. Swimming pool;

b. Clubhouse.

12. No more than 50 percent of the landscape areas within common areas or 10
percent of the net lot area, whichever is less, should be planted in turf or high-
water use plants. Turf areas should be located only in the common open space
areas, including retention basins, as approved by the Planning and Development
Department.

13. A system of pedestrian thoroughfares shall be provided at a minimum, as
described below and as approved or modified by the Planning and Development
Department:

a. Pathways shall be illuminated by pedestrian scale lighting per Section
1304(H)5.

b. 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 parking and drive aisle
surfaces. Vehicular crossings shall be kept to a minimum.

14. Active open space areas, with the exception of the pool, shall be shaded a
minimum of 75 percent using architectural shade and/or shade trees at full
maturity, as approved by the Planning and Development Department.

15. Pedestrian paths internal within the site and connecting the public sidewalk shall
be shaded to a minimum of 75 percent using architectural shade and/or shade
trees at full maturity, as approved by the Planning and Development Department.

16. All uncovered surface parking lot areas shall be landscaped with a minimum 2-
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking areas and achieve 25 percent shade at maturity, as
approved by Planning and Development Department.

17. The development shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.

a. Minimum of four bicycle parking spaces via inverted U-bicycle racks,
artistic style bicycle racks or “Outdoor/Covered Facilities” shall be located
near the vehicular entryway into the development or nearby amenity areas.
All bicycle racks shall adhere to Appendix K of the Comprehensive Bicycle
Master Plan.




Page 217
b. Secure bicycle parking for residents shall be provided at a minimum rate of
0.25 spaces per residential unit, with a maximum of 50 spaces, and shall
adhere to the standards in Section 1307.H of the Zoning Ordinance.

c. One bicycle repair station (“fix it station”) shall be provided and maintained
within close proximity to the primary vehicular entryway to the
development. The bicycle repair station (“fix it station”) shall be provided in
an area of high visibility and separated from vehicular maneuvering areas,
where applicable. The repair station shall include: standard repair tools
affixed to the station; a tire gauge and pump affixed to the base of the
station or the ground; and a bicycle repair stand which allows pedals and
wheels to spin freely while making adjustments to the bike.

18. The developer shall provide traffic calming measures at all vehicular points of
ingress and egress to slow vehicles departing the development and crossing the
public sidewalks, as approved by the Planning and Development Department.

19. The developer shall dedicate minimum 55 feet of right-of-way for the west half of
59th Avenue, as approved by the Planning and Development Department.

20. The developer shall construct and landscape a 14-foot-wide median island along
59th Avenue from Siesta Way to the northern edge of the development. A median
opening shall be provided at 59th Avenue and Siesta Way for full access while
the northern access shall be restricted to right-in/right-out only by the median
island, as depicted on the site plan date stamped August 30, 2021 and as
approved by the Street Transportation Department.

21. The developer shall construct a detached sidewalk and minimum 13-foot-wide
landscape area located between the back of curb and sidewalk as required by
the CM Cross Section along the west side of 59th Avenue, as approved by the
Planning and Development Department.

22. The developer shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study is
reviewed and approved by the City. The TIS shall include signal warrant analysis
for the intersections of 59th Avenue and Dobbins Road and 59th Avenue and
South Mountain Boulevard. The developer shall be responsible for any additional
dedications and construction and/or contribute funds in escrow for the traffic
signals, as required by the approved TIS.

23. Existing irrigation facilities along any existing and or proposed right-of-way shall
be EITHER REMOVED FROM CITY RIGHT-OF-WAY OR undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land rights
and establish the appropriate process to REMOVE OR relocate the facility.
Relocations that require additional dedications or land transfer, require
completion prior to obtaining plat and or civil plan review approval.




Page 218
24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. A MINIMUM OF ONE PEDESTRIAN CONNECTION SHALL BE PROVIDED
WITHIN THE WEST 600 FEET OF THE PROPERTY, ALONG THE SOUTH
SIDE, TO ALLOW ACCESS BETWEEN THE SITE AND ANY FUTURE
DEVELOPMENT TO THE SOUTH, AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT

This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 495-5622, TTY use 7-1-1.




Page 219
Attachment F

CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON: 11/3/2021

APPLICATION NO/ Z-41-21-7 (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Northwest corner of opposition x applicant
59th Avenue and
Dobbins Road

APPEALED FROM: PC 5407 West Winston Drive
10/7/2021 Laveen, Arizona 85339

PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC Linda Abegg
HEARING 11/3/2021 801-358-1736
Linda.abegg@gmail.com

CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

This application allows a change from mixed use to high density. Unless commercial is
included the density and height waivers should be denied.

RECEIVED BY: Racelle Escolar RECEIVED ON: 10/8/2021

Alan Stephenson Greg Harmon
Joshua Bednarek Samantha Keating
Tricia Gomes Paul M. Li
Racelle Escolar Village Planner
Stephanie Vasquez GIS
David Urbinato Applicant
Vikki Cipolla-Murillo




Page 220
Page 221
Attachment G




Page 222
Page 223
Attachment H

Sofia Mastikhina

From: Scott Kuknyo
Sent: Wednesday, September 8, 2021 1:05 PM
To: Sofia Mastikhina
Subject: Laveen Village Planning Committee meeting September 13th, 6:30pm

Follow Up Flag: Follow up
Flag Status: Flagged


Hi Sofia,

I understand you are the contact to submit general questions or comments to for the above mentioned meeting
on Monday, September 13th.

If for any reason this email isn’t sufficient, I would be willing to ask questions/comments during the call.


Comments:

- Developers are wanting to rezone land for high density multi-family apartments along 59th Ave, adjacent to
South Mountain Rd. The developers are obviously focused on only their particular building proposals but the
City needs to be more engaged to the broader “community” perspective to avoid over population saturation.

- There is not enough infrastructure to support the volume of traffic through the entire 59th Ave. corridor
between Baseline Rd and Dobbins Rd. A single two lane road will NOT support the attendees of Fairfax High
School, existing residential communities (specifically, Paseo Pointe), new apartments already built on the SE
corner of 59th Ave and South Mountain Rd., the new retail stores that have yet to be developed between South
Mountain Rd and Baseline Rd., in addition to the two separate high density apartment complexes being
proposed between South Mountain Rd to Dobbins Rd.

- For the last several years, there hasn’t been nearly enough Police (and likely Fire) resources for the Laveen
Village population. This remains an ever-growing problem that continues to persist. Adding high density
apartments throughout Laveen Village will create greater demand on those resources that do not exist.

- Anyone currently living in Laveen Village is well aware of the challenges of reliably finding routine food items
on grocery store shelves. Residents like myself need to travel to other cities to grocery shop. Adding the
volume of density proposed by these developers only further adds to the strain of our basic shopping needs.

- I am not opposed to apartments in general but there shouldn’t be a cluster of high density apartments within
less than a quarter mile from each other. Laveen Village requires a better land usage approach. Please
consider creating a much greater distance between these high density apartments.

Sincerely,
Scott Kuknyo
8622 S. 58th Dr.
Laveen, AZ. 85339





Page 224
Racelle Escolar

From: Linda Abegg
Sent: Tuesday, October 5, 2021 4:04 PM
To: Racelle Escolar
Subject: PC 10/7: Z-41-21



Hi Racelle,
Can you please send this to the commissioners or read it as a comment at the meeting? Unfortunately I am unable to be
there to speak on Thursday. Thanks!

Planning Commission Members,

I am unable to attend Thursday's meeting, but as a community member and Vice Chair of the LVPC, I'd like to give input
on the case NW of 59th Ave and Dobbins in Laveen (Z-41-21).

1. Right now the entire parcel is zoned mixed use, but could be developed into multi‐family without a public hearing
process. Only the northern portion is included in this case.

2. If the northern portion is granted the requested height and density variance, the land owner still has the ability to
build multi‐family on the southern portion without public hearings, eliminating the commercial part of the mixed use.

3. Because this is zoned and planned as mixed use, the LVPC and Laveen community oppose the height and density
variance that would allow for an even higher density of multifamily without any commercial.

4. I would support the increase in height and density if the entire parcel were being rezoned as a PUD with commercial
included so that the mixed use designation is preserved. Although the landowners have provided written assurances
that they intend to build commercial on the southern portion, we all know that a letter is not enforceable; we need the
zoning to match the agreement.

Thank you for your support of responsible development in our community,
Linda Abegg
Vice Chair LVPC
5407 W Winston Dr
Laveen, AZ 85339




Page1 225



Report

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Item text
Public Hearing and Ordinance Adoption - Planning Hearing Officer Application
PHO-1-21--Z-10-18-8- Northwest Corner of 27th Street and Baseline Road
(Ordinance G-6914)

Request to authorize the City Manager, or his designee, to approve the Planning
Commission recommendation without further hearing by the City Council on matters
heard by the Planning Hearing Officer on Aug. 18, 2021 and the Planning Commission
on Oct. 7, 2021.

Summary
Application: PHO-1-21--Z-10-18-8
Existing Zoning: C-1 BAOD
Acreage: 10.31

Applicant: Cassandra Ayres, Beus Gilbert McGroder, PLLC
Owner: Baseline 25, LLC
Representative: Paul Gilbert, Beus Gilbert McGroder, PLLC

Proposal:
1. Modification of Stipulation 1 regarding general conformance to the conceptual
planting plan date stamped June 25, 2018.
2. Deletion of Stipulation 1.a regarding the quantity and configuration of drive-through
facilities.
3. Deletion of Stipulation 1.b regarding the configuration of 27th Street.
4. Deletion of Stipulation 2 regarding general conformance to elevations date stamped
February 12, 2018.
5. Modification of Stipulation 2.a regarding pitched roof elements.
6. Modification of Stipulation 2.b regarding an equestrian corral area.

Concurrence/Previous Council Action
VPC Action: The South Mountain Village Planning Committee heard this case on Jul.
13, 2021 and recommended denial as filed and approval with modifications, by a vote
of 10-1-1.
PHO Action: The Planning Hearing Officer heard this case on July 21, 2021 and
recommended a continuance to the Aug. 18, 2021 agenda. The Planning Hearing


Page 226

Officer heard this case on Aug. 18, 2021 and recommended denial as filed and
approval with modifications and additional stipulations. See Attachment B (Staff
Report) for the full list of Planning Hearing Officer recommended stipulations.
Staff Recommendation: Denial as filed and approval with modifications and additional
stipulations, as recommended by the Planning Hearing Officer.
PC Action: The Planning Commission heard this case on Oct. 7, 2021 and
recommended approval, per the Planning Hearing Officer recommendation with the
deletion of a stipulation, by a vote of 6-2. See Attachment C (PC Summary) for the
list of Planning Commission recommended stipulations. The item will be heard at a
public hearing along with the two companion cases for the site.

Location
Northwest corner of 27th Street and Baseline Road
Council District: 8
Parcel Address: 7407, 7421, and 7435 S. 25th St.; 7420 S. 27th St.; 2520, 2600, 2620,
and 2624 E. Baseline Road; and 2630 E. Ellis St.

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




Page 227
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-10-18-8 PREVIOUSLY APPROVED BY
ORDINANCE G-6478.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located at the northwest

corner of 27th Street and Baseline Road in a portion of Section 35, Township 1 North,

Range 3 East, as described more specifically in Attachment “A”, are hereby modified

to read as set forth below.

STIPULATIONS:

1. The development shall be in general conformance with the SITE PLAN AND
ELEVATIONS conceptual planting plan date stamped MAY 26, 2021 June 25,
2018, as modified by the following stipulations and approved by the Planning
and Development Department, and with specific regard to the following:

a. The quantity and configuration of drive-through facilities on the subject
site.

a. THE SITE PLAN SHALL BE MODIFIED TO ALIGN 27TH STREET WITH
b. THE EXISTING PORTION OF 27TH STREET SOUTH OF BASELINE
ROAD OR PROVIDE AN ALTERNATIVE AS APPROVED BY THE
STREET TRANSPORTATION AND PLANNING AND DEVELOPMENT
DEPARTMENTS.

The configuration of 27th Street, which aligns with the existing portion of
27th Street south of Baseline Road.



Page 228
2. The development shall be in general conformance with the elevations date
stamped February 12, 2018, as modified by the following stipulations and
approved by the Planning and Development Department.

a. Pitched roof elements shall be incorporated in all buildings.

b. All building elevations, including those facing or visible from the Western
Canal, shall contain architectural embellishments and detailing such as
textural changes, pilasters, offsets, recesses, variation in window size
and location, and/or other overhang canopies.

3. The developer shall provide the following amenities and open public access to
the amenities, as approved by the Planning and Development Department:

a. A multi-use trail or shared-use path which provides connectivity between
Baseline Road and the Western Canal, in accordance with the MAG
supplemental details.

b. Equestrian corral AMENITY area containing hitching posts for horses,
WATER FOR EQUINE CONSUMPTION, AND STRUCTURAL OR
LANDSCAPED SHADING along the northern property align LINE
adjacent to the Western Canal.

c. Minimum of two shaded benches, along the northern property align
adjacent to the Western Canal.

d. Bicycle parking area containing a minimum of eight spaces. The bicycle
parking area shall utilize inverted-U bicycle racks or a similar design that
accommodates lock placement on both wheels and the frame.

4. Any solid portion of a perimeter wall adjacent to the Western Canal shall not
exceed a maximum height of three feet, as approved by the Planning and
Development Department.

5. No drive-through facility shall locate its drive-through window facing a residential
use or Baseline Road, as approved by the Planning and Development
Department.

6. Drive-throughs shall be screened from view of public rights-of-way and
residential uses with a landscaped berm or a combination of a wall and
landscaped berm at least four feet in height, as approved by the Planning and
Development Department.

7. The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE)
along the north side of Baseline Road and construct a minimum 10-foot wide
multi-use trail (MUT) within the easement, in accordance with the MAG
supplemental detail and as approved by the Parks and Recreation and Planning
and Development Departments.



Page 229
8. The location of the bus stop along Baseline Road shall be approved by the
Public Transit Department.

9. THE DEVELOPER SHALL PROVIDE A MINIMUM 5-FOOT-WIDE SHADED
PEDESTRIAN PATHWAY ALONG THE EAST SIDE OF THE 25TH STREET
ALIGNMENT PROVIDING A DIRECT CONNECTION FROM THE
PROPOSED MULTIFAMILY RESIDENTIAL DEVELOPMENT TO THE
PUBLIC SIDEWALK ALONG BASELINE ROAD, AS APPROVED OR
MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

10. The developer shall construct all streets within and adjacent to the development
9. 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.

11. In the event archaeological materials are encountered during construction, the
10. 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.

12. The developer shall notify the following individuals at a minimum 10 calendar
11. days prior to any Planning Hearing Officer request to modify or delete
stipulations. The notice shall include the date, time and location of the hearing.

a. Tanis Earle
3602 East Vineyard Road
Phoenix, AZ 85042

b. Sandy Bawden
3232 East Vineyard Road
Phoenix, AZ 85042

c. Kay Gunter
1821 East Latona Road
Phoenix, AZ 85042

d. Deandra Ervin
2914 East Constance Way
Phoenix, AZ 85042

e. Linda Martin
7049 South Golfside Lane
Phoenix, AZ 85042

f. Stephanie Watney
834 East Beverly Road
Phoenix, AZ 85042


Page 230
g. Anthony Siglar
2727 East Donnor Drive
Phoenix, AZ 85042

h. Kenneth And June Wood
2447 East Fremont Road
Phoenix, AZ 85042

i. Melissa Hinkle
7051 South 27th Way
Phoenix, AZ 85042

j. Steve And Robin Martin
8517 South 30th Way
Phoenix, AZ 85042

k. Heather Cannon
8032 South 27th Way
Phoenix, AZ 85042

l. Hayime Monge
7507 South 27th Terrace
Phoenix, AZ 85042

m. Steven Pace
2198 East Camelback Road, Suite 210
Phoenix, AZ 85016

n. Linda Anquoe
3923 East Carson Road
Phoenix, AZ 85042

o. Kent June
3917 East St. Catherine Avenue
Phoenix, AZ 85042

p. Monique Bontrager
6401 South 37th Street
Phoenix, AZ 85042

q. Amy Schneider
3232 East Maldonado
Phoenix, AZ 85042

r. Kim Figgins
2918 East Dunbar Drive
Phoenix, AZ 85042



Page 231
13. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM
APPROVED BY THE CITY ATTORNEY'S OFFICE. THE WAIVER SHALL BE
RECORDED WITH THE MARICOPA COUNTY RECORDER'S OFFICE AND
DELIVERED TO THE CITY TO BE INCLUDED IN THE REZONING
APPLICATION FILE FOR RECORD.


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

district granted pursuant to Ordinance G-6478, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6478 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 15th day of September,

2021.




________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney



Page 232
By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager



Exhibits:
A - Legal Description (9 Pages)
B - Ordinance Location Map (1 Page)




Page 233
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-21--Z-10-18-8

That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as
follows:
COMMENCING at the Southwest corner of said Section 35;
Thence along the South line of said Section 35 as monumented, North 88 degrees 33
minutes 30 seconds East a distance of 1,015.53 feet;
Thence North 00 degrees 04 minutes 00 seconds West a distance of 583.76 feet to the
TRUE POINT OF BEGINNING;
Thence continuing North 00 degrees 04 minutes 00 seconds West a distance of 192.00
feet to the South right-of-way line of the Western Canal;
Thence along said right-of-way line South 89 degrees 03 minutes 59 seconds East a
distance of 169.98 feet;
Thence South 00 degrees 04 minutes 00 seconds East a distance of 184.95 feet;
Thence South 88 degrees 33 minutes 30 seconds West a distance of 170.00 feet to
the TRUE POINT OF BEGINNING,
EXCEPT the West 25 feet thereof.

122-95-008E
THE WEST 170 FEET OF THE FOLLOWING DESCRIBED PROPERTY IS
MEASURED ALONG THE SOUTH LINE THEREOF:

THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 1
NORTH, RANGE 3 EAST, OF THE GILA AND SALT RJVER BASE AND MERJDIAN,
ARIZONA, L YlNG SOUTH OF WESTERN CANAL AND DESCRJBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTlON 35, WHICH
BEARS NORTH 88 DEGREES, 30 MINUTES, 30 SECONDS EAST, 1015.53 FEET
FROM THE SOUTHWEST CORNER THEREOF. THENCE NORTH 00 DEGREES, 04
MINUTES WEST, 775.75 FEET TO THE SOUTH LINE OF WESTERN CANAL RIGHT-
OF-WAY; THENCE SOUTH 89 DEGREES, 07 MINUTES EAST, 570.29 FEET ALONG
SAID WESTERN CANAL RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES, 04
MINUTES EAST, 752.11 FEET TO THE SOUTH LINE OF SAID SECTION 35;
THENCE 88 DEGREES, 30 MINUTES, 30 SECONDS WEST, 570.39 FEET ALONG
SAID SECTION LINE TO THE POINT OF BEGINNING;

EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHJP I NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SECTION 35;
THENCE ALONG THE SOOTH LINE OF SAID SECTION 35 AS MONUMENTED,
NORTH 88 DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE OF 1015.53
FEET; THENCE NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A
DISTANCE OF 33.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF BASELINE
ROAD, ALSO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE OF 375.75 FEET;
THENCE NORTH 88 DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE



Page 234
OF 170.00 FEET; THENCE SOUTH 00 DEGREES, 04 MINUTES, 00 SECONDS
EAST, A DISTANCE OF 375.75 FEET TO THE NORTH RIGHT-OF-WAY LINE OF
BASELINE ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 88
DEGREES, 33 MINUTES, 30 SECONDS WEST, A DISTANCE OF 170.00 FEET TO
THE TRUE POINT OF BEGINNING; AND

EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP l NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE
ALONG THE SOUTH LINE OF SAID SECTION 35 AS MONUMENTED, NORTH 88
DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE OF 1015.53 FEET;
THENCE NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE
OF 583.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE OF 192.00
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE WESTERN CANAL; THENCE
ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 DEGREES, 03 MINUTES, 59
SECONDS EAST, A DISTANCE OF 169.98 FEET; THENCE SOUTH 00 DEGREES,
04 MINUTES, 00 SECONDS EAST, A DISTANCE OF 184.95 FEET; THENCE SOUTH
88 DEGREES, 33 MINUTES, 30 SECONDS WEST, A DISTANCE OF 170.00 FEET
TO THE TRUE POINT OF BEGINNING.

122-95-008M
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP I
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE NORTH 88 DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE
OF 1015.53 FEET;
THENCE NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE
OF 233.01 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST,
A DISTANCE OF 175.75 FEET;
THENCE NORTH 88 DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE
OF 170.00 FEET;
THENCE SOUTH 00 DEGREES, 04 MINUTES, 00 SECONDS EAST FOR A
DISTANCE OF 175.75 FEET;
THENCE SOUTH 88 DEGREES, 33 MINUTES, 30 SECONDS WEST FOR A
DISTANCE OF 170.00 FEET TO THE TRUE POINT OF BEGINNING.

122-95-008X
PARCEL 1:
The South 200 feet of the Following Described Property:
That Portion of the Southwest quarter of Section 35, Township 1 North Range 3 East of
the GIia and Salt River Base and Meridian, Maricopa County, Arizona, described as
follows:
COMMENCING at the Southwest comer of said Section 35;




Page 235
Thence along the South line of said Section 35, as monumented, North 88 degrees 30
minutes 30 seconds East, a distance of 1015.53 feet;
Thence North 00 degrees 04 minutes 00 seconds West, a distance of 33.01 feet to the
North right of way line of Baseline Road and also the TRUE POINT OF BEGINNING;
Thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of
375.75 feet;
Thence North 88 degrees 30 minutes 30 seconds East, a distance of 170.00 feet;
Thence South 00 degrees 04 minutes 00 seconds East, a distance of 375.75 feet to
the North right of way line of Baseline Road;
Thence along said right of way line South 88 degrees 30 minutes 30 seconds West, a
distance of 170.00 feet to the TRUE POINT OF BEGINNINru;official Document
EXCEPT that portion described as follows:
That Portion of the Southwest quarter of Section 35, Township 1 North Range 3 East,
of the GIia and Salt River Base and Meridian, Maricopa County Arizona, described as
follows:
COMMENCING at the Southwest corner of said Section 35;
Thence North 88 degrees 30 minutes 30 seconds East, along the South line of said
Section 35, a distance of 1015.53 feet;
Thence departing said South line North 00 degrees 04 minutes 00 seconds West, a
distance of 33.01 feet to the POINT OF BEGINNING;
Thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 52.78
feet;
Thence North 88 degrees 30 minutes 30 seconds East, a distance of 32.85 feet;
Thence South 00 degrees 04 minutes 00 seconds East, a distance of 7 .OS feet;
Thence South 65 degrees 11 minutes 31 seconds East, a distance of 24.17 feet;
Thence South 00 degrees 04 minutes 00 seconds East, a distance of 8.00 feet;
Thence North 88 degrees 30 minutes 30 seconds East, a distance of 115.22 feet;
Thence South 00 degrees 04 minutes 00 seconds East, a distance of 27.01 feet;
Thence South 88 degrees 30 minutes 30 seconds West, a distance of 170.00 feet to
the POINT OF BEGINNING.
Except that portion conveyed to the City of Phoenix September 13, 2006 in Document
No 2006- 1215152

PARCEL 2:
The South 240 feet of the following described property:
That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East,
of the GIia and Salt River Base and Meridian, Maricopa County, Arizona, lying South of
the Western Canal and described as follows:
BEGINNING at the point on the South line of Section 35, which bears North 88
degrees 30 minutes 30 seconds East, 1015.53 feet from the Southwest corner thereof;
thence North 00 degrees 04 minutes West, 775.75 feet to the South line of Western
Canal right-of-way;
thence South 89 degrees 07 minutes East, 570.29 feet along said Western Canal right-
of-way;
thence South 00 degrees 04 minutes East, 752.11 feet to the South line of said Section
35;
thence South 88 degrees 30 minutes 30 seconds West, 570.39 feet along said Section
line to the POINT OF BEGINNING.
EXCEPT the West 170 feet; and also EXCEPT the East 173 feet; and also



Page 236
EXCEPT any portion lying South of the North line of the Following described property:
COMMENCING at the Southwest corner of said Section 35;
thence North 88 degrees 30 minutes 30 seconds East, along the South line of said
Section 35, a distance of 1185.53 feet;
thence departing said South line North 00 degrees 04 minutes 00 seconds West, a
distance of 33.01 feet to the POINT OF BEGINNING;
thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 27.01
feet;
thence North 88 degrees 30 minutes 30 seconds East, parallel with and 60.00 feet
North of said South line, a distance of 227 .39 feet;
thence South 00 degrees 04 minutes 00 seconds East, a distance of 27.10 feet;
thence South 88 degrees 30 minutes 30 seconds West, parallel with and 33.00 feet
North of said line, a distance of 227 .39 feet to the POINT OF BEGINNING

PARCEL 3:
That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as
follows:
COMMENCING at the Southwest corner of said Section 35; THENCE along the South
line at said Section 35, as monumented North 88 degrees 33 minutes 30 seconds East
a distance of 1435.92 feet;
THENCE North 00 degrees 04 minutes 00 seconds West a distance of 33.01 feet to
the North right of way line of Baseline Road also being the TRUE POINT OF
BEGINNING;
THENCE continuing North 00 degrees 04 minutes 00 seconds West a distance of
546.10 feet;
THENCE North 88 degrees 33 minutes 30 seconds East a distance of 173.00 feet;
THENCE South 00 degrees 04 minutes 00 seconds East a distance of 546.10 feet to
the North right of way line of Baseline Road;
THENCE along said right of way line South 88 degrees 33 minutes 30 seconds West a
distance of 173.00 feet to the TRUE POINT OF BEGINNING;
EXCEPT any portion thereof lying Easterly of the East line of the property conveyed to
RONNIE COLWELL and BARBARA J. COLWELL, husband and wife, by Deed
recorded in Docket 12146, Page 791; and
EXCEPT any portion thereof lying within the property conveyed to JOHN LOVERING
and PATRICIA ANNE LOVERING, husband and wife, by Deed recorded in Document
No. 85-0613754, described as follows:
That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and being
more particularly described as follows:
COMMENCING at the Southwest corner of said Section 35;
THENCE North 88 degrees 33 minutes 30 seconds East along the South line of
Section 35 for 1412,92 feet; Unofficial Document
THENCE North 00 degrees 04 minutes 00 seconds West a distance of 419.10 feet to
the TRUE POINT OF BEGINNING;
THENCE continuing North 00 degrees 04 minutes 00 seconds West 110.00 feet;
THENCE North 88 degrees 33 minutes 30 seconds East 135.71 feet;




Page 237
THENCE along the arc of a curve to the right 19.14 feet, radius 12.00 feet, central
angle 91 degrees 22 minutes 30 seconds whose long chord bears South 45 degrees
45 minutes 15 seconds East 17.17 feet;
THENCE South 00 degrees 04 minutes 00 seconds East a distance of 97.71 feet;
THENCE South 88 degrees 33 minutes 30 seconds West a distance of 148.00 feet to
the TRUE POINT OF BEGINNING; and
EXCEPT the property conveyed to the CITY OF PHOENIX by Quit Claim Deed
recorded August 2, 1986 in Document No. 86-0427056; and
EXCEPT the property conveyed to the CITY OF PHOENIX by Quit Claim Deed
recorded November 30, 1987 in Document No. 87-0716033; and
EXCEPT that property described in Final Order of Condemnation recorded in
Document No. 2004-1092625.
PARCEL 4:
A strip of land approximately 23 feet in width located in the Southwest quarter of
Section 35, Township 1 North, Range 3 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona, which is bounded on the North by the South right
of way line of the Western canal, which is bounded on the East by the Westerly line of
the parcel of land set forth in Deed recorded in Docket 16256, Page 1361 and also by
the Westerly line (and its Southerly prolongation) of the parcel of land set forth In Deed
recorded In Docket 16090, Page 197, bounded in the South by the South line of said
Section 35, and bounded on the West by the Easterly line of the parcel of land set forth
In Deed recorded in Docket 16212, Page 168;
EXCEPT any portion thereof which lies North of the South line of the property
conveyed to JOHN LOVERLING and PATRICIA LOVERLING, husband and wife, by
Deed recorded In Document No. 85-0613754; and
EXCEPT any portion thereof lying within the South 33 feet of said Section 35; and
EXCEPT any portion thereof lying within the property conveyed to the CITY OF
PHOENIX by Deed recorded November 30, 1987 In Document No. 87-0716033; and
EXCEPT that property described in Final Order of Condemnation recorded in
Document No. 2004-1092625.

122-95-008W
PARCEL 1:
The South 200 feet of the Following Described Property:
That Portion of the Southwest quarter of Section 35, Township 1 North Range 3 East of
the GIia and Salt River Base and Meridian, Maricopa County, Arizona, described as
follows:
COMMENCING at the Southwest comer of said Section 35;
Thence along the South line of said Section 35, as monumented, North 88 degrees 30
minutes 30 seconds East, a distance of 1015.53 feet;
Thence North 00 degrees 04 minutes 00 seconds West, a distance of 33.01 feet to the
North right of way line of Baseline Road and also the TRUE POINT OF BEGINNING;
Thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of
375.75 feet;
Thence North 88 degrees 30 minutes 30 seconds East, a distance of 170.00 feet;
Thence South 00 degrees 04 minutes 00 seconds East, a distance of 375.75 feet to
the North right of way line of Baseline Road;
Thence along said right of way line South 88 degrees 30 minutes 30 seconds West, a
distance of 170.00 feet to the TRUE POINT OF BEGINNING



Page 238
EXCEPT that portion described as follows:
That Portion of the Southwest quarter of Section 35, Township 1 North Range 3 East,
of the Gila and Salt River Base and Meridian, Maricopa County Arizona, described as
follows:
COMMENCING at the Southwest corner of said Section 35;
Thence North 88 degrees 30 minutes 30 seconds East, along the South line of said
Section 35, a distance of 1015.53 feet;
Thence departing said South line North 00 degrees 04 minutes 00 seconds West, a
distance of 33.01 feet to the POINT OF BEGINNING;
Thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 52.78
feet;
Thence North 88 degrees 30 minutes 30 seconds East, a distance of 32.85 feet;
Thence South 00 degrees 04 minutes 00 seconds East, a distance of 7.05 feet;
Thence South 65 degrees 11 minutes 31 seconds East, a distance of 24.17 feet;
Thence South 00 degrees 04 minutes 00 seconds East, a distance of 8.00 feet;
Thence North 88 degrees 30 minutes 30 seconds East, a distance of 115.22 feet;
Thence South 00 degrees 04 minutes 00 seconds East, a distance of 27.01 feet;
Thence South 88 degrees 30 minutes 30 seconds West, a distance of 170.00 feet to
the POINT OF BEGINNING.
Except that portion conveyed to the City of Phoenix September 13, 2006 in Document
No 2006- 1215152

PARCEL 2:
The South 240 feet of the following described property:
That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East,
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, lying South of
the Western Canal and described as follows:
BEGINNING at the point on the South line of Section 35, which bears North 88
degrees 30 minutes 30 seconds East, 1015.53 feet from the Southwest corner thereof;
thence North 00 degrees 04 minutes West, 775.75 feet to the South line of Western
Canal right-of-way;
thence South 89 degrees 07 minutes East, 570.29 feet along said Western Canal right-
of-way;
thence South 00 degrees 04 minutes East, 752.11 feet to the South line of said Section
35;
thence South 88 degrees 30 minutes 30 seconds West, 570.39 feet along said Section
line to the POINT OF BEGINNING.
EXCEPT the West 170 feet; and also EXCEPT the East 173 feet; and also
EXCEPT any portion lying South of the North line of the Following described property:
COMMENCING at the Southwest corner of said Section 35;
thence North 88 degrees 30 minutes 30 seconds East, along the South line of said
Section 35, a distance of 1185.53 feet;
thence departing said South line North 00 degrees 04 minutes 00 seconds West, a
distance of 33.01 feet to the POINT OF BEGINNING;
thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 27.01
feet;
thence North 88 degrees 30 minutes 30 seconds East, parallel with and 60.00 feet
North of said South line, a distance of 227 .39 feet;
thence South 00 degrees 04 minutes 00 seconds East, a distance of 27.10 feet;



Page 239
thence South 88 degrees 30 minutes 30 seconds West, parallel with and 33.00 feet
North of said line, a distance of 227 .39 feet to the POINT OF BEGINNING

PARCEL 3:
That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as
follows:
COMMENCING at the Southwest corner of said Section 35; THENCE along the South
line at said Section 35, as monumented North 88 degrees 33 minutes 30 seconds East
a distance of 1435.92 feet;
THENCE North 00 degrees 04 minutes 00 seconds West a distance of 33.01 feet to
the North right of way line of Baseline Road also being the TRUE POINT OF
BEGINNING;
THENCE continuing North 00 degrees 04 minutes 00 seconds West a distance of
546.10 feet;
THENCE North 88 degrees 33 minutes 30 seconds East a distance of 173.00 feet;
THENCE South 00 degrees 04 minutes 00 seconds East a distance of 546.10 feet to
the North right of way line of Baseline Road;
THENCE along said right of way line South 88 degrees 33 minutes 30 seconds West a
distance of 173.00 feet to the TRUE POINT OF BEGINNING;
EXCEPT any portion thereof lying Easterly of the East line of the property conveyed to
RONNIE COLWELL and BARBARA J. COLWELL, husband and wife, by Deed
recorded in Docket 12146, Page 791; and
EXCEPT any portion thereof lying within the property conveyed to JOHN LOVERING
and PATRICIA ANNE LOVERING, husband and wife, by Deed recorded in Document
No. 85-0613754, described as follows:
That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and being
more particularly described as follows:
COMMENCING at the Southwest corner of said Section 35;
THENCE North 88 degrees 33 minutes 30 seconds East along the South line of
Section 35 for 1412,92 feet; Unofficial Document
THENCE North 00 degrees 04 minutes 00 seconds West a distance of 419.10 feet to
the TRUE POINT OF BEGINNING;
THENCE continuing North 00 degrees 04 minutes 00 seconds West 110.00 feet;
THENCE North 88 degrees 33 minutes 30 seconds East 135.71 feet;
THENCE along the arc of a curve to the right 19.14 feet, radius 12.00 feet, central
angle 91 degrees 22 minutes 30 seconds whose long chord bears South 45 degrees
45 minutes 15 seconds East 17.17 feet;
THENCE South 00 degrees 04 minutes 00 seconds East a distance of 97.71 feet;
THENCE South 88 degrees 33 minutes 30 seconds West a distance of 148.00 feet to
the TRUE POINT OF BEGINNING; and
EXCEPT the property conveyed to the CITY OF PHOENIX by Quit Claim Deed
recorded August 2, 1986 in Document No. 86-0427056; and
EXCEPT the property conveyed to the CITY OF PHOENIX by Quit Claim Deed
recorded November 30, 1987 in Document No. 87-0716033; and
EXCEPT that property described in Final Order of Condemnation recorded in
Document No. 2004-1092625.




Page 240
PARCEL 4:
A strip of land approximately 23 feet in width located in the Southwest quarter of
Section 35, Township 1 North, Range 3 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona, which is bounded on the North by the South right
of way line of the Western canal, which Is bounded on the East by the Westerly line of
the parcel of land set forth in Deed recorded in Docket 16256, Page 1361 and also by
the Westerly line (and its Southerly prolongation) of the parcel of land set forth In Deed
recorded In Docket 16090, Page 197, bounded in the South by the South line of said
Section 35, and bounded on the West by the Easterly line of the parcel of land set forth
In Deed recorded in Docket 16212, Page 168;
EXCEPT any portion thereof which lies North of the South line of the property
conveyed to JOHN LOVERLING and PATRICIA LOVERLING, husband and wife, by
Deed recorded In Document No. 85-0613754; and
EXCEPT any portion thereof lying within the South 33 feet of said Section 35; and
EXCEPT any portion thereof lying within the property conveyed to the CITY OF
PHOENIX by Deed recorded November 30, 1987 In Document No. 87-0716033; and
EXCEPT that property described in Final Order of Condemnation recorded in
Document No. 2004-1092625.

122-95-008T
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 1
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
ARIZONA, LYING SOUTH OF THE WESTERN CANAL AND DESCRIBED AS
FOLLOWS:
BEGINNING AT A PORTION OF THE SOUTH LINE OF SAID SECTION 35, WHICH
BEARS NORTH 88 DEGREES 30 MINUTES 30 SECONDS EAST, A DISTANCE OF
1015.53 FEET FROM THE SOUTHWEST CORNER THEREOF;
THENCE NORTH O DEGREES 04 MINUTES WEST, A DISTANCE OF 775.75 FEET
TO THE SOUTH LINE OF THE WESTERN CANAL RIGHT OF WAY;
THENCE SOUTH 89 DEGREES 07 MINUTES EAST, A DISTANCE OF 570.29 FEET
ALONG SAID WESTERN CANAL RIGHT OF WAY;
THENCE SOUTH O DEGREES 04 MINUTES EAST, A DISTANCE OF 752.11 FEET
TO THE SOUTH LINE OF SAID SECTION 35;
THENCE SOUTH 88 DEGREES 30 MINUTES 30 SECONDS WEST, A DISTANCE OF
570.39 FEET ALONG SAID SECTION LINE TO THE POINT OF BEGINNING;
EXCEPT THE WEST 170 FEET THEREOF; AND ALSO EXCEPT THE EAST 173
FEET THEREOF; AND ALSO EXCEPT THE SOUTH 240 FEET THEREOF.

122-95-008Q
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 1
NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTH WEST CORNER OF SAID SECTION 35;
THENCE NORTH 88 DEGREES 33 MINUTES 30 SECONDS EAST ALONG THE
SOUTH
LINE OF SECTION 35 FOR 1412.92 FEET;
THENCE NORTH 00 DEGREES 04 MINUTES 00 SECONDS WEST AT DISTANCE
OF 419.10 FEET TO THE TRUE POINT OF BEGINNING;



Page 241
THENCE CONTINUING NORTH 00 DEGREES 04 MINUTES 00 SECONDS WEST
110.00 FEET;
THENCE NORTH 88 DEGREES 33 MINUTES 30 SECONDS EAST, 135.71 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT 19.14 FEET, RADIUS
12.00 FEET
CENTRAL ANGLE 91 DEGREES 22 MINUTES 30 SECONDS WHOSE LONG
CHORD BEARS SOUTH 45 DEGREES 45 MINUTES 15 SECONDS EAST 17 FEET;
THENCE SOUTH 00 DEGREES 04 MINUTES 00 SECONDS EAST A DISTANCE OF
97.71 FEET;
THENCE SOUTH 88 DEGREES 33 MINUTES 30 SECONDS WEST A DISTANCE OF
148.00 FEET TO THE TRUE POINT OF BEGINNING.


122-95-008P
THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 1 NORTH
AND RANGE 3 EAST; ALONG THE SOUTH LINE AT SAID SECTION 35, MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE ALONG THE SOUTH LINE AT SAID SECTION 35, AS MONUMENTED
NORTH 88 DEGREES, 33' 30" EAST A DISTANCE OF 1412.92;
THENCE NORTH 00 DEGREES, 04' 00" WEST A DISTANCE OF 579.11 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES, 04' 00" WEST A DISTANCE OF
179.22 TO THE SOUTH RIGHT OF WAY LINE OF THE WESTERN CANAL;
THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89 DEGREES, 03' 57" EAST A
DISTANCE OF 149.98 FEET;
THENCE SOUTH 00 DEGREES, 04' 00" EAST A DISTANCE OF 174.03 FEET;
THENCE SOUTH 88 DEGREES, 33' 30" WEST A DISTANCE OF 173.00 FEET TO
THE TRUE POINT OF BEGINNING.




Page 242
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Staff Report: PHO-1-21--Z-10-18-8

APPLICATION #: PHO-1-21--Z-10-18-8

LOCATION: Northwest corner of 27th Street and Baseline Road

EXISTING ZONING: C-1 BAOD

ACREAGE: 10.31

REQUEST: 1) Modification of Stipulation 1 regarding general conformance
to the conceptual planting plan date stamped June 25, 2018.
2) Deletion of Stipulation 1.a regarding the quantity and
configuration of drive-through facilities.
3) Deletion of Stipulation 1.b regarding the configuration of
27th Street.
4) Deletion of Stipulation 2 regarding general conformance to
elevations date stamped February 12, 2018.
5) Modification of Stipulation 2.a regarding pitched roof
elements.
6) Modification of Stipulation 2.b regarding an equestrian
corral area.

APPLICANT: Cassandra Ayres, Beus Gilbert McGroder, PLLC

OWNER: Baseline 25, LLC

REPRESENTATIVE: Paul Gilbert, Beus Gilbert McGroder, PLLC

STAFF RECOMMENDATION
Denial as filed and approval with modifications and additional stipulations, as
recommended by the Planning Hearing Officer.

PLANNING HEARING OFFICER RECOMMENDATION
The Planning Hearing Officer heard this case on July 21, 2021 and recommended a
continuance to the August 18, 2021 agenda. The Planning Hearing Officer heard this
case on August 18, 2021 and recommended denial as filed and approval with
modifications and additional stipulations.




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VILLAGE PLANNING COMMITTEE RECOMMENDATION
The South Mountain Village Planning Committee heard this case on July 13, 2021 and
recommended denial as filed and approval with modifications by a vote of 10-1-1.

BACKGROUND/REQUEST
The subject site is located on 10.31 gross acres located at the northwest corner of 27th
Street and Baseline Road and is zoned C-1 BAOD (Neighborhood Retail, Baseline Area
Overlay District). This case was heard concurrently with PHO-2-21—Z-63-05-8 and PHO-
1-21—Z-59-18-8 which have not been appealed. The conceptual plans in all three cases
depict the same development of a 15.54-gross acre site and comprise the subject
properties.

The proposed conceptual site plan depicts the subject site of the three companion cases
developing in a unified fashion with a mixed-use development. A combination of five
commercial, retail, and drive-through businesses are depicted along Baseline Road
comprising approximately 19,098 total square feet, with individual establishments
between 2,050 and 6,500 square feet. Behind the commercial development, adjacent to
the Western Canal, is a multifamily residential complex containing 138 units at a density
of 16.99 dwelling units per gross acre. Open spaces are distributed throughout the
development with a variety of pedestrian, equestrian, and recreational amenities adjacent
to the canal. Conceptual elevations were provided for the multifamily buildings only and
depict a façade that integrates stone, pop outs, balconies, shade awnings, multiple
window sizes and styles, and variation in the roofline and pitches. The proposal is
compatible in scale and intensity with existing development in the surrounding area.

The applicant requested modification of Stipulation 1, regarding general conformance to
the conceptual planting plan date stamped June 25, 2018. The applicant stated the
proposed use is allowed in the C-1 BAOD zoning district and the development will comply
with the regulations of the BAOD.

The applicant requested deletion of Stipulation 1.a regarding the quantity and
configuration of drive-through facilities. This stipulation was established to apply to the
quantity and configuration of drive-throughs as depicted on the stipulated conceptual
planting plan presented in the original rezoning case. The applicant stated that a limit on
the number of drive-through restaurants was not appropriate as this is a use otherwise
permitted by right, subject to performance standards, in this zoning district. The applicant
stated that appropriate screening is provided and windows will face away from adjacent
residential areas.

The applicant requested deletion of Stipulation 1.b regarding the configuration of 27th
Street. Stipulation 1.b required the project to be developed in specific regard to the
configuration of 27th Street and its alignment with the existing portion of 27th Street south
of Baseline Road, as depicted on the stipulated plan. The applicant argued that this
stipulation was originally proposed in the event a traffic signal were required at that
intersection in the future and stated that the proposed development did not meet the
signal warrants necessary to justify the installation of a traffic signal. They also stated that



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there is public opposition to the alignment. They stated that they believed the stipulation
was a last-minute addition at the June 27, 2018 City Council meeting and requested
deletion of the stipulation.

The applicant stated that a door-to-door survey was completed within an 850-foot radius
of the site and found residents supported the proposed development and no resident
surveyed was in support of the realignment of 27th Street. The applicant noted that the
result of this outreach was submitted to the Planning Hearing Officer (Exhibit M).

At the hearing, the applicant discussed the recommended realignment and stated that
CivTech, a traffic engineering firm, completed a study on the intersection that noted a
realignment would not alleviate traffic concerns near the site. They stated the study noted
the potential number of users of 27th Street would not necessitate a realignment or a
traffic signal at the intersection of 27th Street and Baseline Road. This study was not
made available to staff in the initial application or during the Planning Hearing Officer
hearing. They noted that the wait times to cross Baseline Road would not decrease due
to a realignment and that a traffic signal at the intersection could increase cut-through
traffic through the neighborhood south of the subject property and across Baseline Road.
They stated that traffic accidents that have occurred at the intersection have largely been
rear-end collisions and not due to the existing turn movements at the existing
intersections. They stated that the realignment is not an exaction that meets the
proportionality requirement as established by previous court cases and existing state
statutes.

The applicant requested deletion of Stipulation 2 regarding general conformance to
elevations date stamped February 12, 2018. They stated that the proposed elevations
were for the multifamily portion of the site and that elevations were not proposed for the
commercial sites because the potential users of the commercial pads have not been
identified.

The applicant requested modification of Stipulation 2.a regarding pitched roof elements.
The applicant requested to modify this stipulation to apply to “some of the buildings in the
development.” At the Planning Hearing Officer hearing, the applicant stated that this
modification request was discussed at the South Mountain Village Planning Committee
meeting and was recommended to be retained and that the applicant decided not to
pursue the original proposed modification of this stipulation.

The applicant requested modification of Stipulation 2.b regarding an equestrian corral
area. The applicant stated in their narrative that there are potential liability issues
regarding a privately owned and maintained corral for open public use. The applicant
proposed alternative language that still requires equestrian related amenities while
eliminating the specific requirement for a corral.

PREVIOUS HISTORY
On June 27, 2018, the Phoenix City Council approved Rezoning Case No. Z-10-18-8, a
request to rezone approximately 10.55 acres on the northwest corner of 27th Street and



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Baseline Road from R1-14 BAOD (One-Family Residence, Baseline Area Overlay
District), R1-14 BAOD (Approved C-1 BAOD) (One-Family Residence, Baseline Area
Overlay District, Approved Neighborhood Retail, Baseline Area Overlay District), and R1-
14 BAOD (Approved R1-10 BAOD) (One-Family Residence, Baseline Area Overlay
District, Approved Single-Family Residence District, Baseline Area Overlay District) to
C-1 BAOD (Neighborhood Retail, Baseline Area Overlay District), subject to stipulations.
On the same day, the Phoenix City Council also approved companion General Plan
Amendment Case No. GPA-SM-2-18-8 to amend the General Plan Land Use Map
designation from Residential 1 to 2 dwelling units per acre and Residential 5 to 10
dwelling units per acre to Commercial for the subject site.

Public correspondence received in response to the original rezoning case included
concerns about the number of fast food restaurants in the area, increased traffic, and
showed a desire for healthy restaurants and grocery stores.

At the May 8, 2018 South Mountain Village Planning Committee meeting, the applicant
presented two conceptual street alignments for 27th Street and stated that they were
continuing to work with staff on this issue. A nearby resident stated that a traffic light was
not desired at the intersection. Multiple residents stated they did not wish to see fast food
restaurants on the site, but desired shopping, healthy restaurants, and medical offices
instead. The Committee ultimately recommended an additional stipulation requiring the
alignment with the understanding that the specific design was yet to be approved by the
City. The Committee also recommended two other stipulations that required no more
than two drive-through facilities and that prior to any Planning Hearing Officer hearing,
additional interested residents must be added to the notification.

At the June 7, 2018 Planning Commission meeting, the Commission recommended
approval per the original staff recommendation primarily based on concerns regarding the
Village Planning Committee’s recommendation and related public comments at the
Commission meeting regarding enforceability of proposed restrictions on drive-through
and restaurant uses. At the hearing, concerns were raised regarding the alignment and
nearby residents stated that a traffic light would not be preferred at this intersection, but
rather at the intersection of 28th Street and Baseline Road. The desire for healthy
restaurants was also a point of emphasis amongst the public at the hearing. The
applicant stated that they had been working to identify healthy restaurants to bring to the
site.

Following this hearing, the applicant submitted a revised conceptual plan, date stamped
June 25, 2018, that depicted the alignment of 27th Street to align with the existing portion
south of Baseline Road. Staff reviewed this plan and subsequently issued a City Council
Backup Memo dated June 27, 2018 which recommended general conformance to this
plan with specific regard to the alignment as depicted.

At the City Council Formal Meeting on June 27, 2018, a public hearing was opened
regarding the rezoning case and General Plan Amendment. A review of the proposed
conceptual plan was presented, and the City Council Backup Memo was summarized.



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The Backup Memo provided three modifications to the stipulations recommended by the
Planning Commission, which are summarized below. The applicant stated that a
compromise had been made with the neighborhood over their concerns and stated they
had worked with staff regarding the stipulation language. The item was approved per this
memo with the applicant in support.

Stipulation 1 of the original rezoning case requires general conformance with the
conceptual planting plan date stamped June 25, 2018 with specific regard to two
components of that plan. The stipulated conceptual planting plan in the original case
depicts six commercial buildings on the site, with the majority of the parking provided in
the middle of the site. It includes five restaurants, two retail spaces, and two medical
spaces. Stipulation 1.a calls for specific regard to the quantity and configuration of drive
through facilities. Four drive-through restaurants are depicted on the conceptual planting
plan that face away from the residential neighborhood to the east. Stipulation 1.b calls for
specific regard to the alignment of 27th Street at the intersection on Baseline Road. The
stipulated conceptual planting plan depicts the alignment of 27th Street aligning with 27th
Street on the south side of Baseline Road. The alignment then progresses north and
shifts to the northeast and connects to Darrow Street, which enters the Mountain Grove
neighborhood. The street splits the development, and a drive-through restaurant pad is
depicted east of 27th Street. Stipulation 11 requires that the developer notify interested
community members in the case of a Planning Hearing Officer hearing to modify or
delete stipulations.

NEIGHBORHOOD CONCERNS

Public Correspondence
Thirty-four letters were received regarding this request in addition to a petition signed by
24 people. Concerns expressed in the correspondence include the following:

• Opposition to the alignment of 27th Street
o Increased traffic on 27th Street (13 letters);
o Creation of additional safety hazards (12 letters);
o Concerns regarding requirement for residents of Mountain Grove
subdivision to the east to drive past commercial development to enter their
community (13 letters);
o Decrease in housing values (1 letter);
o Decreased distance from restaurant uses (1 letter).

• Support of the development
o The proposal will alleviate existing safety concerns on the vacant properties
(18 letters);
o The proposal provides less commercial intensity than the original stipulated
plan (21 letters);
o Enhance attractiveness of area (15 letters).




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• Petition Summary
o Fulfills demand for new housing in area;
o Provides new benefits for the existing community;
o Proposed development will provide less of an impact to the surrounding
neighbors compared to the original stipulated plan.

GENERAL PLAN LAND USE MAP DESIGNATION

Commercial

CHARACTER OF SURROUNDING LAND USE

Zoning Land Use

On-site: C-1 BAOD Single-family detached, vacant

North: R1-8 SP BAOD Canal, Golf course

South: MUA HP BAOD, Event center,
(Across Baseline Road) R1-8 BAOD Single-family detached

East: R-2 BAOD Single-family detached

West: C-1 BOAD Vacant
(Across 25th Street)

PLANNING HEARING OFFICER FINDINGS
The Planning Hearing Officer’s recommendation was based on the following findings:

1) This case was heard as a companion case to PHO-2-21--Z-63-05-8 and PHO-1-
21--Z-59-18-8. The conceptual site plan and building elevations are the same in
these three cases. The subject property in this case was originally envisioned to
develop as a standalone commercial retail center and was stipulated to a site plan
depicting a variety of drive-through restaurants and retail spaces in five individual
buildings at a total of 58,140 square feet.

The proposed conceptual site plan depicts the subject property of the three
companion cases developing in a unified fashion with a mixed-use development.
A combination of five commercial, retail, and drive-through businesses are
depicted along Baseline Road comprising approximately 19,098 total square feet,
with individual establishments between 2,050 and 6,500 square feet. Behind the
commercial development, adjacent to the Western Canal, is a multifamily
residential complex containing 138 units at a density of 16.99 dwelling units per
gross acre. Open spaces are distributed throughout the development with a variety
of pedestrian, equestrian, and recreational amenities adjacent to the canal.
Conceptual elevations were provided for the multifamily buildings only and depict a



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façade that integrates stone, pop outs, balconies, shade awnings, multiple window
sizes and styles, and variation in the roofline and pitches. The proposal is
compatible in scale and intensity with existing development in the surrounding
area. General conformance to the proposed conceptual plans is recommended.

2) Stipulation 1.a was intended to apply solely to the specific quantity and
configuration of drive-throughs as depicted on the stipulated conceptual planting
plan presented in the original rezoning case. The stipulation is not relevant if this
original plan is no longer stipulated. The South Mountain Village Planning
Committee recommended revised language prohibiting drive-through facilities. It is
not recommended to adopt any stipulation language that prohibits uses otherwise
permitted in a zoning district. Therefore, the applicant’s request to delete this
stipulation is recommended to be approved.

3) Stipulation 1.b required the project to be developed in specific regard to the
configuration of 27th Street and its alignment with the existing portion of 27th
Street south of Baseline Road, as depicted on the stipulated plan. The applicant
argued that this stipulation was originally proposed in the event a traffic signal
were required at that intersection in the future and stated that the proposed
development did not meet the signal warrants necessary to justify the installation
of a traffic signal. They also stated that there is public opposition to the alignment.
They stated that they believed the stipulation was a last-minute addition at the
June 27, 2018 City Council meeting and requested deletion of the stipulation.

It is not an accurate assessment to state that the stipulation was a last-minute
addition at the City Council. Discussion regarding this proposed alignment was
continuous throughout the original rezoning case process. The Street
Transportation Department staff recommendation in the original rezoning case,
dated March 16, 2018, stated that staff recommends the alignment to improve
access to Baseline Road. They did note that the intersection may be signalized if
warrants were met, but this was not the sole intention of the recommendation. In
the applicant’s Neighborhood Meeting Summary for a community meeting held
April 16, 2018, during processing of the case, they indicated that they discussed
the proposed alignment with community members and stated that while
discussions were ongoing with staff, they were optimistic that they could
accomplish a design that included the alignment. The Staff Report for Rezoning
Case No. Z-10-18 dated May 1, 2018 referenced these discussions and noted a
lack of certainty regarding the ultimate outcome of the alignment. This lack of
certainty was the primary reason why general conformance to the conceptual site
plan date stamped February 12, 2018, which was the site plan included in the staff
report, was not recommended at that time. At the May 8, 2018 South Mountain
Village Planning Committee meeting, the applicant presented two conceptual
street alignments for 27th Street and stated that they were continuing to work with
staff on this issue. The Committee ultimately recommended an additional
stipulation requiring the alignment with the understanding that the specific design
was yet to be approved by the City. At the June 7, 2018 Planning Commission



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meeting, the Commission recommended approval per the original staff
recommendation primarily based on concerns regarding the Village Planning
Committee’s recommendation and related public comments at the Commission
meeting regarding enforceability of proposed restrictions on drive-through and
restaurant uses. Following this meeting, the applicant submitted a revised
conceptual plan, date stamped June 25, 2018, that depicted the alignment of 27th
Street with the existing portion south of Baseline Road. Staff reviewed this plan
and subsequently issued a City Council Backup Memo dated June 27, 2018 which
recommended general conformance to this plan with specific regard to the
alignment as depicted. At the June 27, 2018 City Council meeting, the item was
approved per this memo with the applicant in support.

The applicant’s argument that the proposed development did not meet the signal
warrants necessary to justify the installation of a traffic signal is unclear. Street
Transportation Department staff noted that they have not received a Traffic Impact
Study that addresses signal warrant analysis for 27th Street and Baseline Road.
The most recent study submitted for this location was in 2018 and did not include
signal warrant analysis. Further, this study was relevant to the original
development proposal from the 2018 rezoning case. No study has been provided
that is relevant to the current development proposal, which is for a significantly
different project. Finally, as stated above, staff supports the alignment of 27th
Street independent from the specific outcome of a traffic signal analysis at this
intersection.

The staff position regarding the proposed alignment has not changed over time.
Regarding the current request, the Street Transportation Department has stated
that they do not support the current site plan layout with specific regard to the
depicted misalignment of 27th Street. The Street Transportation Department
supports the realignment of 27th Street with the existing portion of this street south
of Baseline Road. Staff noted that the alignment of 27th Street would improve
traffic safety in the surrounding area by removing overlapping vehicle turns,
providing predictability and consistency in the street grid, and creating a potential
location for a future traffic signal.

For these reasons, the applicant’s request to delete the stipulation is
recommended to be denied as filed and approved with a modification. The
modification provides new language that addresses the need to revise the site
plan to depict the alignment of 27th Street which is not present on the proposed
plan.

4) Stipulation 2 regarding general conformance to elevations is no longer required
given the recommendation in this hearing regarding Stipulation 1. The applicant’s
request for deletion is recommended for approval.

5) Stipulation 2.a requires all buildings to provide pitched roofs. The applicant
requested to modify this stipulation to apply to “some of the buildings in the



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development”. This language lacks clarity as to how many buildings this could or
should apply to. The Baseline Area Overlay District (BAOD) already contains a
design presumption regarding pitched roofs. The original intent of this stipulation
was to enhance the rural or agrarian character by making this presumption a
requirement. However, this property is now being developed in conjunction with
two other adjacent companion rezoning cases. Neither of these cases contain this
stipulation and the BAOD will apply to all property in all three cases. Therefore,
the applicant’s request for modification is recommended to be denied as filed and
approved as a deletion. This will provide consistency between the stipulations in
the three cases. Note that the recommended deletion of Stipulation 2 and 2.a
leaves Stipulation 2.b. As Stipulation 2.b was not part of the applicant’s request,
the text of this stipulation becomes the text of Stipulation 2 by default.

6) New Stipulation 2.b (Original Stipulation 3.b) requires an equestrian corral area.
(Note that Ordinance G-6478 regarding Rezoning Case No. Z-10-18-8 was
mistakenly issued in legislative edit form. The original Stipulation 2.b was
renumbered as Stipulation 3.b. In this PHO request it was advertised as
Stipulation 2.b, which is also the new stipulation number based on this
recommendation.) The applicant argued that there are potential liability issues
regarding a privately owned and maintained corral intended for open public use.
Therefore, they proposed alternative language that still requires equestrian related
amenities while eliminating the specific requirement for this to be a corral. This is
consistent with the original intent of the stipulation and is recommended for
approval with minor modifications to clarify the requirements.

7) Street Transportation Department staff recommended an additional stipulation
regarding a pedestrian pathway to provide safe pedestrian access through the site
to the public sidewalk on Baseline Road. The stipulation is intended to provide
safe pedestrian access to the commercial center as well as the bus stop on
Baseline Road. An abandonment is anticipated along the 25th Street alignment
where a sidewalk would have otherwise been required. The stipulation is not
prescriptive regarding the form of shading along this pathway. Shade may be
provided through a combination of landscaping and/or structural shade. This
additional stipulation is recommended for adoption.

8) The South Mountain Village Planning Committee recommended a new stipulation
requiring cross-access easements between all commercial and multifamily
portions of the development and to the west. However, the proposed conceptual
plans are for a unified development that already depicts this access. Significant
deviation from the proposed plans would necessitate further public hearings in
which this recommendation could be reassessed. This stipulation is not
recommended to be adopted.

9) An additional stipulation is recommended to require the developer to execute a
Proposition 207 waiver of claims. This form is a requirement of the Planning
Hearing Officer process and was not completed prior to the hearing.



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PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS

1. The development shall be in general conformance with the SITE PLAN
AND ELEVATIONS conceptual planting plan date stamped MAY 26, 2021
June 25, 2018, as modified by the following stipulations and approved by
the Planning and Development Department, and with specific regard to the
following:

a. The quantity and configuration of drive-through facilities on the subject
site.

a. THE SITE PLAN SHALL BE MODIFIED TO ALIGN 27TH STREET
b. WITH THE EXISTING PORTION OF 27TH STREET SOUTH OF
BASELINE ROAD OR PROVIDE AN ALTERNATIVE AS APPROVED
BY THE STREET TRANSPORTATION AND PLANNING AND
DEVELOPMENT DEPARTMENTS.

The configuration of 27th Street, which aligns with the existing portion
of 27th Street south of Baseline Road.

2. The development shall be in general conformance with the elevations date
stamped February 12, 2018, as modified by the following stipulations and
approved by the Planning and Development Department.

a. Pitched roof elements shall be incorporated in all buildings.

b. All building elevations, including those facing or visible from the
Western Canal, shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses,
variation in window size and location, and/or other overhang canopies.

3. The developer shall provide the following amenities and open public access
to the amenities, as approved by the Planning and Development
Department:

a. A multi-use trail or shared-use path which provides connectivity
between Baseline Road and the Western Canal, in accordance with the
MAG supplemental details.

b. Equestrian corral AMENITY area containing hitching posts for horses,
WATER FOR EQUINE CONSUMPTION, AND STRUCTURAL OR
LANDSCAPED SHADING along the northern property align LINE
adjacent to the Western Canal.

c. Minimum of two shaded benches, along the northern property align



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adjacent to the Western Canal.

d. Bicycle parking area containing a minimum of eight spaces. The
bicycle parking area shall utilize inverted-U bicycle racks or a similar
design that accommodates lock placement on both wheels and the
frame.

4. Any solid portion of a perimeter wall adjacent to the Western Canal shall not
exceed a maximum height of three feet, as approved by the Planning and
Development Department.

5. No drive-through facility shall locate its drive-through window facing a
residential use or Baseline Road, as approved by the Planning and
Development Department.

6. Drive-throughs shall be screened from view of public rights-of-way and
residential uses with a landscaped berm or a combination of a wall and
landscaped berm at least four feet in height, as approved by the Planning
and Development Department.

7. The developer shall dedicate a 30-foot wide multi-use trail easement
(MUTE) along the north side of Baseline Road and construct a minimum 10-
foot wide multi-use trail (MUT) within the easement, in accordance with the
MAG supplemental detail and as approved by the Parks and Recreation
and Planning and Development Departments.

8. The location of the bus stop along Baseline Road shall be approved by the
Public Transit Department.

9. THE DEVELOPER SHALL PROVIDE A MINIMUM 5-FOOT-WIDE
SHADED PEDESTRIAN PATHWAY ALONG THE EAST SIDE OF THE
25TH STREET ALIGNMENT PROVIDING A DIRECT CONNECTION
FROM THE PROPOSED MULTIFAMILY RESIDENTIAL DEVELOPMENT
TO THE PUBLIC SIDEWALK ALONG BASELINE ROAD, AS APPROVED
OR MODIFIED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

10. The developer shall construct all streets within and adjacent to the
9. 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.

11. In the event archaeological materials are encountered during construction,
10. the developer shall immediately cease all ground-disturbing activities within



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Staff Report – PHO-1-21—Z-10-18-8
October 7, 2021 Planning Commission


a 33-foot radius of the discovery, notify the City Archaeologist, and allow
time for the Archaeology Office to properly assess the materials.

12. The developer shall notify the following individuals at a minimum 10
11. calendar days prior to any Planning Hearing Officer request to modify or
delete stipulations. The notice shall include the date, time and location of
the hearing.

a. Tanis Earle
3602 East Vineyard Road
Phoenix, AZ 85042

b. Sandy Bawden
3232 East Vineyard Road
Phoenix, AZ 85042

c. Kay Gunter
1821 East Latona Road
Phoenix, AZ 85042

d. Deandra Ervin
2914 East Constance Way
Phoenix, AZ 85042

e. Linda Martin
7049 South Golfside Lane
Phoenix, AZ 85042

f. Stephanie Watney
834 East Beverly Road
Phoenix, AZ 85042

g. Anthony Siglar
2727 East Donnor Drive
Phoenix, AZ 85042

h. Kenneth And June Wood
2447 East Fremont Road
Phoenix, AZ 85042

i. Melissa Hinkle
7051 South 27th Way
Phoenix, AZ 85042




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October 7, 2021 Planning Commission


j. Steve And Robin Martin
8517 South 30th Way
Phoenix, AZ 85042

k. Heather Cannon
8032 South 27th Way
Phoenix, AZ 85042

l. Hayime Monge
7507 South 27th Terrace
Phoenix, AZ 85042

m. Steven Pace
2198 East Camelback Road, Suite 210
Phoenix, AZ 85016

n. Linda Anquoe
3923 East Carson Road
Phoenix, AZ 85042

o. Kent June
3917 East St. Catherine Avenue
Phoenix, AZ 85042

p. Monique Bontrager
6401 South 37th Street
Phoenix, AZ 85042

q. Amy Schneider
3232 East Maldonado
Phoenix, AZ 85042

r. Kim Figgins
2918 East Dunbar Drive
Phoenix, AZ 85042

13. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A
FORM APPROVED BY THE CITY ATTORNEY'S OFFICE. THE WAIVER
SHALL BE RECORDED WITH THE MARICOPA COUNTY RECORDER'S
OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED IN THE
REZONING APPLICATION FILE FOR RECORD.




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October 7, 2021 Planning Commission


EXHIBITS
A – Appeal Document (3 pages)
B – Applicant’s Narrative (10 pages)
C – Aerial Map (1 page)
D – Zoning Map (1 page)
E – Ordinance No. G-6478 from Rezoning Case No. Z-10-18-8 (8 pages)
F – Sketch Map from Rezoning Case No. Z-10-18-8 (1 page)
G – Proposed Site Plan date stamped May 26, 2021 (3 pages)
H – Stipulated Conceptual Planting Plan date stamped June 25, 2018 (1 page)
I – Proposed Elevations date stamped May 26, 2021 (4 pages)
J – Stipulated Elevations date stamped February 12, 2018 (1 page)
K – South Mountain Village Planning Committee Summary from July 13, 2021 (9 pages)
L – PHO Summary for PHO-1-21--Z-10-18-8 (15 pages)
M – Public Correspondence (39 pages)




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EXHIBIT A




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EXHIBIT B




Page 262
BEUS GILBERT mcgroder
PLLC
ATTORNEYS AT LAW

701 NORTH 44TH STREET
PHOENIX, ARIZONA 85008-6504
FAX (480) 429-3111

PAUL E. GILBERT
DIRECT (480) 429-3002 E-MAIL: PGILBERT@BEUSGILBERT.COM


100512.01



June 21, 2021


Via Hand Delivery

Planning and Development Department
2nd Floor – Zoning Counter
200 West Washington Street
Phoenix, AZ 85003


Re: Stipulation Modification Request (Case Nos. PHO-2-21 – Z-63-05-8, PHO-1-21 –
Z-59-18-8, and PHO-1-21 – Z-10-18-8) - Amended

This application seeks to modify stipulations from three separate zoning cases (Z-63-05,
Z-59-18, and Z-10-18) for properties located at the northwest corner of 27th Street and Baseline
Road. The developers intend to
assemble the ten parcels
(collectively, the “Property”) subject
to the above zoning cases and
develop them as an integrated unit
with commercial uses along
Baseline Road and residential uses
adjacent to the canal.

Proposed Project

The Applicant, Beus Gilbert
McGroder, PLLC, is representing
Baseline 25, LLC (“Baseline 25”),
Baseline RITD, LLC, Vahik
Sahakian, and LG Acquisitions,
LLC (“LGA”) in this application.
Baseline 25 is developing a retail
component on the southern half of


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the Property, and LGA is developing a residential component on the northern half of the Property.
Importantly, this application does not seek to rezone the Property. All the uses are allowed under
their current zoning (i.e., C-1). However, as there were three separate zoning cases with three
separate sets of stipulations, the developers need to modify some of the stipulations in the previous
cases in order to develop the Property as a whole. Additional background on the developers and
reasons underlying this application to modify certain stipulations are described in greater detail
herein.

Baseline 25, the developer of the retail portion adjacent to Baseline Road, is led by Randy
Raskin, a long-time local developer of various commercial and residential projects in the south
and southwest Valley. Previous examples of some Mr. Raskin’s projects include, among others:
• Estrella Mountain Village Center, a mixed use 85-acre project with a 13-acre LA
Fitness-anchored retail development at the northwest corner of 51st Avenue and
Baseline Road;
• A Walmart Super Center and 60,000 square feet of shops at the southwest corner
of 35th Avenue and Southern Avenue;
• A Walgreens-anchored development with 65,000 square feet of shops at the
northeast corner of 35th Avenue and Southern Avenue;
• A mini-storage and Dunkin Donuts development at southwest corner of 19th
Avenue and Baseline Road;
• A 40-acre mixed-use development at the northwest corner of Dobbins and 51st
Avenue; and
• A Big Lots-anchored 103,000 square foot retail center redevelopment at the
northwest corner of 35th Avenue and Baseline Road.

LGA, which is helmed locally by Jay Ramos, develops industrial, retail, self-storage, single family
projects, but focuses on Class A rental communities. LGA has developed over 3,000 units since
2015 and currently has 4,700 units in development or construction. LGA Multifamily was
recognized as one the nation’s leading developers in 2019 by the National Multi Housing Council.
LGA’s markets include Dallas, Austin, Raleigh, and Phoenix. Each of LGA’s products is designed
specifically for the environment and neighborhood in which it is developed. LGA believes that
good design, focused on each location, yields better neighborhoods.

The image of the proposed site plan below, a larger version of which is included in this
application packet, represents the mix of retail and multifamily uses the developers are proposing.
Importantly, the proposed development complies with material aspects of Section 651 of the
Zoning Ordinance, the Baseline Area Overlay District (“BAOD”) that governs development of the
properties. In particular as described herein, the proposed development fulfills the purpose of the
BAOD in that it “protects the rural, agricultural character of the area while allowing development
in accord with the Baseline Area Master Plan.”




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Multifamily – The properties are zoned C-1, which allows multifamily development under
the R-3 zoning category (Section 615 of the Zoning Ordinance). Specifically, LGA is proposing
to utilize the Planned Residential Development (“PRD”) option of the R-3 zoning category to
construct 138 total units comprised of 1-, 2-, and 3-bedroom units with a mix of surface parking
and tuck-under garages. The maximum density on the site using the PRD option is 17.40 dwelling
units per acre with the bonus (15.23 without). The multifamily portion is 8.12 gross acres with a
unit count of 138, which results in a density of 16.99 dwelling units per acre. Section 608.I.2 of
the Zoning Ordinance provides guidance on additional amenities a developer can provide in order
to achieve bonus density. LGA needs 32 bonus points in order to achieve an additional 1.76
dwelling units per acre. However, as shown on the proposed site plan, LGA is providing amenities
that achieve 60 bonus density points, including but not limited to, a major entry feature into the
multifamily development, accent material at the drive entry, furniture along the multi-use trail
from Baseline to the Western Canal and along the Western Canal, and recreational amenities for
the development.

The multifamily portion complies with the BAOD, but in particular, the multifamily
portion maintains the overall BAOD requirement that no structures exceed two-stories or 30 feet,
and the BAOD requirement specific to multifamily development that a minimum of one-third of
the buildings do not exceed one-story or 15 feet. Three of the four buildings in the multifamily
portion that abut the Western Canal are single story buildings. The multifamily development
includes a dog park, shaded seating along the Western Canal, exterior view fencing , pedestrian
connectivity to both the retail portion and the Western Canal, appropriate landscaping, clubhouse


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amenities, and maintains the multiuse trail easement along the eastern portion of the site that will
provide pedestrian and equestrian connectivity between the Western Canal and Baseline Road.
LGA is proposing a “prairie ranch house” architectural style as an homage to the rural, agricultural,
and equestrian nature of the area.

Retail – The retail portion of the site is intended to be developed with five pad sites that
are compatible with the needs of the community, including a mix of service retail and restaurants,
all of which are allowed in C-1. Baseline 25 is in negotiations for development of four of the five
pad sites. Thus, upon approval of this application, four of the pad sites will be in a position to file
their own site-specific development applications. The developers are seeking a site plan
substitution in connection with this application and are submitting proposed elevations for the
multifamily portion. However, since the individual pad sites will need to file their own site-
specific design and/or construction applications, the developers are not submitting proposed
elevations in connection with this application in order to avoid a bombardment of stipulation
modification requests. Such an approach would not be a productive use of either the City’s or the
neighbors’ time and resources.

As stated above, since the properties are governed by three separate zoning cases, each
with their own stipulations, the developers must seek a modification of some of the stipulations in
each case in order to develop the site as an integrated, cohesive unit. The stipulations the
developers are seeking to modify from each case are discussed below.

Case PHO-2-21 – Z-63-05-8

Introduction

On August 31, 2005, the then owner
received approval from the City Council to
rezone the property from R1-14 to C-1 to
allow a neighborhood commercial shopping
center. On June 10, 2016, in case PHO-1-16
– Z-63-05-8, the owner received approval to
modify certain stipulations from the 2005
zoning approval. Although the property was
rezoned over 15 years ago, it remains vacant
to this day. As the property will now be part
of a larger development comprised of the
small piece immediately to the north and the
property to the east, the developers must
modify the following stipulations from PHO-1-16 – Z-63-05.




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Requests


Stipulation No. 1 - Modification – “That the subject property DEVELOPMENT shall be
developed in general conformance to WITH the CONCEPTUAL site plan and elevations date
stamped February 19, 2016 MAY 28, 2021, as modified by the following stipulations and as
approved by the Development Services Department PLANNING AND DEVELOPMENT
DEPARTMENT.”
• Rationale – As the developers are seeking to incorporate the above property into a
larger development, the February 19, 2016, site plan and elevations are no longer
applicable. The developers are merely seeking to substitute the existing approved
site plan for one that will be approved in this application.
Stipulation No. 2 - Deletion – “That the subject property be developed with only one access
th
on 25 Street as approved by the Development Services Department.”
• Rationale - Limiting access from 25th Street was only necessary because of the
narrow frontage on Baseline Road when the property was going to be developed
independently. As shown on the above site plan, the property will now be part of
the larger development that will have primary access from 25th Street as well as a
driveway between 25th Street and 27th Street for the retail portion, and primary
access from 27th Street for the multifamily portion. The multifamily portion will
have secondary access from where 25th Street intersects with Baseline Road. In
addition to the foregoing, deleting Stipulation No. 3 is consistent with the
abandonment of 25th Street as required in Case No. Z-10-18.
Stipulation No. 3 - Deletion – “That the developer
provide one point of cross access from the subject property to the
commercial site located to the west of the site, as approved by
the Planning and Development Department.”
• Rationale – Providing cross access to the west
was only necessary because of the narrow
frontage on Baseline Road when the property was
going to be developed independently. As shown
on the above site plan, the property will now be
part of the larger development that will have cross
access easements for all pad sites as well as the
multifamily portion providing for optimum
circulation within the site. In addition, although
not required, the developers intend to seek the
ability to use the private street to the west (yellow
arrow in image to the left) that could provide an




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additional point of ingress and egress that will mitigate traffic impacts on Baseline
Road.

Case PHO-1-21 – Z-59-18-8

Introduction

On January 9, 2019, the owner
of the small residential piece just north
of the above zoning case received
approval from the City Council to
rezone the property from R1-14 to C-1
to combine the northern piece and the
southern piece and incorporate the two
into one commercial retail center. The
owner of this property had also
previously acquired the property to the
south so they are now owned by a
single owner. Although both rezoning
cases were approved, no development
has since occurred. This zoning case
included a site plan that ostensibly
replaced and superseded the site plan
and elevations from the 2005 rezoning case. However, as no specific finding was made regarding
the 2005 site plan, the Applicant is seeking the necessary modifications to both site plans in an
effort to be clear and comprehensive. As the property will now be part of a larger development
comprised of the small piece immediately to the north and the property to the east, the developers
must modify the following stipulations.

Requests

Stipulation No. 1 - Modification – “THAT Tthe development shall be in general
conformance with the conceptual site plan AND ELEVATIONS date stamped August 21, 2018
MAY 26, 2021, as may be modified for compliance with the canal bank design guidelines in
Section 507 Tab A of the Zoning Ordinance, BY THE FOLLOWING STIPULATIONS and AS
approved by the Planning and Development Department, and with specific regard to the following:
PLANNING AND DEVELOPMENT DEPARTMENT”
• Rationale – As the developers are seeking to incorporate the above property into a
larger development, the August 21, 2018, conceptual site plan is no longer
applicable. Moreover, the development will be developed in conformance with
design standards for property adjacent to the Western Canal. The developers are


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merely seeking to substitute the existing approved site plan for one that will be
approved in this application.
Stipulation No. 1.a - Deletion – “Pedestrian pathway to provide open public access to
amenities on the adjacent property to the east to be constructed of decorative pavers, stamped or
colored concrete, or another material, other than those used to pave the parking surfaces and drive
aisles.”
• Rationale – Providing pedestrian pathways to be constructed of decorative
materials to the property to the east was only included because of the narrow width
of the property when it was going to be developed independently. As shown on the
above site plan, the property will now be part of the larger development that will
have pedestrian pathways and vehicular cross access easements for all pad sites as
well as the multifamily portion providing for optimum circulation within the site.
In addition, although not required, the developers intend to seek the ability to use
the private street to the west (yellow arrow in image to the left) that could provide
an additional point of ingress and egress and will mitigate traffic impacts on
Baseline Road.
Stipulation No. 1.b - Deletion – “Vehicular cross access to adjacent properties to the east
and south, as approved by the Planning and Development Department.”
• Rationale – Providing vehicular cross access to the properties to the east and south
was only included because of the narrow width of the property when it was going
to be developed independently. As shown on the above site plan, the property will
now be part of the larger development that will have pedestrian pathways and
vehicular cross access easements for all pad sites as well as the multifamily portion
providing for optimum circulation within the site. In addition, although not
required, the developers intend to seek the ability to use the private street to the
west (yellow arrow in image above) that could provide an additional point of
ingress and egress and will mitigate traffic impacts on Baseline Road.
Stipulation No. 3 - Deletion – “If the subject site develops as a stand-alone parcel and does
not provide an alternative street frontage to that existing along 25th Street, then the developer shall
be responsible for the dedication and construction of an offset cul-de-sac bulb at the northern
portion of 25th Street, south of the Western Canal, as approved by the Planning and Development
and Street Transportation Department.”
• Rationale – This stipulation was only necessary because of the narrow frontage on
Baseline Road if the property was going to be developed independently. As shown
on the above site plan, the property will now be part of the larger development that
will have primary access from 25th Street and a driveway between 25th Street and
27th Street for the retail portion, and primary access from 27th Street for the
multifamily portion. The multifamily portion will have secondary access from
where 25th Street intersects with Baseline Road. In addition to the foregoing,



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deleting Stipulation No. 3 is consistent with the abandonment of 25th Street as
required in Case No. Z-10-18, which the developers intend to pursue.

Case PHO-1-21 – Z-10-18-8

Introduction

On July 2, 2018, Baseline
25 received approval from the City
Council for a General Plan
Amendment and rezoning case for
property owned by Baseline 25 and
Baseline RITD, LLC from R1-10
and R1-14 to C-1 to allow for
commercial and medical uses.
Although approved approximately
three years prior, the properties
have not developed as anticipated
in the rezoning case. As the
property will now be part of a larger
development comprised of the
properties to the west, the
developers must modify the
following stipulations.

Requests

Stipulation No. 1 - Modification – “THAT Tthe development shall be in general
conformance with the conceptual planning SITE plan AND ELEVATIONS date stamped June 25,
2018 MAY 26, 2021, as modified by the following stipulations and AS approved by the Planning
and Development Department., and with specific regard to the following:”
• Rationale – As the developers are seeking to incorporate the above property into a
larger development, the June 25, 2018, conceptual planting plan is no longer
applicable. The developers are merely seeking to substitute the existing approved
conceptual planting plan for one that will be submitted as part of this application.
Stipulation No. 1.a - Deletion – “The quantity and configuration of drive-through facilities
on the subject site.”
• Rationale – As the developers are seeking to incorporate the above property into a
larger development, which depicts the location and configuration of structures with
drive-through facilities, this stipulation is no longer applicable. Under the proposed


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site plan, the retail portion is providing appropriate screening, and parking along
the street side is provided in order to ensure that any retail buildings with drive-
through facilities have the windows facing away from residential areas and away
from the perimeter street. As indicated on the proposed site plan included with this
application, no drive through windows face east toward any residential areas or
south towards Baseline Road.
Stipulation No. 1.b - Deletion – “The configuration of 27th Street, which aligns with the
existing portion of 27th Street south of Baseline Road.”
• Rationale – It is the developer’s understanding that the reconfiguration of 27th Street
was proposed in the event a traffic signal were required at that intersection in the
future. However, the proposed development did not meet the signal warrants
necessary to justify the installation of a traffic signal. Moreover, the residential
neighbors immediately to the east of the Properties across 27th Street as well as the
neighbors across Baseline Road to the south were, and are, opposed to the
reconfiguration of 27th Street. Thus, the City did not want to incur the expense
associated with an unwarranted and unwanted traffic signal. Nevertheless, it is the
developer’s understanding that the reconfiguration of the 27th Street alignment was
added at the last minute during the City Council hearing in this case over the
objection of the applicant and the residential neighbors. Accordingly, the
developers request that this stipulation be deleted.
Stipulation No. 2 - Deletion – “The development shall be in general conformance with the
elevations date stamped February 12, 2018, as modified by the following stipulations and approved
by the Planning and Development Department.”
• Rationale – As the developers are seeking to incorporate the above property into a
larger development, the February 12, 2018, elevations are no longer applicable. It
is not necessary to have a separate stipulation concerning elevations.
Stipulation No. 2.a: Modification – “Pitched roof elements shall be incorporated in all
SOME OF THE buildings IN THE DEVELOPMENT.”
• Rationale – Although pitched roofs are a presumption in the BAOD, the developers
of the retail portion are seeking some relief from that presumption but are providing
increased standards of the quality of development consistent with the BAOD as is
evident from the attached documents. In addition, some of the pad sites are
incorporating pitched roof elements into their individual designs that will be
submitted to the City in connection with those applications. Having alternative
styles of roof elements provides architectural interest along the streetscape.
Stipulation No. 3.b: Modification – “Equestrian corral area containing hHitching posts
WITH ROOM for MULTIPLE horses, SHADED LANDSCAPING, AND WATER FOR
EQUINE CONSUMPTION WILL BE PROVIDED along the northern property align LINE
adjacent to the Western Canal.”


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• Rationale – The request for a corral may have been well-intentioned, but the
developers are cognizant of the potential liability associated with a corral on private
property that is made available for public use. However, although the corral will
likely never be used, the developers also recognize the desire to maintain the rural,
agricultural ambiance of the BAOD, and accordingly are not seeking to delete the
stipulation entirely. The developers are willing to provide an area that is consistent
with the equestrian trials in the area, but seek to create an environment that is more
safe and secure than an open corral.
Conclusion
The Applicant and the developers thank you for your time and consideration of this
complicated request and look forward to an open dialogue regarding this application.
The proposed zoning stipulation modification is accompanied by the following documents:
1. Application Fee;
2. Ownership Verification forms;
3. Information Form;
4. Property Owners Information;
5. Site Plan (2 copies – 24” x 36”; 1 copy – 8 ½” x 11”);
6. Parcel map with project area identified;
7. Legal Description(s)
8. Property Owner Notification Requirements;
9. CD with electronic copies of submittal

Please feel free to contact the undersigned if you have any questions, or if you need any
additional information.


Very truly,

BEUS GILBERT McGRODER PLLC




Paul E. Gilbert

PEG: CHA
Enclosures as indicated


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EXHIBIT C




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PRIVATE
S 25TH ST
ST
S 27TH WAY
EXHIBIT D




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24TH ST
PRIVATE
S 25TH ST
ST
S 27TH WAY
EXHIBIT E




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EXHIBIT F




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EXHIBIT G




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EXHIBIT H




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EXHIBIT I




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EXHIBIT K




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South Mountain Village Planning Committee
Minutes – July 13, 2021
Page 5


Fatima Said asked if there is an incentive to developers to use WU code zoning
and stated that the Chicanos Por La Causa rezoning PUD case should be
considered as this project is displacing residents.

Mr. Bojórquez responded that WU code zoning does not have a density cap and
requires enhanced street frontages that will help improve a project.

Greg Brownell stated that there is no real incentive for developers and does not
foresee new park sites being built in the future.

Chairwoman Daniels likes WU code due to potential economic development
opportunities and could see new projects being built along the Rio Salado and
between 7th Avenue to 7th Street. She agrees that no new park sites will likely be
built in the South Mountain Village.

Bramley Paulin, member of the public, introduced himself and discussed two
questions that he had regarding this text amendment case:

Are there any land uses allowed today that would be considered legally non-
conforming if this text amendment is approved?
Will the rezoning process to seek WU code allow for public input?

Chairwoman Daniels thanked Mr. Paulin and asked staff for clarification on the
questions.

Mr. Bojórquez responded that this text amendment case does not affect individual
properties, only properties that would be seeking rezoning in the future. He also
mentioned that public input will remain part of the rezoning process, including for
WU code zoning.


Cases PHO-2-21—Z-63-05-8, PHO-1-21—Z-59-18-8, and PHO-1-21—Z-10-18-8
were heard concurrently.

7) PHO-2-21--Z-63-05-8: Presentation, discussion, and possible recommendation
regarding a request to modify stipulations of entitlement for the property located
approximately 820 feet east of the northeast corner of 24th Street and Baseline
Road. Request to modify Stipulation No. 1 regarding general conformance to the
site plan and elevations date stamped February 19, 2016. Request to delete
Stipulation Nos. 2 and 3 regarding maximum access points on 25th Street and
cross access to the commercial site along the west.

8) PHO-1-21--Z-59-18-8: Presentation, discussion, and possible recommendation
regarding a request to modify stipulations of entitlement for the property located
approximately 615 feet north of the northwest corner of 25th Street and Baseline




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South Mountain Village Planning Committee
Minutes – July 13, 2021
Page 6


Road. Request to modify Stipulation No. 1 regarding general conformance to the
site plan date stamped August 21, 2018. Request to delete Stipulation Nos. 1.a,
1.b, and 3 regarding access to amenities to the east, vehicular cross access to
adjacent properties, and conditional requirements to dedicate and construct 25th
Street.

9) PHO-1-21--Z-10-18-8: Presentation, discussion, and possible recommendation
regarding a request to modify stipulations of entitlement for the property located
at the northwest corner of 27th Street and Baseline Road. Request to modify
Stipulation Nos. 1, 2.a and 2.b regarding general conformance to a conceptual
planting plan date stamped June 25, 2018, pitched roof elements and equestrian
corral area. Request to delete Stipulation Nos. 1a., 1.b and 2 regarding quantity
and configuration of drive-through facilities, configuration of 27th Street, and
general conformance to elevations.

Cases PHO-2-21—Z-63-05-8, PHO-1-21—Z-59-18-8, and PHO-1-21—Z-10-18-8
were heard concurrently.

One member of the public registered to speak on this item during the public
meeting.

Enrique Bojórquez, staff, introduced himself and provided a presentation
regarding each of the three PHO cases. He discussed the location of the overall
project site and individual PHO cases. The requested stipulation modifications by
the applicant were shown for each case. He also showed previously approved
site plans and/or building elevations, in addition to the new proposed site plan for
the overall project site and building elevations.

Greg Brownell asked if staff provides a recommendation on the requested
modifications. He prefers that no drive-throughs are approved for the site.

Mr. Bojórquez responded that staff does not provide recommendation on
Planning Hearing Officer (PHO) cases.

Chairwoman Daniels asked why no building elevations were provided for the
commercial phase of the project.

Mr. Bojórquez responded that the applicant can address this question.

Marcia Busching asked if a detailed review of the plans has been conducted.

Mr. Bojórquez responded that usually a development services pre-application
meeting is conducted by the applicant to gather technical review comments on
the site plan proposed and that PHO staff review the documents once submitted.




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Martin Hayime Monge Kotake lives east of the proposed development.
Currently, the 27th Street alignment is dangerous and prefers that the street
alignment remains as shown in the site plan approved in 2018.

Gene Holmerud discussed the 27th Street and Baseline Road alignment
involving the topographical survey of the area.

Trent Marchuk asked about the conformance to the Baseline Area Overlay
District (BAOD) in the site plan and referenced several potential conflicts. The
drive-throughs should be eliminated and prefers that the pitched roofs stay in the
stipulations.

Muriel Smith discussed the 27th Street alignment and previous concerns raised
then about this.

Mr. Bojórquez responded that the applicant might be able to address questions
about their current layout and why it changed from the 2018 site plan.

Chairwoman Daniels discussed several aspects of the proposed stipulations
pertaining to:

New site layout is an improvement, as it is adding new housing units to the
area;
Discussed the public access and the changes to the overall site plan;
Pedestrian access for the multifamily should be provided to commercial
areas;
25th Street no longer being a public street, now proposed as a private
drive;
Pitched roof elements should be kept;
Equestrian corral area was discussed;
Would love to see Walkable Urban code elements added to the project;

Mr. Bojórquez responded that the multifamily portion of the site could be a gated
community, as show in the site plan provided by the applicant. Furthermore, that
25th Street is no longer proposed as a public street, but rather a private drive.

Paul Gilbert, with Beus Gilbert McGroder PLLC, introduced himself as the
representative of the developer and introduced the project. The proposed site
plan meets all of the required standards, while exceeding some standards such
as open space, where 30-percent open space is provided to account for water
retention. He introduced the project team, PHO case boundaries and discussed
the conceptual site plan for the entire site. He showed the commercial and
multifamily residential phases of the conceptual site plan. One-hundred thirty
eight total units are proposed with a maximum density of 16.99 dwelling units per
acre. The site plan complies with the BAOD requirements and discussed the




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amenities proposed, including the corral area. He discussed the stipulation
modification language proposed for each of the 3 PHO cases and stated that
drive-through facilities are needed. The 27th Street alignment was addressed,
adding that no traffic signal was warranted based on the traffic statement
conducted. An overview of the enhanced notification and outreach was provided.
Other aspects of the project such as pathways, health-safety enhancements,
architecture and walls were discussed. He no longer is requesting modification of
Stipulation No. 2.a on case PHO-1-21—Z-10-18-8 pertaining to pitched roof
elements.

Carl Starry, with LG Acquisitions LLC, introduced himself as the developer for the
residential phase of the project. He gave an overview of different multifamily
development projects built in other cities. He reviewed the three lists created by the
South Mountain Village Planning Committee and discussed why this property was
selected. He discussed amenities, layout, access, public art, and the clubhouse.

Mr. Holmerud asked whether the multi-use trail along Baseline Road had been
constructed. He asked for clarification on the electric charging station proposed.

Mr. Gilbert responded that the multi-use trail along Baseline Road will be provided.

Mr. Starry discussed the electric charging outline and possible locations for this
within the community.

Twanna Ray asked for clarification on the number of individuals that were spoken
to regarding this project.

Mr. Gilbert stated that within an 850-foot radius, over 600 people were contacted,
and no issues were raised on the project. Approximately 2.5 weeks were spent
doing the outreach.

Lee Coleman asked why some of the setbacks were not being met.

Cassandra Ayres, with Beus Gilbert McGroder PLLC, introduced herself and
stated that they are asking for some of the parking to be allowed within the front
setback along Baseline Road. Thus, a variance is proposed to be requested to
address this aspect of the site plan.

Dr. George Brooks asked if the applicant met individually or as a group with
surrounding neighbors, and if a neighborhood meeting was held.

Susan Bitter Smith, with Technical Solutions, introduced herself as part of the
development team. Her group knocked on doors and assisted with the outreach for
this project.




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Mr. Bojórquez added that no neighborhood meeting is required as part of PHO
applications.

Mr. Marchuk asked if the site plan will need to comply with BAOD standards. He is
concerned that some of the standards are not being met.

Mr. Bojórquez responded that the site plan will have to comply with the BAOD
standards.

Mr. Starry stated that their project will comply with BAOD standards, including
walkways.

Mr. Gilbert responded that they will review the Zoning Ordinance once again.

Mr. Monge Kotake asked if a traffic statement will be required for this project and
stated that his household was contacted, but no information about the project was
left for him to follow up on.

Mr. Gilbert stated that the city did not require a traffic report, but one was
conducted anyway about a year ago.

Mr. Bojórquez stated that he did not observe a stipulation from the 2018 rezoning
case requiring a traffic statement to be submitted to the city at a later date.

Mr. Coleman discussed the intersection at 27th Street and Baseline Road.

Chairwoman Daniels allowed Ms. Jones to provide public comment on the cases.

JoLouise Jones, member of the public, introduced herself as a resident in the area
and stated that traffic is bad along this intersection now. Traffic will worsen if this
project is approved. The 27th Street alignment was approved in 2018 with the intent
to develop a traffic signal light.

Mr. Gilbert stated that the current site plan reduces traffic counts as there is a
reduction of commercial uses.

Mr. Monge Kotake stated that the traffic report is from a year ago and thus
outdated now.

Mr. Coleman stated that aligning both sides of 27th Street north and south of
Baseline Road would be challenging.

Chairwoman Daniels asked why the stipulation pertaining to 27th Street was
added in the 2018 rezoning case.




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Mr. Bojórquez responded that the 2018 rezoning case minutes are included in the
packet sent to all VPC members but cannot identify a specific reason while
browsing the minutes from 2018.

Kassandra Alvarez asked if the applicant had spoken with the Street
Transportation Department regarding the traffic.

Mr. Gilbert responded that he had contacted the traffic section and no traffic signal
was required.

Ms. Busching would like to stipulate several elements including:

Cross-access agreement between the commercial and residential phases,
plus the property along the west;
Maximum of one drive-through facility;
Applicant to work with the Planning and Development Department, Street
Transportation Department and the community on the 27th Street alignment,
thus keeping Stipulation No. 1.b on PHO-1-21—Z-10-18-8;
Keep Stipulation No. 2.a on case PHO-1-21—Z-10-18-8;

Greg Brownell, Kay Shepard and Kassandra Alvarez support these stipulations.

Mr. Gilbert would like flexibility to work out these issues with city staff.

Ms. Busching is concerned that the requested changes will not be addressed.

Mr. Holmerud is opposed to aligning 27th Street.

Mr. Marchuk agrees on aligning 27th Street and adding language pertaining to
berms and the BAOD.

Mr. Brownell and Ms. Busching agree with Mr. Marchuk’s comments.

Mr. Holmerud disagrees with Mr. Marchuk on aligning 27th Street.

Lee Coleman and Shelly Smith left the meeting at 10:10pm, bringing the quorum to
14 members.

MOTION – PHO-2-21—Z-63-05-8:

Ms. Busching motioned to deny case PHO-2-21—Z-63-05-8 as filed, approve
with modifications. Ms. Shepard seconded the motion to approve.

Stipulation modifications approved for PHO-2-21—Z-63-05-8:




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Stipulation No. 1: That the subject property DEVELOPMENT shall be
developed in general conformance to WITH the CONCEPTUAL site plan and
elevations date stamped February 19, 2016 MAY 28, 2021, as modified by the
following stipulations and as approved by the PLANNING AND DEVELOPMENT
DEPARTMENT, EXCEPT THAT NO MORE THAN ONE DRIVE-THROUGH
FACILITY SHALL BE PROVIDED. THE DRIVE-THROUGHS SHOULD BE
SCREENED FROM VIEW OF THE PERIMETER STREET WITH A
LANDSCAPED BERM OR A COMBINATION OF A WALL AND
LANDSCAPED BERM AT LEAST FOUR FEET IN HEIGHT.

Stipulation No. 2 was deleted.

Stipulation No. 3: THERE SHALL BE VEHICULAR AND PEDESTRIAN
CROSS ACCESS EASEMENTS FOR ALL COMMERCIAL PAD SITES
AS WELL AS THE MULTIFAMILY PORTION OF THE DEVELOPMENT.
A PEDESTRIAN AND VEHICULAR CROSS ACCESS EASEMENT
SHALL BE PROVIDED ALONG THE COMMERCIAL PAD SITES WEST
OF THE DEVELPPMENT IN ORDER TO CONNECT TO THE
ADJACENT COMMERCIAL PROPERTY WEST OF THE PROJECT
SITE.

VOTE – PHO-2-21—Z-63-05-8:
10-2-1, motion passed; Members Alvarez, Brooks, Brownell, Busching,
Holmerud, Marchuk, Ray, Shepard, Smith, and Daniels in favor. Members Larios
and Said in dissent. Member Monge Kotake abstained.


MOTION – PHO-1-21—Z-59-18-8:

Ms. Busching motioned to deny case PHO-1-21—Z-59-18-8 as filed, approve
with modifications. Ms. Shepard seconded the motion to approve.

Stipulation modifications approved for PHO-1-21—Z-59-18-8:

Stipulation No. 1: THAT Tthe development shall be in general conformance
with the conceptual site plan AND ELEVATIONS date stamped August 21,
2018 MAY 26, 2021, as may be modified for compliance with the canal bank
design guidelines in Section 507 Tab A of the Zoning Ordinance, BY THE
FOLLOWING STIPULATIONS and AS approved by the Planning and
Development Department, and with specific regard to the following:
PLANNING AND DEVELOPMENT DEPARTMENT

Stipulation No. 1.a: THERE SHALL BE PEDESTRIAN CROSS ACCESS
EASEMENTS TO ADJACENT COMMERCIAL PADS ALONG THE SOUTH
AND WEST OF THE PROJECT SITE.




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Stipulation No. 1.b: THERE SHALL BE VEHICULAR CROSS ACCESS
EASEMENTS FOR ALL COMMERCIAL PAD SITES AS WELL AS THE
MULTIFAMILY PORTION OF THE DEVELOPMENT. A VEHICULAR
CROSS ACCESS EASEMENT SHALL BE PROVIDED ALONG THE
COMMERCIAL PADS SITES WEST OF THE DEVELOPMENT IN ORDER
TO CONNECT TO THE ADJACENT COMMERCIAL PROPERTY WEST OF
THE PROJECT SITE.

Stipulation No. 3 was deleted.

Joseph Larios left the meeting at 10:20pm, bringing the quorum to 13 members.

VOTE – PHO-1-21—Z-59-18-8:
11-0-2, motion passed; Members Aldama, Alvarez, Brooks, Brownell, Busching,
Holmerud, Marchuk, Ray, Shepard, Smith, and Daniels in favor. None in dissent.
Members Monge Kotake and Said abstained.

Fatima Said left the meeting at 10:25pm, bringing the quorum to 12 members.


MOTION – PHO-1-21—Z-10-18-8:

Ms. Busching motioned to deny case PHO-1-21—Z-10-18-8 as filed, approve
with modifications. Ms. Shepard seconded the motion to approve.

Stipulation modifications approved for PHO-1-21—Z-10-18-8:


Stipulation No. 1: THAT Tthe development shall be in general conformance
with the conceptual planning SITE plan AND ELEVATIONS date stamped
June 25, 2018 MAY 26, 2021, as modified by the following stipulations and
AS approved by the Planning and Development Department., and with
specific regard to the following:

Stipulation No. 1.a: NO DRIVE-THROUGH FACILITIES SHALL BE
PERMITTED.

Stipulation No. 1.b: The configuration of 27th Street, which aligns with the
existing portion of 27th Street south of Baseline Road, OR OTHER
ALTERNATIVES AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT AND STREET TRANSPORTATION
DEPARTMENT.

Stipulation No. 2 was deleted.




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Stipulation No. 2.a: Pitched roof elements shall be incorporated in all
buildings.

Stipulation No. 3.b: Equestrian corral area containing hHitching posts WITH
ROOM for MULTIPLE horses, SHADED LANDSCAPING, AND WATER FOR
EQUINE CONSUMPTION WILL BE PROVIDED along the northern property
align LINE adjacent to the Western Canal.

New Stipulation No. 12: THERE SHALL BE VEHICULAR AND
PEDESTRIAN CROSS ACCESS EASEMENTS FOR ALL COMMERCIAL
PAD SITES AS WELL AS THE MULTIFAMILY PORTION OF THE
DEVELOPMENT. A PEDESTRIAN AND VEHICULAR CROSS ACCESS
EASEMENT SHALL BE PROVIDED ALONG THE COMMERCIAL PAD
SITES WEST OF THE DEVELOPMENT IN ORDER TO CONNECT TO THE
ADJACENT COMMERCIAL PROPERTY WEST OF THE PROJECT SITE.

VOTE – PHO-1-21—Z-10-18-8:
10-1-1, motion passed; Members Aldama, Alvarez, Brooks, Brownell, Busching,
Marchuk, Ray, Shepard, Smith, and Daniels in favor. Member Holmerud in
dissent. Member Monge Kotake abstained.

10)Staff update on cases recently reviewed by the Committee.

None.

11) Committee member announcements, requests for information, follow up, or future
agenda items.

Mr. Brownell suggested that an agenda item be added for next month’s meeting to
discuss the creation of a subcommittee for the South Mountain Village Planning
Committee.

Ms. Alvarez stated that South Mountain Community College (SMCC) is reopening
and having in-person services in the upcoming semester.

Mr. Holmerud stated that the earbuds used by Mr. Bojórquez during the meeting
may not be transmitting sound into the microphone.

12) Adjournment.

Ms. Shepard moved to adjourn the meeting. Mr. Holmerud seconded the motion.

All in favor. Meeting adjourned at 10:36 pm.




Page 307
EXHIBIT L




Page 308
REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Bradley Wylam, Planner I, Assisting

August 18, 2021

ITEM NO: 10
DISTRICT 8
SUBJECT:

Application #: PHO-1-21--Z-10-18-8 (Continued from 7/21/21 agenda)
Location: Northwest corner of 27th Street and Baseline Road
Existing Zoning: C-1 BAOD
Acreage: 10.31
Request: 1) Modification of Stipulation 1 regarding general
conformance to the conceptual planting plan date
stamped June 25, 2018.
2) Deletion of Stipulation 1.a regarding the quantity and
configuration of drive-through facilities.
3) Deletion of Stipulation 1.b regarding the configuration of
27th Street.
4) Deletion of Stipulation 2 regarding general conformance
to elevations date stamped February 12, 2018.
5) Modification of Stipulation 2.a regarding pitched roof
elements.
6) Modification of Stipulation 2.b regarding an equestrian
corral area.
Applicant: Cassandra Ayres, Beus Gilbert McGroder PLLC
Owner: Baseline 25, LLC
Representative: Paul Gilbert, Beus Gilbert McGroder PLLC

ACTIONS

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

Village Planning Committee (VPC) Recommendation: The South Mountain
Village Planning Committee heard the request on July 13, 2021 and
recommended denial as filed and approval with modifications by a vote of 10-1-1.

DISCUSSION

Paul Gilbert, representative with Beus Gilbert McGroder, gave an overview of the
project team and property location. He reviewed the South Mountain Village
Planning Committee meeting on August 10, 2021, which resulted in a




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recommendation for approval with modifications for Case Nos. PHO-2-21—Z-63-
05-8 and PHO-1-21—Z-59-18-8 and denial as filed, approval with modifications
for Case No. PHO-1-21—Z-10-18-8. He stated the proposed uses are allowed in
the C-1 BAOD zoning district and stipulation modifications are needed to allow
development per the proposed conceptual site plan for each case. He stated the
proposed conceptual site plan depicts 138 multifamily residential units at a
density of 16.99 dwelling units per gross acre on the northern portion of the
combined site with 5 commercial pads to provide retail or restaurants on the
southern portion of the combined site. He stated that the proposed site plan
complies with the regulations of the Baseline Area Overlay District (BAOD) and is
compatible with the rural, agricultural, and equestrian character of the
surrounding area.
Mr. Gilbert stated that the applicant is opposed to the South Mountain VPC
recommendation regarding the realignment of 27th Street with the existing
portion of 27th Street south of Baseline Road, limiting the number of drive-
throughs permitted on the site, and providing pedestrian and vehicular access to
the commercial property to the west. He stated that the applicant completed a
door-to-door survey within an 850-foot radius of the site and found residents
supported the proposed development and no resident surveyed was in support of
the realignment of 27th Street. He noted that they have submitted letters from the
public generally showing support for the development and letters of opposition
regarding the existing stipulated realignment of 27th Street. He also noted that a
petition of 24 people was provided that supports the proposed development
generally. He discussed the recommended realignment and stated that CivTech,
a traffic engineering firm, completed a study on the intersection that noted a
realignment would not alleviate traffic concerns near the site. He stated the study
noted the potential number of users of 27th Street would not necessitate a
realignment or a traffic signal at the intersection of 27th Street and Baseline
Road. He noted that the wait times to cross Baseline Road would not decrease
due to a realignment and that a traffic signal at the intersection could increase
cut-through traffic through the neighborhood south of the subject property and
across Baseline Road. He stated that traffic accidents that have occurred at the
intersection have largely been rear-end collisions and not due to the existing turn
movements at the existing intersections. He stated that the realignment is not an
exaction that meets the proportionality requirement as established by previous
court cases and existing state statutes. He addressed the VPC recommendation
regarding drive-throughs and stated that a limit on the number of drive-through
restaurants was not appropriate as this is a land use otherwise permitted by right,
subject to performance standards, in this zoning district. He stated that the VPC
recommended a stipulation regarding vehicular and pedestrian access to the site
to the west, but conditions on this adjacent site do not allow for cross access and
the stipulation is both impractical and unenforceable. He stated that the VPC also




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recommended a stipulation regarding pedestrian and vehicular access between
the commercial and residential portions within the subject site, which the
applicant supports.
Mr. Gilbert gave an overview of the proposed stipulation modifications on PHO-2-
21—Z-63-05-8 regarding general conformance to the conceptual site plan and a
deletion of stipulations regarding 25th Street access and cross access to the
commercial site to the west. He gave an overview of the proposed stipulation
modifications on PHO-1-21—Z-59-18-8 and noted a comment from a VPC
member that supported the multifamily housing design depicted on the
conceptual site plan. He stated that the proposed deletion of Stipulation 1.a and
1.b regarding pedestrian and vehicular cross access would be addressed
through the proposed conceptual site plan. He gave an overview of the proposed
stipulation modifications on PHO-1-21—Z-10-18-8. He stated the limitations on
drive throughs and stipulation regarding the alignment of 27th Street should be
deleted per the rationale discussed earlier. He stated that modification to
Stipulation 2.a was discussed at the VPC meeting and recommended to be
retained and that the applicant had decided to not pursue the original proposed
modification of that stipulation. He stated Stipulation 3.b regarding equestrian
corral areas is requested to be modified to change the language to allow for more
reasonably sized and feasible equestrian facilities.
JoJo Jones, Mountain Grove community member, stated there are existing
issues in the traffic movements at the 27th Street and Baseline intersection. She
expressed concerns regarding increased traffic on 27th Street related to the
proposed multifamily residential development in addition to the commercial
portion of the development. She stated that the previous developer agreed that a
realignment would be necessary, but that this disagreement during the original
rezoning case had largely centered around who would be responsible for the
improvements.
Rhonda Neff, Mountain Grove community member, stated she is opposed to the
realignment of 27th Street and stated that the proposed realignment would
require residents of Mountain Grove to enter their neighborhood from within the
proposed commercial development. She stated that property values and public
safety would be decreased by entering through the proposed commercial
development. She stated the applicant has responded to the concerns raised by
the surrounding community after the original rezoning case regarding the
realignment. She stated that she spoke to her neighbors that mentioned that they
would consider selling their properties if 27th Street was realigned per the staff
recommendation due to concerns with property values and public safety. She
stated that she understood the legal concerns from the applicant regarding the
limitation on drive-through uses, although she hoped there would be sit-down
restaurants included within the development. She stated that regardless of the




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Page 4

final alignment, 27th Street would likely see increased traffic with any
development on the subject site, but that should be expected.
Mr. Gilbert stated that concerns regarding increased traffic are understood but
noted that the entrance near the current alignment of 25th Street would be the
main entrance to the development and allow for trucks and other vehicles to
enter at this location rather than at 27th Street. He stated that most residents in
the surrounding area support the plan as proposed and oppose the realignment
of 27th Street.
Trent Marchuk, member of the South Mountain VPC, stated that the purpose of
the VPC’s recommendation regarding limiting the number of drive-throughs is in
response to the South Mountain Village Character Plan which noted a lack of
healthy restaurants in the area. He discussed the Village’s recommendation
regarding the realignment of 27th Street and the suggestion to allow the
applicant to explore alternative options and noted that the original stipulation
regarding the realignment of 27th Street asked the developer to work with the
Street Transportation Department to come up with potential options for the
realignment. He noted that the rationale behind the applicant’s disagreement with
the recommended cross access to the site to the west made sense and that he
supported their request.
Mr. Gilbert stated that the presence of drive-throughs does not guarantee that the
restaurants themselves are solely unhealthy restaurants and noted two
restaurants they are in discussions with regarding the site. He noted that the
BAOD does not contain limitations on the number of drive-through restaurants
permitted on a site and only addresses design guidelines for these uses.
Adam Stranieri, Planning Hearing Officer, agreed that the BAOD does not limit
the number of drive-throughs, but does include design guidelines for drive-
throughs including screening and grouping of pads. He noted that the Street
Transportation Department does not support the request to delete the stipulation
regarding the realignment of 27th Street in PHO-1-21--Z-10-18-8. He asked the
applicant if they believed the CivTech study would provide information that would
potentially alter the recommendation made by the Street Transportation
Department regarding the realignment. Mr. Gilbert stated he believed the results
of that study could potentially change their recommendation, but he would not
want to continue the case at this time to wait for this analysis. He noted he
supported how the VPC worded the stipulation in their recommendation to allow
the developer to work with the Planning and Development and Street
Transportation Department to come to a decision. Mr. Stranieri stated that the
CivTech documents have not been received by staff and that he would not make
a recommendation based on a study that neither he nor Street Transportation
Department staff had reviewed, particularly if the applicant wished to have a




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Page 5

decision during this hearing. He stated he would be moving forward using the
recommendation from the Street Transportation Department regarding the
realignment with a modification to include the South Mountain Village
recommendation regarding the option for alternative alignments. He noted that
the intent with the recommended modification was not to allow the applicant to
avoid the realignment, but rather allow flexibility in how the alignment would be
implemented.
Mr. Stranieri stated that public correspondence was received prior to the hearing.
This included a petition with 24 signers that indicated support for the
development but did not address the alignment, 21 letters of support for the
development that did not address the alignment, and 12 letters in opposition to
the alignment which highlighted safety hazards and concerns about residential
access to Mountain Grove. He stated that a letter submitted by Rhonda Neff also
highlighted many points made during her comments earlier in the hearing. He
stated that a letter from Marcia Busching, South Mountain VPC member, was
received which expressed communication issues with the applicant and noted a
desire to see the VPC recommendation upheld.
Recommendation regarding PHO-2-21--Z-63-05-8
Mr. Stranieri stated PHO-2-21—Z-63-05-8 is located on the southwestern side of
the proposed conceptual site plan and includes both residential and commercial
portions of the development. He stated that the complete multifamily residential
complex provides 138 units at a density of 16.99 dwelling units per gross acre
and noted that conceptual elevations were submitted for the residential portion
but not the commercial portion. He stated the elevations depict a variety of
desirable architectural features and recommended general conformance. He
stated that the scale and intensity is compatible with the surrounding area and
the character intended by the BAOD. He stated that Stipulation 2 regarding one
access point on 25th Street is no longer applicable due to the proposed
abandonment of 25th Street and the lack of single-family units to the east, which
the stipulation was originally intended to address. He stated that Stipulation 3
regarding one point of cross access to the site to the west is recommended to be
deleted due to circumstances regarding development of the neighboring
property. He stated that the VPC recommendation regarding limitations on the
number of drive-through restaurants will not be approved because it would
improperly prohibit uses otherwise allowed by right in the zoning district. He
noted that the recommendation regarding screening of drive-throughs is
established by the BOAD as a design presumption, but it could be included as a
stipulation to create a requirement and provide consistency with the existing
stipulations in Z-10-18-8.




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Recommendation regarding PHO-1-21--Z-59-18-8
Mr. Stranieri stated PHO-1-21—Z-59-18-8 is located at the northwestern side of
the proposed conceptual site plan and includes a residential portion of the
development. He stated that the complete multifamily residential complex
provides 138 units at a density of 16.99 dwelling units per gross acre and noted
that conceptual elevations were submitted for the residential portion but not the
commercial portion. He stated the elevations depict a variety of desirable
architectural features and recommended general conformance. He stated that
the scale and intensity is compatible with the surrounding area and the character
intended by the BAOD. He stated Stipulations 1.a and 1.b were intended to
provide connectivity with the property to the east from Z-10-18-8 and that the
unified proposed conceptual site plan between the cases alleviates the concerns
regarding connectivity. He stated that the request to delete Stipulation 3
regarding a conditional requirement to dedicate and construct 25th Street if the
property was developed as a stand-alone parcel is recommended to be approved
because the conceptual site plan shows a unified development and the applicant
would pursue abandonment of 25th Street. He stated that the VPC proposed
modifications of Stipulations 1.a and 1.b would not be required because the
property lines are internal and cross-access would be reviewed as part of the
conceptual site plan review process.
Recommendation regarding PHO-1-21--Z-10-18-8
Mr. Stranieri stated PHO-1-21—Z-10-18-8 is located on the eastern side of the
proposed conceptual site plan and includes both residential and commercial
portions of the development. He stated that the complete multifamily residential
complex provides 138 units at a density of 16.99 dwelling units per gross acre
and noted that conceptual elevations were submitted for the residential portion
but not the commercial portion. He stated the elevations depict a variety of
desirable architectural features and recommended general conformance. He
stated that the scale and intensity is compatible with the surrounding area and
the character intended by the BAOD.
Mr. Stranieri stated that the deletion of Stipulation 1.a regarding the quantity and
configuration of drive-throughs is recommended to be approved. He stated the
stipulation was originally proposed by staff to stipulate to the configuration of
buildings on the original site plan, but that this had been altered through the
original rezoning hearing process. He stated that deletion of Stipulation 1.b
regarding the realignment of 27th Street is not supported by the Street
Transportation Department. He stated that the Street Transportation Department
noted the realignment of 27th Street is intended to support and improve traffic
safety in the surrounding area. He noted that there are numerous conflicting turn
patterns at the intersection with Baseline Road and that the alignment would




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provide predictability, alignment with the grid, and allow for a potential traffic
signal at the intersection. He stated there is no Traffic Impact Study addressing
signal warrant analysis and that the most recent study submitted in 2018 does
not reference the current proposed land uses.
Mr. Gilbert stated that the applicant would meet with the Street Transportation
Department to discuss the findings of the CivTech study. Mr. Stranieri noted that
the South Mountain VPC recommended modification of the stipulation to allow
the applicant to work with staff to address options for the realignment. He stated
that the modification should not allow the applicant to continue the misalignment
of 27th Street. Cassandra Ayre, representative with Beus Gilbert McGroder,
stated the VPC recommendation allows alternative options to address traffic
issues without stipulating the realignment. She stated that the CivTech report
provides options for flexibility, which could be worked through with the Planning
and Development and Street Transportation Departments. Mr. Stranieri stated
that the recommended modification to Stipulation 1.b would address the need to
revise the site plan to depict the realignment of 27th Street.
Mr. Stranieri stated that he would recommend the deletion of Stipulation 2.a
regarding pitched roof elements to provide consistency with the two companion
cases. He stated that pitched roof elements are already a design presumption of
the BAOD and could be addressed through the Ordinance. He also noted that it
may be unclear to have different standards applied within the site to the same
buildings. He stated that the modification of Stipulation 2.b regarding an
equestrian corral would be recommended to be modified to allow for some
flexibility in the type of amenities to be provided. He stated the original intent was
to provide equestrian amenities to support the active equestrian lifestyle and
trails along the canal.
Mr. Stranieri stated that the Street Transportation Department recommended an
additional stipulation regarding a safe, shaded pedestrian pathway through the
site to connect the residential portion of the site to the sidewalk along Baseline
Road. He noted that this pathway should be provided in the area with the current
alignment of 25th Street. He noted that if 25th Street was developed, a public
sidewalk would otherwise have been provided here. Mr. Gilbert sought
clarification that the type of shade would be flexible and allow either trees or
structural shade. Mr. Stranieri confirmed that the type of shading would not be
stipulated and would allow for flexibility.

FINDINGS

1) This case was heard as a companion case to PHO-2-21--Z-63-05-8 and
PHO-1-21--Z-59-18-8. The conceptual site plan and building elevations
are the same in these three cases. The subject property in this case was




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Page 8

originally envisioned to develop as a standalone commercial retail center
and was stipulated to a site plan depicting a variety of drive-through
restaurants and retail spaces in five individual buildings at a total of 58,140
square feet.

The proposed conceptual site plan depicts the subject property of the
three companion cases developing in a unified fashion with a mixed-use
development. A combination of five commercial, retail, and drive-through
businesses are depicted along Baseline Road comprising approximately
19,098 total square feet, with individual establishments between 2,050
and 6,500 square feet. Behind the commercial development, adjacent to
the Western Canal, is a multifamily residential complex containing 138
units at a density of 16.99 dwelling units per gross acre. Open spaces are
distributed throughout the development with a variety of pedestrian,
equestrian, and recreational amenities adjacent to the canal. Conceptual
elevations were provided for the multifamily buildings only and depict a
façade that integrates stone, pop outs, balconies, shade awnings, multiple
window sizes and styles, and variation in the roofline and pitches. The
proposal is compatible in scale and intensity with existing development in
the surrounding area. General conformance to the proposed conceptual
plans is recommended.

2) Stipulation 1.a was intended to apply solely to the specific quantity and
configuration of drive-throughs as depicted on the stipulated conceptual
planting plan presented in the original rezoning case. The stipulation is
not relevant if this original plan is no longer stipulated. The South
Mountain Village Planning Committee recommended revised language
prohibiting drive-through facilities. It is not recommended to adopt any
stipulation language that prohibits uses otherwise permitted in a zoning
district. Therefore, the applicant’s request to delete this stipulation is
recommended to be approved.

3) Stipulation 1.b required the project to be developed in specific regard to
the configuration of 27th Street and its alignment with the existing portion
of 27th Street south of Baseline Road, as depicted on the stipulated plan.
The applicant argued that this stipulation was originally proposed in the
event a traffic signal were required at that intersection in the future and
stated that the proposed development did not meet the signal warrants
necessary to justify the installation of a traffic signal. They also stated that
there is public opposition to the alignment. They stated that they believed
the stipulation was a last-minute addition at the June 27, 2018 City
Council meeting and requested deletion of the stipulation.

It is not an accurate assessment to state that the stipulation was a last-
minute addition at the City Council. Discussion regarding this proposed
alignment was continuous throughout the original rezoning case process.



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The Street Transportation Department staff recommendation in the
original rezoning case, dated March 16, 2018, stated that staff
recommends the alignment to improve access to Baseline Road. They did
note that the intersection may be signalized if warrants were met, but this
was not the sole intention of the recommendation. In the applicant’s
Neighborhood Meeting Summary for a community meeting held April 16,
2018, during processing of the case, they indicated that they discussed
the proposed alignment with community members and stated that while
discussions were ongoing with staff, they were optimistic that they could
accomplish a design that included the alignment. The Staff Report for
Rezoning Case No. Z-10-18 dated May 1, 2018 referenced these
discussions and noted a lack of certainty regarding the ultimate outcome
of the alignment. This lack of certainty was the primary reason why
general conformance to the conceptual site plan date stamped February
12, 2018, which was the site plan included in the staff report, was not
recommended at that time. At the May 8, 2018 South Mountain Village
Planning Committee meeting, the applicant presented two conceptual
street alignments for 27th Street and stated that they were continuing to
work with staff on this issue. The Committee ultimately recommended an
additional stipulation requiring the alignment with the understanding that
the specific design was yet to be approved by the City. At the June 7,
2018 Planning Commission meeting, the Commission recommended
approval per the original staff recommendation primarily based on
concerns regarding the Village Planning Committee’s recommendation
and related public comments at the Commission meeting regarding
enforceability of proposed restrictions on drive-through and restaurant
uses. Following this meeting, the applicant submitted a revised
conceptual plan, date stamped June 25, 2018, that depicted the alignment
of 27th Street with the existing portion south of Baseline Road. Staff
reviewed this plan and subsequently issued a City Council Backup Memo
dated June 27, 2018 which recommended general conformance to this
plan with specific regard to the alignment as depicted. At the June 27,
2018 City Council meeting, the item was approved per this memo with the
applicant in support.

The applicant’s argument that the proposed development did not meet the
signal warrants necessary to justify the installation of a traffic signal is
unclear. Street Transportation Department staff noted that they have not
received a Traffic Impact Study that addresses signal warrant analysis for
27th Street and Baseline Road. The most recent study submitted for this
location was in 2018 and did not include signal warrant analysis. Further,
this study was relevant to the original development proposal from the 2018
rezoning case. No study has been provided that is relevant to the current
development proposal, which is for a significantly different project. Finally,
as stated above, staff supports the alignment of 27th Street independent
from the specific outcome of a traffic signal analysis at this intersection.



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The staff position regarding the proposed alignment has not changed over
time. Regarding the current request, the Street Transportation Department
has stated that they do not support the current site plan layout with
specific regard to the depicted misalignment of 27th Street. The Street
Transportation Department supports the realignment of 27th Street with
the existing portion of this street south of Baseline Road. Staff noted that
the alignment of 27th Street would improve traffic safety in the surrounding
area by removing overlapping vehicle turns, providing predictability and
consistency in the street grid, and creating a potential location for a future
traffic signal.

For these reasons, the applicant’s request to delete the stipulation is
recommended to be denied as filed and approved with a modification.
The modification provides new language that addresses the need to revise
the site plan to depict the alignment of 27th Street which is not present on
the proposed plan.

4) Stipulation 2 regarding general conformance to elevations is no longer
required given the recommendation in this hearing regarding Stipulation 1.
The applicant’s request for deletion is recommended for approval.

5) Stipulation 2.a requires all buildings to provide pitched roofs. The
applicant requested to modify this stipulation to apply to “some of the
buildings in the development”. This language lacks clarity as to how many
buildings this could or should apply to. The Baseline Area Overlay District
(BAOD) already contains a design presumption regarding pitched roofs.
The original intent of this stipulation was to enhance the rural or agrarian
character by making this presumption a requirement. However, this
property is now being developed in conjunction with two other adjacent
companion rezoning cases. Neither of these cases contain this stipulation
and the BAOD will apply to all property in all three cases. Therefore, the
applicant’s request for modification is recommended to be denied as filed
and approved as a deletion. This will provide consistency between the
stipulations in the three cases. Note that the recommended deletion of
Stipulation 2 and 2.a leaves Stipulation 2.b. As Stipulation 2.b was not
part of the applicant’s request, the text of this stipulation becomes the text
of Stipulation 2 by default.

6) New Stipulation 2.b (Original Stipulation 3.b) requires an equestrian corral
area. (Note that Ordinance G-6478 regarding Rezoning Case No. Z-10-
18-8 was mistakenly issued in legislative edit form. The original
Stipulation 2.b was renumbered as Stipulation 3.b. In this PHO request it
was advertised as Stipulation 2.b, which is also the new stipulation
number based on this recommendation.) The applicant argued that there
are potential liability issues regarding a privately owned and maintained



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corral intended for open public use. Therefore, they proposed alternative
language that still requires equestrian related amenities while eliminating
the specific requirement for this to be a corral. This is consistent with the
original intent of the stipulation and is recommended for approval with
minor modifications to clarify the requirements.

7) Street Transportation Department staff recommended an additional
stipulation regarding a pedestrian pathway to provide safe pedestrian
access through the site to the public sidewalk on Baseline Road. The
stipulation is intended to provide safe pedestrian access to the commercial
center as well as the bus stop on Baseline Road. An abandonment is
anticipated along the 25th Street alignment where a sidewalk would have
otherwise been required. The stipulation is not prescriptive regarding the
form of shading along this pathway. Shade may be provided through a
combination of landscaping and/or structural shade. This additional
stipulation is recommended for adoption.

8) The South Mountain Village Planning Committee recommended a new
stipulation requiring cross-access easements between all commercial and
multifamily portions of the development and to the west. However, the
proposed conceptual plans are for a unified development that already
depicts this access. Significant deviation from the proposed plans would
necessitate further public hearings in which this recommendation could be
reassessed. This stipulation is not recommended to be adopted.

9) An additional stipulation is recommended to require the developer to
execute a Proposition 207 waiver of claims. This form is a requirement of
the Planning Hearing Officer process and was not completed prior to the
hearing.

STIPULATIONS

1. The development shall be in general conformance with the SITE PLAN
AND ELEVATIONS conceptual planting plan date stamped MAY 26, 2021
June 25, 2018, as modified by the following stipulations and approved by
the Planning and Development Department, and with specific regard to
the following:

a. The quantity and configuration of drive- through facilities on the subject
site.

a. THE SITE PLAN SHALL BE MODIFIED TO ALIGN 27TH STREET
b. WITH THE EXISTING PORTION OF 27TH STREET SOUTH OF
BASELINE ROAD OR PROVIDE AN ALTERNATIVE AS APPROVED
BY THE STREET TRANSPORTATION AND PLANNING AND
DEVELOPMENT DEPARTMENTS.



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Application PHO-1-21—Z-10-18-8
Page 12


The configuration of 27th Street, which aligns with the existing portion
of 27th Street south of Baseline Road.

2. The development shall be in general conformance with the elevations date
stamped February 12, 2018, as modified by the following stipulations and
approved by the Planning and Development Department.

a. Pitched roof elements shall be incorporated in all buildings.

b. All building elevations, including those facing or visible from the
Western Canal, shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses,
variation in window size and location, and/or other overhang canopies.

3. The developer shall provide the following amenities and open public
access to the amenities, as approved by the Planning and Development
Department:

a. A multi-use trail or shared-use path which provides connectivity
between Baseline Road and the Western Canal, in accordance with
the MAG supplemental details.

b. Equestrian corral AMENITY area containing hitching posts for
horses, WATER FOR EQUINE CONSUMPTION, AND
STRUCTURAL OR LANDSCAPED SHADING along the northern
property align LINE adjacent to the Western Canal.

c. Minimum of two shaded benches, along the northern property align
adjacent to the Western Canal.

d. Bicycle parking area containing a minimum of eight spaces. The
bicycle parking area shall utilize inverted-U bicycle racks or a similar
design that accommodates lock placement on both wheels and the
frame.

4. Any solid portion of a perimeter wall adjacent to the Western Canal shall
not exceed a maximum height of three feet, as approved by the Planning
and Development Department.

5. No drive-through facility shall locate its drive-through window facing a
residential use or Baseline Road, as approved by the Planning and
Development Department.




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Application PHO-1-21—Z-10-18-8
Page 13

6. Drive-throughs shall be screened from view of public rights-of-way and
residential uses with a landscaped berm or a combination of a wall and
landscaped berm at least four feet in height, as approved by the Planning
and Development Department.

7. The developer shall dedicate a 30-foot wide multi-use trail easement
(MUTE) along the north side of Baseline Road and construct a minimum
10-foot wide multi-use trail (MUT) within the easement, in accordance with
the MAG supplemental detail and as approved by the Parks and
Recreation and Planning and Development Departments.

8. The location of the bus stop along Baseline Road shall be approved by the
Public Transit Department.

9. THE DEVELOPER SHALL PROVIDE A MINIMUM 5-FOOT-WIDE
SHADED PEDESTRIAN PATHWAY ALONG THE EAST SIDE OF THE
25TH STREET ALIGNMENT PROVIDING A DIRECT CONNECTION
FROM THE PROPOSED MULTIFAMILY RESIDENTIAL DEVELOPMENT
TO THE PUBLIC SIDEWALK ALONG BASELINE ROAD, AS
APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

10. The developer shall construct all streets within and adjacent to the
9. 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.

11. In the event archaeological materials are encountered during construction,
10. 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.

12. The developer shall notify the following individuals at a minimum 10
11. calendar days prior to any Planning Hearing Officer request to modify or
delete stipulations. The notice shall include the date, time and location of
the hearing.

a. Tanis Earle
3602 East Vineyard Road
Phoenix, AZ 85042

b. Sandy Bawden
3232 East Vineyard Road
Phoenix, AZ 85042




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Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-10-18-8
Page 14



c. Kay Gunter
1821 East Latona Road
Phoenix, AZ 85042

d. Deandra Ervin
2914 East Constance Way
Phoenix, AZ 85042

e. Linda Martin
7049 South Golfside Lane
Phoenix, AZ 85042

f. Stephanie Watney
834 East Beverly Road
Phoenix, AZ 85042

g. Anthony Siglar
2727 East Donnor Drive
Phoenix, AZ 85042

h. Kenneth And June Wood
2447 East Fremont Road
Phoenix, AZ 85042

i. Melissa Hinkle
7051 South 27th Way
Phoenix, AZ 85042

j. Steve And Robin Martin
8517 South 30th Way
Phoenix, AZ 85042

k. Heather Cannon
8032 South 27th Way
Phoenix, AZ 85042

l. Hayime Monge
7507 South 27th Terrace
Phoenix, AZ 85042

m. Steven Pace
2198 East Camelback Road, Suite 210
Phoenix, AZ 85016




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Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-10-18-8
Page 15



n. Linda Anquoe
3923 East Carson Road
Phoenix, AZ 85042

o. Kent June
3917 East St. Catherine Avenue
Phoenix, AZ 85042

p. Monique Bontrager
6401 South 37th Street
Phoenix, AZ 85042

q. Amy Schneider
3232 East Maldonado
Phoenix, AZ 85042

r. Kim Figgins
2918 East Dunbar Drive
Phoenix, AZ 85042

13. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A
FORM APPROVED BY THE CITY ATTORNEY'S OFFICE. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE
INCLUDED IN THE REZONING APPLICATION FILE FOR RECORD.


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. Please contact the
Planning and Development Department, Tamra Ingersoll at voice number 602-534-6648
or TTY use 7-1-1.




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EXHIBIT M




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Attachment C

REPORT OF PLANNING COMMISSION ACTION
October 7, 2021

ITEM NO: 5
DISTRICT NO.: 8
SUBJECT:

Application #: PHO-1-21--Z-10-18-8
Location: Northwest corner of 27th Street and Baseline Road
Request: 1) Modification of Stipulation 1 regarding general conformance
to the conceptual planting plan date stamped June 25, 2018.
2) Deletion of Stipulation 1.a regarding the quantity and
configuration of drive-through facilities.
3) Deletion of Stipulation 1.b regarding the configuration of 27th
Street.
4) Deletion of Stipulation 2 regarding general conformance to
elevations date stamped February 12, 2018.
5) Modification of Stipulation 2.a regarding pitched roof
elements.
6) Modification of Stipulation 2.b regarding an equestrian corral
area.
Acreage: 10.31
Applicant: Cassandra Ayres, Beus Gilbert McGroder, PLLC
Owner: Baseline 25, LLC
Representative: Paul Gilbert, Beus Gilbert McGroder, PLLC

ACTIONS:

Staff Recommendation: Denial as filed and approval with modifications and additional
stipulations, as recommended by the Planning Hearing Officer.

Village Planning Committee (VPC) Recommendation:
South Mountain 7/13/2021 Denial as filed and approval with modifications.
Vote: 10-1-1.

Planning Hearing Officer Recommendation: The Planning Hearing Officer heard this
case on July 21, 2021 and recommended a continuance to the August 18, 2021 agenda.
The Planning Hearing Officer heard this case on August 18, 2021 and recommended
denial as filed and approval with modifications and additional stipulations.

Planning Commission Recommendation: Approval, per the Planning Hearing Officer
recommendation with a deletion of a stipulation.

Motion Discussion: N/A

Motion details: Commissioner Johnson made a MOTION to approve PHO-1-21—Z-10-
18-8, per the Planning Hearing Officer recommendation with the deletion of Stipulation
No. 1.a.




Page 364
Maker: Johnson
Second: Gorraiz
Vote: 6-2 (Busching, Perez)
Absent: Shank
Opposition Present: No

Stipulations:

1. The development shall be in general conformance with the SITE PLAN AND
ELEVATIONS conceptual planting plan date stamped MAY 26, 2021 June 25,
2018, as modified by the following stipulations and approved by the Planning and
Development Department, and with specific regard to the following:

a. The quantity and configuration of drive-through facilities on the subject site.

a. THE SITE PLAN SHALL BE MODIFIED TO ALIGN 27TH STREET WITH
b. THE EXISTING PORTION OF 27TH STREET SOUTH OF BASELINE
ROAD OR PROVIDE AN ALTERNATIVE AS APPROVED BY THE
STREET TRANSPORTATION AND PLANNING AND DEVELOPMENT
DEPARTMENTS.

The configuration of 27th Street, which aligns with the existing portion of
27th Street south of Baseline Road.

2. The development shall be in general conformance with the elevations date stamped
February 12, 2018, as modified by the following stipulations and approved by the
Planning and Development Department.

a. Pitched roof elements shall be incorporated in all buildings.

b. All building elevations, including those facing or visible from the Western
Canal, shall contain architectural embellishments and detailing such as
textural changes, pilasters, offsets, recesses, variation in window size and
location, and/or other overhang canopies.

3. The developer shall provide the following amenities and open public access to the
amenities, as approved by the Planning and Development Department:

a. A multi-use trail or shared-use path which provides connectivity between
Baseline Road and the Western Canal, in accordance with the MAG
supplemental details.

b. Equestrian corral AMENITY area containing hitching posts for horses,
WATER FOR EQUINE CONSUMPTION, AND STRUCTURAL OR
LANDSCAPED SHADING along the northern property align LINE adjacent
to the Western Canal.

c. Minimum of two shaded benches, along the northern property align adjacent
to the Western Canal.




Page 365
d. Bicycle parking area containing a minimum of eight spaces. The bicycle
parking area shall utilize inverted-U bicycle racks or a similar design that
accommodates lock placement on both wheels and the frame.

4. Any solid portion of a perimeter wall adjacent to the Western Canal shall not exceed
a maximum height of three feet, as approved by the Planning and Development
Department.

5. No drive-through facility shall locate its drive-through window facing a residential
use or Baseline Road, as approved by the Planning and Development Department.

6. Drive-throughs shall be screened from view of public rights-of-way and residential
uses with a landscaped berm or a combination of a wall and landscaped berm at
least four feet in height, as approved by the Planning and Development Department.

7. The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE) along
the north side of Baseline Road and construct a minimum 10-foot wide multi-use
trail (MUT) within the easement, in accordance with the MAG supplemental detail
and as approved by the Parks and Recreation and Planning and Development
Departments.

8. The location of the bus stop along Baseline Road shall be approved by the Public
Transit Department.

9. THE DEVELOPER SHALL PROVIDE A MINIMUM 5-FOOT-WIDE SHADED
PEDESTRIAN PATHWAY ALONG THE EAST SIDE OF THE 25TH STREET
ALIGNMENT PROVIDING A DIRECT CONNECTION FROM THE PROPOSED
MULTIFAMILY RESIDENTIAL DEVELOPMENT TO THE PUBLIC SIDEWALK
ALONG BASELINE ROAD, AS APPROVED OR MODIFIED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

10. The developer shall construct all streets within and adjacent to the development with
9. 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.

11. In the event archaeological materials are encountered during construction, the
10. 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.

12. The developer shall notify the following individuals at a minimum 10 calendar days
11. prior to any Planning Hearing Officer request to modify or delete stipulations. The
notice shall include the date, time and location of the hearing.

a. Tanis Earle
3602 East Vineyard Road
Phoenix, AZ 85042

b. Sandy Bawden
3232 East Vineyard Road




Page 366
Phoenix, AZ 85042

c. Kay Gunter
1821 East Latona Road
Phoenix, AZ 85042

d. Deandra Ervin
2914 East Constance Way
Phoenix, AZ 85042

e. Linda Martin
7049 South Golfside Lane
Phoenix, AZ 85042

f. Stephanie Watney
834 East Beverly Road
Phoenix, AZ 85042

g. Anthony Siglar
2727 East Donnor Drive
Phoenix, AZ 85042

h. Kenneth And June Wood
2447 East Fremont Road
Phoenix, AZ 85042

i. Melissa Hinkle
7051 South 27th Way
Phoenix, AZ 85042

j. Steve And Robin Martin
8517 South 30th Way
Phoenix, AZ 85042

k. Heather Cannon
8032 South 27th Way
Phoenix, AZ 85042

l. Hayime Monge
7507 South 27th Terrace
Phoenix, AZ 85042

m. Steven Pace
2198 East Camelback Road, Suite 210
Phoenix, AZ 85016


n. Linda Anquoe
3923 East Carson Road
Phoenix, AZ 85042




Page 367
o. Kent June
3917 East St. Catherine Avenue
Phoenix, AZ 85042

p. Monique Bontrager
6401 South 37th Street
Phoenix, AZ 85042

q. Amy Schneider
3232 East Maldonado
Phoenix, AZ 85042

r. Kim Figgins
2918 East Dunbar Drive
Phoenix, AZ 85042

13. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER SHALL
EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM APPROVED
BY THE CITY ATTORNEY'S OFFICE. THE WAIVER SHALL BE RECORDED
WITH THE MARICOPA COUNTY RECORDER'S OFFICE AND DELIVERED TO
THE CITY TO BE INCLUDED IN THE REZONING APPLICATION FILE FOR
RECORD.

This publication can be made available in alternate format upon request. Please contact
Angie Holdsworth at (602) 495-5622, TTY use 7-1-1.




Page 368
Attachment D
Racelle Escolar

From: Beau Woodring
Sent: Thursday, October 7, 2021 3:09 PM
To: PDD Planning Commission
Subject: comment card for tonight's hearing



Item number 5
Case Number: PHO‐1‐21‐‐Z‐10‐18‐8

On behalf of the Woodring family, we would like to strongly support item number 3: deletion of stipulation of
27th Street alignment. To be clear, we want to leave it the way it is, for many reasons. It does NOT need to be
rearranged or realigned. Doing so is just silly.

Thank You,
Woodring Family, Phoenix AZ




Page1 369



Report

Supporting documents

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View on Agenda Online ↗

Item text
***REVISED ITEM (SEE ATTACHED MEMO)*** Public Hearing and Modification of
Stipulation Request for Ratification of Aug. 18, 2021 Planning Hearing Officer
Action - PHO-2-21--Z-63-05-8 - Approximately 820 Feet East of the Northeast
Corner of 24th Street and Baseline Road (Ordinance G-6916)

Request to hold a public hearing on the item and consider approval of the Planning
Hearing Officer recommendation on Aug. 18, 2021.

Summary
Application: PHO-2-21--Z-63-05-8
Existing Zoning: C-1 BAOD
Acreage: 4.17

Applicant: Cassandra Ayres, Beus Gilbert McGroder, PLLC
Owner: Vahik Sahakian
Representative: Paul Gilbert, Beus Gilbert McGroder, PLLC

Proposal:
1. Modification of Stipulation 1 regarding general conformance to the site plan and
elevations date stamped Feb. 19, 2016.
2. Deletion of Stipulation 2 regarding maximum one access point on 25th Street.
3. Deletion of Stipulation 3 regarding cross access to the commercial site to the west.

Concurrence/Previous Council Action
VPC Action: The South Mountain Village Planning Committee heard this case on July
13, 2021 and recommended denial as filed and approval with modifications, by a 10-2-
1 vote.
PHO Action: The Planning Hearing Officer heard this case on Aug. 18, 2021, and
recommended approval with a modification and additional stipulation. Please see
Attachment A for a complete list of the Planning Hearing Officer's recommended
stipulations.
The Planning Hearing Officer recommendation was not appealed.
The Phoenix City Council withdrew this request from the September 15, 2021 Formal
agenda in order for it to be advertised for a public hearing with two other companion
cases.


Page 370


Location
Approximately 820 feet east of the northeast corner of 24th Street and Baseline Road
Council District: 8
Parcel Address: 2450, 2456, 2460, 2462, and 2470 E. Baseline Road

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




Page 371
Attachment A- Stipulations- PHO-2-21--Z-63-05-8

Location: Approximately 820 feet east of the northeast corner of 24th Street and
Baseline Road

Stipulations:

1. That the subject property shall be developed THE DEVELOPMENT SHALL BE in
general conformance to WITH the site plan and elevations date stamped MAY 26,
2021 February 19, 2016, as modified by the following stipulations and as
approved by the Planning and Development Department.

2. That the subject property be developed with only one access on 25th Street as
approved by the Planning and Development Department.

3. That the developer provide one point of cross access from the subject property
to the commercial site located to the west of the site, as approved by the
Planning and Development Department.

2. DRIVE-THROUGHS SHALL BE SCREENED FROM VIEW OF PUBLIC RIGHTS-
OF-WAY AND RESIDENTIAL USES WITH A LANDSCAPED BERM OR A
COMBINATION OF A WALL AND LANDSCAPED BERM AT LEAST FOUR FEET
IN HEIGHT, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

3. That Prior to site plan approval, the property owner shall record documentation
4. that discloses to purchasers of property within the development the existence and
operational characteristics of Sky Harbor International Airport. The form and
content of such documents shall be reviewed and approved by the City Attorney.

4. That The developer SHALL provide a 10-foot wide multi-use trail with a 30-foot
5. trail easement along the north side of Baseline Road, as approved by the Planning
and Development Department.

5. That Right-of-way totaling 60-feet and a 20-foot sidewalk/trail easement shall be
6. dedicated for the north half of Baseline Road, as approved by the Planning and
Development Department.

6. That A 21-foot by 21-foot right-of-way triangle shall be dedicated at the northwest
7. corner of 24th Street and Baseline Road, as approved by the Planning and
Development Department.

7. That The developer shall construct all streets adjacent to the development with
8. paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping, and other
incidentals as per plans approved or modified by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.

8. That All perimeter walls shall consist of 3-feet block and 3-feet wrought iron, as
9. approved or modified by the Planning and Development Department.



Page 372
9. Prior to preliminary site plan approval, the landowner shall execute a Proposition
10. 207 waiver of claims in a form approved by the City Attorney’s Office. The waiver
shall be recorded with the Maricopa County Recorder’s Office and delivered to
the city to be included in the rezoning application file for record.




Page 373
Attachment B




Village Planning Committee Meeting Summary
PHO-2-21—Z-63-05-8

Date of VPC Meeting July 13, 2021
Planning Hearing Officer July 21, 2021 (Continued)
Hearing Date
Request 1) Modification of Stipulation 1 regarding general
conformance to the site plan and elevations date
stamped February 19, 2016.

2) Request to delete Stipulation Nos. 2 and 3
regarding maximum access points on 25th Street
and cross access to the commercial site along the
west.
Location Approximately 820 feet east of the northeast corner of
24th Street and Baseline Road.

VPC Recommendation Denial as filed, approved with modifications.

VPC Vote 10-2-1, motion passed; Members Alvarez, Brooks,
Brownell, Busching, Holmerud, Marchuk, Ray, Shepard,
Smith, and Daniels in favor. Members Larios and Said in
dissent. Member Monge Kotake abstained.
VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Cases PHO-2-21—Z-63-05-8, PHO-1-21—Z-59-18-8, and PHO-1-21—Z-10-18-8
were heard concurrently.

One member of the public registered to speak on this item during the public
meeting.

Enrique Bojórquez, staff, introduced himself and provided a presentation
regarding each of the three PHO cases. He discussed the location of the overall
project site and individual PHO cases. The requested stipulation modifications by
the applicant were shown for each case. He also showed previously approved
site plans and/or building elevations, in addition to the new proposed site plan for
the overall project site and building elevations.

Greg Brownell asked if staff provides a recommendation on the requested
modifications. He prefers that no drive-throughs are approved for the site.




Page 374
Mr. Bojórquez responded that staff does not provide recommendation on
Planning Hearing Officer (PHO) cases.

Chairwoman Daniels asked why no building elevations were provided for the
commercial phase of the project.

Mr. Bojórquez responded that the applicant can address this question.

Marcia Busching asked if a detailed review of the plans has been conducted.

Mr. Bojórquez responded that usually a development services pre-application
meeting is conducted by the applicant to gather technical review comments on
the site plan proposed and that PHO staff review the documents once submitted.

Martin Hayime Monge Kotake lives east of the proposed development.
Currently, the 27th Street alignment is dangerous and prefers that the street
alignment remains as shown in the site plan approved in 2018.

Gene Holmerud discussed the 27th Street and Baseline Road alignment
involving the topographical survey of the area.

Trent Marchuk asked about the conformance to the Baseline Area Overlay
District (BAOD) in the site plan and referenced several potential conflicts. The
drive-throughs should be eliminated and prefers that the pitched roofs stay in the
stipulations.

Muriel Smith discussed the 27th Street alignment and previous concerns raised
then about this.

Mr. Bojórquez responded that the applicant might be able to address questions
about their current layout and why it changed from the 2018 site plan.

Chairwoman Daniels discussed several aspects of the proposed stipulations
pertaining to:

• New site layout is an improvement, as it is adding new housing units to the
area;
• Discussed the public access and the changes to the overall site plan;
• Pedestrian access for the multifamily should be provided to commercial
areas;
• 25th Street no longer being a public street, now proposed as a private
drive;
• Pitched roof elements should be kept;
• Equestrian corral area was discussed;
• Would love to see Walkable Urban code elements added to the project;




Page 375
Mr. Bojórquez responded that the multifamily portion of the site could be a gated
community, as show in the site plan provided by the applicant. Furthermore, that
25th Street is no longer proposed as a public street, but rather a private drive.

Paul Gilbert, with Beus Gilbert McGroder PLLC, introduced himself as the
representative of the developer and introduced the project. The proposed site
plan meets all of the required standards, while exceeding some standards such
as open space, where 30-percent open space is provided to account for water
retention. He introduced the project team, PHO case boundaries and discussed
the conceptual site plan for the entire site. He showed the commercial and
multifamily residential phases of the conceptual site plan. One-hundred thirty
eight total units are proposed with a maximum density of 16.99 dwelling units per
acre. The site plan complies with the BAOD requirements and discussed the
amenities proposed, including the corral area. He discussed the stipulation
modification language proposed for each of the 3 PHO cases and stated that
drive-through facilities are needed. The 27th Street alignment was addressed,
adding that no traffic signal was warranted based on the traffic statement
conducted. An overview of the enhanced notification and outreach was provided.
Other aspects of the project such as pathways, health-safety enhancements,
architecture and walls were discussed. He no longer is requesting modification of
Stipulation No. 2.a on case PHO-1-21—Z-10-18-8 pertaining to pitched roof
elements.

Carl Starry, with LG Acquisitions LLC, introduced himself as the developer for the
residential phase of the project. He gave an overview of different multifamily
development projects built in other cities. He reviewed the three lists created by the
South Mountain Village Planning Committee and discussed why this property was
selected. He discussed amenities, layout, access, public art, and the clubhouse.

Mr. Holmerud asked whether the multi-use trail along Baseline Road had been
constructed. He asked for clarification on the electric charging station proposed.

Mr. Gilbert responded that the multi-use trail along Baseline Road will be provided.

Mr. Starry discussed the electric charging outline and possible locations for this
within the community.

Twanna Ray asked for clarification on the number of individuals that were spoken
to regarding this project.

Mr. Gilbert stated that within an 850-foot radius, over 600 people were contacted,
and no issues were raised on the project. Approximately 2.5 weeks were spent
doing the outreach.

Lee Coleman asked why some of the setbacks were not being met.




Page 376
Cassandra Ayres, with Beus Gilbert McGroder PLLC, introduced herself and
stated that they are asking for some of the parking to be allowed within the front
setback along Baseline Road. Thus, a variance is proposed to be requested to
address this aspect of the site plan.

Dr. George Brooks asked if the applicant met individually or as a group with
surrounding neighbors, and if a neighborhood meeting was held.

Susan Bitter Smith, with Technical Solutions, introduced herself as part of the
development team. Her group knocked on doors and assisted with the outreach for
this project.

Mr. Bojórquez added that no neighborhood meeting is required as part of PHO
applications.

Mr. Marchuk asked if the site plan will need to comply with BAOD standards. He is
concerned that some of the standards are not being met.

Mr. Bojórquez responded that the site plan will have to comply with the BAOD
standards.

Mr. Starry stated that their project will comply with BAOD standards, including
walkways.

Mr. Gilbert responded that they will review the Zoning Ordinance once again.

Mr. Monge Kotake asked if a traffic statement will be required for this project and
stated that his household was contacted, but no information about the project was
left for him to follow up on.

Mr. Gilbert stated that the city did not require a traffic report, but one was
conducted anyway about a year ago.

Mr. Bojórquez stated that he did not observe a stipulation from the 2018 rezoning
case requiring a traffic statement to be submitted to the city at a later date.

Mr. Coleman discussed the intersection at 27th Street and Baseline Road.

Chairwoman Daniels allowed Ms. Jones to provide public comment on the cases.

JoLouise Jones, member of the public, introduced herself as a resident in the area
and stated that traffic is bad along this intersection now. Traffic will worsen if this
project is approved. The 27th Street alignment was approved in 2018 with the intent
to develop a traffic signal light.




Page 377
Mr. Gilbert stated that the current site plan reduces traffic counts as there is a
reduction of commercial uses.

Mr. Monge Kotake stated that the traffic report is from a year ago and thus
outdated now.

Mr. Coleman stated that aligning both sides of 27th Street north and south of
Baseline Road would be challenging.

Chairwoman Daniels asked why the stipulation pertaining to 27th Street was
added in the 2018 rezoning case.

Mr. Bojórquez responded that the 2018 rezoning case minutes are included in the
packet sent to all VPC members but cannot identify a specific reason while
browsing the minutes from 2018.

Kassandra Alvarez asked if the applicant had spoken with the Street
Transportation Department regarding the traffic.

Mr. Gilbert responded that he had contacted the traffic section and no traffic signal
was required.

Ms. Busching would like to stipulate several elements including:

• Cross-access agreement between the commercial and residential phases,
plus the property along the west;
• Maximum of one drive-through facility;
• Applicant to work with the Planning and Development Department, Street
Transportation Department and the community on the 27th Street alignment,
thus keeping Stipulation No. 1.b on PHO-1-21—Z-10-18-8;
• Keep Stipulation No. 2.a on case PHO-1-21—Z-10-18-8;

Greg Brownell, Kay Shepard and Kassandra Alvarez support these stipulations.

Mr. Gilbert would like flexibility to work out these issues with city staff.

Ms. Busching is concerned that the requested changes will not be addressed.

Mr. Holmerud is opposed to aligning 27th Street.

Mr. Marchuk agrees on aligning 27th Street and adding language pertaining to
berms and the BAOD.

Mr. Brownell and Ms. Busching agree with Mr. Marchuk’s comments.

Mr. Holmerud disagrees with Mr. Marchuk on aligning 27th Street.




Page 378
Lee Coleman and Shelly Smith left the meeting at 10:10pm, bringing the quorum to
14 members.

MOTION – PHO-2-21—Z-63-05-8:

Ms. Busching motioned to deny case PHO-2-21—Z-63-05-8 as filed, approve
with modifications. Ms. Shepard seconded the motion to approve.

Stipulation modifications approved for PHO-2-21—Z-63-05-8:

• Stipulation No. 1: That the subject property DEVELOPMENT shall be
developed in general conformance to WITH the CONCEPTUAL site plan and
elevations date stamped February 19, 2016 MAY 28, 2021, as modified by
the following stipulations and as approved by the PLANNING AND
DEVELOPMENT DEPARTMENT, EXCEPT THAT NO MORE THAN ONE
DRIVE-THROUGH FACILITY SHALL BE PROVIDED. THE DRIVE-
THROUGHS SHOULD BE SCREENED FROM VIEW OF THE
PERIMETER STREET WITH A LANDSCAPED BERM OR A
COMBINATION OF A WALL A LANDSCAPED BERM AT LEAST FOUR
FEET IN HEIGHT.

• Stipulation No. 2 was deleted.

• Stipulation No. 3: THERE SHALL BE VEHICULAR AND PEDESTRIAN
CROSS ACCESS EASEMENTS FOR ALL COMMERCIAL PAD SITES
AS WELL AS THE MULTIFAMILY PORTION OF THE DEVELOPMENT.
A PEDESTRIAN AND VEHICULAR CROSS ACCESS EASEMENT
SHALL BE PROVIDED ALONG THE COMMERCIAL PAD SITES WEST
OF THE DEVELPPMENT IN ORDER TO CONNECT TO THE
ADJACENT COMMERCIAL PROPERTY WEST OF THE PROJECT
SITE.

VOTE – PHO-2-21—Z-63-05-8:
10-2-1, motion passed; Members Alvarez, Brooks, Brownell, Busching,
Holmerud, Marchuk, Ray, Shepard, Smith, and Daniels in favor. Members Larios
and Said in dissent. Member Monge Kotake abstained.

STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:

None.




Page 379
Attachment C


REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Bradley Wylam, Planner I, Assisting

August 18, 2021

ITEM NO: 8
DISTRICT 8
SUBJECT:

Application #: PHO-2-21--Z-63-05-8 (Continued from 7/21/21 agenda)
Location: Approximately 820 feet east of the northeast corner of 24th
Street and Baseline Road
Existing Zoning: C-1 BAOD
Acreage: 4.17
Request: 1) Modification of Stipulation 1 regarding general
conformance to the site plan and elevations date
stamped February 19, 2016.
2) Deletion of Stipulation 2 regarding maximum one access
point on 25th Street.
3) Deletion of Stipulation 3 regarding cross access to the
commercial site to the west.
Applicant: Cassandra Ayres, Beus Gilbert McGroder
Owner: Vahik Sahakian
Representative: Paul Gilbert, Beus Gilbert McGroder

ACTIONS

Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended approval with a modification and additional stipulation.

Village Planning Committee (VPC) Recommendation: The South Mountain
Village Planning Committee heard this request on July 13, 2021 and
recommended denial as filed and approval with modifications by a vote of 10-2-1.

DISCUSSION

Paul Gilbert, representative with Beus Gilbert McGroder, gave an overview of the
project team and property location. He reviewed the South Mountain Village
Planning Committee meeting on August 10, 2021, which resulted in a
recommendation for approval with modifications for Case Nos. PHO-2-21—Z-63-
05-8 and PHO-1-21—Z-59-18-8 and denial as filed, approval with modifications
for Case No. PHO-1-21—Z-10-18-8. He stated the proposed uses are allowed in
the C-1 BAOD zoning district and stipulation modifications are needed to allow
development per the proposed conceptual site plan for each case. He stated the




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Planning Hearing Officer Summary of August 18, 2021
Application PHO-2-21—Z-63-05-8
Page 2

proposed conceptual site plan depicts 138 multifamily residential units at a
density of 16.99 dwelling units per gross acre on the northern portion of the
combined site with 5 commercial pads to provide retail or restaurants on the
southern portion of the combined site. He stated that the proposed site plan
complies with the regulations of the Baseline Area Overlay District (BAOD) and is
compatible with the rural, agricultural, and equestrian character of the
surrounding area.
Mr. Gilbert stated that the applicant is opposed to the South Mountain VPC
recommendation regarding the realignment of 27th Street with the existing
portion of 27th Street south of Baseline Road, limiting the number of drive-
throughs permitted on the site, and providing pedestrian and vehicular access to
the commercial property to the west. He stated that the applicant completed a
door-to-door survey within an 850-foot radius of the site and found residents
supported the proposed development and no resident surveyed was in support of
the realignment of 27th Street. He noted that they have submitted letters from the
public generally showing support for the development and letters of opposition
regarding the existing stipulated realignment of 27th Street. He also noted that a
petition of 24 people was provided that supports the proposed development
generally. He discussed the recommended realignment and stated that CivTech,
a traffic engineering firm, completed a study on the intersection that noted a
realignment would not alleviate traffic concerns near the site. He stated the study
noted the potential number of users of 27th Street would not necessitate a
realignment or a traffic signal at the intersection of 27th Street and Baseline
Road. He noted that the wait times to cross Baseline Road would not decrease
due to a realignment and that a traffic signal at the intersection could increase
cut-through traffic through the neighborhood south of the subject property and
across Baseline Road. He stated that traffic accidents that have occurred at the
intersection have largely been rear-end collisions and not due to the existing turn
movements at the existing intersections. He stated that the realignment is not an
exaction that meets the proportionality requirement as established by previous
court cases and existing state statutes. He addressed the VPC recommendation
regarding drive-throughs and stated that a limit on the number of drive-through
restaurants was not appropriate as this is a land use otherwise permitted by right,
subject to performance standards, in this zoning district. He stated that the VPC
recommended a stipulation regarding vehicular and pedestrian access to the site
to the west, but conditions on this adjacent site do not allow for cross access and
the stipulation is both impractical and unenforceable. He stated that the VPC also
recommended a stipulation regarding pedestrian and vehicular access between
the commercial and residential portions within the subject site, which the
applicant supports.




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Planning Hearing Officer Summary of August 18, 2021
Application PHO-2-21—Z-63-05-8
Page 3

Mr. Gilbert gave an overview of the proposed stipulation modifications on PHO-2-
21—Z-63-05-8 regarding general conformance to the conceptual site plan and a
deletion of stipulations regarding 25th Street access and cross access to the
commercial site to the west. He gave an overview of the proposed stipulation
modifications on PHO-1-21—Z-59-18-8 and noted a comment from a VPC
member that supported the multifamily housing design depicted on the
conceptual site plan. He stated that the proposed deletion of Stipulation 1.a and
1.b regarding pedestrian and vehicular cross access would be addressed
through the proposed conceptual site plan. He gave an overview of the proposed
stipulation modifications on PHO-1-21—Z-10-18-8. He stated the limitations on
drive throughs and stipulation regarding the alignment of 27th Street should be
deleted per the rationale discussed earlier. He stated that modification to
Stipulation 2.a was discussed at the VPC meeting and recommended to be
retained and that the applicant had decided to not pursue the original proposed
modification of that stipulation. He stated Stipulation 3.b regarding equestrian
corral areas is requested to be modified to change the language to allow for more
reasonably sized and feasible equestrian facilities.
JoJo Jones, Mountain Grove community member, stated there are existing
issues in the traffic movements at the 27th Street and Baseline intersection. She
expressed concerns regarding increased traffic on 27th Street related to the
proposed multifamily residential development in addition to the commercial
portion of the development. She stated that the previous developer agreed that a
realignment would be necessary, but that this disagreement during the original
rezoning case had largely centered around who would be responsible for the
improvements.
Rhonda Neff, Mountain Grove community member, stated she is opposed to the
realignment of 27th Street and stated that the proposed realignment would
require residents of Mountain Grove to enter their neighborhood from within the
proposed commercial development. She stated that property values and public
safety would be decreased by entering through the proposed commercial
development. She stated the applicant has responded to the concerns raised by
the surrounding community after the original rezoning case regarding the
realignment. She stated that she spoke to her neighbors that mentioned that they
would consider selling their properties if 27th Street was realigned per the staff
recommendation due to concerns with property values and public safety. She
stated that she understood the legal concerns from the applicant regarding the
limitation on drive-through uses, although she hoped there would be sit-down
restaurants included within the development. She stated that regardless of the
final alignment, 27th Street would likely see increased traffic with any
development on the subject site, but that should be expected.




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Planning Hearing Officer Summary of August 18, 2021
Application PHO-2-21—Z-63-05-8
Page 4

Mr. Gilbert stated that concerns regarding increased traffic are understood but
noted that the entrance near the current alignment of 25th Street would be the
main entrance to the development and allow for trucks and other vehicles to
enter at this location rather than at 27th Street. He stated that most residents in
the surrounding area support the plan as proposed and oppose the realignment
of 27th Street.
Trent Marchuk, member of the South Mountain VPC, stated that the purpose of
the VPC’s recommendation regarding limiting the number of drive-throughs is in
response to the South Mountain Village Character Plan which noted a lack of
healthy restaurants in the area. He discussed the Village’s recommendation
regarding the realignment of 27th Street and the suggestion to allow the
applicant to explore alternative options and noted that the original stipulation
regarding the realignment of 27th Street asked the developer to work with the
Street Transportation Department to come up with potential options for the
realignment. He noted that the rationale behind the applicant’s disagreement with
the recommended cross access to the site to the west made sense and that he
supported their request.
Mr. Gilbert stated that the presence of drive-throughs does not guarantee that the
restaurants themselves are solely unhealthy restaurants and noted two
restaurants they are in discussions with regarding the site. He noted that the
BAOD does not contain limitations on the number of drive-through restaurants
permitted on a site and only addresses design guidelines for these uses.
Adam Stranieri, Planning Hearing Officer, agreed that the BAOD does not limit
the number of drive-throughs, but does include design guidelines for drive-
throughs including screening and grouping of pads. He noted that the Street
Transportation Department does not support the request to delete the stipulation
regarding the realignment of 27th Street in PHO-1-21--Z-10-18-8. He asked the
applicant if they believed the CivTech study would provide information that would
potentially alter the recommendation made by the Street Transportation
Department regarding the realignment. Mr. Gilbert stated he believed the results
of that study could potentially change their recommendation, but he would not
want to continue the case at this time to wait for this analysis. He noted he
supported how the VPC worded the stipulation in their recommendation to allow
the developer to work with the Planning and Development and Street
Transportation Department to come to a decision. Mr. Stranieri stated that the
CivTech documents have not been received by staff and that he would not make
a recommendation based on a study that neither he nor Street Transportation
Department staff had reviewed, particularly if the applicant wished to have a
decision during this hearing. He stated he would be moving forward using the
recommendation from the Street Transportation Department regarding the
realignment with a modification to include the South Mountain Village




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Planning Hearing Officer Summary of August 18, 2021
Application PHO-2-21—Z-63-05-8
Page 5

recommendation regarding the option for alternative alignments. He noted that
the intent with the recommended modification was not to allow the applicant to
avoid the realignment, but rather allow flexibility in how the alignment would be
implemented.
Mr. Stranieri stated that public correspondence was received prior to the hearing.
This included a petition with 24 signers that indicated support for the
development but did not address the alignment, 21 letters of support for the
development that did not address the alignment, and 12 letters in opposition to
the alignment which highlighted safety hazards and concerns about residential
access to Mountain Grove. He stated that a letter submitted by Rhonda Neff also
highlighted many points made during her comments earlier in the hearing. He
stated that a letter from Marcia Busching, South Mountain VPC member, was
received which expressed communication issues with the applicant and noted a
desire to see the VPC recommendation upheld.
Recommendation regarding PHO-2-21--Z-63-05-8
Mr. Stranieri stated PHO-2-21—Z-63-05-8 is located on the southwestern side of
the proposed conceptual site plan and includes both residential and commercial
portions of the development. He stated that the complete multifamily residential
complex provides 138 units at a density of 16.99 dwelling units per gross acre
and noted that conceptual elevations were submitted for the residential portion
but not the commercial portion. He stated the elevations depict a variety of
desirable architectural features and recommended general conformance. He
stated that the scale and intensity is compatible with the surrounding area and
the character intended by the BAOD. He stated that Stipulation 2 regarding one
access point on 25th Street is no longer applicable due to the proposed
abandonment of 25th Street and the lack of single-family units to the east, which
the stipulation was originally intended to address. He stated that Stipulation 3
regarding one point of cross access to the site to the west is recommended to be
deleted due to circumstances regarding development of the neighboring
property. He stated that the VPC recommendation regarding limitations on the
number of drive-through restaurants will not be approved because it would
improperly prohibit uses otherwise allowed by right in the zoning district. He
noted that the recommendation regarding screening of drive-throughs is
established by the BOAD as a design presumption, but it could be included as a
stipulation to create a requirement and provide consistency with the existing
stipulations in Z-10-18-8.
Recommendation regarding PHO-1-21--Z-59-18-8
Mr. Stranieri stated PHO-1-21—Z-59-18-8 is located at the northwestern side of
the proposed conceptual site plan and includes a residential portion of the
development. He stated that the complete multifamily residential complex



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Planning Hearing Officer Summary of August 18, 2021
Application PHO-2-21—Z-63-05-8
Page 6

provides 138 units at a density of 16.99 dwelling units per gross acre and noted
that conceptual elevations were submitted for the residential portion but not the
commercial portion. He stated the elevations depict a variety of desirable
architectural features and recommended general conformance. He stated that
the scale and intensity is compatible with the surrounding area and the character
intended by the BAOD. He stated Stipulations 1.a and 1.b were intended to
provide connectivity with the property to the east from Z-10-18-8 and that the
unified proposed conceptual site plan between the cases alleviates the concerns
regarding connectivity. He stated that the request to delete Stipulation 3
regarding a conditional requirement to dedicate and construct 25th Street if the
property was developed as a stand-alone parcel is recommended to be approved
because the conceptual site plan shows a unified development and the applicant
would pursue abandonment of 25th Street. He stated that the VPC proposed
modifications of Stipulations 1.a and 1.b would not be required because the
property lines are internal and cross-access would be reviewed as part of the
conceptual site plan review process.
Recommendation regarding PHO-1-21--Z-10-18-8
Mr. Stranieri stated PHO-1-21—Z-10-18-8 is located on the eastern side of the
proposed conceptual site plan and includes both residential and commercial
portions of the development. He stated that the complete multifamily residential
complex provides 138 units at a density of 16.99 dwelling units per gross acre
and noted that conceptual elevations were submitted for the residential portion
but not the commercial portion. He stated the elevations depict a variety of
desirable architectural features and recommended general conformance. He
stated that the scale and intensity is compatible with the surrounding area and
the character intended by the BAOD.
Mr. Stranieri stated that the deletion of Stipulation 1.a regarding the quantity and
configuration of drive-throughs is recommended to be approved. He stated the
stipulation was originally proposed by staff to stipulate to the configuration of
buildings on the original site plan, but that this had been altered through the
original rezoning hearing process. He stated that deletion of Stipulation 1.b
regarding the realignment of 27th Street is not supported by the Street
Transportation Department. He stated that the Street Transportation Department
noted the realignment of 27th Street is intended to support and improve traffic
safety in the surrounding area. He noted that there are numerous conflicting turn
patterns at the intersection with Baseline Road and that the alignment would
provide predictability, alignment with the grid, and allow for a potential traffic
signal at the intersection. He stated there is no Traffic Impact Study addressing
signal warrant analysis and that the most recent study submitted in 2018 does
not reference the current proposed land uses.




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Planning Hearing Officer Summary of August 18, 2021
Application PHO-2-21—Z-63-05-8
Page 7

Mr. Gilbert stated that the applicant would meet with the Street Transportation
Department to discuss the findings of the CivTech study. Mr. Stranieri noted that
the South Mountain VPC recommended modification of the stipulation to allow
the applicant to work with staff to address options for the realignment. He stated
that the modification should not allow the applicant to continue the misalignment
of 27th Street. Cassandra Ayre, representative with Beus Gilbert McGroder,
stated the VPC recommendation allows alternative options to address traffic
issues without stipulating the realignment. She stated that the CivTech report
provides options for flexibility, which could be worked through with the Planning
and Development and Street Transportation Departments. Mr. Stranieri stated
that the recommended modification to Stipulation 1.b would address the need to
revise the site plan to depict the realignment of 27th Street.
Mr. Stranieri stated that he would recommend the deletion of Stipulation 2.a
regarding pitched roof elements to provide consistency with the two companion
cases. He stated that pitched roof elements are already a design presumption of
the BAOD and could be addressed through the Ordinance. He also noted that it
may be unclear to have different standards applied within the site to the same
buildings. He stated that the modification of Stipulation 2.b regarding an
equestrian corral would be recommended to be modified to allow for some
flexibility in the type of amenities to be provided. He stated the original intent was
to provide equestrian amenities to support the active equestrian lifestyle and
trails along the canal.
Mr. Stranieri stated that the Street Transportation Department recommended an
additional stipulation regarding a safe, shaded pedestrian pathway through the
site to connect the residential portion of the site to the sidewalk along Baseline
Road. He noted that this pathway should be provided in the area with the current
alignment of 25th Street. He noted that if 25th Street was developed, a public
sidewalk would otherwise have been provided here. Mr. Gilbert sought
clarification that the type of shade would be flexible and allow either trees or
structural shade. Mr. Stranieri confirmed that the type of shading would not be
stipulated and would allow for flexibility.

FINDINGS

1) This case was heard as a companion case to PHO-1-21--Z-10-18-8 and
PHO-1-21--Z-59-18-8. The conceptual site plan and building elevations
are the same in these three cases. The subject property in this case was
originally envisioned to develop as a standalone commercial retail center
and stipulated to a site plan depicting a variety of drive-throughs and small
shops with individual retail spaces ranging from approximately 2,500 to
21,472 square feet.




Page 386
Planning Hearing Officer Summary of August 18, 2021
Application PHO-2-21—Z-63-05-8
Page 8

The proposed conceptual site plan depicts the subject property of the
three companion cases developing in a unified fashion with a mixed-use
development. A combination of five commercial, retail, and drive-through
businesses are depicted along Baseline Road comprising approximately
19,098 total square feet, with individual establishments between 2,050
and 6,500 square feet. Behind the commercial development, adjacent to
the Western Canal, is a multifamily residential complex containing 138
units at a density of 16.99 dwelling units per gross acre. Open spaces are
distributed throughout the development with a variety of pedestrian,
equestrian, and recreational amenities adjacent to the canal. Conceptual
elevations were provided for the multifamily buildings only and depict a
façade that integrates stone, pop outs, balconies, shade awnings, multiple
window sizes and styles, and variation in the roofline and pitches. The
proposal is compatible in scale and intensity with existing development in
the surrounding area. General conformance to the proposed conceptual
plans is recommended.

2) The South Mountain Village Planning Committee recommended a
modification to Stipulation 1 that would limit drive-throughs and establish
an enhanced screening requirement for drive-throughs. It is not
recommended to adopt stipulation language that limits land uses
otherwise permitted in the underlying zoning district. However, the
recommended language regarding screening is consistent with existing
Stipulation 6 in Rezoning Case No. Z-10-18-8 and is compatible with
design goals in the Baseline Area Master Plan and Overlay District. The
screening language is recommended for adoption as a new additional
stipulation.

3) Stipulation 2 limits the development to a single access point on 25th
Street. This stipulation was established in the original rezoning case when
the site was envisioned to develop as a standalone commercial
development to mitigate and restrict vehicular access along 25th Street
where there were existing single-family residences on the east side of this
local street. The conceptual plans recommended for general conformance
in this request depict this property developing in conjunction with
properties to the north and east, with the single-family residences
removed, and 25th Street being abandoned. Therefore, the applicant’s
request to delete this stipulation is recommended for approval.

4) Stipulation 3 requires the developer to provide cross-access with the
commercial parcel to the west. This stipulation was established at a time
when the adjacent parcels to the west were envisioned to develop as a
large-scale commercial retail center. In the ensuing years, the City of
Phoenix acquired the northern portion of this site and developed a Park
and Ride facility. The Park and Ride parcel is configured with a flag that
extends from the Western Canal to Baseline Road, along the entire west



Page 387
Planning Hearing Officer Summary of August 18, 2021
Application PHO-2-21—Z-63-05-8
Page 9

property line of the subject property in this request. Additionally, the
commercial parcel to the west, across the flag, was not developed to
accommodate a cross-access driveway. Due to these conditions, the
applicant’s request to delete this stipulation is recommended for approval.

The South Mountain Village Planning Committee recommended that this
stipulation be replaced with a new stipulation requiring cross-access
easements between all commercial and multifamily portions of the
development and to the west. The recommendation regarding the west
property line is not recommended for inclusion per the discussion above.
The recommendation regarding the easements within the site is not
recommended for inclusion as the proposed conceptual plans are for a
unified development that already depicts this access. Significant deviation
from the proposed plans would necessitate further public hearings in
which this recommendation could be reassessed. This stipulation is not
recommended to be adopted.

5) During the hearing, it was noted that the applicant did not submit a
complete, notarized, recorded Proposition 207 waiver of claims form and
an additional stipulation was recommended. Later, it was noted that this
requirement already exists in Stipulation 10. Therefore, an additional
stipulation is unnecessary, and the existing stipulation will remain. The
applicant still must submit a complete, notarized, recorded Proposition 207
waiver of claims form per this stipulation for this request.

STIPULATIONS

1. That the subject property shall be developed THE DEVELOPMENT SHALL
BE in general conformance to WITH the site plan and elevations date
stamped MAY 26, 2021 February 19, 2016, as modified by the following
stipulations and as approved by the Planning and Development
Department.

2. That the subject property be developed with only one access on 25th
Street as approved by the Planning and Development Department.

3. That the developer provide one point of cross access from the subject
property to the commercial site located to the west of the site, as
approved by the Planning and Development Department.

2. DRIVE-THROUGHS SHALL BE SCREENED FROM VIEW OF PUBLIC
RIGHTS-OF-WAY AND RESIDENTIAL USES WITH A LANDSCAPED
BERM OR A COMBINATION OF A WALL AND LANDSCAPED BERM AT
LEAST FOUR FEET IN HEIGHT, AS APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.




Page 388
Planning Hearing Officer Summary of August 18, 2021
Application PHO-2-21—Z-63-05-8
Page 10



3. That Prior to site plan approval, the property owner shall record
4. documentation that discloses to purchasers of property within the
development the existence and operational characteristics of Sky Harbor
International Airport. The form and content of such documents shall be
reviewed and approved by the City Attorney.

4. That The developer SHALL provide a 10-foot wide multi-use trail with a 30-
5. foot trail easement along the north side of Baseline Road, as approved by
the Planning and Development Department.

5. That Right-of-way totaling 60-feet and a 20-foot sidewalk/trail easement
6. shall be dedicated for the north half of Baseline Road, as approved by the
Planning and Development Department.

6. That A 21-foot by 21-foot right-of-way triangle shall be dedicated at the
7. northwest corner of 24th Street and Baseline Road, as approved by the
Planning and Development Department.

7. That The developer shall construct all streets adjacent to the development
8. with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping,
and other incidentals as per plans approved or modified by the Planning
and Development Department. All improvements shall comply with all
ADA accessibility standards.

8. That All perimeter walls shall consist of 3-feet block and 3-feet wrought
9. iron, as approved or modified by the Planning and Development
Department.

9. Prior to preliminary site plan approval, the landowner shall execute a
10. Proposition 207 waiver of claims in a form approved by the City Attorney’s
Office. The waiver shall be recorded with the Maricopa County Recorder’s
Office and delivered to the city to be included in the rezoning application
file for record.


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. Please contact the
Planning and Development Department, Tamra Ingersoll at voice number 602-534-6648
or TTY use 7-1-1.




Page 389
Attachment D




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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Ordinance Adoption - Planning Hearing Officer Application
PHO-1-21--Z-59-18-8 - Approximately 615 Feet North of the Northwest Corner of
25th Street and Baseline Road (Ordinance G-6917)

Request to hold a public hearing on the item and consider adoption of the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on Aug. 18, 2021.

Summary
Application: PHO-1-21--Z-59-18-8
Existing Zoning: C-1 BAOD
Acreage: 0.80

Applicant: Cassandra Ayres, Beus Gilbert McGroder, PLLC
Owner: Vahik Sahakian
Representative: Paul E. Gilbert, Beus Gilbert McGroder, PLLC

Proposal:
1. Modification of Stipulation 1 regarding general conformance to the site plan date
stamped August 21, 2018.
2. Deletion of Stipulation 1.a regarding access to amenities to the east.
3. Deletion of Stipulation 1.b regarding vehicular cross access to adjacent properties to
the east and south.
4. Deletion of Stipulation 3 regarding a conditional requirement to dedicate and
construct 25th Street.

Concurrence/Previous Council Action
VPC Action: The South Mountain Village Planning Committee heard this case on July
13, 2021 and recommended denial as filed and approval with modifications, by a vote
of 11-0-2.
PHO Action: The Planning Hearing Officer heard this case on Aug. 18 , 2021 and
recommended approval with a modification and an additional stipulation. See
Attachment A for the full list of Planning Hearing Officer recommended stipulations.
The Planning Hearing Officer recommendation was not appealed.
The Phoenix City Council withdrew this request from the September 15, 2021 Formal


Page 429

agenda in order for it to be advertised for a public hearing with two other companion
cases.

Location
Approximately 615 feet north of the northwest corner of 25th Street and Baseline Road
Council District: 8
Parcel Address: 7402 S. 25th St.

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




Page 430
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-59-18-8 PREVIOUSLY APPROVED BY
ORDINANCE G-6546.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located approximately

615 feet north of the northwest corner of 25th Street and Baseline Road in a portion of

Section 35, Township 1 North, Range 3 East, as described more specifically in

Attachment “A”, are hereby modified to read as set forth below.

STIPULATIONS:

1. The development shall be in general conformance with the conceptual site plan
and elevation date stamped MAY 26, 2021 August 21, 2018, as may be
modified by the following stipulations for compliance with the canal bank design
guidelines in Section 507 Tab A of the Zoning Ordinance, and approved by the
Planning and Development Department., and with specific regard to the
following:

a. Pedestrian pathway to provide open public access to amenities on the
adjacent property to the east to be constructed of decorative pavers,
stamped or colored concrete, or another material, other than those used
to pave the parking surfaces and drive aisles.

b. Vehicular cross access to adjacent properties to the east and south, as
approved by the Planning and Development Department.




Page 431
2. Landscaping along the north property line shall be in conformance with the
Baseline Area Master Plan Plant List with specific regard to maximizing shade
and thermal comfort for pedestrians and active users along the canal, as
approved by the Planning and Development Department.

3. If the subject site develops as a stand-alone parcel and does not provide an
alternative street frontage to that existing along 25th Street, then the developer
shall be responsible for the dedication and construction of an offset cul-de-sac
bulb at the northern portion of 25th Street, south of the Western Canal, as
approved by the Planning and Development and Street Transportation
Department.

3. Any solid portion of a perimeter wall adjacent to the Western Canal shall not
4. exceed a maximum height of three feet, as approved by the Planning and
Development Department.

4. In the event archaeological materials are encountered during construction, the
5. 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.

5. The property owner shall record documents that disclose the existence and
6. operational characteristics of Sky Harbor International Airport (PHX) to future
owners or tenants of the property. The form and content of such documents
shall be according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

6. Prior to preliminary site plan approval, the landowner shall execute a Proposition
7. 207 waiver of claims in a form approved by the City Attorney's Office. The
waiver shall be recorded with the Maricopa County Recorder's Office and
delivered to the city to be included in the rezoning application file for record.


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

district granted pursuant to Ordinance G-6546, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6546 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




Page 432
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 3rd day of November,

2021.




________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeff Barton, City Manager



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




Page 433
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-21--Z-59-18-8

The North 100 feet of the following described property:

That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East
of the Gila and Salt River Base and Meridian, lying South of the Western Canal,
described as follows:

Beginning at a point of the South line of Section 35, Township 1 North, Range 3 East,
from which bears North 88 degrees, 30 Minutes, 30 Seconds East 736. 7 4 feet from
the Southwest corner thereof;

thence North 00 Degrees, 04 Minutes, West 787 .30 feet to the South line of the
Western Canal right of way;

Thence South 89 Degrees, 07 Minutes, East 278.74 feet along said Western Canal
right of way

Thence South 00 Degrees, 04 Minutes, East, 775.75 feet to the South line of said
Section 35;

Thence South 88 Degrees, 30 Minutes, 30,·seconds West 278.79 feet along said
Section.




Page 434
Page 435
Attachment B




Village Planning Committee Meeting Summary
PHO-1-21—Z-59-18-8

Date of VPC Meeting July 13, 2021
Planning Hearing Officer July 21, 2021 (Continued)
Hearing Date
Request 1) Modification of Stipulation 1 regarding general
conformance to the site plan date stamped August
21, 2018.

2) Request to delete Stipulation Nos. 1.a, 1.b, and 3
regarding access to amenities to the east, vehicular
cross access to adjacent properties, and
conditional requirements to dedicate and construct
25th Street.

Location Approximately 615 feet north of the northwest corner of
25th Street and Baseline Road

VPC Recommendation Denial as filed, approved with modifications.

VPC Vote 11-0-2, motion passed; Members Aldama, Alvarez,
Brooks, Brownell, Busching, Holmerud, Marchuk, Ray,
Shepard, Smith, and Daniels in favor. None in dissent.
Members Monge Kotake and Said abstained.
VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Cases PHO-2-21—Z-63-05-8, PHO-1-21—Z-59-18-8, and PHO-1-21—Z-10-18-8
were heard concurrently.

One member of the public registered to speak on this item during the public
meeting.

Enrique Bojórquez, staff, introduced himself and provided a presentation
regarding each of the three PHO cases. He discussed the location of the overall
project site and individual PHO cases. The requested stipulation modifications by
the applicant were shown for each case. He also showed previously approved
site plans and/or building elevations, in addition to the new proposed site plan for
the overall project site and building elevations.

Greg Brownell asked if staff provides a recommendation on the requested
modifications. He prefers that no drive-throughs are approved for the site.



Page 436
Mr. Bojórquez responded that staff does not provide recommendation on
Planning Hearing Officer (PHO) cases.

Chairwoman Daniels asked why no building elevations were provided for the
commercial phase of the project.

Mr. Bojórquez responded that the applicant can address this question.

Marcia Busching asked if a detailed review of the plans has been conducted.

Mr. Bojórquez responded that usually a development services pre-application
meeting is conducted by the applicant to gather technical review comments on
the site plan proposed and that PHO staff review the documents once submitted.

Martin Hayime Monge Kotake lives east of the proposed development.
Currently, the 27th Street alignment is dangerous and prefers that the street
alignment remains as shown in the site plan approved in 2018.

Gene Holmerud discussed the 27th Street and Baseline Road alignment
involving the topographical survey of the area.

Trent Marchuk asked about the conformance to the Baseline Area Overlay
District (BAOD) in the site plan and referenced several potential conflicts. The
drive-throughs should be eliminated and prefers that the pitched roofs stay in the
stipulations.

Muriel Smith discussed the 27th Street alignment and previous concerns raised
then about this.

Mr. Bojórquez responded that the applicant might be able to address questions
about their current layout and why it changed from the 2018 site plan.

Chairwoman Daniels discussed several aspects of the proposed stipulations
pertaining to:

• New site layout is an improvement, as it is adding new housing units to the
area;
• Discussed the public access and the changes to the overall site plan;
• Pedestrian access for the multifamily should be provided to commercial
areas;
• 25th Street no longer being a public street, now proposed as a private
drive;
• Pitched roof elements should be kept;
• Equestrian corral area was discussed;
• Would love to see Walkable Urban code elements added to the project;




Page 437
Mr. Bojórquez responded that the multifamily portion of the site could be a gated
community, as show in the site plan provided by the applicant. Furthermore, that
25th Street is no longer proposed as a public street, but rather a private drive.

Paul Gilbert, with Beus Gilbert McGroder PLLC, introduced himself as the
representative of the developer and introduced the project. The proposed site
plan meets all of the required standards, while exceeding some standards such
as open space, where 30-percent open space is provided to account for water
retention. He introduced the project team, PHO case boundaries and discussed
the conceptual site plan for the entire site. He showed the commercial and
multifamily residential phases of the conceptual site plan. One-hundred thirty
eight total units are proposed with a maximum density of 16.99 dwelling units per
acre. The site plan complies with the BAOD requirements and discussed the
amenities proposed, including the corral area. He discussed the stipulation
modification language proposed for each of the 3 PHO cases and stated that
drive-through facilities are needed. The 27th Street alignment was addressed,
adding that no traffic signal was warranted based on the traffic statement
conducted. An overview of the enhanced notification and outreach was provided.
Other aspects of the project such as pathways, health-safety enhancements,
architecture and walls were discussed. He no longer is requesting modification of
Stipulation No. 2.a on case PHO-1-21—Z-10-18-8 pertaining to pitched roof
elements.

Carl Starry, with LG Acquisitions LLC, introduced himself as the developer for the
residential phase of the project. He gave an overview of different multifamily
development projects built in other cities. He reviewed the three lists created by the
South Mountain Village Planning Committee and discussed why this property was
selected. He discussed amenities, layout, access, public art, and the clubhouse.

Mr. Holmerud asked whether the multi-use trail along Baseline Road had been
constructed. He asked for clarification on the electric charging station proposed.

Mr. Gilbert responded that the multi-use trail along Baseline Road will be provided.

Mr. Starry discussed the electric charging outline and possible locations for this
within the community.

Twanna Ray asked for clarification on the number of individuals that were spoken
to regarding this project.

Mr. Gilbert stated that within an 850-foot radius, over 600 people were contacted,
and no issues were raised on the project. Approximately 2.5 weeks were spent
doing the outreach.

Lee Coleman asked why some of the setbacks were not being met.




Page 438
Cassandra Ayres, with Beus Gilbert McGroder PLLC, introduced herself and
stated that they are asking for some of the parking to be allowed within the front
setback along Baseline Road. Thus, a variance is proposed to be requested to
address this aspect of the site plan.

Dr. George Brooks asked if the applicant met individually or as a group with
surrounding neighbors, and if a neighborhood meeting was held.

Susan Bitter Smith, with Technical Solutions, introduced herself as part of the
development team. Her group knocked on doors and assisted with the outreach for
this project.

Mr. Bojórquez added that no neighborhood meeting is required as part of PHO
applications.

Mr. Marchuk asked if the site plan will need to comply with BAOD standards. He is
concerned that some of the standards are not being met.

Mr. Bojórquez responded that the site plan will have to comply with the BAOD
standards.

Mr. Starry stated that their project will comply with BAOD standards, including
walkways.

Mr. Gilbert responded that they will review the Zoning Ordinance once again.

Mr. Monge Kotake asked if a traffic statement will be required for this project and
stated that his household was contacted, but no information about the project was
left for him to follow up on.

Mr. Gilbert stated that the city did not require a traffic report, but one was
conducted anyway about a year ago.

Mr. Bojórquez stated that he did not observe a stipulation from the 2018 rezoning
case requiring a traffic statement to be submitted to the city at a later date.

Mr. Coleman discussed the intersection at 27th Street and Baseline Road.

Chairwoman Daniels allowed Ms. Jones to provide public comment on the cases.

JoLouise Jones, member of the public, introduced herself as a resident in the area
and stated that traffic is bad along this intersection now. Traffic will worsen if this
project is approved. The 27th Street alignment was approved in 2018 with the intent
to develop a traffic signal light.




Page 439
Mr. Gilbert stated that the current site plan reduces traffic counts as there is a
reduction of commercial uses.

Mr. Monge Kotake stated that the traffic report is from a year ago and thus
outdated now.

Mr. Coleman stated that aligning both sides of 27th Street north and south of
Baseline Road would be challenging.

Chairwoman Daniels asked why the stipulation pertaining to 27th Street was
added in the 2018 rezoning case.

Mr. Bojórquez responded that the 2018 rezoning case minutes are included in the
packet sent to all VPC members but cannot identify a specific reason while
browsing the minutes from 2018.

Kassandra Alvarez asked if the applicant had spoken with the Street
Transportation Department regarding the traffic.

Mr. Gilbert responded that he had contacted the traffic section and no traffic signal
was required.

Ms. Busching would like to stipulate several elements including:

• Cross-access agreement between the commercial and residential phases,
plus the property along the west;
• Maximum of one drive-through facility;
• Applicant to work with the Planning and Development Department, Street
Transportation Department and the community on the 27th Street alignment,
thus keeping Stipulation No. 1.b on PHO-1-21—Z-10-18-8;
• Keep Stipulation No. 2.a on case PHO-1-21—Z-10-18-8;

Greg Brownell, Kay Shepard and Kassandra Alvarez support these stipulations.

Mr. Gilbert would like flexibility to work out these issues with city staff.

Ms. Busching is concerned that the requested changes will not be addressed.

Mr. Holmerud is opposed to aligning 27th Street.

Mr. Marchuk agrees on aligning 27th Street and adding language pertaining to
berms and the BAOD.

Mr. Brownell and Ms. Busching agree with Mr. Marchuk’s comments.

Mr. Holmerud disagrees with Mr. Marchuk on aligning 27th Street.




Page 440
Lee Coleman and Shelly Smith left the meeting at 10:10pm, bringing the quorum to
14 members.

MOTION – PHO-1-21—Z-59-18-8:

Ms. Busching motioned to deny case PHO-1-21—Z-59-18-8 as filed, approve
with modifications. Ms. Shepard seconded the motion to approve.

Stipulation modifications approved for PHO-1-21—Z-59-18-8:

• Stipulation No. 1: THAT Tthe development shall be in general conformance
with the conceptual site plan AND ELEVATIONS date stamped August 21,
2018 MAY 26, 2021, as may be modified for compliance with the canal bank
design guidelines in Section 507 Tab A of the Zoning Ordinance, BY THE
FOLLOWING STIPULATIONS and AS approved by the Planning and
Development Department, and with specific regard to the following:
PLANNING AND DEVELOPMENT DEPARTMENT

• Stipulation No. 1.a: THERE SHALL BE PEDESTRIAN CROSS ACCESS
EASEMENTS TO ADJACENT COMMERCIAL PADS ALONG THE SOUTH
AND WEST OF THE PROJECT SITE.

• Stipulation No. 1.b: THERE SHALL BE VEHICULAR CROSS ACCESS
EASEMENTS FOR ALL COMMERCIAL PAD SITES AS WELL AS THE
MULTIFAMILY PORTION OF THE DEVELOPMENT. A VEHICULAR
CROSS ACCESS EASEMENT SHALL BE PROVIDED ALONG THE
COMMERCIAL PADS SITES WEST OF THE DEVELOPMENT IN ORDER
TO CONNECT TO THE ADJACENT COMMERCIAL PROPERTY WEST OF
THE PROJECT SITE.

• Stipulation No. 3 was deleted.

Joseph Larios left the meeting at 10:20pm, bringing the quorum to 13 members.

VOTE – PHO-1-21—Z-59-18-8:
11-0-2, motion passed; Members Aldama, Alvarez, Brooks, Brownell, Busching,
Holmerud, Marchuk, Ray, Shepard, Smith, and Daniels in favor. None in dissent.
Members Monge Kotake and Said abstained.

Fatima Said left the meeting at 10:25pm, bringing the quorum to 12 members.

STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:

None.




Page 441
Attachment C



REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Bradley Wylam, Planner I, Assisting

August 18, 2021

ITEM NO: 11
DISTRICT 8
SUBJECT:

Application #: PHO-1-21--Z-59-18-8 (Continued from 7/21/21 agenda)
Location: Approximately 615 feet north of the northwest corner of 25th
Street and Baseline Road
Existing Zoning: C-1 BAOD
Acreage: .80
Request: 1) Modification of Stipulation 1 regarding general
conformance to the site plan date stamped August 21,
2018.
2) Deletion of Stipulation 1.a regarding access to amenities
to the east.
3) Deletion of Stipulation 1.b regarding vehicular cross
access to adjacent properties to the east and south.
4) Deletion of Stipulation 3 regarding a conditional
requirement to dedicate and construct 25th Street.
Applicant: Cassandra Ayres, Beus Gilbert McGroder PLLC
Owner: Vahik Sahakian
Representative: Paul E. Gilbert, Beus Gilbert Mcgroder PLLC

ACTIONS

Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended approval with a modification and an additional stipulation.

Village Planning Committee (VPC) Recommendation: The South Mountain
Village Planning Committee heard the request on July 13, 2021 and
recommended denial as filed and approval with modifications by a vote of 11-0-2.

DISCUSSION

Paul Gilbert, representative with Beus Gilbert McGroder, gave an overview of the
project team and property location. He reviewed the South Mountain Village
Planning Committee meeting on August 10, 2021, which resulted in a
recommendation for approval with modifications for Case Nos. PHO-2-21—Z-63-
05-8 and PHO-1-21—Z-59-18-8 and denial as filed, approval with modifications
for Case No. PHO-1-21—Z-10-18-8. He stated the proposed uses are allowed in
the C-1 BAOD zoning district and stipulation modifications are needed to allow



Page 442
Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-59-18-8
Page 2

development per the proposed conceptual site plan for each case. He stated the
proposed conceptual site plan depicts 138 multifamily residential units at a
density of 16.99 dwelling units per gross acre on the northern portion of the
combined site with 5 commercial pads to provide retail or restaurants on the
southern portion of the combined site. He stated that the proposed site plan
complies with the regulations of the Baseline Area Overlay District (BAOD) and is
compatible with the rural, agricultural, and equestrian character of the
surrounding area.
Mr. Gilbert stated that the applicant is opposed to the South Mountain VPC
recommendation regarding the realignment of 27th Street with the existing
portion of 27th Street south of Baseline Road, limiting the number of drive-
throughs permitted on the site, and providing pedestrian and vehicular access to
the commercial property to the west. He stated that the applicant completed a
door-to-door survey within an 850-foot radius of the site and found residents
supported the proposed development and no resident surveyed was in support of
the realignment of 27th Street. He noted that they have submitted letters from the
public generally showing support for the development and letters of opposition
regarding the existing stipulated realignment of 27th Street. He also noted that a
petition of 24 people was provided that supports the proposed development
generally. He discussed the recommended realignment and stated that CivTech,
a traffic engineering firm, completed a study on the intersection that noted a
realignment would not alleviate traffic concerns near the site. He stated the study
noted the potential number of users of 27th Street would not necessitate a
realignment or a traffic signal at the intersection of 27th Street and Baseline
Road. He noted that the wait times to cross Baseline Road would not decrease
due to a realignment and that a traffic signal at the intersection could increase
cut-through traffic through the neighborhood south of the subject property and
across Baseline Road. He stated that traffic accidents that have occurred at the
intersection have largely been rear-end collisions and not due to the existing turn
movements at the existing intersections. He stated that the realignment is not an
exaction that meets the proportionality requirement as established by previous
court cases and existing state statutes. He addressed the VPC recommendation
regarding drive-throughs and stated that a limit on the number of drive-through
restaurants was not appropriate as this is a land use otherwise permitted by right,
subject to performance standards, in this zoning district. He stated that the VPC
recommended a stipulation regarding vehicular and pedestrian access to the site
to the west, but conditions on this adjacent site do not allow for cross access and
the stipulation is both impractical and unenforceable. He stated that the VPC also
recommended a stipulation regarding pedestrian and vehicular access between
the commercial and residential portions within the subject site, which the
applicant supports.




Page 443
Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-59-18-8
Page 3

Mr. Gilbert gave an overview of the proposed stipulation modifications on PHO-2-
21—Z-63-05-8 regarding general conformance to the conceptual site plan and a
deletion of stipulations regarding 25th Street access and cross access to the
commercial site to the west. He gave an overview of the proposed stipulation
modifications on PHO-1-21—Z-59-18-8 and noted a comment from a VPC
member that supported the multifamily housing design depicted on the
conceptual site plan. He stated that the proposed deletion of Stipulation 1.a and
1.b regarding pedestrian and vehicular cross access would be addressed
through the proposed conceptual site plan. He gave an overview of the proposed
stipulation modifications on PHO-1-21—Z-10-18-8. He stated the limitations on
drive throughs and stipulation regarding the alignment of 27th Street should be
deleted per the rationale discussed earlier. He stated that modification to
Stipulation 2.a was discussed at the VPC meeting and recommended to be
retained and that the applicant had decided to not pursue the original proposed
modification of that stipulation. He stated Stipulation 3.b regarding equestrian
corral areas is requested to be modified to change the language to allow for more
reasonably sized and feasible equestrian facilities.
JoJo Jones, Mountain Grove community member, stated there are existing
issues in the traffic movements at the 27th Street and Baseline intersection. She
expressed concerns regarding increased traffic on 27th Street related to the
proposed multifamily residential development in addition to the commercial
portion of the development. She stated that the previous developer agreed that a
realignment would be necessary, but that this disagreement during the original
rezoning case had largely centered around who would be responsible for the
improvements.
Rhonda Neff, Mountain Grove community member, stated she is opposed to the
realignment of 27th Street and stated that the proposed realignment would
require residents of Mountain Grove to enter their neighborhood from within the
proposed commercial development. She stated that property values and public
safety would be decreased by entering through the proposed commercial
development. She stated the applicant has responded to the concerns raised by
the surrounding community after the original rezoning case regarding the
realignment. She stated that she spoke to her neighbors that mentioned that they
would consider selling their properties if 27th Street was realigned per the staff
recommendation due to concerns with property values and public safety. She
stated that she understood the legal concerns from the applicant regarding the
limitation on drive-through uses, although she hoped there would be sit-down
restaurants included within the development. She stated that regardless of the
final alignment, 27th Street would likely see increased traffic with any
development on the subject site, but that should be expected.




Page 444
Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-59-18-8
Page 4

Mr. Gilbert stated that concerns regarding increased traffic are understood but
noted that the entrance near the current alignment of 25th Street would be the
main entrance to the development and allow for trucks and other vehicles to
enter at this location rather than at 27th Street. He stated that most residents in
the surrounding area support the plan as proposed and oppose the realignment
of 27th Street.
Trent Marchuk, member of the South Mountain VPC, stated that the purpose of
the VPC’s recommendation regarding limiting the number of drive-throughs is in
response to the South Mountain Village Character Plan which noted a lack of
healthy restaurants in the area. He discussed the Village’s recommendation
regarding the realignment of 27th Street and the suggestion to allow the
applicant to explore alternative options and noted that the original stipulation
regarding the realignment of 27th Street asked the developer to work with the
Street Transportation Department to come up with potential options for the
realignment. He noted that the rationale behind the applicant’s disagreement with
the recommended cross access to the site to the west made sense and that he
supported their request.
Mr. Gilbert stated that the presence of drive-throughs does not guarantee that the
restaurants themselves are solely unhealthy restaurants and noted two
restaurants they are in discussions with regarding the site. He noted that the
BAOD does not contain limitations on the number of drive-through restaurants
permitted on a site and only addresses design guidelines for these uses.
Adam Stranieri, Planning Hearing Officer, agreed that the BAOD does not limit
the number of drive-throughs, but does include design guidelines for drive-
throughs including screening and grouping of pads. He noted that the Street
Transportation Department does not support the request to delete the stipulation
regarding the realignment of 27th Street in PHO-1-21--Z-10-18-8. He asked the
applicant if they believed the CivTech study would provide information that would
potentially alter the recommendation made by the Street Transportation
Department regarding the realignment. Mr. Gilbert stated he believed the results
of that study could potentially change their recommendation, but he would not
want to continue the case at this time to wait for this analysis. He noted he
supported how the VPC worded the stipulation in their recommendation to allow
the developer to work with the Planning and Development and Street
Transportation Department to come to a decision. Mr. Stranieri stated that the
CivTech documents have not been received by staff and that he would not make
a recommendation based on a study that neither he nor Street Transportation
Department staff had reviewed, particularly if the applicant wished to have a
decision during this hearing. He stated he would be moving forward using the
recommendation from the Street Transportation Department regarding the
realignment with a modification to include the South Mountain Village




Page 445
Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-59-18-8
Page 5

recommendation regarding the option for alternative alignments. He noted that
the intent with the recommended modification was not to allow the applicant to
avoid the realignment, but rather allow flexibility in how the alignment would be
implemented.
Mr. Stranieri stated that public correspondence was received prior to the hearing.
This included a petition with 24 signers that indicated support for the
development but did not address the alignment, 21 letters of support for the
development that did not address the alignment, and 12 letters in opposition to
the alignment which highlighted safety hazards and concerns about residential
access to Mountain Grove. He stated that a letter submitted by Rhonda Neff also
highlighted many points made during her comments earlier in the hearing. He
stated that a letter from Marcia Busching, South Mountain VPC member, was
received which expressed communication issues with the applicant and noted a
desire to see the VPC recommendation upheld.
Recommendation regarding PHO-2-21--Z-63-05-8
Mr. Stranieri stated PHO-2-21—Z-63-05-8 is located on the southwestern side of
the proposed conceptual site plan and includes both residential and commercial
portions of the development. He stated that the complete multifamily residential
complex provides 138 units at a density of 16.99 dwelling units per gross acre
and noted that conceptual elevations were submitted for the residential portion
but not the commercial portion. He stated the elevations depict a variety of
desirable architectural features and recommended general conformance. He
stated that the scale and intensity is compatible with the surrounding area and
the character intended by the BAOD. He stated that Stipulation 2 regarding one
access point on 25th Street is no longer applicable due to the proposed
abandonment of 25th Street and the lack of single-family units to the east, which
the stipulation was originally intended to address. He stated that Stipulation 3
regarding one point of cross access to the site to the west is recommended to be
deleted due to circumstances regarding development of the neighboring
property. He stated that the VPC recommendation regarding limitations on the
number of drive-through restaurants will not be approved because it would
improperly prohibit uses otherwise allowed by right in the zoning district. He
noted that the recommendation regarding screening of drive-throughs is
established by the BOAD as a design presumption, but it could be included as a
stipulation to create a requirement and provide consistency with the existing
stipulations in Z-10-18-8.
Recommendation regarding PHO-1-21--Z-59-18-8
Mr. Stranieri stated PHO-1-21—Z-59-18-8 is located at the northwestern side of
the proposed conceptual site plan and includes a residential portion of the
development. He stated that the complete multifamily residential complex



Page 446
Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-59-18-8
Page 6

provides 138 units at a density of 16.99 dwelling units per gross acre and noted
that conceptual elevations were submitted for the residential portion but not the
commercial portion. He stated the elevations depict a variety of desirable
architectural features and recommended general conformance. He stated that
the scale and intensity is compatible with the surrounding area and the character
intended by the BAOD. He stated Stipulations 1.a and 1.b were intended to
provide connectivity with the property to the east from Z-10-18-8 and that the
unified proposed conceptual site plan between the cases alleviates the concerns
regarding connectivity. He stated that the request to delete Stipulation 3
regarding a conditional requirement to dedicate and construct 25th Street if the
property was developed as a stand-alone parcel is recommended to be approved
because the conceptual site plan shows a unified development and the applicant
would pursue abandonment of 25th Street. He stated that the VPC proposed
modifications of Stipulations 1.a and 1.b would not be required because the
property lines are internal and cross-access would be reviewed as part of the
conceptual site plan review process.
Recommendation regarding PHO-1-21--Z-10-18-8
Mr. Stranieri stated PHO-1-21—Z-10-18-8 is located on the eastern side of the
proposed conceptual site plan and includes both residential and commercial
portions of the development. He stated that the complete multifamily residential
complex provides 138 units at a density of 16.99 dwelling units per gross acre
and noted that conceptual elevations were submitted for the residential portion
but not the commercial portion. He stated the elevations depict a variety of
desirable architectural features and recommended general conformance. He
stated that the scale and intensity is compatible with the surrounding area and
the character intended by the BAOD.
Mr. Stranieri stated that the deletion of Stipulation 1.a regarding the quantity and
configuration of drive-throughs is recommended to be approved. He stated the
stipulation was originally proposed by staff to stipulate to the configuration of
buildings on the original site plan, but that this had been altered through the
original rezoning hearing process. He stated that deletion of Stipulation 1.b
regarding the realignment of 27th Street is not supported by the Street
Transportation Department. He stated that the Street Transportation Department
noted the realignment of 27th Street is intended to support and improve traffic
safety in the surrounding area. He noted that there are numerous conflicting turn
patterns at the intersection with Baseline Road and that the alignment would
provide predictability, alignment with the grid, and allow for a potential traffic
signal at the intersection. He stated there is no Traffic Impact Study addressing
signal warrant analysis and that the most recent study submitted in 2018 does
not reference the current proposed land uses.




Page 447
Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-59-18-8
Page 7

Mr. Gilbert stated that the applicant would meet with the Street Transportation
Department to discuss the findings of the CivTech study. Mr. Stranieri noted that
the South Mountain VPC recommended modification of the stipulation to allow
the applicant to work with staff to address options for the realignment. He stated
that the modification should not allow the applicant to continue the misalignment
of 27th Street. Cassandra Ayre, representative with Beus Gilbert McGroder,
stated the VPC recommendation allows alternative options to address traffic
issues without stipulating the realignment. She stated that the CivTech report
provides options for flexibility, which could be worked through with the Planning
and Development and Street Transportation Departments. Mr. Stranieri stated
that the recommended modification to Stipulation 1.b would address the need to
revise the site plan to depict the realignment of 27th Street.
Mr. Stranieri stated that he would recommend the deletion of Stipulation 2.a
regarding pitched roof elements to provide consistency with the two companion
cases. He stated that pitched roof elements are already a design presumption of
the BAOD and could be addressed through the Ordinance. He also noted that it
may be unclear to have different standards applied within the site to the same
buildings. He stated that the modification of Stipulation 2.b regarding an
equestrian corral would be recommended to be modified to allow for some
flexibility in the type of amenities to be provided. He stated the original intent was
to provide equestrian amenities to support the active equestrian lifestyle and
trails along the canal.
Mr. Stranieri stated that the Street Transportation Department recommended an
additional stipulation regarding a safe, shaded pedestrian pathway through the
site to connect the residential portion of the site to the sidewalk along Baseline
Road. He noted that this pathway should be provided in the area with the current
alignment of 25th Street. He noted that if 25th Street was developed, a public
sidewalk would otherwise have been provided here. Mr. Gilbert sought
clarification that the type of shade would be flexible and allow either trees or
structural shade. Mr. Stranieri confirmed that the type of shading would not be
stipulated and would allow for flexibility.

FINDINGS

1) This case was heard as a companion case to PHO-2-21--Z-63-05-8 and
PHO-1-21--Z-10-18-8. The conceptual site plan and building elevations
are the same in these three cases. The subject property in this case was
originally envisioned to develop as an extension of a planned commercial
development to the south. The stipulated site plan depicted only retention
and parking on this portion of the site.




Page 448
Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-59-18-8
Page 8

The proposed conceptual site plan depicts the subject property of the
three companion cases developing in a unified fashion with a mixed-use
development. A combination of five commercial, retail, and drive-through
businesses are depicted along Baseline Road comprising approximately
19,098 total square feet, with individual establishments between 2,050
and 6,500 square feet. Behind the commercial development, adjacent to
the Western Canal, is a multifamily residential complex containing 138
units at a density of 16.99 dwelling units per gross acre. Open spaces are
distributed throughout the development with a variety of pedestrian,
equestrian, and recreational amenities adjacent to the canal. Conceptual
elevations were provided for the multifamily buildings only and depict a
façade that integrates stone, pop outs, balconies, shade awnings, multiple
window sizes and styles, and variation in the roofline and pitches. The
proposal is compatible in scale and intensity with existing development in
the surrounding area. General conformance to the proposed conceptual
plans is recommended.

2) Stipulations 1.a and 1.b addressed access to the parcels to the east and
south. In Rezoning Case No. Z-10-18-8, Stipulation 3.a and 3.b were
established to require an equestrian amenity and shaded benches along
the Western Canal. Stipulation 1.a in this case required a pedestrian
pathway to these public amenities to ensure access and connectivity for
users moving between these adjacent, but independent, parcels.
Stipulation 1.b in this case was intended to ensure vehicular connectivity
between this parcel and properties to the east and south which were
planned under separate cases. This was also required because the future
status of 25th Street was unknown at the time this case was approved.
Because the proposed plans in this case depict a unified development
with vehicular and pedestrian access between the three case areas, these
stipulations are no longer required and are recommended to be deleted.

The South Mountain Village Planning Committee recommended additional
language regarding cross-access easements along the south and west
property lines. These additional conditions are not required because the
south property line is internal to the proposed multifamily development
depicted on the conceptual site plan. The west property line is shared
with a City of Phoenix owned parcel that contains a Park and Ride facility.
Additionally, this parcel currently does not have any clear location where
vehicular cross access could be provided and the best condition to move
residential traffic through the Park and Ride Facility. Finally, note that
significant deviation from the proposed plans would necessitate further
public hearings in which this recommendation could be reassessed.

3) Stipulation 3 regarding a conditional requirement to dedicate and construct
25th Street was established to address uncertainty regarding the future of
25th Street, and potential issues if the parcel was developed as a



Page 449
Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-59-18-8
Page 9

standalone development, at the time of the original rezoning case. The
proposed conceptual plans in this case are for a unified development.
Significant deviation from the proposed plans would necessitate further
public hearings in which this recommendation could be reassessed. The
stipulation is recommended to be deleted.

4) During the hearing, it was noted that the applicant did not submit a
complete, notarized, recorded Proposition 207 waiver of claims form and
an additional stipulation was recommended. Later, it was noted that this
requirement already exists in Stipulation 7. Therefore, an additional
stipulation is unnecessary, and the existing stipulation will remain. The
applicant still must submit a complete, notarized, recorded Proposition 207
waiver of claims form per this stipulation for this request.

STIPULATIONS

1. The development shall be in general conformance with the conceptual site
plan and elevation date stamped MAY 26, 2021 August 21, 2018, as may
be modified by the following stipulations for compliance with the canal bank
design guidelines in Section 507 Tab A of the Zoning Ordinance, and
approved by the Planning and Development Department., and with specific
regard to the following:

a. Pedestrian pathway to provide open public access to amenities on the
adjacent property to the east to be constructed of decorative pavers,
stamped or colored concrete, or another material, other than those used
to pave the parking surfaces and drive aisles.

b. Vehicular cross access to adjacent properties to the east and south, as
approved by the Planning and Development Department.

2. Landscaping along the north property line shall be in conformance with the
Baseline Area Master Plan Plant List with specific regard to maximizing
shade and thermal comfort for pedestrians and active users along the canal,
as approved by the Planning and Development Department.

3. If the subject site develops as a stand-alone parcel and does not provide an
alternative street frontage to that existing along 25th Street, then the
developer shall be responsible for the dedication and construction of an
offset cul-de-sac bulb at the northern portion of 25th Street, south of the
Western Canal, as approved by the Planning and Development and Street
Transportation Department.




Page 450
Planning Hearing Officer of August 18, 2021
Application PHO-1-21—Z-59-18-8
Page 10

3. Any solid portion of a perimeter wall adjacent to the Western Canal shall not
4. exceed a maximum height of three feet, as approved by the Planning and
Development Department.

4. In the event archaeological materials are encountered during construction,
5. 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.

5. The property owner shall record documents that disclose the existence and
6. operational characteristics of Sky Harbor International Airport (PHX) to future
owners or tenants of the property. The form and content of such documents
shall be according to the templates and instructions provided which have
been reviewed and approved by the City Attorney.

6. Prior to preliminary site plan approval, the landowner shall execute a
7. Proposition 207 waiver of claims in a form approved by the City Attorney's
Office. The waiver shall be recorded with the Maricopa County Recorder's
Office and delivered to the city to be included in the rezoning application file
for record.


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. Please contact the
Planning and Development Department, Tamra Ingersoll at voice number 602-534-6648
or TTY use 7-1-1.




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Item text
***REQUEST TO WITHDRAW (SEE ATTACHED MEMO)*** (CONTINUED FROM
JULY 1 AND AUG. 25, 2021) - Public Hearing and Ordinance Adoption - Rezoning
Application Z-49-20-3 - Located Approximately 970 Feet North of the Northeast
Corner of 34th Street and Sweetwater Avenue (Ordinance G-6871)

Request to hold a public hearing and amend the Phoenix Zoning Ordinance, Section
601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-49-20-
3 and rezone the site from R1-6 (Single-Family Residence District) to R-3 (Multifamily
Residence District) for a Community Residence Center.

Summary
Current Zoning: R1-6
Proposed Zoning: R-3
Acreage: 1.11 acres
Proposed Use: Community Residence Center

Owner: Fedzin Enterprises, LLC
Applicant: Matt Ihms
Representative: Matt Ihms

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Paradise Valley Village Planning Committee heard the case on May
3, 2021 and recommended approval, per the staff recommendation by a vote of 11-6.
PC Action: The Planning Commission heard the case on June 3, 2021 and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation, with an additional stipulation by a vote of 8-0.

The Planning Commission recommendation was appealed and a petition for a three-
quarter vote was submitted on June 10, 2021. A three-quarter vote is not required.

Location
Approximately 970 feet north of the northeast corner of 34th Street and Sweetwater
Avenue
Council District: 3
Parcel Addresses: 13225 N. 34th St.


Page 491


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




Page 492
PLANNING & DEVELOPMENT DEPARTMENT



To: Ginger Spencer Date: October 28, 2021
Deputy City Manager

From: Alan Stephenson.�
Planning and Development Director

Subject: WITHDRAWAL OF ITEM 49 ON THE NOVEMBER 3, 2021 FORMAL
AGENDA - ORDINANCE ADOPTION OF Z-49-20-3 (G-6871)

Item 49 , Rezoning Application Z-49-20-3 and Ordinance G-6871, is a request to rezone
1.11 acres located approximately 970 feet north of the northeast corner of 34th Street and
Sweetwater Avenue from R1-6 to R-3 to allow for a Community Residence Center.

Staff has received correspondence from the owner's representative requesting this item
be withdrawn to allow the applicant time to work with neighbors to address concerns
about the request.

Staff concurs with this request for withdrawal.

Attachment




Approved:




Page 493
Page 494
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-49-20-3) FROM R1-6 (SINGLE-FAMILY
RESIDENCE) TO R-3 (MULTIFAMILY RESIDENCE
DISTRICT).


____________



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

follows:

SECTION 1. The zoning of a 1.11 acre site located approximately 970 feet

north of the northeast corner of 34th Street and Sweetwater Avenue in a portion of

Section 13, Township 3 North, Range 3 East, as described more specifically in Exhibit

“A”, is hereby changed from “R1-6” (Single-Family Residence District) to “R-3”

(Multifamily Residence District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,



Page 495
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The development shall maintain a minimum 50-foot building setback, exclusive of
carports and perimeter walls, from the southern site boundary where adjacent to
R1-6 zoning.

2. The maximum building height shall be limited to 2 stories and 30 feet.

3. Building elevations shall contain multiple colors, exterior accent materials and
textural changes that exhibit quality and durability such as brick, stone, colored
textured concrete or stucco, to provide a decorative and aesthetic treatment, as
approved by the Planning and Development Department.

4. All elevations of the building(s) shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation in window
size and location, pitched roofs and/or overhang canopies, as approved by the
Planning and Development Department.

5. The required landscape setbacks shall include minimum 2-inch caliper large
canopy shade trees, planted 20 feet on center or in equivalent groupings, and five
5-gallon shrubs per tree, as approved by the Planning and Development
Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions consistent
with a pedestrian environment.

6. Where a landscaped median is provided within the ingress or egress to the site, a
landscaped accent area shall provide a visually unique character with drought-
tolerant plant materials providing seasonal interest and 75 percent live cover, as
approved by the Planning and Development Department.

7. Perimeter walls shall be constructed to the following standards, as approved by
the Planning and Development Department.

a. Perimeter walls visible from public streets shall have a finished appearance
compatible with primary structures that includes material and textural
differences, such as stucco and/or split face block with a decorative
element, such as tile or stamped designs.

b. A combination of solid masonry wall not exceeding 4 feet in height, and
wrought iron view fencing or similar material shall be utilized along the
eastern property lines where open space is adjacent to the drainage
channel/floodway (Indian Bend Wash) east of the site.

8. Clearly defined, accessible pedestrian pathways shall be provided connecting all
building entrances and exits, community amenity areas, and all public sidewalks



Page 496
utilizing the minimum possible distance and providing the most direct route, as
approved by the Planning and Development Department.

9. The developer shall provide clearly defined, accessible pathways, constructed of
decorative pavement that visually contrasts with the adjacent parking and drive
aisle surfaces, as approved by the Planning and Development Department.

10. Pedestrian walkways, including adjacent public sidewalks, shall be shaded to a
minimum of 75 percent, as approved by the Planning and Development
Department.

11. A minimum of two inverted U-bicycle racks or artistic style racks shall be provided,
located near the main building entrance. All bicycle racks shall adhere to Appendix
K, “Outdoor/Open Facilities”, of the Comprehensive Bicycle Master Plan, and as
approved by the Planning and Development Department.

12. The developer shall construct a minimum 45-foot radius cul-de-sac at the terminus
of 34th Street, as approved by the Planning and Development 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. A portion of this parcel is located in a Special Flood Hazard Area (SFHA) called
Zone AE Floodplain, on panels 1735L of the Flood Insurance Rate Map (FIRM)
revised December 22, 2017. If the plans show no building and/or construction
encroachment including fill within this portion of the site in the SFHA, then no
floodplain requirements will be required. If encroachment does occur, then the
following requirements must be met, as approved by the Planning and
Development Department:

a. The Architect/Engineer is required to show the special flood hazard area
boundary limits on plans and ensure that impacts to the proposed facilities
and surrounding properties have been considered, following the National
Flood Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3).
This includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.

b. A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Public Works Department for review and
approval of Floodplain requirements prior to issuance of a Grading Permit.

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.


Page 497
16. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder's Office and delivered to the City to be included in the rezoning
application file for record.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 1st day of July 2021.




________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



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




Page 498
EXHIBIT A

LEGAL DESCRIPTION FOR Z-49-20-3

THAT PART OF LOT 4, OASIS ACRES, ACCORDING TO THE PLAT OF RECORD IN
THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, IN
BOOK 45 OF MAPS AT PAGE 20, LOCATED WITHIN THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 3 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4;
THENCE SOUTH 00 DEGREES 22 MINUTES 14 SECONDS EAST ALONG THE
WEST LINE OF SAID LOT 4, A DISTANCE OF 35.58 FEET TO THE POINT OF
BEGINNING;
THENCE SOUTH 87 DEGREES 42 MINUTES 58 SECONDES EAST A DISTANCE OF
35.07 FEET;
THENCE SOUTH 68 DEGREES 11 MINUTES 59 SECONDES EAST A DISTANCE OF
31.89 FEET;
THENCE SOUTH 42 DEGREES 07 MINUTES 39 SECONDES EAST A DISTANCE OF
56.86 FEET;
THENCE SOUTH 23 DEGREES 07 MINUTES 56 SECONDES EAST A DISTANCE OF
77.99 FEET;
THENCE SOUTH 20 DEGREES 06 MINUTES 12 SECONDES EAST A DISTANCE OF
75.10 FEET;
THENCE SOUTH 25 DEGREES 10 MINUTES 24 SECONDES EAST A DISTANCE OF
58.75 FEET;
THENCE SOUTH 20 DEGREES 54 MINUTES 49 SECONDES EAST A DISTANCE OF
46.86 FEET;
THENCE SOUTH 89 DEGREES 04 MINUTES 46 SECONDES WEST A DISTANCE
OF 199.07 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4;
THENCE NORTH 00 DEGREES 22 MINUTES 14 SECONDS WEST ALONG SAID
WEST LINE, A DISTANCE OF 297.82 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION CONVERYED TO CITY OF PHOENIX, RECORDED
FEBRUARY 18, 2016 IN RECORDING NO 2016-103579, RECORDS OF MARICOPA
COUNTY, ARIZONA.




Page 499
Page 500
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Staff Report Z-49-20-3
April 20, 2021

Paradise Valley Village Planning May 3, 2021
Committee Meeting Date:
Planning Commission Hearing Date: June 3, 2021
Request From: R1-6 (Single-Family Residence District)
(1.11 acres)
Request To: R-3 (Multifamily Residence District)
(1.11 acres)

Proposed Use: Community Residence Center
Location: Approximately 970 feet north of the
northeast corner of 34th Street and
Sweetwater Avenue

Owner: Fedzin Enterprises, LLC
Applicant and Representative: Matt Ihms
Staff Recommendation: Approval, subject to stipulations



General Plan Conformity
Residential 3.5 to 5 dwelling units per
General Plan Land Use Map Designation acre and Parks/Open Space-Publicly
Owned

Street Map Classification 34th Street Local Street 30-feet east half street


CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CLEAN NEIGHBORHOODS; LAND USE PRINCIPLE: Facilitate the
acquisition of vacant, underutilized and blighted parcels for appropriate
redevelopment, compatible with the adjacent neighborhood character and
adopted area plans.

Per historic aerial photography, the subject site has remained vacant since it was
annexed from Maricopa County into the City of Phoenix in 1962. The development




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Staff Report: Z-49-20-3
April 20, 2021




would permit a new use in the area at a scale that is compatible with the surrounding
land uses and appropriately located at the end of a local street absent of residential
homes immediately fronting it. Furthermore, this local street, 34th Street, connects to
Sweetwater Avenue, a minor collector street, which will provide easy access to other
parts of the Village.


CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; DIVERSE NEIGHBORHOODS; LAND USE PRINCIPLE: Include a mix of
housing types and densities where appropriate within each village that support
a broad range of lifestyles.

The proposal, a community residence center, is compatible with surrounding land
uses in the area which are residential and quasi-public in nature. This use allows a
new housing type that will serve individuals with disabilities in the community to
support a broad range of lifestyles. As stipulated, the development will incorporate
elements to maintain an appropriate scale with the existing neighborhood.


CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.

The development provides a reasonable level of intensity that is respectful of local
conditions and surrounding neighborhood, which are predominantly built out and
zoned single-family and multifamily residential. The subject site is located at the end
of a local street that presently serves as primary access to residential uses in the area
and a church south of the site. The subject site is adjacent to non-residential uses,
including a church, freeway and a wash, thus no adverse impacts are anticipated on
adjacent land uses if this rezoning request is approved.


BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.

The proposal, as stipulated, will be required to provide shade along internal
pedestrian paths and the adjacent public street. This will help to encourage walking
and to mitigate the urban heat island effect by shading hard surfaces, thus cooling the
micro-climate around the project vicinity.




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April 20, 2021




Applicable Plans, Overlays, and Initiatives

Tree and Shade Master Plan: See Background Item No. 7.

Complete Streets Guidelines: See Background Item No. 8.

Comprehensive Bicycle Master Plan: See Background Item No. 9.

Piestewa Peak Freeway Specific Plan: See Background Item No. 10.

State Route 51 & Loop 101 Scenic Corridor Policy: See Background Item No. 11.

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Housing Phoenix: See Background Item No. 13.



Surrounding Land Uses and Zoning
Land Use Zoning
On Site Vacant / Undeveloped R1-6
Vacant / Undeveloped,
North R1-6
Indian Bend Wash
South Single-Family Residential R1-6
East (across Phoenix Indian Bend Wash
Indian Bend Park and Single-Family R1-6
Wash) Residential
West State Route 51 R1-6

R-3 – Multifamily Residential
(Subdivision Development Option)

Standards R-3 Requirements Proposed
Gross Acreage - 1.11 acres
Maximum Number 16 units None (Met, community residence
of Units center with 50 beds proposed)
Maximum Density Maximum 14.5 dwelling units None (Met, community residence
per acre center with 50 beds proposed)




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April 20, 2021




Standards R-3 Requirements Proposed
Maximum Building 2 stories or 30 feet (except 2 stories or 30 feet (Met)
Height that there shall be a 15-foot
maximum height within ten
feet of a single-family zoned
district, which height may be
increased one foot for each
additional one foot of
building setback to the
maximum permitted height.)

Maximum Lot 45 percent 22 percent (Met)
Coverage
MINIMUM BUILDING SETBACKS
Front: 34th Street 25 feet 30 feet (Met)

Rear: East 15 feet 21 feet (Met)
property line
Sides: North and 10 feet and 3 feet 15 feet and 127 feet (Met)
south property
lines
MINIMUM LANDSCAPE SETBACKS AND STANDARDS
Front: 34th Street 25 feet Not specified*

Rear and sides: 5 feet Not specified*
North, south and
east property lines

Minimum Open 5% of gross area Not specified*
Space
MINIMUM PARKING REQUIREMENTS
Parking 1 space per two 32 spaces provided (Square
resident/patient beds footage of office space not
(Community Residence provided)*
Center/Nursing Home) and 1
space per 300 square feet
(Office).
*Site plan revision or variance required.




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April 20, 2021




Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone 1.11 acres located approximately 970 feet north of the
northeast corner of 34th Street and Sweetwater Avenue from R1-6 (Single-
Family Residence District) to R-3 (Multifamily Residence District) for a
community residence center, subject to a use permit process. Community
residence centers are permitted subject to a use permit in multifamily zoning
districts, including the R-3 zoning district, while permitted by right in some of the
commercial zoning districts. The site is presently vacant and undeveloped.

SURROUNDING LAND USES AND ZONING
2. The request for R-3
(Multifamily Residence
District) zoning is located in
an area surrounded by single-
family zoning, although
adjacent to non-residential
uses. These non-residential
uses include a vacant
lot/wash area (north), church
(south), State Route 51 (west)
and Phoenix Indian Bend
Wash Park (east).

Multifamily zoning is located
near the northeast corner of
34th Street and Sweetwater
Avenue, developed with a
Zoning Aerial Map, Source: Planning and Development
single-family detached use. Department
Multifamily uses developed under the R1-6 (Single-Family Residence District)
zoning exists along 34th Street, less than 500 feet south of the subject site.

Access to the subject site is along 34th Street, a local street, which terminates at
the subject site. Overall, the general area has been developed with a variety of
residential uses, including single-family and multifamily, plus non-residential
uses. The proposed multifamily zoning is consistent with existing uses in the
area and will allow a new residential use to be established on the subject site
without impacting nearby residential properties due to its geographic location.




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April 20, 2021




GENERAL PLAN LAND USE MAP DESIGNATIONS
3. The General Plan Land Use Map designation for the subject site is Residential
3.5 to 5 dwelling units per acre and Parks/Open Space -Publicly Owned. The
proposal is not consistent with the existing General Plan Land Use map
designation, as the R-3 zoning district is consistent with Commercial and
Residential 10 to 15 dwelling units per acre Land Use Map designations.
However, a Minor General Plan Amendment is not required since the site is
under 10 acres in size.

North and east of the site has been designated as Parks/Open-Space-Publicly
Owned and a small portion as Residential 3.5 to 5 dwelling units per acre. South
of the site has been designated as Residential 3.5 to 5 dwelling units per acre,
and west of the site has been designated as Transportation along State Route
51.




General Plan Land Use Map, Source: Planning and Development Department




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PROPOSAL
4. Site Plan
The development proposes a
community residence center,
subject to a use permit, on
the subject site. The
conceptual site plan shows a
single two-story building
located on the north-half of
the site, with vehicular
surface parking spaces
located on the south-half of
the site. An open space area
is proposed west of the
building, within proximity to
the eastern property line
bordering Indian Bend Wash.

Access to the site is proposed
exclusively along 34th Street,
envisioned to terminate as a
cul-de-sac to be constructed
as part of this development. A
sidewalk connecting to
Sweetwater Avenue presently
exists along most of 34th
Conceptual Site Plan, Source: Another Look LLC.
Street, located either on the
west or east side of the street.
As mentioned previously in this report, no residential uses are adjacent to the
subject site. However, staff recommends Stipulation No. 1 which would limit the
location of buildings on the site away from an adjacent single-family zoned
property to the south, shall this property develop in the future as single-family.
Stipulation No. 1 would require a minimum 50-foot building setback from the
south property line, exclusive of carports or perimeter walls. A church is adjacent
to the site along the south property line, while a freeway and wash bound the
remaining property lines.

General conformance to the conceptual site plan is not proposed since zoning
variances may be requested by the applicant following the rezoning process if
site plan modifications cannot be made. Furthermore, the subject parcel is non-
symmetrical in shape and constrained by topographical features such as a wash
and freeway, thus additional flexibility during the develop review phase for the




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site could be beneficial. In addition, a community residence center is subject to a
use permit within the R-3 multifamily district. Use permits and variances undergo
a separate review process, subject to the Zoning Adjustment hearing process.

5. Elevations
The conceptual building elevations depict various architectural features such as
pitched roofs, windows, a covered patio and four-sided architecture. Building
materials referenced in the conceptual elevations include brick façade, cement
board siding, stucco and tile roofs. The conceptual building elevations proposed
for the site depict a maximum height of two stories and 30 feet to the mid-point of
the roof. Stipulation No. 2 recommends limiting the maximum height of buildings
on site to two stories and 30 feet to help keep the building on this site consistent
with adjacent R1-6 zoning district permitted height standards.

Staff is recommending a stipulation to require building elevations to incorporate a
variety of colors, materials and textural changes. This is addressed in Stipulation
No. 3. Stipulation No. 4 also recommends that all building elevations contain
architectural embellishments and detailing, including pitched roofs, and/or
overhang canopies. Stipulation Nos. 3 and 4 will ensure that the site provides
aesthetically pleasing building materials and architecture across from a public
park and adjacent to a single-family zoned property.

A conformance to the conceptual building elevations is not currently proposed as
the building elevations show no colors and since zoning variances may be
requested following the rezoning process if site plan modifications cannot be
made, which could result in a change of layout for the building. However, the
stipulations listed above will help ensure that the proposed buildings will
incorporate pleasing aesthetics, materials that will withstand the weather for
many years and architectural features consistent with those found in the adjacent
residential areas.




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Conceptual Building Elevations, Source: Another Look LLC.


6. Landscaping, Walls and Walkways
The development features one usable open space area, northeast of the site at
approximately 12,100 square feet in area. This open space area is oriented
towards Indian Bend Wash, east of the site, and will serve to enhance the
viewscape from the wash area towards this adjacent bank. Furthermore, the R-3
zoning district requires that a minimum of 100 square feet of open space is
provided per bed in community residence centers.

In order to buffer the site from adjacent uses, increase shade and to provide an
enhanced landscape treatment along Indian Bend Wash, Stipulation No. 5
recommends enhanced plantings within landscape setbacks that include
minimum 2-inch caliper large canopy shade trees planted 20 feet on center or
equivalent groupings and five 5-gallon shrubs per tree.



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Stipulation No. 6 recommends that
where a landscaped median is
provided within the ingress or
egress to the site, a landscaped
accent area shall be provided. This
will help to provide a visually unique
character and provide seasonal
interest along the streetscape.

Stipulation No. 7 recommends
several wall enhancements to be
aesthetically pleasing along the
street frontage and Indian Bend
Wash. The wall enhancements
include:

x Finished appearance with
textural differences where
visible from public streets;
x Combination of view fencing
and solid walls along Indian
Bend Wash.

Stipulation Nos. 8 and 9 Conceptual Site Plan, Source: Another Look LLC.
with Planning and Development Department
recommend several pedestrian annotations
enhancements to promote walking
and safety. The enhancements
include:

x Pedestrian pathways that
connect all buildings,
community amenity areas
and public sidewalks via the
most direct route;
x Pathways constructed of
decorative pathways that
visually contrast with parking
and drive aisle surfaces.




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STUDIES AND POLICIES

7. Tree and Shade Master Plan
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Staff is recommending several stipulations designed to
provide trees and enhance shade within the development. Staff is recommending
Stipulation No. 10 to require a minimum of 75 percent shade within pedestrian
walkways, including the public sidewalk, to encourage walking by employees and
residents by providing thermal comfort.

8. Complete Streets Guidelines
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. This development will help to
pedestrianize the immediate street frontages by shading sidewalks adjacent to
the development, addressed in Stipulation No. 10. A minimum of two inverted u-
bicycle racks located near the main building entrance are recommended in
Stipulation No. 11.

9. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its Bikeway System and supportive infrastructure.
Bicycle lanes have been designed within the Sweetwater Avenue corridor; thus
Stipulation No. 11 recommends a minimum of two inverted u-bicycle racks
located near the main building entrance to promote the use of bicycling as a
means of transportations for future employees and residents of this facility.

10. Piestewa Peak Freeway Specific Plan
The Piestewa Peak Freeway Specific Plan was approved in 1991 to help
address the impacts of the State Route 51 (SR-51) freeway on adjacent
neighborhoods. The plan proposes ways to maximize the compatibility of the
freeway with adjacent and nearby land uses, while encouraging neighborhood
cohesion and stability. The subject site is located within Segment 5 of this
Specific Plan and was envisioned as a park within the existing and proposed
land use map, part of a larger linear park along Indian Bend Wash. Thus, the
proposal is consistent with the Piestewa Peak Freeway Specific Plan existing
and proposed land use map. However, the existing freeway noise mitigation wall
and landscape area within the SR-51 freeway portion, in addition to landscape
setbacks adjacent to the SR-51, will help mitigate any potential impacts to this
new proposed development.




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11. State Route 51 & Loop 101 Scenic Corridor Policy
The State Route 51 & Loop 101 Scenic Corridor Policy was approved in 2011 to
help establish and protect this scenic corridor from outdoor uses, such as
outdoor storage and off-premise advertising structures, along portions of the
State Route 51 and Loop 101. The requested R-3 (Multifamily Residence
District) zoning does not allow outdoor uses such as outdoor storage or off-
premise advertising structures, thus the proposal is consistent with this policy
document and will promote the vision for this scenic corridor.

12. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal
to become a zero-waste city, as part of the city’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial and mixed-use developments
meeting certain criteria. The applicant materials indicate that recycling services
will be part of the development.

13. Housing Phoenix
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan.
This Plan contains policy initiatives for the development and preservation of
housing with a vision of creating a stronger and more vibrant Phoenix through
increased housing options for residents at all income levels and family sizes.
Phoenix’s rapid population growth and housing underproduction has led to a
need for over 163,000 new housing units. Current shortages of housing supply
relative to demand are a primary reason why housing costs are increasing.
The proposed development supports the Plan’s goal of preserving or creating
50,000 housing units by 2030 by contributing to a variety housing types that will
address the supply shortage at a more rapid pace while using vacant land in a
more sustainable fashion.

Although the proposed community residence center is not a traditional residential
use, it will allow for disabled residents to be housed and cared for at this location,
which proposes up to 50 beds as part of this facility. Shall the proposed use not
be developed on this site, the proposed zoning would permit a variety of
residential uses including single-family and multifamily.

COMMUNITY INPUT SUMMARY
14. As of the writing of this report, staff had not received any letters in support or
opposition to this rezoning application. Staff did receive a letter from an individual




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April 20, 2021




in the area that listed concerns regarding the manner in which the virtual
neighborhood meeting was held by the applicant.

INTERDEPARTMENTAL COMMENTS
15. The Fire Department indicated there are no problems anticipated with the case
and that the site and/or buildings shall comply with the 2018 International Fire
Code with Phoenix Amendments, and the facility will require fire sprinklers and
an alarm system. Further, the Department commented that they do not know the
water supply at this site and noted that additional water supply may be required
to meet the required fire flow per the Phoenix Fire Code.

16. The Floodplain Management division of the Public Works Department has
indicated that a sliver of the parcel is located in a Special Flood Hazard Area
(SFHA) called Zone AE Floodplain, on panels 1735L of the Flood Insurance Rate
Maps (FIRM) dated December 22, 2017. If the plans show no building and/or
construction encroachment including fill within the sliver, then no floodplain
requirements will be required. If an encroachment does occur, Stipulation No. 14
addresses these floodplain requirements.

17. The Public Transit Department provided comments expressing the importance of
direct, clearly defined accessible, and well shaded pedestrian pathways on the
site. Shaded pathways should connect the public sidewalks with site amenities
and gathering areas. Lastly, that alternative pavement material be used where
pedestrian pathways cross drive aisles. These comments were addressed in
Stipulation Nos. 8, 9 and 10.

18. The Pedestrian Safety Coordinator with the Street Transportation Department
commented that pedestrian accesses to the site from the public sidewalk should
be attractive plus inviting, in addition to providing a shaded plus illuminated
pedestrian circulation on the site. Furthermore, that alternative paving material
be used to delineate pedestrian walkways where vehicle conflicts exist. Also, that
the public sidewalk be detached to help provide shade and thick vegetation to
discourage mid-block pedestrian crossings. Lastly, that pedestrian walkways are
marked where these are located in parking areas, and that buildings with varied
setbacks are located near sidewalks to encourage walking plus create visual
vibrancy.

Stipulation No. 6 requires a landscaped accent area where a median is provided
along the main entrance to the site to create visual vibrancy. Stipulation No. 8
addresses pedestrian pathways that connect the site to adjacent sidewalks,
while Stipulation No. 9 requires decorative pavement to be utilized in order to
visually contrast the parking surfaces. Lastly, Stipulation No. 10 requires the




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shading of pedestrian walkways to encourage walking. Variation in building
setbacks was not stipulated due to the unique shape of the parcel, which
constraints development on the site.

19. The Street Transportation Department requires the construction of a cul-de-sac
at the terminus of 34th Street. Furthermore, that the developer construct all
streets within and adjacent to the development with all required elements. These
are addressed in Stipulation Nos. 12 and 13.

OTHER
20. The site is not located in an area identified as being archaeologically sensitive. In
the event archaeological materials are encountered during construction, all
ground disturbing activities must cease within a 33-foot radius of the discovery
and the City of Phoenix Archaeology Office must be notified immediately and
allowed time to properly assess the materials. This is addressed in Stipulation
No. 15.

21. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements such
as obtaining a use permit to conduct the proposed outdoor use in this zoning
district. Other formal actions such as, but not limited to, zoning adjustments and
abandonments, may be required.

Findings

1. This proposed development provides a new non-traditional housing option that is
consistent with surrounding developments and serves a need in the community
for disabled individuals.

2. The development, as stipulated, will maintain an appropriate scale to ensure that
it remains compatible with the area.

3. This development proposes to develop an asymmetrical parcel that is bounded
by a wash and freeway with a use that is consistent with the goals of the State
Route 51 & Loop 101 Scenic Corridor Policy plan.

Stipulations

1. The development shall maintain a minimum 50-foot building setback, exclusive of carports and
perimeter walls, from the southern site boundary where adjacent to R1-6 zoning.

2. The maximum building height shall be limited to 2 stories and 30 feet.




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3. Building elevations shall contain multiple colors, exterior accent materials and textural
changes that exhibit quality and durability such as brick, stone, colored textured concrete or
stucco, to provide a decorative and aesthetic treatment, as approved by the Planning and
Development Department.

4. All elevations of the building(s) shall contain architectural embellishments and detailing
such as textural changes, pilasters, offsets, recesses, variation in window size and location,
pitched roofs and/or overhang canopies, as approved by the Planning and Development
Department.

5. The required landscape setbacks shall include minimum 2-inch caliper large canopy shade
trees, planted 20 feet on center or in equivalent groupings, and five 5-gallon shrubs per
tree, as approved by the Planning and Development Department. Where utility conflicts
exist, the developer shall work with the Planning and Development Department on
alternative design solutions consistent with a pedestrian environment.

6. Where a landscaped median is provided within the ingress or egress to the site, a
landscaped accent area shall provide a visually unique character with drought-tolerant plant
materials providing seasonal interest and 75 percent live cover, as approved by the
Planning and Development Department.

7. Perimeter walls shall be constructed to the following standards, as approved by the
Planning and Development Department.

a. Perimeter walls visible from public streets shall have a finished appearance
compatible with primary structures that includes material and textural differences,
such as stucco and/or split face block with a decorative element, such as tile or
stamped designs.

b. A combination of solid masonry wall not exceeding 4 feet in height, and wrought iron
view fencing or similar material shall be utilized along the eastern property lines
where open space is adjacent to the drainage channel/floodway (Indian Bend Wash)
east of the site.



8. Clearly defined, accessible pedestrian pathways shall be provided connecting all building
entrances and exits, community amenity areas, and all public sidewalks utilizing the
minimum possible distance and providing the most direct route, as approved by the
Planning and Development Department.




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9. The developer shall provide clearly defined, accessible pathways, constructed of decorative
pavement that visually contrasts with the adjacent parking and drive aisle surfaces, as
approved by the Planning and Development Department.

10. Pedestrian walkways, including adjacent public sidewalks, shall be shaded to a minimum of
75 percent, as approved by the Planning and Development Department.

11. A minimum of two inverted U-bicycle racks or artistic style racks shall be provided, located
near the main building entrance. All bicycle racks shall adhere to Appendix K,
“Outdoor/Open Facilities”, of the Comprehensive Bicycle Master Plan, and as approved by
the Planning and Development Department.

12. The developer shall construct a minimum 45-foot radius cul-de-sac at the terminus of 34th
Street, as approved by the Planning and Development 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. A portion of this parcel is located in a Special Flood Hazard Area (SFHA) called Zone AE
Floodplain, on panels 1735L of the Flood Insurance Rate Map (FIRM) revised December
22, 2017. If the plans show no building and/or construction encroachment including fill
within this portion of the site in the SFHA, then no floodplain requirements will be required.
If encroachment does occur, then the following requirements must be met, as approved by
the Planning and Development Department:

a. The Architect/Engineer is required to show the special flood hazard area boundary
limits on plans and ensure that impacts to the proposed facilities and surrounding
properties have been considered, following the National Flood Insurance Program
(NFIP) Regulations (44 CFR Paragraph 60.3). This includes, but not limited to
provisions in the latest versions of the Floodplain Ordinance of the Phoenix City
Code.

b. A copy of the Grading and Drainage Plan needs to be submitted to the Floodplain
Management section of Public Works Department for review and approval of
Floodplain requirements prior to issuance of a Grading Permit.

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.




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Writer
Enrique Bojórquez-Gaxiola
April 20, 2021

Team Leader
Samantha Keating

Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped September 17, 2020 (1 page)
Conceptual Elevations date stamped September 17, 2020 (2 pages)
Community Correspondence (1 page)




Page 517
C-2
34T H
C-2 *
Z-SP-7-84
RD
PL I O
E S ID
PR
33R D
R-5
DELCO A DR

36TH PL



36TH STREET
ST SUTTON DR

35T H P
R-5 *
Z-SP-28-69
L


35TH ST
C-O
EMILE ZOLA AVE


32ND ST
WILLOW AVE
R1-6
36TH ST
ANDORA DR £
¤
Squaw
R-2* Peak Freeway
R1-6 SP
Z-SP-13-87
Z-129-96 Specific Plan

PERSHING AVE
SURREY AV E



33RD PL 34TH ST
ROVEEN AVE
R1-6
Z-67-97

CAPTAIN DREYFUS AVE R-2 PRD *
Z-164-04




SWEETWATER AVE


I
DEER VALLEY DR

SR 101
Z-49-20
UNION HILLS DR
Miles



A W P EA K PKWY (SR 51)
BELL RD
0.07 0.035 0 0.07 GREENWAY RD

PARADISE VALLEY VILLAGE THUNDERBIRD RD

CITY COUNCIL DISTRICT: 3 CACTUS RD




SCOTTSDALE RD
SHEA BLVD
QU

16TH ST 56TH ST 64TH ST
24TH ST S

TATUM BLVD
32ND ST
40TH ST




APPLICANT'S NAME: REQUESTED CHANGE:
Matt Ihms
FROM:
R1-6 ( 1.11 a.c.)
APPLICATION NO. DATE:
12/09/2020
Z-49-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.11 Acres QS 32-35 L-10 TO: R-3 ( 1.11 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R1-6 6 7
R-3 16 19

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-49-20.mxd
Page 518
C-2
34T H
C-2 *
Z-SP-7-84
RD
PL I O
E S ID
PR
33R D
R-5
DELCO A DR

36TH PL



36TH STREET
ST SUTTON DR

35T H P
R-5 *
Z-SP-28-69
L


35TH ST
C-O
EMILE ZOLA AVE


32ND ST
WILLOW AVE
R1-6
36TH ST
ANDORA DR £
¤
Squaw
R-2* Peak Freeway
R1-6 SP
Z-SP-13-87
Z-129-96 Specific Plan

PERSHING AVE
SURREY AV E



33RD PL 34TH ST
ROVEEN AVE
R1-6
Z-67-97

CAPTAIN DREYFUS AVE R-2 PRD *
Z-164-04




SWEETWATER AVE Maricopa County Assessor's Office




I
DEER VALLEY DR

SR 101
Z-49-20
UNION HILLS DR
Miles



A W P EA K PKWY (SR 51)
BELL RD
0.07 0.035 0 0.07 GREENWAY RD

PARADISE VALLEY VILLAGE THUNDERBIRD RD

CITY COUNCIL DISTRICT: 3 CACTUS RD




SCOTTSDALE RD
SHEA BLVD
QU

16TH ST 56TH ST 64TH ST
24TH ST S

TATUM BLVD
32ND ST
40TH ST




APPLICANT'S NAME: REQUESTED CHANGE:
Matt Ihms
FROM:
R1-6 ( 1.11 a.c.)
APPLICATION NO. DATE:
12/09/2020
Z-49-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.11 Acres QS 32-35 L-10 TO: R-3 ( 1.11 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R1-6 6 7
R-3 16 19

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-49-20.mxd
Page 519
Page 520
Page 521
Page 522
From: Emad Zaki
To: matt.ihms@gmail.com
Cc: David O Simmons; Enrique A Bojorquez-Gaxiola
Subject: Case Z-49-20-3
Date: Monday, February 22, 2021 12:39:10 PM
Attachments: Rezoning Letter .pdf



Dear Mr. Ihms,

I am attaching a copy of the letter you mailed regarding the above-mentioned case. I have few
concerns that I would like to address:

1. The meeting is scheduled on a work day at 9AM, this is going to prevent a lot of
the neighborhood members from attending. My experience with these meeting that it is
usually scheduled after regular work hours.
2. The way this is set does not give the members an access to the meeting until they
request it from you, this is another concern as members should have a direct link to
access the meeting same as in-person meeting works.

Please consider the above concerns as it interferes with the main purpose of this meetings to
allow the neighbors to voice their opinions and address their concerns. It would be great if you
can reschedule this meeting for another day after 5PM and to have a direct link for anyone
who would like to attend.
Please also let me know if you can provide me with the mailing list to make sure that our
neighbors all got the letter, and if they share the same concerns we have.

Best Regards,

Emad Zaki




Page 523
Attachment C




Village Planning Committee Meeting Summary
Z-49-20-3

Date of VPC Meeting May 3, 2021
Request From R1-6 (Single-Family Residence District)
Request To R-3 (Multifamily Residence District)
Proposed Use Community Residence Center
Location Approximately 970 feet north of the northeast corner of
34th Street and Sweetwater Avenue
VPC Recommendation Approval, per the staff recommendation.
VPC Vote 11-6 with committee members Cantor, Hall, Maggiore,
Mortensen, Popovic, Severs, Stewart, Ward, Wise,
Gubser and Lesher in favor. Committee members
Balderrama, Cashman, Gerst, Goodhue, Mazza and
Ulibarri not in favor.

VPC DISCUSSION:

Mr. David Simmons, staff, provided an overview of the request to include
background of how the area developed over time, the General Plan Land Use
Map designation and character of the surrounding area. Mr. Simmons went over
conceptual site plans and elevations as well as proposed standards. Further, Mr.
Simmons covered a series of stipulations tied to the case.

Chairman Robert Gubser asked staff is the stipulations included a general
conformance stip to the site plans or elevations.

Mr. Enrique Bojórquez Gaxiola, staff, shared that there are no general
conformance stipulations due to the required zoning adjustments the applicant
will need to apply for after this case is approved.

Ms. Larisa Balderrama stated that he has concerns with this use being located
in such close proximity to single-family homes.

Mr. Paul Severs asked how many residences will be allowed to be housed in
this facility.

Mr. Bojórquez Gaxiola stated that the applicant could speak to this during his
presentation.

Applicant Presentation:

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 524
Mr. Thomas Fedzin, applicant, provide a thorough background on his business
model. He shared that this house will provide housing for elder care and assisted
living. He emphasized that this is not a sober living home. He stated that up to 40
residence could reside int eh home at one time and the square footage of the
structure is about 14k square feet in size.

Mr. Robert Goodhue asked if this were a mix of independent and assisted living.

Mr. Fedzin shared that it could be a mix.

Mr. Goodhue asked why the two groups would be separated.

Mr. Fedzin shared that those uses fall under the same license. The separation
was for staffing purposes as each staff set has area of expertise.

Ms. Toby Gerst asked Mr. Fedzin to please define “wellness center”, as
referenced in the applicant’s presentation. She also asked if there were a limited
number of beds for Medicade patience.

Mr. Fedzin defined “wellness center” and expanded on the number of beds that
would be allowed under Medicade.

Vicechair Joe Lesher shared that he had looked up Solace Hospice and they
have outstanding reviews. He also stated that the existing facilities on the
website look very nice.

Mr. Alex Popovic asked if his company has entered into a Public Private
Partnership with the City of Phoenix for this proposal.

Mr. Fedzin stated that no Public Private Partnership has been discussed with the

Mr. Popovic asked the applicant if he had developed in other areas or if this was
his first venture in this industry.

Mr. Fedzin shared that yes, he has built from the ground up in Surprise,
Goodyear and Peoria.

Mr. Popovic asked is he has sold them or if he retains them and manages them.
He also asked if there were 3rd party operators.

Mr. Fedzin explained that they retain them. He stated that they build a good staff
and intern provide a high quality product.

Mr. Popovic asked what community outreach was done prior to coming to this
committee tonight.

Mr. Fedzin shared that they had a neighborhood meeting and send out
neighborhood notification letters.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 525
Ms. Jennifer Hall asked if there were any persons present voicing opposition at
the neighborhood meeting.

Mr. David Simmons, staff, shared that one letter in opposition was received
prior to the staff report being posted. He also shared a citizen participation report
was submitted as part of the rezoning packet requirements. He shared that the
applicant met all neighborhood meeting and notification requirements.

Ms. Balderrama stated that if this request were to pass, all community residence
center product types would be allowed on this site. She asked how many
employees will work there.

Mr. Fedzin shared that the staff size will be around 6-8 full time employees
working regular business hours.

Mr. Goodhue stated that he has concerns with the amount of freedom this
proposed use could encompass. I stated that if it were limited to assisted living,
he could be supportive.

Ms. Hall shared that she too has concerns with the flexibility of the use.

Mr. Wise shared that he does not believe this use will have a negative impact on
the area.

Ms. Jennifer Maggiore asked what the results of the citizen participation report
was.

Mr. Bojórquez Gaxiola shared the results of the report.

Mr. Eric Cashman understands that there is a great need for these facilities in
our area. However, he stated that he knows no one wants sober living facilities in
their neighborhoods.

Ms. Louisa Ward shared that he has conducted a site visit prior to the meeting.
She has concerns about the narrow roadway leading to the site.

Mr. Cashman asked if vehicles weighing in excess of 3 tons were allowed to
drive down the narrow, unimproved roadway.

Mr. Simmons shared that the applicant is stipulated to improving the cul-de-sac
as part of the approval and shared that this is public right of way, so there is no
restriction that he is aware of.

MOTION:
Mr. Alex Popovic made a motion to recommend approval of Rezoning Case No.
Z-49-20-3, per the staff recommendation.
Mr. Ben Stewart seconded the motion.
VOTE:


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 526
11-6 with committee members Cantor, Hall, Maggiore, Mortensen, Popovic,
Severs, Stewart, Ward, Wise, Gubser and Lesher in favor. Committee members
Balderrama, Cashman, Gerst, Goodhue, Mazza and Ulibarri not in favor.

Staff Comments:

None




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 527
Attachment D


REPORT OF PLANNING COMMISSION ACTION
June 3, 2021

ITEM NO: 11
DISTRICT NO.: 3
SUBJECT:

Application #: Z-49-20-3
Location: Approximately 970 feet north of the northeast corner of 34th Street
and Sweetwater Avenue
From: R1-6
To: R-3
Acreage: 1.11
Proposal: Community Residence Center
Applicant: Matt Ihms
Owner: Fedzin Enterprises, LLC
Representative: Matt Ihms

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Paradise Valley 5/3/2021 Approval, per the staff recommendation. Vote: 11-6.

Planning Commission Recommendation: Approval, per the Paradise Valley Village
Planning Committee recommendation with an additional stipulation.

Motion Discussion: N/A

Motion details: Commissioner Busching made a MOTION to approve Z-49-20-3, per the
Paradise Valley Village Committee recommendation, with the additional stipulation, as
read into the record.

Maker: Busching
Second: Perez
Vote: 8-0
Absent: Gorraiz
Opposition Present: Yes

Findings:

1. This proposed development provides a new non-traditional housing option that
is consistent with surrounding developments and serves a need in the
community for disabled individuals.

2. The development, as stipulated, will maintain an appropriate scale to ensure
that it remains compatible with the area.




Page 528
3. This development proposes to develop an asymmetrical parcel that is bounded
by a wash and freeway with a use that is consistent with the goals of the State
Route 51 & Loop 101 Scenic Corridor Policy plan.

Stipulations:

1. The development shall maintain a minimum 50-foot building setback, exclusive
of carports and perimeter walls, from the southern site boundary where
adjacent to R1-6 zoning.

2. The maximum building height shall be limited to 2 stories and 30 feet.

3. Building elevations shall contain multiple colors, exterior accent materials and
textural changes that exhibit quality and durability such as brick, stone, colored
textured concrete or stucco, to provide a decorative and aesthetic treatment,
as approved by the Planning and Development Department.

4. All elevations of the building(s) shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation in
window size and location, pitched roofs and/or overhang canopies, as
approved by the Planning and Development Department.

5. The required landscape setbacks shall include minimum 2-inch caliper large
canopy shade trees, planted 20 feet on center or in equivalent groupings, and
five 5-gallon shrubs per tree, as approved by the Planning and Development
Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions
consistent with a pedestrian environment.

6. Where a landscaped median is provided within the ingress or egress to the
site, a landscaped accent area shall provide a visually unique character with
drought-tolerant plant materials providing seasonal interest and 75 percent live
cover, as approved by the Planning and Development Department.

7. Perimeter walls shall be constructed to the following standards, as approved
by the Planning and Development Department.

a. Perimeter walls visible from public streets shall have a finished
appearance compatible with primary structures that includes material
and textural differences, such as stucco and/or split face block with a
decorative element, such as tile or stamped designs.

b. A combination of solid masonry wall not exceeding 4 feet in height,
and wrought iron view fencing or similar material shall be utilized along
the eastern property lines where open space is adjacent to the
drainage channel/floodway (Indian Bend Wash) east of the site.

8. Clearly defined, accessible pedestrian pathways shall be provided connecting
all building entrances and exits, community amenity areas, and all public




Page 529
sidewalks utilizing the minimum possible distance and providing the most
direct route, as approved by the Planning and Development Department.

9. The developer shall provide clearly defined, accessible pathways, constructed
of decorative pavement that visually contrasts with the adjacent parking and
drive aisle surfaces, as approved by the Planning and Development
Department.

10. Pedestrian walkways, including adjacent public sidewalks, shall be shaded to a
minimum of 75 percent, as approved by the Planning and Development
Department.

11. A minimum of two inverted U-bicycle racks or artistic style racks shall be
provided, located near the main building entrance. All bicycle racks shall
adhere to Appendix K, “Outdoor/Open Facilities”, of the Comprehensive
Bicycle Master Plan, and as approved by the Planning and Development
Department.

12. The developer shall construct a minimum 45-foot radius cul-de-sac at the
terminus of 34th Street, as approved by the Planning and Development
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. A portion of this parcel is located in a Special Flood Hazard Area (SFHA)
called Zone AE Floodplain, on panels 1735L of the Flood Insurance Rate Map
(FIRM) revised December 22, 2017. If the plans show no building and/or
construction encroachment including fill within this portion of the site in the
SFHA, then no floodplain requirements will be required. If encroachment does
occur, then the following requirements must be met, as approved by the
Planning and Development Department:

a. The Architect/Engineer is required to show the special flood hazard
area boundary limits on plans and ensure that impacts to the proposed
facilities and surrounding properties have been considered, following
the National Flood Insurance Program (NFIP) Regulations (44 CFR
Paragraph 60.3). This includes, but not limited to provisions in the
latest versions of the Floodplain Ordinance of the Phoenix City Code.

b. A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements prior to issuance of a Grading
Permit.

15. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-




Page 530
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 PROPOSITION 207 WAIVER OF CLAIMS FORM. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED
IN THE REZONING APPLICATION FILE FOR RECORD.


This publication can be made available in alternate format upon request. Please contact
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 531
Attachment E

CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON: 7/01/2021,
at 10:00 a.m.

APPLICATION NO/ Z-49-20-3 (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Approximately 970 opposition x applicant
feet north of the
northeast corner of
34th Street and
Sweetwater Avenue

Phoenix, AZ 85013 PC 6/03/2021 13221 North 34th Street
Phoenix, AZ 85032

PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC 7/01/2021 Mina Aziz/Archangel Michael Coptic
HEARING (at 10:00 a.m.) Orthodox Church
480-562-1619
frarsenyaziz@gmail.com

CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

Community concerned about openness of R-3 Zoning and process undertaken by the
Applicant to not address concerns. Applicant history of selling Community Centers.


RECEIVED BY: Tricia Gomes RECEIVED ON: 6/10/2021

Alan Stephenson
Joshua Bednarek
Tricia Gomes
Racelle Escolar
Ra’Desha Williams
Stephanie Vasquez
David Urbinato
Vikki Cipolla-Murillo
Village Planner
Samantha Keating
Paul M. Li
GIS
Applicant




Page 532
Page 533
Page 534
166-52-120


166-52-146
166-52-147

166-

52- 1

166-
166- 52- 1
52- 1 166-
52- 1
166- 94

52- 1
166- 52-150


166-52-151




166-03-003E


166-03-003F




166-03-003D

166-03-003B
166-03-004E
£
¤ SR51 R M P 166-03-004D




166-03-006



34TH ST 166-03-005A




Legend
6-
Zoning Petition Area 31
-2
166-03-233 166-03-011C
Proposed Amendment Area
166-03-257
166-03-228 166-03-232
166-03-230
166-03-227 # of Lots/Tracts/Condos:1/7 = 14%
166-03-234
Lots/Tracts/Condos 29
-2 % Area = 0.66ac./5.58ac. = 12%
3/4 VOTE NOT REQUIRED
6 -
Signed Petition 16
166-03-256


Petition Verification Map
I 0 45 90 Feet
Map Page
prepared
for Z-49-20-3
535 by City of Phoenix, Planning and Development Services Dept. 6/11/2021
Attachment F
David O Simmons

From: mark atia
Sent: Monday, May 3, 2021 5:45 PM
To: David O Simmons
Subject: Z-49-20-3 comment


Hi Mr. Simmons,

How can I submit a comment for item z-49-20-3? We missed the deadline for tonight's meeting but I would like to
submit a comment for the council to read before the June 1st vote.

My comment: "I would like to not have the rezoning approved due to all properties being single family residences. This
will increase traffic in the neighborhood and especially on 34th street making it less safe for the community. It also will
back up to the wash, where there is a local park, making it less of a family oriented park. I as k that you don't approve the
rezoning because of this."

Thank you,
Mark Atia



Sent from my mobile phone





Page 536
From: Bishoy Soliman
To: Enrique A Bojorquez-Gaxiola
Cc: David O Simmons
Subject: Fw: Z-49-20-3 comment
Date: Tuesday, May 25, 2021 8:41:49 AM
Attachments: Three Quarters Vote Petition (379) - Revised 7-31-17 (1).pdf
image001.png
image001.png


Good Morning Enrique,

I am a board member of the church adjacent to this property (Z-49-20-3). Unfortunately, we did not
register in time to speak at the May 3rd meeting but there were many things I would have like to have
said opposing this rezoning application and many times I would have like to have answered some of the
questions that the committee had.

On May 9th, our priest explained how the meeting went to the congregation and announced that we
would be putting together a petition opposing the rezoning of this land. Most of the congregation seemed
like they were against this, but we did not have the petition ready for anyone to sign.

The next week, we found out that someone in the congregation had COVID and anyone in contact with
this person was requested to get tested or just stay home. Because of this COVID scare, the next two
weeks had very low attendance and we were only able to collect 18 signatures.

With this needing to be submitted ideally before May 27th, is it possible to distribute this petition
electronically and gather electronic signatures?

These are the reasons we oppose of the rezoning that are mentioned in the petition:

·        Due to the wide variety of dwellings under R-3 zoning, we are very
concerned about the possibility of this land turning into something other than an assisted living facility,
(i.e. Halfway House) which could potentially become a threat to neighboring properties and also to
children at the public park across the wash from this property.

·        The applicant has developed several assisted living facilities, none
of which are currently owned by the applicant. The applicant has sold every assisted living facility he has
developed, which gives us, and we hope give the committee, very little confidence that he will keep this
property and operate it as an assisted living facility.

·        Approving this application with the possibility of this facility
becoming a halfway house or any type of group home would put owners of the neighboring community at
a significant disadvantage when selling their properties. Meanwhile, this applicant will reap the benefits of
having purchased single family residential land and selling it at a much higher value as a result of the
rezoning.

I will also be submitting my own letter bringing up these reasons as well as a few others on why I do not
think this rezoning will benefit the community without hurting others nearby.

Thank you,
Bishoy Soliman

----- Forwarded Message -----
From: mark atia
To: Father Arseny Aziz ; Mira keddis ; Bishoy
Soliman ; Bishoy Soliman
Sent: Tuesday, May 4, 2021, 10:39:47 AM MST
Subject: Fwd: Z-49-20-3 comment



Page 537
Page 538
Page 539
Page 540
Page 541
Page 542
From: J.J. Téllez
Sent: Tuesday, June 1, 2021 9:34 AM
To: PDD Planning Commission
Cc: matt.ihms@gmail.com
Subject: Comment for Rezoning Case, Item 11, Application # Z-49-20-3



Hello,

I'd like to bring to the Planning Commission's attention that the parcel owner applying for rezoning has done the bare
minimum to listen to the community and neighbor's concerns about the proposed development. The community
meeting was held back in February during working hours and only one community member attended. Meager
attendance and emailed concerns on 2/22 by Emad Zaki (below) should have signaled to the developer more needed to
be done. Additionally, the 34th Street Enclave community was not invited or notified nor any neighbors across the wash,
surrounding the park.

Rezoning opens several possibilities of 'community centers' that could evolve from developers' stated intentions of
hospice care to other more profitable operations such as sober‐living facilities within walking distance of a community
park and single family homes.

Lastly, peer‐reviewed research shows group homes have a negative impact on surrounding homes property values.
Article below:

https://doi.org/10.2307/3146956 [doi.org]
https://www.nrc.gov/docs/ML1208/ML12088A314.pdf [nrc.gov]

Regards,
JJ Tellez,
3414 E Captain Dreyfus Ave, Phoenix, AZ 85032


From: Emad Zaki
To: matt.ihms@gmail.com
Cc: David O Simmons; Enrique A Bojorquez‐Gaxiola
Subject: Case Z‐49‐20‐3
Date: Monday, February 22, 2021 12:39:10 PM
Attachments: Rezoning Letter .pdf
Dear Mr. Ihms,
I am attaching a copy of the letter you mailed regarding the above‐mentioned case. I have few
concerns that I would like to address:
1. The meeting is scheduled on a work day at 9AM, this is going to prevent a lot of
the neighborhood members from attending. My experience with these meeting that it is
usually scheduled after regular work hours.
2. The way this is set does not give the members an access to the meeting until they
request it from you, this is another concern as members should have a direct link to
access the meeting same as in‐person meeting works.
Please consider the above concerns as it interferes with the main purpose of this meetings to
allow the neighbors to voice their opinions and address their concerns. It would be great if you
can reschedule this meeting for another day after 5PM and to have a direct link for anyone
who would like to attend.
Please also let me know if you can provide me with the mailing list to make sure that our
neighbors all got the letter, and if they share the same concerns we have.

Best Regards,
Emad Zaki Page 543



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Item text
***REQUEST TO ADD-ON (SEE ATTACHED MEMO)*** Request for City Council to
Call to Meet in Executive Session on Nov. 17, 2021

Request for the City Council to call a meeting for the purpose of holding an Executive
Session pursuant to Arizona Revised Statutes, section 38-431.03.A, on Nov. 17, 2021
at 1:00 p.m. in the Central Conference Room, 12th Floor of Phoenix City Hall, 200 W.
Washington St., Phoenix, Arizona. This Executive Session is being scheduled to
replace the cancelled Executive Session on Nov. 9, 2021.

Public Outreach
The Notice and Agenda for this Executive Session will be posted no later than 24
hours before the scheduled meeting.

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




Page 544
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50 item(s)