Meeting City Council Formal Meeting-2/7/2024 complete
2024-02-07 · Formal
City Council Formal Meeting
Item text
Summary
This item transmits the minutes of the Formal Meeting of March 17, 2021, for review,
correction and/or approval by the City Council.
The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Item text
Summary
This item transmits the minutes of the Formal Meeting of April 7, 2021, for review,
correction and/or approval by the City Council.
The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
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Item text
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: February 7, 2024
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:
Phoenix Women’s Commission
I recommend the following for appointment:
Maria Fernanda Arreguin Gamez
Ms. Arreguin Gamez is the Consul of Protection and Legal Affairs at the Consulate
General of Mexico in Phoenix, and a resident of District 1. She fills a vacancy for a term
to expire February 7, 2027.
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Ilene Takiguchi
Location
300 E. Indian School Road
Council District: 4
Function
Cultural Festival
Date(s) - Time(s) / Expected Attendance
Feb. 24, 2024 - 10 a.m. to 8 p.m. / 20,000 attendees
Feb. 25, 2024 - 10 a.m. to 5 p.m. / 15,000 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
John Largay
Location
300 E. Indian School Road
Council District: 4
Function
Music Festival
Date(s) - Time(s) / Expected Attendance
March 1, 2024 - 1 p.m. to 11 p.m. / 9,000 attendees
March 2, 2024 - 1 p.m. to 11 p.m. / 9,000 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
No supporting documents stored.
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Linda Doescher
Location
301 W. Holly St.
Council District: 4
Function
Home Tour
Date(s) - Time(s) / Expected Attendance
Feb. 27, 2024 - 5 p.m. to 10:30 p.m. / 1,000 attendees
Feb. 28, 2024 - 10 a.m. to 5:30 p.m. / 2,500 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
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Item text
Request for a liquor license. Arizona State License Application 271613.
Summary
Applicant
Jared Repinski, Agent
License Type
Series 10 - Beer and Wine Store
Location
2709 W. Northern Ave.
Zoning Classification: C-2
Council District: 5
This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.
The 60-day limit for processing this application is Feb. 10, 2024.
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.
Grab N Go 808 (Series 10)
5835 N. 27th Ave., Phoenix
Calls for police service: 56
Liquor license violations: None
A-1 Food & Liquor Store (Series 9)
6514 W. Bethany Home Road, Glendale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Chandler Liquors & Foods (Series 9)
554 N. Arizona Ave., Chandler
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Public Opinion
Four letters protesting the issuance of this license have been received and are on file
in the Office of the City Clerk. The letters are from the North Glen Square
Neighborhood Association, Ocotillo Glen Neighborhood Association, Lane Avenue
Block Watch, and the Glen Canyon Vista Neighborhood Association. They believe that
there are already sufficient liquor licenses in the area to meet the need and
convenience of the neighborhood. They are concerned that the license application
agent, Jared Repinski, has not responded to requests for a meeting with the
neighborhood. Therefore, they oppose the issuance of this liquor license.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have been representing liquor licensed establishments in Arizona for over 15 years.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Tourism plays an important role in our local economy and liquor licensed
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establishments (the sale of alcohol) is a very important aspect of tourism. Therefore, if
the City of Phoenix continues to lead the State of Arizona by approving quality and
diverse businesses (restaurants, bars, microbreweries, distilleries, hotels, resorts, golf
courses, special events, convenience / liquor / grocery stores and gas stations) similar
to this proposed liquor licensed business, all businesses will prosper.”
Staff Recommendation
Staff gave careful consideration to the protest letters received, however after reviewing
the application in its entirety staff is recommending approval of this application.
Additionally, staff notes that 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
Attachment - Grab N Go - Data
Attachment - Grab N Go - Map
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Liquor License Data: GRAB N GO
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 2 0
Beer and Wine Bar 7 1 1
Liquor Store 9 3 0
Beer and Wine Store 10 9 4
Restaurant 12 6 1
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 64.2 209.63 244.47
Violent Crimes 12.31 54.83 78.76
*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 47 133
Total Violations 82 249
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Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1055011 1055 38 6 59
1055012 1442 0 11 38
1056012 1895 76 6 27
1056021 2042 80 0 26
1059001 1697 50 0 42
1059003 1609 59 5 25
1060011 1487 31 17 50
1060021 1678 27 14 27
Average 0 61 13 19
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Liquor License Map: GRAB N GO
2709 W NORTHERN AVE
Ü
Date: 12/13/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Matthew Gerber
Location
5601 N. 16th St.
Council District: 6
Function
Cultural Dance Performance
Date(s) - Time(s) / Expected Attendance
Feb. 23, 2024 - 6 p.m. to 10:30 p.m. / 904 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Matthew Gerber
Location
5601 N. 16th St.
Council District: 6
Function
Concert
Date(s) - Time(s) / Expected Attendance
Feb. 24, 2024 - 4 p.m. to 10:30 p.m. / 904 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Margaret Dodd
Location
5601 N. 16th St.
Council District: 6
Function
Gala
Date(s) - Time(s) / Expected Attendance
April 27, 2024 - 6 p.m. to 11:30 p.m. / 500 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
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Item text
Request for a liquor license. Arizona State License Application 264446.
Summary
Applicant
Armando Hernandez, Agent
License Type
Series 12 - Restaurant
Location
4418 E. Osborn Road
Zoning Classification: C-1
Council District: 6
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is Feb. 20, 2024.
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.
Tacos Chiwas (Series 12)
1028 E. Indian School Road, Phoenix
Calls for police service: 5
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 qualified because I'm the owner of another business that currently operates with
a liquor license, I took arizonas title 4 manager and basic training and completed all
the courses successfully and I understand the responsibility and liability to do so.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“With the issuance of this liquor license we are able to fully operate our restaurant and
build a community around it, providing array of entertainment and culture.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Attachment - Santo Arcadia - Data
Attachment - Santo Arcadia - Map
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Liquor License Data: SANTO ARCADIA
Liquor License
Description Series 1 Mile 1/2 Mile
Microbrewery 3 2 0
Wholesaler 4 2 0
Bar 6 7 1
Beer and Wine Bar 7 3 2
Liquor Store 9 6 1
Beer and Wine Store 10 8 0
Restaurant 12 31 4
Club 14 1 0
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 64.2 141.64 49.68
Violent Crimes 12.31 16.45 4.03
*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 46 20
Total Violations 80 29
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Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1082002 1178 45 8 8
1110001 781 25 11 3
1110002 1105 63 8 19
1110003 1587 64 17 24
1110004 707 59 25 0
1110005 698 88 19 5
1111003 2317 84 11 8
Average 0 61 13 19
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Liquor License Map: SANTO ARCADIA
4418 E OSBORN RD
Ü
Date: 1/26/2024
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
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Report
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Erin Ring
Location
18 W. Monroe St.
Council District: 7
Function
Irish Street Fair
Date(s) - Time(s) / Expected Attendance
March 17, 2024 - 9 a.m. to 2 a.m. / 650 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Stephanie Hurd
Location
8440 S. 35th Ave.
Council District: 8
Function
Festival
Date(s) - Time(s) / Expected Attendance
Feb. 24, 2024 - 11 a.m. to 4 p.m. / 4,000 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
No supporting documents stored.
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Michael Fornelli
Location
115 N. 6th St.
Council District: 8
Function
Festival Celebration
Date(s) - Time(s) / Expected Attendance
March 23, 2024 - 10 a.m. to 6 p.m. / 7,000 attendees
March 24, 2024 - 10 a.m. to 6 p.m. / 7,000 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
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Item text
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Andre Tkacenko, Agent
Location
4436 E. McKinley St.
Council District: 8
Function
Choir Concert
Date(s) - Time(s) / Expected Attendance
Feb. 17, 2024 - 5 p.m. to Midnight / 100 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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PAYMENT ORDINANCE (Ordinance S-50530) (Items 16-23)
Ordinance S-50530 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.
16 North American Region of the Airports Council
International dba Airports Council International - North
America
For $175,729 in payment authority for the 2024 Airports Council
International - North America (ACI-NA) membership dues, for the Aviation
Department. ACI-NA is an organization that represents state, local, and
regional governing bodies that own and operate commercial airports in
North America and the world, with a focus on supporting industry issues
such as finance, safety, operations, environmental, sustainability,
business and regulatory issues, as well as interpreting and coordinating
regulatory policy and rule-making with the Federal Aviation Administration,
Transportation Security Administration, Customs and Border Protection,
and the Environmental Protection Agency.
17 Arizona State University
For $78,000 in payment authority for Contract 119092 for the annual
operating and maintenance fees for the Downtown Phoenix Civic Space
A.E. England Building, to the Arizona Board of Regents on behalf of
Arizona State University. This contract is operated through the Parks and
Recreation Department.
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18 Bureau of Reclamation
For $55,000 in payment authority to the United States Bureau of
Reclamation for the Parks and Recreation Department's annual
administrative fee. The administrative costs are associated with the
agreement for land use of the 1,200-acre Reach 11 Sports Complex
Recreation Area.
19 Arizona Science Center
For $204,000 in additional payment authority for Contract 127032 for the
Arizona Science Center's annual reimbursement of utilities for the Parks
and Recreation Department. The contract provides for the City to
reimburse the Arizona Science Center for a percentage of utility payments
each year. The agreement allows the Arizona Science Center to maintain
and operate on behalf of the City of Phoenix, providing science education
to visitors. Science education provided to Phoenix residents and visitors
is designed to increase the knowledge and understanding of science for
youth and adults alike.
20 BWC Enterprises Inc., dba Woodruff Construction
For $60,000 in payment authority for a new contract, entered on or about
Feb. 1, 2024, for a five-year period, which will provide building
weatherization services for the Parks and Recreation Department. These
services may include repair, stripping and sealing of exterior exposed
wood, in addition to other alterations or corrections to help protect
buildings from the elements. This service is necessary for the City-owned
Camp Colley facility located in Happy Jack, Arizona, approximately 50
miles north of Payson in Coconino County.
21 Mobile Training Solutions, LLC
For $225,000 in payment authority to enter into contract with Mobile
Training Solutions, LLC, on or about Feb. 1, 2024, for a five-year period,
with one five-year extension option. This contract will provide training
services for approximately 200 pesticide applicators for the Parks and
Recreation and Aviation departments. The training will occur semi-annually
at multiple City locations and will cover a variety of pest-related topics
such as wood-destroying organism management, ornamental turf, weed
control, aquatics, and fumigation. This training is necessary to maintain
current pesticide applicator licensing for staff and also satisfies the
continuing education requirement of the Pest Management Division of the
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Arizona Department of Agriculture.
22 Maricopa County Air Quality and Environmental
Regulations
For $222,450 in annual payment authority for various mandated regulatory
fees and permits for the Public Works Department. The Public Works
Department manages fuel sites, Citywide fleet and facilities, open and
closed landfills, transfer stations, solid waste collections, and other
mandated entities that require various permits and fees to maintain
compliance with Maricopa County air quality and environmental health
regulations. The permits that Public Works maintains include Refuse
Hauler, Authority to Operate, Title V, Non-Title V, Recycle Variance,
permitted fuel burning equipment, and permitted fuel dispensing.
23 Settlement of Claim(s) Madsen v. City of Phoenix
To make payment of up to $600,000 in settlement of claim(s) in Madsen
v. City of Phoenix, CV2019-03182, 18-0693-001, GL, for the Finance
Department pursuant to Phoenix City Code Chapter 42. This is a
settlement of a claim involving the Aviation Department that occurred on
Dec. 20, 2018.
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Item text
for Citywide Procurement and Engineering Services
Request to authorize the City Manager, or his designee, to allow the Finance and
Street Transportation departments to add 26 new ongoing positions and additional one
-time resources to address increased Citywide procurement and engineering services
needs.
Summary
The City has experienced significant increases in the costs associated with
procurements, contracts and capital projects. These increased costs require additional
resources totaling $5,300,000 in the Finance and Street Transportation departments'
operating and capital budgets to ensure effective and efficient delivery of programs
and services to the community. The Budget and Research Department conducted
staffing studies for both departments and recommend 26 additional positions and
additional one-time resources to meet the growing demand. Additionally, in November
2023, City of Phoenix residents approved a $500 million General Obligation (GO)
Bond Program and additional staff are necessary to successfully deliver the projects
included in the program.
The Finance Department’s Procurement Division is responsible for purchasing goods,
acquiring general and professional services, and promoting open competition and
fairness throughout the procurement process. Their primary goal is to ensure goods
and services procured meet the needs of customers and provide maximum value to
the City. As the city has experienced population growth and new or enhanced services
are provided to residents, the complexity and number of both procurements and
contracts have grown. The Procurement Division’s staffing levels have not increased to
meet the needs of its customers, causing excessive workloads for employees and
delays in procurements. The request of $3,380,000 will fund 12 new ongoing positions
(one Assistant City Attorney IV, two Finance Procurement Officer Leads, nine Finance
Procurement Officers) and one-time costs for equipment and temporary staffing. The
estimated ongoing annual cost is $1,800,000, and will be allocated to the General
Fund and Non-General Funds. Adding these positions will ensure the Procurement
Division can complete their growing workload in a timely manner and increase the
City’s ability to operationalize completed capital projects.
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The Street Transportation Department’s Office of the City Engineer (OCE) is
responsible for the selection and oversight of architects, engineers, and contractors
executing most of the City's five-year Capital Improvement Program (CIP). Like the
Finance Procurement Division, OCE staffing levels have not increased to meet the
growing demand for services, causing excessive workloads for staff and delays in
completing projects. The GO Bond Program will also add additional projects requiring
these services. The OCE will be instrumental in executing capital projects and it is
critical they are appropriately resourced to be successful. The request of $1,920,000
will fund 14 new ongoing positions (one Architect, one Civil Engineer I, one Civil
Engineer III, one Contracts Specialist I, one Contracts Specialist II, one Engineering
Tech, one Management Assistant III, one Principal Engineering Tech, two
Environmental Quality Specialists, four Project Managers) and one-time costs for
equipment and temporary staffing. The estimated ongoing annual cost is $1,610,000
and will be allocated to capital projects and the General Fund. Adding these positions
will ensure OCE is able to efficiently and effectively oversee existing and new CIP
projects.
Financial Impact
The estimated cost of $5,300,000 will be incorporated into the Finance and Street
Transportation departments' operating and capital budgets currently in development
for the Fiscal Year 2024-25 budget.
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance, Street
Transportation and Budget and Research departments.
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Report
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Item text
A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed 19th Avenue and Park View Lane Annexation. This public hearing allows the
Council will not act on the proposed annexation at this public hearing. Formal adoption
of this proposed annexation will be considered at a later date.
Summary
The annexation was requested by Clark Diepholz for the purpose of receiving City of
Phoenix services. The proposed annexation conforms to current City policies and
complies with Arizona Revised Statutes section 9-471 regarding annexations.
Additionally, the annexation is recommended for adoption per the attached Task Force
Analysis Report (Attachment A).
Public Outreach
Notification of the public hearing was published in the Arizona Business Gazette
newspaper, and was posted in at least three conspicuous places in the area proposed
to be annexed. Also, notice via first-class mail was sent to each property owner within
the proposed annexation area.
Location
The proposed annexation area includes parcels 210-07-015 and 210-07-033E, located
at 19th Avenue and Park View Lane (Attachment B). The annexation area is
approximately 6.39 acres (0.0100 sq. mi.) and population estimate is zero individuals.
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Attachment A
CITY COUNCIL REPORT
*REVISED
TO: Alan Stephenson
Deputy City Manager
FROM: Joshua Bednarek
Planning and Development Director
SUBJECT: Request for Task Force Analysis: 19th Avenue and *Parkview Park View Lane
This report recommends the approval of the proposed annexation of *6.39 acres located at 19th
Avenue and *Parkview Park View Lane (APN: 210-07-015 and 210-07-033E).
THE REQUEST:
The applicant is requesting to annex approximately *6.39 acres located approximately 1,000 feet east
of the northeast corner of 19th Avenue and *Parkview Park View Lane from Maricopa County. The
applicant is requesting the annexation with the intention to rezone to CP/GCP DVAO for up to 79,000
square feet of commerce park and light industrial uses.
OTHER INFORMATION:
Planning Village: Deer Valley
General Plan Designation: Commerce/Business Park
Current County Zoning RU-43
District:
Equivalent Zoning District: S-1 DVAO
Proposed Zoning District: CP/GCP DVAO
Current Land Use Conditions
On Site: Plant nursery and outdoor storage
To the North: Maricopa County jurisdiction, zoned RU-43, plant nursery
To the South: Maricopa County jurisdiction, zoned RU-43, landscaping materials
storage
To the West: Maricopa County jurisdiction, zoned RU-43, and City of Phoenix
jurisdiction, S-1, vacant
To the East: Maricopa County jurisdiction, zoned RU-43, plant nursery
Maricopa County History of Non-Conformities Present?
NONE PRESENT
MARICIPA COUNTY ZONING CASE HISTORY
N/A
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Attachment A
ALTERNATIVES:
Option A - Annex the land as requested:
The City of Phoenix will control rezoning requests in this area to ensure conformance with the
General Plan Land Use Map. The city of Phoenix will capture property tax, utility tax, state shared
revenue, and impact fees when applicable.
Option B - Deny the request for annexation:
If annexed later, this site would have been developed under County zoning and development
standards that may not be consistent with the General Plan, Land Use Map, zoning, and
development standards.
RECOMMENDATION:
Located adjacent to City of Phoenix parcels, this annexation is supported by the 2015 General Plan,
particularly the Land Use goal for land uses and development standards for unincorporated land, under
Policies 1 and 2. This annexation is recommended for approval.
Approval of annexation does not constitute recommendation for future rezoning actions.
SUPPORTING INFORMATION:
I. Water and Sewer Service
2 Parcels: N 19th Avenue e/o W Park View Lane
APN 210-07-015, N/A Phoenix, 4.95 acres
APN 210-07-033E, 1738 W *Parkview Park View Lane, 1.13 acres
Q.S.#: 46-25
Water Pressure Zone Area: 4A
Water – Parcels do not have frontage to existing water mains. For reference:
8-inch DIP water main within W Park View Lane to the west of each parcel
Sewer – Parcels do not have frontage to existing sewer mains. For reference:
8-inch DIP sewer main within W Park View Lane to the west of each parcel
This parcel does not front existing infrastructure. Significant infrastructure improvements will be
required in order to serve the proposed parcels within the City of Phoenix service area. Design
and construction of any infrastructure will be the responsibility of the developer. Specifics
regarding infrastructure improvement requirements would be discussed and determined at a pre-
application meeting after annexation.
It is the City’s intent to provide water and sewer service. However, the requirements and
assurances for water and sewer service are determined during the site plan application review, or
the building permit approval, and may be subject to future restrictions as a result of water
shortage. Water and/or sewer system requirements and stipulations are determined at time of
site plan approval. Capacity on any existing infrastructure is determined at that time of
preliminary site plan approval.
*Per City Code 37-22, 37-39 and 37-142, annexation into the City requires all properties connect
to the City’s public water system. All existing on-site private wells must be dis-connected to
prevent cross contamination with the City’s public water system.
Page 45
Attachment A
Please be advised that capacity is a dynamic condition that can change over time due to a
variety of factors.
II. Fire Protection
Servicing Station:
Phoenix Fire Station 55, 26700 N. 27th Avenue
Current Response Time: 3 Min. 14 Sec.
City Average Response Time: 5 Min. 0 Sec.
Difference from Typical Response -2 Min. 14 Sec.
Time:
Number of Service Calls Expected: 0
Average Cost per Service Call: $727
Estimated Total Annual Fire Service $0
Costs:
III. Police Protection
Servicing Station:
Black Mountain Precinct, 21 Area
33355 N. Cave Creek Road
Phoenix, Arizona, 85331
Number Of New Officers Required: 0.00
Number Of New Patrol Cars 0.00
Required:
Estimated Total Annual Police $0
Service Costs:
IV. Refuse Collection
Number of New Containers
Required:
Cost for Refuse Containers, Each: $59.90
Cost for Recycling Containers,
$59.90
Each:
Total Start-Up Costs for Refuse
$0
Collection:
V. Street Maintenance
Average Cost per Acre For Street
Maintenance: $131
Estimated Total Annual Street
Maintenance Costs: $794
VI. Public Transit
Page 46
Attachment A
Servicing Routes: None.
VII. Parks and Recreation
Neighborhood Park Demand in
0.00
Acres:
Community Park Demand in Acres: 0.00
District Park Demand in Acres: 0.00
Total Park Demand in Acres: 0.00
Cost Per Acre, Annual
$17,000
Maintenance:
Total Annual Parks and Recreation
$0
Costs:
VIII. Schools
Elementary School District: Deer Valley Unified
High School District: Deer Valley Unified
Total Expected Elementary School
Students:
Total Expected High School
Students:
Total Expected New Students: 0
IX. Revenues
Expected Total Impact Fees at $0
Buildout:
Property Tax Income*: $842
Beginning Next Fiscal
Utility Fee Income: $125
State Shared Revenue: $0
Solid Waste: $0
Year
Sales Tax Generated: Unknown
Total Tax Related Income, $967
Annually**:
Property Tax Income*: $842
Beginning 2023-2024
Utility Fee Income: $125
State Shared Revenue: $0
Solid Waste: $0
Fiscal Year
Sales Tax Generated: Unknown
Total Tax Related Income, $967
Annually**:
X. Total Costs
Revenue, First Year Only: $967
Page 47
Attachment A
Revenue, Year Two: $967
Revenue, 2020 and Beyond: $967
Expenses, First Year Only: $794
Expenses, Year Two and Beyond: $794
Total Annual Revenue, First $173
Year**:
Total Annual Revenue, 2023 and $173
Beyond**:
*The above referenced Property Tax Income numbers are based on vacant parcels only, it does
not not refer to future development which will vary depending on number of lots and individual
square footage.
**Total Tax Related Income and Total Annual Revenues will vary depending on project scope
and size, the timing of permit issuance and build-out.
Page 48
Attachment B
Page 49
PROPOSED 19th Avenue & Parkview Road ANNEXATION
That part of the Northwest quarter of Section 7, Township 4 North, Range 3 East, G&SRB&M,
Maricopa County, Arizona lying adjacent to part of the South and the East boundary of the area
previously annexed by the City of Phoenix Ordinance No. G-5000 recorded in Document No. 2007-
1144844 in the Office of the County Recorder of said Maricopa County, more particularly described
as;
the East half of the Northeast quarter of the Southwest quarter of the Northwest quarter, and
the East half of the South half of GLO Lot 10, said Section 7;
EXCEPTING therefrom any area lying within the South 25 feet of said East half of the South
half of GLO Lot 10 being the “easement and agreement for highway purposes” as described in
Docket 10160, page 223 in the Office of the County Recorder of Maricopa County, Arizona.
Area = 6.386 Acres
Area = 0.0100 Sq. Miles
Prepared October 26, 2023, in
Title Section,
Real Estate Division
PROPOSED 19th Avenue & Parkview Road ANNEXATION QS
56-25
Page 50
Report
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Item text
A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed 9th Avenue and Happy Valley Road Annexation. This public hearing allows
the City Council to gather community input regarding this annexation proposal. The
adoption of this proposed annexation will be considered at a later date.
Summary
The annexation was requested by Kathleen Shaffer with the May, Potenza, Baran &
Gillespie, P.C. for the purpose of receiving City of Phoenix services. The proposed
annexation conforms to current City policies and complies with Arizona Revised
Statutes section 9-471 regarding annexations. Additionally, the annexation is
recommended for adoption per the attached Task Force Analysis Report (Attachment
A).
Public Outreach
Notification of the public hearing was published in the Arizona Business Gazette
newspaper, and was posted in at least three conspicuous places in the area proposed
to be annexed. Also, notice via first-class mail was sent to each property owner within
the proposed annexation area.
Location
The proposed annexation area includes parcel 210-09-019, located at 912 W. Happy
Valley Road (Attachment B). The annexation area is approximately 4.69 acres
(0.0073 sq. mi.) and population estimate is three individuals.
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 51
Attachment A
*REVISED
CITY COUNCIL REPORT
TO: Alan Stephenson
Deputy City Manager
FROM: Joshua Bednarek
Planning and Development Director
SUBJECT: Request for Task Force Analysis: 9th Avenue and Happy Valley Road
This report recommends the approval of the proposed annexation of *4.73 4.69 acres located at 9th
Avenue and Happy Valley Road (APN: 210-09-019)
THE REQUEST:
The applicant is requesting to annex approximately *4.73 4.69 acres at the northwest corner of 9th
Avenue and Happy Valley Road from Maricopa County. The applicant is requesting the annexation with
the intention to rezone to C-3 to operate approximately 4,603 square feet of commercial uses for sale
and leasing of agricultural tractors, implements, and farm supplies.
OTHER INFORMATION:
Planning Deer Valley
Village:
General Plan Mixed Use (Commercial / Commerce Park)
Designation:
Current RU-43
County Zoning
District
Equivalent S-1
Zoning District:
Proposed C-3
Zoning District:
Current Land Use Conditions
On Site: Tractor and farm supplies retail sales
To the North: Maricopa County jurisdiction, zoned RU-43, vacant
To the South: Maricopa County jurisdiction, zoned RU-43, vacant
To the West: Maricopa County jurisdiction, zoned RU-43, vacant and single-family residential
To the East: Maricopa County jurisdiction, zoned RU-43, vehicle and equipment storage
Maricopa Unpermitted buildings/structures exist on the site which is currently operating
County History as a business for farm supplies.
of Non-
Conformities
Present?
Page 52
Attachment A
* MARICIPA There is a rezoning case with Maricopa County (Z2021007) to rezone the site
COUNTY from RU-43 to C-3. The Applicant stated in their application materials that the
ZONING application has been on hold since 2021 and will be withdrawn upon
CASE completion of annexation into the City of Phoenix.
HISTORY
ALTERNATIVES:
Option A - Annex the land as requested:
The City of Phoenix will control rezoning requests in this area to ensure conformance with the
General Plan Land Use Map. The city of Phoenix will capture property tax, utility tax, state shared
revenue, and impact fees when applicable.
Option B - Deny the request for annexation:
If annexed later, this site would have been developed under County zoning and development
standards that may not be consistent with the General Plan, Land Use Map, zoning, and
development standards.
RECOMMENDATION:
This annexation is supported by the 2015 General Plan, particularly the Land Use goal for land uses
and development standards for unincorporated land, under Policies 1 and 2. This annexation is
recommended for approval.
Approval of annexation does not constitute recommendation for future rezoning actions.
SUPPORTING INFORMATION:
I. Water and Sewer Service
1 Parcel, APN 210-09-019, N 9th Avenue & W Happy Valley Rd, 912 W Happy Valley Road
Q.S.#: 47-26
Water Pressure Zone Area: 4A
Acres: *4.73 4.69 acres
Water
16-inch DIP distribution water main within W Happy Valley Road
Sewer – No Sewer frontage
12-inch VCP sewer main within W Happy Valley Road +/- 2000 to the west of proposed parcel
8-inch VCP sewer main within N 7th Avenue +/- 1060 feet to the southeast of proposed parcel
24-inch DIP sewer forced main within W Happy Valley Road (Do Not Use)
This parcel does not front existing connectable sewer infrastructure. Significant infrastructure
improvements will be required in order to serve the proposed parcels within the City of Phoenix
service area. Design and construction of any infrastructure will be the responsibility of the
developer. Specifics regarding infrastructure improvement requirements would be discussed and
determined at a pre-application meeting after annexation. Additional information and
requirements for this parcel were provided under PAPP 2012214 for KIVA 20-2466.
It is the City’s intent to provide water and sewer service. However, the requirements and
Page 53
Attachment A
assurances for water and sewer service are determined during the site plan application review, or
the building permit approval, and may be subject to future restrictions as a result of water
shortage. Water and/or sewer system requirements and stipulations are determined at time of
site plan approval. Capacity on any existing infrastructure is determined at that time of
preliminary site plan approval.
*Per City Code 37-22, 37-39 and 37-142, annexation into the City requires all properties connect
to the City’s public water system. All existing on-site private wells must be dis-connected to
prevent cross contamination with the City’s public water system.
Please be advised that capacity is a dynamic condition that can change over time due to a
variety of factors.
II. Fire Protection
Servicing Phoenix Fire Station 55
Station: 26700 N. 27th Avenue
Phoenix, AZ 85085
Current 4 Min. 10 Sec.
Response
Time:
City Average 5 Min. 0 Sec.
Response
Time:
Difference -1 Min. 10 Sec.
from Typical
Response
Time:
Number of 28
Service Calls
Expected:
Average Cost
per Service $727
Call:
Estimated
Total Annual
$20,044
Fire Service
Costs:
III. Police Protection
Servicing Black Mountain Precinct, 21 Area
Station: 33355 N. Cave Creek Road
Phoenix, Arizona, 85331
Number Of
New Officers 0.19
Required:
Number Of
New Patrol 0.11
Cars Required:
Estimated
Total Annual
$35,838
Police Service
Costs:
Page 54
Attachment A
IV. Refuse Collection
Number of 0
New
Containers
Required:
Cost for
Refuse
$59.90
Containers,
Each:
Cost for
Recycling
$59.90
Containers,
Each:
Total Start-Up
Costs for
$0
Refuse
Collection:
V. Street Maintenance
Average Cost
per Acre For
$131
Street
Maintenance:
Estimated
Total Annual
Street $618
Maintenance
Costs:
VI. Public Transit
Servicing None.
Routes:
VII. Parks and Recreation
Neighborhood
Park Demand 0.70
in Acres:
Community
Park Demand 0.37
in Acres:
District Park
Demand in 0.37
Acres:
Total Park
Demand in 1.45
Acres:
Cost Per Acre,
Annual $17,000
Maintenance:
Page 55
Attachment A
Total Annual
Parks and
$24,668
Recreation
Costs:
VIII Schools
.
Elementary Deer Valley Unified
School District:
High School Deer Valley Unified
District:
Total Expected 48
Elementary
School
Students:
Total Expected 27
High School
Students:
Total Expected 75
New Students:
IX. Revenues
Expected Total $0
Impact Fees at
Buildout:
Property Tax $487
Beginning Next Fiscal Year
Income*:
Utility Fee $8,573
Income:
State Shared $85,155
Revenue:
Solid Waste: $0
Sales Tax $0
Generated:
Total Tax $93,728
Related
Income,
Annually**:
Property Tax $487
Beginning 2023-2024 Fiscal Year
Income*:
Utility Fee $8,573
Income:
State Shared $85,155
Revenue:
Solid Waste: $0
Sales Tax $0
Generated:
Total Tax $93,728
Related
Income,
Annually**:
Page 56
Attachment A
X. Total Costs
Revenue, First $93,728
Year Only:
Revenue, Year $93,728
Two:
Revenue, $93,728
2020 and
Beyond:
Expenses, $81,168
First Year
Only:
Expenses, $81,168
Year Two and
Beyond:
Total Annual $12,560
Revenue,
First Year**:
Total Annual $12,560
Revenue,
2023 and
Beyond**:
*The above referenced Property Tax Income numbers are based on vacant parcels only, it does
not not refer to future development which will vary depending on number of lots and individual
square footage.
**Total Tax Related Income and Total Annual Revenues will vary depending on project scope
and size, the timing of permit issuance and build-out.
Page 57
Attachment B
Page 58
PROPOSED 9th Avenue & Happy Valley Road ANNEXATION
That part of the East half of the Southwest quarter of the Southeast quarter of the Southeast
quarter of Section 6, Township 4 North, Range 3 East, G&SRB&M, Maricopa County, Arizona,
described as follows:
COMMENCING at a the Southeast corner of said Section 6, also being a corner of City of
Phoenix Ordinance G-4397, recorded at Document 2001-1068866 official records of the Maricopa
County Recorder, said point also being the point of beginning of City of Phoenix Ordinance No. S-
35520, recorded in Document No. 2008-0877176 official records of Maricopa County;
Thence along the following 5 courses being along the boundary of said City of Phoenix
Ordinance No. S-35520;
thence North along the East line of said Section 6 to the North line of the South 55 feet of said
Section 6;
thence West along said North line, to the West line of the East half of the Southeast quarter of
the Southeast quarter of the Southeast quarter of said Section 6;
thence South along said West line to the North line of the South 40 feet of said Section 6;
thence Westerly along last said North line to the East line of the East half of the Southwest
quarter of the Southeast quarter of the Southeast quarter of said Section 6 and the POINT OF
BEGINNING.
thence continuing West along last said North line to the West line of said East half of the
Southwest quarter of the Southeast quarter of the Southeast quarter;
thence, leaving said boundary of Ordinance No. S-35520, North along last said West line to
the North line of last said East half;
thence East along last said North line to the Northeast corner of last said East half;
thence South along the East line of last said East half to said North line of the South 40 feet of
said Section 6 and the POINT OF BEGINNING.
Area = 4.690 Acres
Area = 0.0073 Sq. Miles
PROPOSED 9th Avenue & Happy Valley Road ANNEXATION
Page 59
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Utility Purposes (Ordinance S-50573)
Request for the City Council to accept and dedicate a deed and easements for
roadway and public utility purposes; further ordering the ordinance recorded.
Summary
Accepting the property interests below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.
Deed (a)
Applicant: DVHAWK15, LLC; its successor and assigns
Purpose: Roadway
Location: East of the southeast corner of W. Parkview Lane and N. 17th Ave.
File: FN 230006
Council District: 1
Easement (b)
Applicant: The DB Hammer Trust, U/A dated Feb. 23, 2023; its successor and assigns
Purpose: Public Utility
Location: 12232 N. 65th St.
File: FN 230111
Council District: 2
Easement (c)
Applicant: Jake Lough; Liliana Lough; its successor and assigns
Purpose: Public Utility
Location: 1317 W. Tamarisk St.
File: FN 230115
Council District: 7
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.
Page 60
Report
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- Request for Award (Ordinance S-50570)
Request to authorize the City Manager, or his designee, to enter into contracts with
Canterbury Enterprises, Inc., dba Desert Tree Farm; Treeland Nurseries, Inc.; and
Whitfill Nursery, Inc., to provide various tree species and sizes as needed for the Office
of Heat Response and Mitigation within the City Manager's Office. Further request to
authorize the City Controller to disburse all funds related to this item. The total value of
the contracts will not exceed $6,000,000.
Summary
This contract will provide various species of trees conducive to local growing
conditions and in a variety of sizes as determined best for the planting location. Trees
and the associated support materials will be utilized by the Office of Heat Response
and Mitigation in association with the Residential Tree Equity Accelerator and Trees
and Shade for Schools programs in order to provide long-term cooling and thermal
comfort for a cooler, safer and healthier City for all.
Procurement Information
An Invitation for Bid procurement was processed in accordance with Administrative
Regulation 3.10.
Four vendors submitted bids deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends three vendors to fulfill the supply needs
of the Office of Heat Response and Mitigation program and award to the following
vendors:
Selected Bidders
· Canterbury Enterprises, Inc., dba Desert Tree Farm
· Treeland Nurseries, Inc.
· Whitfill Nursery, Inc.
Page 61
Contract Term
The contracts will begin on or about March 1, 2024, for a five-year term with no options
to extend.
Financial Impact
The aggregate contracts value will not exceed $6,000,000.
Funding for these contracts comes from the American Rescue Plan Act (ARPA) as well
as other grant funding from the Office of Heat Response and Mitigation.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Office of Heat
Response and Mitigation.
Page 62
Report
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Program - IFB 24-0042 - Request for Award (Ordinance S-50572)
Request to authorize the City Manager, or his designee, to enter into contracts with
Dusty Landscaping LLC and West Coast Arborists, Inc. to provide landscaping
services specifically for planting and maintaining trees at various Citywide residential
neighborhoods and school locations for the Office of Heat Response and Mitigation
within the City Manager's Office. Further request to authorize the City Controller to
disburse all funds related to this item. The total value of the contracts will not exceed
$8,000,000.
Summary
These contracts will provide professional landscape services to support tree plantings
provided by the Office of Heat Response and Mitigation. The tree planting and tree
care is done to ensure the healthy growth of the newly established trees associated
with the Residential Tree Equity Accelerator and Trees and Shade for Schools
programs in order to provide long-term cooling and thermal comfort for a cooler, safer
and healthier City for all.
Procurement Information
An Invitation for Bid procurement was conducted in accordance with Administrative
Regulation 3.10.
Two vendors submitted bids to posted specifications and determined to be responsive
and responsible to provide the required goods and services. Following an evaluation
based on price, the procurement officer recommends award to the following vendors:
Selected Bidders
Dusty Landscaping LLC
West Coast Arborists, Inc.
Contract Term
The contracts will begin on or about March 1, 2024, for a five-year term with no options
to extend.
Page 63
Financial Impact
The aggregate contracts value will not exceed $8,000,000.
Funding is from the American Rescue Plan Act as well as other funding by the Office of
Heat Response and Mitigation.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Office of Heat
Response and Mitigation.
Page 64
Report
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Parts - IFB 19-051 - Amendment (Ordinance S-50544)
Request to authorize the City Manager, or his designee, to execute amendments to
Contracts 149525 with E-Z-Go Division of Textron, Inc.; 149524 with Western
Pneumatic Tool Co.; 149523 with A & G Turf Equipment, Inc.; 149522 with Clearwater
Enterprises, Inc., dba Quality Equipment & Spray; 149528 with Horizon Distributors,
Inc.; and 149526 with Arizona Machinery, LLC, dba Stotz Equipment, to extend
contract term. Further request to authorize the City Controller to disburse all funds
related to this item. No additional funds are needed. Staff request to continue using
Ordinance S-45470.
Summary
These contracts will provide a broad range of replacement equipment, repair parts and
accessories to ensure City-owned equipment is maintained, as necessary, to ensure
proper operation at various locations.
Contract Term
Upon approval the contract will be extended through March 31, 2025, with an option to
extend through March 31, 2026.
Financial Impact
The aggregate value of the contracts will not exceed $1,182,500 and no additional
funds are needed.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Landscape, Agricultural and Field Maintenance Equipment, Accessories and Parts
Contracts 149525, 159524, 149523, 149522, 149528,149526 (Ordinance S-45470),
on March 20, 2019.
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.
Page 65
Report
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Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contracts 150872, 150873, 150874, 150875, 150881, and 150882
with True Blue Car Wash, LLC; Ultra Clean Newco, LLC, dba Ultra Clean Intermediate,
LLC; Uptown Self Serve, LLC, dba Weiss Guys Express Wash; PacWest Energy, LLC,
dba Jacksons Car Wash; Foothills Car Wash, LLC; Uptown Self Serve, LLC; and US
Metro Center, LLC, dba Ultra Suds Car Wash, for the purchase of vehicle wash
services for Citywide use. Further request to authorize the City Controller to disburse
all funds related to this item. The additional expenditures will not exceed $65,000.
Summary
These contracts provide vehicle washing services, including labor, cleaning supplies,
materials, equipment, and supervision necessary to clean City cars, trucks, sport utility
vehicles, cargo and passenger vans, and Police Department mobile command and
specialty Humvee-type vehicles. Services include automated, interior, exterior and
hand wash services. Additional funds are needed due to usage that has been higher
than anticipated.
Contract Term
The contract term remains unchanged, ending on Sept. 30, 2024.
Financial Impact
Upon approval of $65,000 in additional funds, the revised aggregate value of the
contracts will not exceed $1,030,000. Funds are available in various department
budgets.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Vehicle Wash Services Contracts 150872, 150873, 150874, 150875, 150881, and
150882 (Ordinance S-47257) on Jan. 20, 2021.
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.
Page 66
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Item text
Human Resources Committee 622 Recommendations (Ordinance S-50568)
The following amendments to the Classification Plan (Ordinance S-5815) are proposed
in accordance with the recommendation of Human Resources Committee 622, to be
effective on March 5, 2024. The proposal will also require modifications to the City’s
Pay Ordinance (S-49802), which will be processed under a separate ordinance.
Establish the classification of Program Manager, Job Code: 08600, Salary Plan: 001,
Grade/Range: 068 ($61,526 - $134,326/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt.
Reclassify the filled and vacant positions of Economic Development Program
Manager, Position #s: 00003740, 00008652, 00009839, 00018125, 00093180,
00094151, 00094847, 00094868, 00095879, 00095885, 00096926, 00097284,
00097824, 00098012, 00098283, 00098425, 00098451, 00098555, 00099126,
00000191, 00003557, 00092931, 00094568, 00095878, 00095892, 00098424,
00099093, Job Code: 08750, Salary Plan: 001, Grade/Range: 066 ($58,594 -
$127,920/annual), Labor Unit Code: 007, Benefit Category: 007, EEO-4 Category:
Professional, FLSA Status: Exempt to Job Title: Program Manager, Job Code: 08600,
Salary Plan: 001, Grade/Range: 068 ($61,526 - $134,326/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt.
Regrade the classification of Economic Development Program Manager, Job Code:
08750, Salary Plan: 001, Grade/Range: 066 ($58,594 - $127,920/annual), Labor Unit
Code: 007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status:
Exempt to Grade/Range: 069 ($63,045 - $137,592/annual).
Reclassify the filled position of Management Assistant II, Position #: 00093633, Job
Code: 05320, Salary Plan: 001, Grade/Range: 062 ($53,165 - $116,022/annual), Labor
Unit Code: 007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status:
Exempt to Job Title: Program Manager, Job Code: 08600, Grade/Range: 068 ($61,526
- $134,326/annual).
Reclassify the filled positions of Senior Arts Specialist, Position #s: 00019145 and
Page 67
00003830, Job Code: 41220, Salary Plan: 001, Grade/Range: 058 ($48,214.40 -
$105,248/annual), Labor Unit Code: 007, Benefit Category: 007, EEO-4 Category:
Professional, FLSA Status: Exempt to Job Title: Project Manager, Job Code: 08640,
Grade/Range: 067 ($60,029 - $131,040/annual).
Regrade the classification of Building Equipment Operator I, Job Code: 74650, Salary
Plan: 004, Grade/Range: 245 ($35,110 - $76,627/annual), Labor Unit Code: 002,
Benefit Category: 002, EEO-4 Category: Skilled Craft, FLSA Status: Non-exempt to
Grade/Range: 249 ($36,688 - $84,469/annual).
Regrade the classification of Building Equipment Operator II, Job Code: 74680, Salary
Plan: 004, Grade/Range: 249 ($36,688 - $84,469/annual), Labor Unit Code: 002,
Benefit Category: 002, EEO-4 Category: Skilled Craft, FLSA Status: Non-exempt to
Grade/Range: 251 ($40,643 - $88,691/annual).
Establish the assignment of Building Maintenance Worker*Plumber, Job Code: 74833,
Salary Plan: 002, Grade/Range: 149 ($36,688 - $84,469/annual), Labor Unit Code:
001, Benefit Category: 001, EEO-4 Category: Field Employees, FLSA Status: Non-
exempt.
Establish the assignment of Building Maintenance Worker*PlumberU2, Job Code:
74834, Salary Plan: 004, Grade/Range: 249 ($36,688 - $84,469/annual), Labor Unit
Code: 002, Benefit Category: 002, EEO-4 Category: Skilled Craft, FLSA Status: Non-
exempt.
Regrade the classification of Building Maintenance Foreman, Job Code: 74740, Salary
Plan: 001, Grade/Range: 051 ($40,643 - $88,691/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Non-exempt to
Grade/Range: 053 ($42,661 - $93,122/annual).
Regrade the classification of Building Equipment Supervisor, Job Code: 74700, Salary
Plan: 001, Grade/Range: 053 ($42,661 - $93,122/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Non-exempt to
Grade/Range: 055 ($44,803 - $97,781/annual).
Regrade the classification of Mechanical Engineer, Job Code: 20150, Salary Plan:
001, Grade/Range: 063 ($54,454 - $118,872/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
067 ($60,029 - $131,040/annual).
Regrade the classification of Mechanical Plans Engineer, Job Code: 23530, Salary
Page 68
Plan: 001, Grade/Range: 062 ($53,165 - $116,022/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 067 ($60,029 - $131,040/annual).
Regrade the classification of Engineering Manager, Job Code: 21150, Salary Plan:
013, Grade/Range: 832 ($102,544 - $133,307/annual), Labor Unit Code: Non-
Represented Groups, Benefit Category: 009, EEO-4 Category: Officials &
Administrators, FLSA Status: Exempt to Grade/Range: 834 ($107,432 -
$139,672/annual).
Regrade the classification of Aviation Marketing Supervisor, Job Code: 25250, Salary
Plan: 001, Grade/Range: 061 ($51,854 - $113,194/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 063 ($54,454 - $118,872/annual).
Regrade the classification of Senior Sales/Marketing Supervisor, Job Code: 27250,
Salary Plan: 001, Grade/Range: 061 ($51,854 - $113,194/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 063 ($54,454 - $118,872/annual).
Regrade the classification of Video Productions Coordinator, Job Code: 06490, Salary
Plan: 001, Grade/Range: 055 ($44,803 - $97,781/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 059 ($49,379 - $107,806/annual).
Regrade the classification of Parks Supervisor, Job Code: 40430, Salary Plan: 001,
Grade/Range: 058 ($48,214 - $105,248/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
060 ($50,627 - $110,510/annual).
Regrade the classification of Recreation Supervisor*Aquatics, Job Code: 41172,
Salary Plan: 001, Grade/Range: 060 ($50,627 - $110,510/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 061 ($51,854 - $113,194/annual).
Regrade the classification of Recreation Supervisor, Job Code: 41170, Salary Plan:
001, Grade/Range: 058 ($48,214 - $105,248/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
060 ($50,627 - $110,510/annual).
Regrade the classification of Recreation Coordinator III*Aquatics, Job Code: 41161,
Page 69
Salary Plan: 001, Grade/Range: 057 ($47,029 - $102,669/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 059 ($49,379 - $107,806/annual).
Regrade the classification of Recreation Coordinator III, Job Code: 41160, Salary Plan:
001, Grade/Range: 056 ($45,926 - $100,235/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
058 ($48,214 - $105,248/annual).
Regrade the classification of Recreation Coordinator II, Job Code: 41140, Salary Plan:
001, Grade/Range: 050 ($39,966 - $86,590/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
052 ($41,642 - $90,917/annual).
Abolish the classification of Remote Computer Terminal Operator, Job Code: 00470,
Salary Plan: 006, Grade/Range: 324 ($32,635 - $45,926/annual), Labor Unit Code:
003, Benefit Category: 003, EEO-4 Category: Admin Support, FLSA Status: Non-
exempt.
Abolish the assignment of Remote Computer Terminal Operator*CAU Lead, Job Code:
00474, Salary Plan: 006, Grade/Range: 330 ($32,635 - $53,165/annual), Labor Unit
Code: 003, Benefit Category: 003, EEO-4 Category: Admin Support, FLSA Status: Non
-exempt.
Modify the salary range of Grade 848 from $65.62 - $85.31/hourly, $136,490 -
$177,445/annual to $65.62 - $92.42/hourly, $136,490 - $192,234/annual.
Modify the salary range of Grade 846 from $59.66 - $77.55/hourly, $124,093 -
$161,304/annual to $63.59 - $84.02/hourly, $132,267 - $174,762/annual.
Modify the salary range of Grade 844 from $54.23 - $70.50/hourly, $112,798 -
$146,640/annual to $58.75 - $76.38/hourly, $122,200 - $158,870/annual.
Modify the salary range of Grade 842 from $53.41 - $69.43/hourly, $111,093 -
$144,414/annual to $55.22 - $71.78/hourly, $114,858 - $149,302/annual.
Summary
The Classification and Compensation study was implemented rapidly to address a
systemic staffing and labor market crisis throughout the City. Adjustments to grade and
salary ranges are necessary as the City adapts to the new pay structures that took
effect on Aug. 7, 2023. These recommendations balance internal alignment with
Page 70
external market focus. As a result of the changes made during the Classification and
Compensation study, staff requests that the adjustments listed above be approved.
Financial Impact
The estimated cost for this action for the first year is $112,914.
Concurrence/Previous Council Action
On Jan. 17, 2024, Human Resources Committee 622 reviewed and recommended
these modifications for approval effective on March 5, 2024.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 71
Report
Supporting documents
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Item text
Committee 622 Recommendations (Ordinance S-50575)
The following amendments to the Pay Ordinance (S-49802) are proposed in
accordance with the recommendation of Human Resources Committee 622, to be
effective on March 5, 2024. The proposal will also require modifications to the City’s
Classification Plan (Ordinance S-5815), which will be processed under a separate
ordinance.
Establish the classification of Program Manager, Job Code: 08600, Salary Plan: 001,
Grade/Range: 068 ($61,526 - $134,326/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt.
Reclassify the filled and vacant positions of Economic Development Program
Manager, Position #s: 00003740, 00008652, 00009839, 00018125, 00093180,
00094151, 00094847, 00094868, 00095879, 00095885, 00096926, 00097284,
00097824, 00098012, 00098283, 00098425, 00098451, 00098555, 00099126,
00000191, 00003557, 00092931, 00094568, 00095878, 00095892, 00098424,
00099093, Job Code: 08750, Salary Plan: 001, Grade/Range: 066 ($58,594 -
$127,920/annual), Labor Unit Code: 007, Benefit Category: 007, EEO-4 Category:
Professional, FLSA Status: Exempt to Job Title: Program Manager, Job Code: 08600,
Salary Plan: 001, Grade/Range: 068 ($61,526 - $134,326/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt.
Regrade the classification of Economic Development Program Manager, Job Code:
08750, Salary Plan: 001, Grade/Range: 066 ($58,594 - $127,920/annual), Labor Unit
Code: 007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status:
Exempt to Grade/Range: 069 ($63,045 - $137,592/annual).
Reclassify the filled position of Management Assistant II, Position #: 00093633, Job
Code: 05320, Salary Plan: 001, Grade/Range: 062 ($53,165 - $116,022/annual), Labor
Unit Code: 007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status:
Exempt to Job Title: Program Manager, Job Code: 08600, Grade/Range: 068 ($61,526
- $134,326/annual).
Page 72
Reclassify the filled positions of Senior Arts Specialist, Position #s: 00019145 and
00003830, Job Code: 41220, Salary Plan: 001, Grade/Range: 058 ($48,214.40 -
$105,248/annual), Labor Unit Code: 007, Benefit Category: 007, EEO-4 Category:
Professional, FLSA Status: Exempt to Job Title: Project Manager, Job Code: 08640,
Grade/Range: 067 ($60,029 - $131,040/annual).
Regrade the classification of Building Equipment Operator I, Job Code: 74650, Salary
Plan: 004, Grade/Range: 245 ($35,110 - $76,627/annual), Labor Unit Code: 002,
Benefit Category: 002, EEO-4 Category: Skilled Craft, FLSA Status: Non-exempt to
Grade/Range: 249 ($36,688 - $84,469/annual).
Regrade the classification of Building Equipment Operator II, Job Code: 74680, Salary
Plan: 004, Grade/Range: 249 ($36,688 - $84,469/annual), Labor Unit Code: 002,
Benefit Category: 002, EEO-4 Category: Skilled Craft, FLSA Status: Non-exempt to
Grade/Range: 251 ($40,643 - $88,691/annual).
Establish the assignment of Building Maintenance Worker*Plumber, Job Code: 74833,
Salary Plan: 002, Grade/Range: 149 ($36,688 - $84,469/annual), Labor Unit Code:
001, Benefit Category: 001, EEO-4 Category: Field Employees, FLSA Status: Non-
exempt.
Establish the assignment of Building Maintenance Worker*PlumberU2, Job Code:
74834, Salary Plan: 004, Grade/Range: 249 ($36,688 - $84,469/annual), Labor Unit
Code: 002, Benefit Category: 002, EEO-4 Category: Skilled Craft, FLSA Status: Non-
exempt.
Regrade the classification of Building Maintenance Foreman, Job Code: 74740, Salary
Plan: 001, Grade/Range: 051 ($40,643 - $88,691/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Non-exempt to
Grade/Range: 053 ($42,661 - $93,122/annual).
Regrade the classification of Building Equipment Supervisor, Job Code: 74700, Salary
Plan: 001, Grade/Range: 053 ($42,661 - $93,122/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Non-exempt to
Grade/Range: 055 ($44,803 - $97,781/annual).
Regrade the classification of Mechanical Engineer, Job Code: 20150, Salary Plan:
001, Grade/Range: 063 ($54,454 - $118,872/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
067 ($60,029 - $131,040/annual).
Page 73
Regrade the classification of Mechanical Plans Engineer, Job Code: 23530, Salary
Plan: 001, Grade/Range: 062 ($53,165 - $116,022/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 067 ($60,029 - $131,040/annual).
Regrade the classification of Engineering Manager, Job Code: 21150, Salary Plan:
013, Grade/Range: 832 ($102,544 - $133,307/annual), Labor Unit Code: Non-
Represented Groups, Benefit Category: 009, EEO-4 Category: Officials &
Administrators, FLSA Status: Exempt to Grade/Range: 834 ($107,432 -
$139,672/annual).
Regrade the classification of Aviation Marketing Supervisor, Job Code: 25250, Salary
Plan: 001, Grade/Range: 061 ($51,854 - $113,194/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 063 ($54,454 - $118,872/annual).
Regrade the classification of Senior Sales/Marketing Supervisor, Job Code: 27250,
Salary Plan: 001, Grade/Range: 061 ($51,854 - $113,194/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 063 ($54,454 - $118,872/annual).
Regrade the classification of Video Productions Coordinator, Job Code: 06490, Salary
Plan: 001, Grade/Range: 055 ($44,803 - $97,781/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 059 ($49,379 - $107,806/annual).
Regrade the classification of Parks Supervisor, Job Code: 40430, Salary Plan: 001,
Grade/Range: 058 ($48,214 - $105,248/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
060 ($50,627 - $110,510/annual).
Regrade the classification of Recreation Supervisor*Aquatics, Job Code: 41172,
Salary Plan: 001, Grade/Range: 060 ($50,627 - $110,510/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 061 ($51,854 - $113,194/annual).
Regrade the classification of Recreation Supervisor, Job Code: 41170, Salary Plan:
001, Grade/Range: 058 ($48,214 - $105,248/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
060 ($50,627 - $110,510/annual).
Page 74
Regrade the classification of Recreation Coordinator III*Aquatics, Job Code: 41161,
Salary Plan: 001, Grade/Range: 057 ($47,029 - $102,669/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to
Grade/Range: 059 ($49,379 - $107,806/annual).
Regrade the classification of Recreation Coordinator III, Job Code: 41160, Salary Plan:
001, Grade/Range: 056 ($45,926 - $100,235/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
058 ($48,214 - $105,248/annual).
Regrade the classification of Recreation Coordinator II, Job Code: 41140, Salary Plan:
001, Grade/Range: 050 ($39,966 - $86,590/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professional, FLSA Status: Exempt to Grade/Range:
052 ($41,642 - $90,917/annual).
Abolish the classification of Remote Computer Terminal Operator, Job Code: 00470,
Salary Plan: 006, Grade/Range: 324 ($32,635 - $45,926/annual), Labor Unit Code:
003, Benefit Category: 003, EEO-4 Category: Admin Support, FLSA Status: Non-
exempt.
Abolish the assignment of Remote Computer Terminal Operator*CAU Lead, Job Code:
00474, Salary Plan: 006, Grade/Range: 330 ($32,635 - $53,165/annual), Labor Unit
Code: 003, Benefit Category: 003, EEO-4 Category: Admin Support, FLSA Status: Non
-exempt.
Modify the salary range of Grade 848 from $65.62 - $85.31/hourly, $136,490 -
$177,445/annual to $65.62 - $92.42/hourly, $136,490 - $192,234/annual.
Modify the salary range of Grade 846 from $59.66 - $77.55/hourly, $124,093 -
$161,304/annual to $63.59 - $84.02/hourly, $132,267 - $174,762/annual.
Modify the salary range of Grade 844 from $54.23 - $70.50/hourly, $112,798 -
$146,640/annual to $58.75 - $76.38/hourly, $122,200 - $158,870/annual.
Modify the salary range of Grade 842 from $53.41 - $69.43/hourly, $111,093 -
$144,414/annual to $55.22 - $71.78/hourly, $114,858 - $149,302/annual.
Summary
The Classification and Compensation study was implemented rapidly to address a
systemic staffing and labor market crisis throughout the City. Adjustments to grade and
salary ranges are necessary as the City adapts to the new pay structures that took
Page 75
effect on Aug. 7, 2023. These recommendations balance internal alignment with
external market focus. As a result of the changes made during the Classification and
Compensation study, staff requests that the adjustments listed above be approved.
Financial Impact
The estimated cost for this action for the first year is $112,914.
Concurrence/Previous Council Action
On Jan. 17, 2024, Human Resources Committee 622 reviewed and recommended
these modifications for approval effective on March 5, 2024.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 76
Report
Supporting documents
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Item text
(Ordinance S-50569)
Request City Council approval of amendments to Pay Ordinance (S-49802), Section
19 - Reclassification or Grade Change in accordance with the recommendation of
Human Resources Committee 622.
Summary
On Nov. 15, 2023, Council approved a change to Section 19 of the pay ordinance to
clarify that if an employee received a grade or classification change that did not affect
their pay rate, there would be no change to their next salary review date (i.e., merit
date). That change was expected to simplify the administration of classification
changes and would have no impact on employees. After further analysis, additional
changes are proposed to further simplify this process.
The proposed changes to Section 19 of the pay ordinance will simplify the
administration of reclassification or grade changes by avoiding continued changes to
an employee’s merit date. In most cases, when an employee’s position is reclassified
or the grade is changed, there will be no impact or change to their previously
scheduled merit date. The exception will be in cases where an employee does not
have a merit date, or if they were previously at top step, but moving to a step less than
top step. In those cases, the table shown in the pay ordinance will be used to calculate
the new merit date, which is based on a sliding scale of how large the percentage of
increase was the employee received at the time of the reclassification or grade
change.
The proposed language is included in Attachment A.
Concurrence/Previous Council Action
On Jan. 17, 2024, Human Resources Committee 622 reviewed and recommended
these modifications for approval effective on March 5, 2024.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 77
ATTACHMENT A
New language to be included in the Pay Ordnance is identified in all capital letters.
Deletions are indicated by strikethrough. For convenience all amendments, including
formatting changes, are highlighted in yellow.
SECTION 19. Reclassification or Grade Change
The following rules concerning reclassifications or grade changes shall
apply to employees in impacted positions:
(a) When a position is reclassified to a classification at a different
grade, or when the classification is assigned to a different pay
grade, the affected employee shall be assigned to that step of the
new grade which corresponds to the employee's present pay rate
except that if no such rate exists, the employee shall be placed in
the closest step WITH THE CLOSEST PAY RATE which does not
result in a pay decrease. THE EMPLOYEE’S NEXT SALARY
REVIEW DATE SHALL NOT BE AFFECTED BY ADJUSTMENTS
UNDER THIS PARAGRAPH.
1. Placement in the new grade will be limited to the maximum step
in OF that grade.
2. If a position is reclassified to a classification at a different grade,
or when the classification is assigned to a different pay grade,
employees eligible to be considered for a merit pay increase
within ninety (90) calendar days after the effective date of a
reclassification or grade change shall have the calculation
described in paragraph (a) of this section based on the amount
they would have received at the next merit increase.
3. 2. Affected employees who are receiving productivity enhancement
pay shall be moved to that step of the new grade which
corresponds the closest to their combined current base pay and
previous productivity enhancement amount, and which does not
result in a decrease from that combined amount.
4. 3. When the reclassified position is changed from non-supervisory to
supervisory, and the incumbent will be responsible for supervising
higher paid subordinates, the employee shall be moved up one
additional step in the new grade. ANY APPLICABLE
CIRCUMSTANCES DESCRIBED IN SECTION 18(G) ARE NOT
AFFECTED BY THIS PARAGRAPH. The additional step shall not
be granted in the following cases: the supervisor laterally transfers
into a situation where a subordinate is higher paid; a higher paid
subordinate rotates to the supervisor's work group; a higher paid
Ordinance S-49802
Page 78
subordinate is hired after the supervisor is hired or promoted; the
subordinate is being paid higher than the salary range [Y-rated
pursuant to the provisions of Section 19(c)]; the subordinate is
higher paid due to receiving special assignment pay; or the
subordinate is higher paid due to specialized technical skills as
determined by the Human Resources Director. The applicability of
this provision shall be determined by the Human Resources
Director. This section does not apply to Middle Manager or
Executive employees.
(b) In unusual circumstances, the City Manager may permit a
reclassified employee to remain at a pay rate which is above the
maximum rate of the lower classification for a period not to exceed
two (2) years for each pay grade the classification is reduced. (This
practice is known as "Y rating.") This procedure may also be
followed in determining pay rates of employees in a classification
for which the pay grade has been reduced. Employees paid above
the maximum step rate for their classification will be moved to the
maximum step of the appropriate grade, with the salary difference
required to maintain the present rate to be entered as a payroll
adjustment for a period not to exceed two (2) years for each pay
grade the classification is reduced.
(c) IN SOME CIRCUMSTANCES, If a position is reclassified to a
classification at a different grade, or when the classification is
assigned to a different pay grade, AND THE AFFECTED
EMPLOYEE DOES NOT HAVE A NEXT SALARY REVIEW DATE
OR THE EMPLOYEE WAS PREVIOUSLY AT THE TOP STEP BUT
WILL BE MOVING TO A STEP THAT IS LOWER THAN THE TOP
STEP.; IN THESE CIRCUMSTANCES, the employee's next salary
review date shall be adjusted ESTABLISHED based on the
percentage of increase in pay the employee received at the time of
implementation as shown in the following table. If the employee has
received a merit increase during the 30 calendar days prior to the
effective date of the reclassification or grade change, or if the
employee is credited with a merit adjustment pursuant to section
(a)(2) above, the percentage of pay change for determining the next
salary review date shall be calculated from the employee's pay rate
prior to the adjustment.
Calendar Days from date of
% Change implementation to next salary
review date (NSRD)
0 NO CHANGE TO NSRD
>0 - <.5 30
.5 - < 1 60
1 - < 1.5 90
1.5 - < 2 120
2 - < 2.5 150
Ordinance S-49802
Page 79
2.5 - < 3 180
3 - < 3.5 210
3.5 - < 4 240
4 - < 4.5 270
4.5 - < 5 300
5 or more 330
(d) IN UNUSUAL CIRCUMSTANCES, AN ADJUSTMENT TO AN
EMPLOYEE’S NSRD MAY BE GRANTED UPON
RECOMMENDATION OF THE EMPLOYEE'S DEPARTMENT
HEAD AND APPROVAL BY THE HUMAN RESOURCES
DIRECTOR.
Ordinance S-49802
Page 80
Report
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Item text
Intergovernmental Agreement with the Arizona Supreme Court Administrative
Office of the Courts (Ordinance S-50548)
Request that City Council authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with the Arizona Supreme Court and Phoenix
Municipal Court for services related to digital evidence storage.
Summary
In December 2020, the Administrative Office of the Courts (AOC) entered into a
statewide contract with Thomson Reuters (AOC No. 2021-0006) to purchase Case
Center digital evidence software licenses and support services. Phoenix Municipal
Court had the opportunity to begin using Case Center in June 2022 for environmental
civil non-traffic cases. In the near future, the Court anticipates expanding the use of
this software for protective order contested hearings and remote video hearings.
The Arizona Supreme Court currently covers the cost for the Case Center licensing
and support services as long as the number of case uploads remains less than nine
percent of the Court’s overall new case volume. The Court does not expect to meet or
exceed the nine percent of new case volume even with the anticipated expansion to
additional hearing types.
Financial Impact
There is no anticipated financial impact for this agreement.
Responsible Department
The item is recommended by Chief Presiding Judge B. Don Taylor III and Deputy City
Manager John Chan.
Page 81
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Item text
(Ordinance S-50555)
Request authorization for the City Manager, or his designee, to amend Contract
159075 with Central Arizona Shelter Services, Inc. (CASS) to add $169,160 annually,
for each year of the potential maximum five-year term, in General Purpose Funds
(GPF), subject to annual budget approval, to adjust for inflation and continue to
provide emergency shelter services for people experiencing homelessness in the City
of Phoenix. The new contract total will not exceed $5,235,990. Further request
authorization for the City Controller to disburse all funds related to this item for the life
of the contract.
Summary
The City has contracted with CASS to provide emergency shelter services since July
1, 2007. CASS's facility on the Key Campus (formerly Human Services Campus)
currently serves up to 600 adult men and women. Shelter operations include security,
staffing and secured storage for personal belongings, and case management. The
shelter uses a coordinated entry access point run out of the co-located Brian Garcia
Welcome Center.
The continued coordination of services and additional GPF is critical to serving people
experiencing homelessness in the area and to regional efforts to end homelessness.
CASS is a large provider of shelter services for adults in Phoenix and Maricopa County
and is the only facility that has the capacity to serve this large number of homeless
individuals.
Contract Term
The term of the contract will remain unchanged and began on July 1, 2023, for one
year, with four one-year options to extend, which may be exercised by the City
Manager or his designee.
Financial Impact
The contract will have an annual budget of approximately $1,047,198, subject to
annual budget approval. The new total contract value of this agreement shall not
exceed $5,235,990. General Purpose funding is available in the Human Services
Page 82
Department Office of Homeless Solutions' budget, subject to annual budget approval.
Concurrence/Previous Council Action
On June 14, 2023, the City Council approved Contract 159075 with Ordinance S-
49849.
Location
Key Campus (formerly Human Services Campus)
Council District: 7
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 83
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Item text
and CDBG-CV Funding with HOME-ARP Funding (Ordinance S-50574)
Request to authorize the City Manager, or his designee, to amend the funding of
Contract 159053 with UMOM New Day Center from Community Development Block
Grant (CDBG) entitlement and Community Development Block Grant Coronavirus Aid,
Relief, and Economic Security Act (CDBG-CV) with the U.S. Department of Housing
and Urban Development HOME Investment Partnerships Program American Rescue
Plan Act of 2021 (HOME-ARP) funds. Authorization is also requested for the City
Controller to disburse all HOME-ARP funds for the life of this contract. There is no
impact to the General Fund.
Summary
On Nov. 16, 2022, the City Council approved entering into a contract with UMOM for
the redesign, remodeling, and repurposing of an existing building on the UMOM
campus.The project will expand the number of family shelter units, creating a total of
196 units on the campus. The City's grant funds addresses the rehabilitation
expenditure needs.
CDBG and CDBG-CV funds were initially identified, however, the utilization of HOME-
ARP balances the City’s federal resources to address homelessness. The change in
funding will have no impact on the project’s budget of up to $2 million nor on its
schedule, which is expected to begin in 2024. Payments may be made up to
agreement limits, which may extend past the agreement termination.
Financial Impact
The total contract value will remain unchanged and will not exceed $2 million. HOME-
ARP funding is available in the Housing Department's Capital Improvement Program
budget. HOME-ARP is a federally funded program. There is no impact to the General
Fund.
Concurrence/Previous Council Action
On Nov. 16, 2022, the City Council approved entering into a contract with UMOM to
expand family emergency shelter services through Ordinance S-49187.
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Location
3333 E. Van Buren St.
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Housing and
Neighborhood Services departments.
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Report
Supporting documents
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Item text
(Ordinance S-50557)
Request to authorize the City Manager, or his designee, to enter into a contract with
SiteOne Landscape Supply, LLC for the purchase of Calsense brand irrigation parts
and supplies for the Parks and Recreation and Aviation departments. Further request
to authorize the City Controller to disburse all funds related to this item. The total value
of the contract will not exceed $1,135,000.
Summary
This contract will provide Calsense irrigation parts, supplies and landscaping
communication services on an as-needed basis, for the ongoing maintenance and
repairs of landscape areas at all Parks and Recreation Department locations.
The Landscape Maintenance Section of the Facilities and Services Division is
responsible for all irrigation control systems at Phoenix Sky Harbor International
Airport, Deer Valley Airport and Goodyear Airport. These services allow the systems to
maintain current technological standards in order to achieve both efficiencies and cost
savings for the Aviation Department.
Procurement Information
An Invitation for Bid was processed in accordance with City of Phoenix Administrative
Regulation 3.10.
One vendor submitted a bid deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following review of the
submittal based on price, the procurement officer recommends award to the following
vendor:
SiteOne Landscape Supply, LLC
Contract Term
The contract will begin on or about Jan. 1, 2024, for a five-year term with no options to
extend.
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Financial Impact
The aggregate contract value will not exceed $1,135,000.
Funding is available in the Parks and Recreation and Aviation departments' operating
budgets.
Responsible Department
This item is submitted by Deputy City Managers Inger Erickson and Mario Paniagua,
and the Parks and Recreation and Aviation departments.
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Report
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Item text
(Ordinance S-50564)
Request to authorize the City Manager, or his designee, to enter into a contract with
Hills Brothers Chemical Company to provide bulk pool chemicals for the Parks and
Recreation Department. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contract will not exceed $1.75 million.
Summary
The Parks and Recreation Department manages 29 aquatic facilities which utilize bulk
feed systems for pool treatment chemicals. This contract will provide both the
necessary chemicals, primarily sodium hypochlorite and muriatic acid. In addition, the
selected contractor will also service and monitor the chemical levels in the storage
tanks at each facility and ensure they are filled as-needed throughout the swimming
season. The contract is necessary to protect the health and safety of the public who
utilize these facilities.
Procurement Information
An Invitation for Bid solicitation was completed in accordance with City of Phoenix
Administrative Regulation 3.10.
Two vendors submitted bids deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendors:
Selected Bidders
Hills Brothers Chemical Co: $685,739.20
Leslie's Poolmart Inc: $901,371.60
Contract Term
The contract will begin on or about Feb. 1, 2024, for a five-year term with two, one-
year options to extend.
Financial Impact
The aggregate contract value will not exceed $1.75 million.
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Funding is available in the Parks and Recreation Department Operating budget.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.
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Report
Supporting documents
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Item text
Request to authorize the City Manager, or his designee, to pay membership dues to
the Global Chamber for the three-year period of 2024 - 2026 (calendar years 2024,
2025 and 2026) in the amount of $7,000 annually, for a total aggregate amount not to
exceed $21,000. Further request to authorize the City Controller to disburse funds
related to this item. Funding is available in the Community and Economic Development
Department's budget.
Summary
The City of Phoenix joined the Global Chamber in 2019 and renewed its one-year
membership in 2021. Headquartered in Phoenix, the Global Chamber has 12,000
members worldwide, representing the private sector, local government, economic
development organizations, colleges and universities, and trade organizations.
Over the past three years, City of Phoenix elected officials and economic development
staff have participated in Semiconductor Summits (2021 and 2022), a Women in
Global Leadership conference, and the International State of the Metro organized by
the Global Chamber. Previously, the City of Phoenix worked with the Chamber to
present the "Export League" - a program providing Phoenix-based exporters with
introductions to companies potentially interested in doing business with them, special
education opportunities and connections to regional exporting resources. As a
member, the City of Phoenix was spotlighted at the Chamber's Grow Globally Fair.
The Global Chamber has also facilitated introductions to individual companies
interested in possibly locating in Phoenix. Two successful locates include ZorroSign,
Inc. (from Dubai) and Paypro (from Argentina).
The Global Chamber has proposed the following collaborations for the 2024
membership year:
- Spotlight a Phoenix-based firm at the Chamber's Innovation Summit in January;
- Promote the Phoenix Global Forum (May 2, 2024) to potential sponsors among the
Chamber's global members;
- Invite a City of Phoenix elected official to speak at the 3rd Annual Global
Semiconductor Summit on Feb. 23, 2024;
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- Implement a 2024 Export League with a focus on Phoenix-based companies;
- Collaborate on Global Chamber events including Women in Global Leadership, Grow
Globally Fair, and International State of the Metro 2024; and,
- Provide introductions to companies among the Global Chamber's membership
interested in locating in Phoenix.
If approved, the City's membership will be valid through December 2026.
Financial Impact
Annual membership is $7,000, for a total aggregate amount not to exceed $21,000
over the course of three years. Funds are available in the Community and Economic
Development Department's budget.
Concurrence/Previous Council Action
The Economic Development and Housing Subcommittee recommended approval of
this request on Jan. 10, 2024, by a vote of 4-0.
Responsible Department
This item is submitted by Deputy City Manager John Chan and the Community and
Economic Development Department.
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Report
Supporting documents
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Item text
Request to amend Resolution 17093 to modify the boundaries of the Phoenix Central
Business District (CBD).
Summary
The City of Phoenix original CBD was established on Dec. 28, 1961. This original area
was approximately 30 blocks in the City Center and was subsequently expanded in
1987 through Resolution 17093 to include just over two square miles of downtown (
Attachment A). In 1993, a second CBD was established for part of the Sky Harbor
Center Redevelopment Area to assist with the redevelopment of the areas south and
west of Phoenix Sky Harbor International Airport. The Sky Harbor CBD was expanded
in 1993, 1996 and then 2003. The purpose of creating a CBD was to establish a
“Phoenix Tax Incentive District” to encourage private investment in the construction of
substantial new improvements.
In 2018, the Arizona Legislature modified the Arizona Revised Statutes (A.R.S.)
requirements for a CBD, making several changes that impacted how Arizona cities
could establish the boundaries for a CBD. The modifications included a restriction on
the size of a CBD, limiting areas to not more than two-and-one-half percent of that total
land area of the municipality. In Phoenix this is just over 12 square miles. Additionally,
the CBD must be contiguous and geographically compact with a form that has a length
that is not twice its width. Despite legislative changes, the existing CBD boundary of
Phoenix is grandfathered in and remains in its approved form, with the exception of the
second CBD near Phoenix Sky Harbor Airport which has remained inactive since
2018. Modification of the CBD is possible; however, the new boundary for the CBD
would need to comply with the modified requirements regarding the size and shape of
the district boundary.
The proposed modifications to the CBD would be to expand the boundary to be
generally from Thomas Road on the north to one half block south of Broadway Road
on the south and the 23rd Avenue alignment on the west to 7th Street on the east. The
boundaries are more specifically shown in Attachment B. The proposed updated
boundary complies with the modified requirements in state law and will provide new
opportunities for redevelopment in the updated Downtown Redevelopment Area, the
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Rio Salado Redevelopment Area and the Target Area B Redevelopment Area.
Concurrence/Previous Council Action
Updates on the Phoenix Central Business District were presented to the Economic
Development and Equity Subcommittee on Feb. 22, 2023 and June 14, 2023. On June
28, 2023, staff presented a modified proposal for recommendation to Economic
Development and Equity Subcommittee and the item was approved by a vote of 4-0.
Public Outreach
Staff presented to the Phoenix Community Alliance Public Affairs Committee on Jan. 9,
2024, the Phoenix Community Alliance Social & Housing Advancement Committee on
Jan. 11, 2024, and the Downtown Voices Coalition on Jan. 13, 2024. Presentations
were also offered to the Central City and Encanto village planning committees.
Location
Boundaries of the updated Central Business District are generally Thomas Road on
the north and Broadway Road on the south, 23rd Avenue on the west and 7th Street
on the east.
Council Districts: 4, 7 and 8
Responsible Department
This item is submitted by Deputy City Manager John Chan and the Community and
Economic Development Department.
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ATTACHMENT A
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Atachment B
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Report
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Item text
Arizona State University for the Development of the Health Solutions Center at
the Phoenix Bioscience Core (Ordinance S-50542)
Request to authorize the City Manager, or his designee, to amend the
Intergovernmental Agreement (IGA) with Arizona State University (ASU) to extend and
modify certain business terms and to enter into other agreements as necessary. There
is no impact to the General Fund as a result of this action. Further request to authorize
the City Treasurer to accept funds associated with this request.
Summary
On May 10, 2016, City Council authorized an IGA (City Contract 142599) with ASU for
the development of approximately 1.5 million square feet of biomedical facilities at the
Phoenix Bioscience Core (PBC). Subsequently, the City and ASU entered into a
ground lease (City Contract 149060) for Phase 1 of the Health Solutions Center, now
called 850 PBC, which completed construction in December 2020. Since the original
agreement was envisioned, the campus and development collaborations have grown.
As a result of the growth the parties have a better understanding of how changing
market conditions impact development of future phases and certain contract terms are
no longer in the best interest of the parties or the PBC.
As it exists today, the IGA includes very strict development timelines that do not allow
enough time between phases to complete stabilization of the prior phase while
completing design and financing of the next. Specifically, the IGA states that ASU shall,
within 180 days of receiving the certificate of occupancy for the prior phase, issue a
notification exercising its option to develop the next phase of the development and
must complete the design and construction of the subsequent phase no later than 30
months following the prior phase completion. This amendment will replace the existing
timeline requirements in regards to Phase 2 with updated timing as follows:
· Option to lease the Phase 2 parcel shall be exercised by ASU on or before July 31,
2024.
· ASU and the City shall use commercially reasonable efforts to enter into the
subsequent phase lease for Phase 2 on or before Oct. 31, 2024, no later than Oct.
31, 2025.
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· Completion of subsequent phase shall occur no later than 30 months from
execution of subsequent phase lease.
In addition, a need to locate a temporary building for an MRI machine has been
identified. This new MRI will allow the continued advancement of new research
opportunities throughout the campus. Upon completion of the Phase 2 building, the
MRI will move to a permanent location and the temporary building will be removed. To
facilitate the temporary building, this amendment shall also modify the Temporary
Surface Parking Provision as follows:
· The temporary surface parking area may be utilized for other temporary structures
that support the function and business of the PBC.
· The rental rate for any temporary structure shall be one dollar and eighty-five cents
($1.85) per square foot of land.
Financial Impact
There is no impact to the General Fund as a result of this action.
Concurrence/Previous Council Action
· Contract 142599 (Ordinance S-41736) on May 19, 2015;
· Amendment to Contract 142599 (Ordinance S-43332) on March 22, 2017; and
· Amendment to Contract 142599 (Ordinance S-49043) on Oct. 12, 2022.
Location
Approximately four blocks bounded by 4th and 6th streets and Garfield and Fillmore
streets.
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager John Chan and the Community and
Economic Development Department.
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Report
Supporting documents
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Item text
Institute Amendment (Ordinance S-50545)
Request to authorize the City Manager, or his designee, to enter a temporary parking
license agreement with the Translational Genomics Research Institute (TGen) for
temporary parking staging needs. Further request to authorize the City Treasurer to
accept all necessary funds related to this item. There is no impact to the General Fund
as a result of this action.
Summary
The Community and Economic Development Department (CEDD) manages the
property at the southwest corner of Fillmore and 7th streets currently developed as a
surface parking lot. The property does not have a dedicated parking use, but is
occasionally used to support development activities in the Phoenix Biosciences Core.
In June 2023, City Council authorized a temporary parking license agreement with
TGen for the temporary parking of a mobile testing unit, MindCrowd. The mobile unit
utilizes online 'games' to assess brain health and insights for brain diseases, including
Alzheimer's disease. Due to the success of the program, TGen has extended the
program's time frame. The mobile testing unit is expected to require up to seven
parking spaces.
Contract Term
The term of the license will be one month, with month-to-month extensions at the
City's sole discretion. There is no limit to the number of extensions the City may
authorize.
Financial Impact
The license fee will be based on market rent and/or other valuable consideration, and
any fees received will be deposited into the City's Genomic Facilities and Operations
Fund. The current monthly parking rate is $47 per space per month.
Concurrence/Previous Council Action
S-49988) on June 28, 2023.
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Location
Southwest corner of Fillmore and 7th streets
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager John Chan and the Community and
Economic Development Department.
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Report
Supporting documents
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Item text
Facility Access and Usage of the Phoenix Regional Police Academy (Ordinance
S-50571)
Request retroactive authorization for the City Manager, or his designee, to allow the
Police Department to enter into an agreement with the Department of Public Safety
(DPS), to have access and usage of the Phoenix Regional Police Academy (PRPA).
Summary
The DPS seeks to use the PRPA for scheduled events such as driver training, training
at the tactical training village, physical fitness activities, usage of onsite gym, training
involving defensive tactics, firearms training and classrooms. Allowing DPS access to
the PRPA will foster mutual collaboration between DPS and the Phoenix Police
Department. The benefits of mutual collaboration include sharing resources and
expertise regarding the various training programs held at the PRPA. The agencies can
enhance their effectiveness with the training of recruits and sworn officers. Denying
DPS access to the PRPA may prevent the two agencies from taking advantage of each
other’s training expertise, skills, and resources.
Contract Term
The agreement shall be in effect retroactive as of Nov. 14, 2023 for period of one year.
Financial Impact
There will be no financial impact for this agreement.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
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Report
Supporting documents
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Item text
Trafficking Grant (Ordinance S-50566)
Request to authorize the City Manager, or his designee, to allow the Police
Department to apply for, accept, and enter into an agreement with the Arizona
Department of Public Safety (DPS) for the Anti-Human Trafficking Grant. The grant
amount is not to exceed $500,000. No matching funds are required.
Summary
The Police Department wants to apply for the DPS Anti-Human Trafficking Grant.
The purpose of this grant is to provide resources to law enforcement agencies to
enhance services and programs that reduce human trafficking. The grant funding
will provide support to law enforcement agencies by providing resources for
personnel, equipment, supplies and training to combat human trafficking.
The primary goal of the Police Department’s HEAT Unit is to disrupt human
trafficking activity in the Phoenix metropolitan area at its root cause, and firmly
believe human traffickers are primarily responsible for this activity. This funding
would assist in investigations that would aim to identify, target, and successfully
prosecute human traffickers in a manner that would prevent them from recruiting
and victimizing any other individuals. The HEAT Unit will work with the Advocacy
Center to connect victims with their holistic, victim-centered, trauma-informed
services and the victim advocate who is embedded with the unit.
The grant application is due on May 1, 2024. If approved, the Police Department
will move forward with submitting our application.
Contract Term
The contract term of one-year beginning July 1, 2024, to June 30, 2025.
Financial Impact
No matching funds are required.
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Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police
Department.
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Report
Supporting documents
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Item text
Prosecution, Diversion and Testing Grant (Ordinance S-50567)
Request to authorize the City Manager, or his designee, to allow the Police
Department to apply for, accept, and enter into an agreement with the Arizona
Department of Public Safety (DPS) for the Fentanyl Prosecution, Diversion and
Testing Grant. The grant funds are available on a first-come, first-served basis. No
matching funds are required.
Summary
The Police Department wants to apply for the DPS Fentanyl Prosecution, Diversion
and Testing Grant. The purpose of this grant is to provide reimbursement to law
enforcement agencies for costs associated with investigations, testing, and
prosecution or diversion of fentanyl related crimes. The Drug Enforcement Bureau
Street Enforcement Unit (SEU) would utilize the Fentanyl Prosecution, Diversion
and Testing Grant to facilitate the Police Department’s detectives fentanyl trafficking
investigations. These investigations would aim to identify, target, and successfully
prosecute fentanyl traffickers in a manner that would prevent them from victimizing
any other individuals. In the process of targeting fentanyl traffickers, SEU will
identify, locate, and arrest subjects trafficking in fentanyl.
Grant applications will be accepted until the $3,000,000 is depleted or June 30,
2024. If approved, the Police Department will move forward with submitting our
application.
Contract Term
The contract term will be for one year from the date of approved award.
Financial Impact
No matching funds are required.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police
Department.
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Report
Supporting documents
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Item text
Commercial Use Permit Requirements at Phoenix Sky Harbor International
Airport (Ordinance G-7221)
Request
Request to authorize the City Manager, or his designee, to amend City Code to
establish an ordinance for the Peer-to-Peer Car Sharing Program that includes a fee
for shared vehicle transactions as authorized under Arizona Revised Statutes (A.R.S.)
28-9614, and to revise Phoenix City Code - Chapter 4 Aviation - sections 4-1, 4-190
and 4-192 to modernize, strengthen, and clarify the ordinance related to Commercial
Use Permits.
Summary
Peer-to-Peer Car Sharing
On April 9, 2021, Arizona Senate Bill 1720 (SB 1720) was signed into law to allow peer
-to-peer car sharing, which allows vehicle sharing operators and their shared vehicle
owners to use certain Phoenix Sky Harbor International Airport (PHX) facilities when
conducting operations that provide vehicle sharing services for the convenience of the
public at PHX. Per A.R.S. Section 28-9601(7)(a), peer-to-peer car sharing means "the
authorized use of a shared vehicle by an individual other than the shared vehicle
owner through a peer-to-peer car sharing program." The Aviation Department entered
into a temporary license agreement with peer-to-peer car sharing companies to pilot
the program at PHX. Establishing an ordinance in the City Code for peer-to-peer
vehicle sharing operations will effectively allow peer-to-peer vehicle sharing
businesses to continue to operate at PHX by requiring them to have an operating
agreement with PHX. These operating agreements may establish operating fees for
shared vehicle transactions that will allow the Aviation Department to collect revenue
from these operations.
Commercial Use Permit Program
During a recent City audit of the Commercial Use Permit (CUP), several areas were
identified that required updating to be consistent with Aviation Rules & Regulations and
clarify business operations. The following recommended updates will modernize,
strengthen, and clarify the ordinance governing CUP program:
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- Section 4-1. Definitions
- Section 4-190. Commercial use permit requirements; effective date; applicability.
- Section 4-192. Commercial use permit fees.
Section 4-1. Definitions
To expand the definition of “Air carrier” to include consortiums of Air carriers.
Current Language:
"Air carrier" means a person who is certificated by the Federal Aviation Administration
to engage in air transportation directly by lease or by other arrangement.
Proposed Language:
"Air carrier" means a person who is certificated by the Federal Aviation Administration
to engage in air transportation directly by lease or by other arrangement. For purposes
of this Chapter, a consortium of Air carriers will be treated as an Air carrier.
Section 4-1. Definitions
To define “Affiliate” to harmonize with Aviation Rules & Regulations 10-01.
Current Language:
None
Proposed Language:
“Affiliate” means (a) any Air carrier flying in or out of the Airport solely for the benefit of
another Air carrier, under the livery of that Air carrier, and under contract to that Air
carrier, or if flying under its own livery, is not selling any seats in its own name and all
seats are being sold in the name of the Air carrier that Affiliate is under contract to, or
(b) a wholly owned subsidiary of Air carrier or a subsidiary of the same corporate
parent of the Air carrier. An Affiliate shall be considered an agent of the Air carrier for
which it flies. Any Air carrier that flies under its own livery and sells seats in its own
name shall not be classified as an Affiliate.
Section 4-1. Definitions
To define “Courier Type Service” to exclude baggage delivery companies from CUP
Fee exemption.
Current Language:
None
Proposed Language:
Courier Type Service” means a person or company that delivers goods, packages,
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messages, letters, documents, parcels, or consignments to the airport premises. For
purposes of this Chapter, Courier Type Services do not apply to the delivery of an
airlines’ mishandled luggage or packages from the airport premises to its passenger
(s).
Section 4-190. Commercial use permit requirements; effective date; applicability.
To amend Section 4-190 to exempt services provided to or by Affiliates from CUP
requirements.
Current Language:
A. Individuals or companies who provide an aviation related service(s) to or for a
certificated Part 121 and/or Part 135 Air carrier shall be required to obtain a
commercial use permit (CUP) authorizing their commercial activity on or from the
airport premises; except, a CUP shall not be required for:
1. Commercial activities authorized under terms of an existing Aviation Department
lease or license. Air carriers will not be required to obtain a CUP for providing
services to or carriers with whom they are sharing a gate. Air carriers will be
required to obtain a CUP for providing services to all other carriers.
2. Deliveries of a product to the airport premises or courier type services.
3. Contractors performing work under a tenant improvement contract.
B. Applicability. The provisions of this Article shall not be in conflict with or in
derogation of the minimum standards and agreements for fixed base operators.
C. Exclusion. The provisions of this Article shall not apply to, or supersede, the
provisions of section 4-6 of this chapter. (Ordinance G-4116, § 2, 1998)
Proposed Language:
A. Individuals or companies who provide an aviation related service(s) to or for a
certificated Part 121 and/or Part 135 Air carrier shall be required to obtain a
commercial use permit (CUP) authorizing their commercial activity on or from the
airport premises; except, a CUP shall not be required for:
1. Commercial activities authorized under terms of an existing Aviation Department
lease or license. Air carriers will not be required to obtain a CUP for providing
services to Affiliates or carriers with whom they are sharing a gate. Air carriers
will be required to obtain a CUP for providing services to all other carriers.
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2. Affiliates of the Air carrier for whom the services are being provided.
3. Deliveries of a product to the airport premises or courier type services.
4. Contractors performing work under a tenant improvement contract.
B. Applicability. The provisions of this Article shall not be in conflict with or in
derogation of the minimum standards and agreements for fixed base operators.
C. Exclusion. The provisions of this Article shall not apply to, or supersede, the
provisions of section 4-6 of this chapter. (Ordinance G-4116, § 2, 1998)
Section 4-192. Commercial use permit fees.
To require CUP permit holders to provide copies of invoices to substantiate the CUP
fees being reported.
Current Language:
A. The fee for CUP activities and operations on or from the airport, is eight percent of
gross revenue, as defined in the CUP.
B. The fee provided in subsection (A) shall be paid on a monthly basis and shall be
due and payable at the place and time that the Aviation Director shall designate.
C. Delinquent account fees shall be assessed in accordance with section 4-7 of the
Phoenix City Code. (Ordinance G-4116, § 2, 1998)
Proposed Language:
A. The fee for CUP activities and operations on or from the airport, is eight percent of
gross revenue, as defined in the CUP.
B. Reporting and payment of the fee provided in subsection (A) shall be substantiated
with copies of associated invoices and paid on a monthly basis and shall be due and
payable at the place and time that the Aviation Director shall designate.
C. Delinquent account fees shall be assessed in accordance with section 4-7 of the
Phoenix City Code. (Ordinance G-4116, § 2, 1998)
Concurrence/Previous Council Action
The Transportation, Infrastructure, and Planning Subcommittee recommended
approval of this item on Jan. 31, 2024 by a vote of 4-0.
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Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Council District: 8
Public Outreach
On Nov. 1, 2023, a 60-day notice to the public was published for the Peer-to-Peer
Code Revision. On Dec. 15, 2023, a 15-day notice to the public was published for the
Peer-to-Peer Code Revision.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
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Report
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Item text
for Award (Ordinance S-50535)
Request to authorize the City Manager, or his designee, to enter into three separate
contracts with ABM Aviation, Inc., 3H & 3H, Inc., and JanCo FS 3, LLC doing business
as Velociti Services to provide custodial and floor care services at Phoenix Sky Harbor
International Airport, Phoenix Deer Valley Airport, and Phoenix Goodyear Airport
(Airports) in a combined amount up to $224 million for the seven-year total contract
term. Further request to authorize the City Controller to disburse all funds related to
this item.
Summary
On May 31, 2023, the Phoenix City Council authorized the issuance of a Request for
Proposal (RFP) for three contracting opportunities under the Airport Custodial and
Floor Care Services RFP, large company, small company, and floor care services
categories. The small company category opportunity was reserved for small
businesses, including local small businesses with gross income less than $22 million
over the past three years, pursuant to the Small Business Administration's guidelines.
The contracts will provide staff, equipment, supplies, and supervision necessary to
furnish custodial cleaning and floor care services for the Airports. Each contract
opportunity will include an Employee Retention Policy, which will require the successful
proposer to retain current custodial services contract employees for at least 90 days.
Procurement Information
A Request for Proposal (RFP) AVN RFP 23-032 was processed in accordance with
for the following three Groups under the RFP. All proposals were reviewed for
minimum qualifications and responsiveness and seven proposals were deemed non-
responsive.
· Group A - Large Company Custodial Services
· Group B - Small Company Custodial Services
· Group C - Floor Care Services (Large Company)
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A four-member evaluation committee evaluated those proposals based on the
following five criteria with a maximum possible point total of 1,000:
· Operations Plan: 0-300 Points
· Qualifications/Experience: 0-225 Points
· Quality Assurance and Work Order Management Program: 0-200 Points
· Recruitment and Retention Plan: 0-175 Points
· Pricing: 0-100 Points
After reaching consensus for all three Groups, the evaluation committee recommends
awards to the following vendors:
Group A - Large Company Custodial Services:
ABM Aviation, Inc. - 855.23 Points.
Group B - Small Company Custodial Services:
3H & 3H, Inc. - 841.26 Points.
Group C - Floor Care Services (Large Company):
JanCo FS 3, LLC doing business as Velociti Services - 788.23 Points.
Contract Term
The contracts will begin on or about April 1, 2024, for a five-year term with two one-
year extension options for a total seven-year contract, which shall be exercised at the
sole discretion of the Aviation Director.
Financial Impact
The total combined contract value will be up to $224 million for the aggregate seven-
year contract term.
Funding is available in the Aviation Department's budgets.
Concurrence/Previous Council Action
The Business and Development Subcommittee recommended approval of this item on
Nov. 2, 2023, by a vote of 3-0.
The Phoenix Aviation Advisory Board recommended approval of this item on Nov. 16,
2023, by a vote of 6-0.
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The Transportation, Infrastructure and Planning Subcommittee recommended approval
of this item on Jan. 31, 2024, by a vote of 4-0.
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Phoenix Deer Valley Airport, 702 W. Deer Valley Road
Goodyear Airport, 1658 S. Litchfield Road, Goodyear, Ariz.
Council Districts: 1, 8, and Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 111
Report
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Item text
for Award (Ordinance S-50537)
Request to authorize the City Manager, or his designee, to enter into contracts with SI
Partners, Inc. and Unison Consulting, Inc. to provide airport concessions consulting
services at Phoenix Sky Harbor International Airport. Further request to authorize the
City Controller to disburse all funds related to this item. The total combined value of
the contracts will be up to $750,000.
Summary
The consulting firms will provide airport concessions consulting services by utilizing
their expertise with industry trends and financial analytics to enhance the overall
concessions program at Phoenix Sky Harbor International Airport.
Procurement Information
A Request for Proposal was processed in accordance with City of Phoenix
Administrative Regulation 3.10.
The same five vendors submitted proposals for both Group A - Concession Analytics
and Financial Studies and for Group B - Business Programming and Concession
Trends, and all five were deemed responsive and responsible for both Groups. An
evaluation committee of City staff evaluated those offers based on the following criteria
with a maximum possible point total of 1,000 for each Group:
Qualifications and Experience of the Primary Consultant: 0-350 Points
Method of Approach: 0-325 Points
Qualifications and Experience of Proposer: 0-200 Points
Fee Schedule: 0-125 Points
After reaching consensus, the evaluation committee recommends contract awards to
the following vendors:
Group A - Concession Analytics and Financial Studies - SI Partners, Inc., 875 Points
Group B - Business Programming and Concession Trends - Unison Consulting, Inc.,
930 Points
Page 112
Contract Term
The contracts will begin on or about Feb. 1, 2024, for a three-year term with two one-
year options to extend, at the sole discretion of the Aviation Director, for a five-year
contract term.
Financial Impact
The total combined contract value will be up to $750,000 for the five-year term.
Funding is available in the Aviation Department Operating budget.
Concurrence/Previous Council Action
The Business and Development Subcommittee recommended approval of the item on
Dec. 7, 2023, by a vote of 2-0.
The Phoenix Aviation Advisory Board recommended approval of the item on Dec. 21,
2023, by a vote of 8-0.
The Transportation, Infrastructure, and Planning Subcommittee recommended
approval of the item on Jan. 31, 2024, by a vote of 4-0.
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 113
Report
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Item text
S-50532)
Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 149383 with Kind Electric, LLC (Kind Electric) to extend the contract term for
up to six months. Further request to authorize the City Controller to disburse all funds
related to this item. No additional funds are needed.
Summary
This contract allows electrical labor, materials, supplies, equipment and preventative
maintenance services to be provided to the Aviation, Phoenix Convention Center and
Water Services departments. The amendment and extension of this Contract will allow
the Aviation, Phoenix Convention Center and Water Services departments to continue
receiving these critical services while allowing time to complete a new solicitation
without a lapse in services.
Contract Term
Upon approval, the Contract may be extended on a month-to-month basis for up to six
months.
Financial Impact
The value of the Contract is up to $2,822,000 and no additional funds are needed.
Concurrence/Previous Council Action
The City Council previously approved this request as follows:
· Contract Award: Contract 149382 (Performance Electric) and Contract 149383
(H&B Electric, Inc.) (Ordinance S-45380) on Feb. 20, 2019.
· Contract Amendment: Assign Contract 149383 (Ordinance S-50180) from H&B
Electric, Inc. to Kind Electric on Sept. 20, 2023.
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Phoenix Deer Valley Airport, 702 W. Deer Valley Road
Phoenix Goodyear Airport, 1658 S. Litchfield Road, Goodyear, Ariz.
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Phoenix Convention Center, 100 N. 3rd St.
Various locations within the Water Services Department.
Council Districts: 1, 7, 8, and Out of City
Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua, Ginger Spencer and
John Chan, and the Aviation, Phoenix Convention Center and Water Services
departments.
Page 115
Report
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Item text
Equipment/Controls, Maintenance, Repair and Installation Services Contract -
RFP 23-0138 - Request for Award (Ordinance S-50538)
Request to authorize the City Manager, or his designee, to enter into contracts with
Climatec, LLC and Mesa Energy Systems, Inc., dba EMCOR Services Arizona to
provide heating, ventilation, air conditioning and refrigeration systems (HVACR) for the
Aviation Department. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of these contracts will be up to $15,008,000.
Summary
The contracts will provide all HVACR components, equipment, controls, maintenance,
repair, and installation services at the Phoenix Sky Harbor, Deer Valley, and Phoenix
Goodyear Airports. The two contracting opportunities solicited in the RFP as Group I
and Group II, will establish full-service maintenance of all three airports' HVACR
systems, related equipment, controls, water treatment equipment, and Building
Automation Systems (BAS), to ensure the equipment operates at peak efficiency and
optimal energy/water efficiency 24 hours a day, all year round.
Group I - HVACR Controls
Will provide all the necessary materials, labor, and equipment, to perform point-to-point
testing and inspections for the central plant equipment, BAS and other HVACR related
equipment, to ensure the controls operate at peak efficiency.
Group II - HVACR Mechanical
Will provide all the required equipment, tools, and labor, necessary to perform
predictive and preventative maintenance on Central Plants' HVACR equipment and
HVACR water treatment equipment, to ensure optimal energy/water efficiency.
The Aviation Department currently utilizes two contractors for the maintenance of the
multiple central plants and HVACR related equipment operating at all three airports.
Both contracts will expire on March 31, 2024.
Procurement Information
A Request for Proposal was processed in accordance with City of Phoenix
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Administrative Regulation 3.10.
Two vendors submitted proposals deemed responsive and responsible for Group I and
one vendor submitted a proposal deemed responsive and responsible for Group II. An
evaluation committee of City staff evaluated those offers based on the following criteria
with a maximum possible point total of 1,000:
Method of Approach to Scope of Services (0-350 points)
Qualifications and Experience of Key Personnel (0-300 points)
Firm Qualifications and Experience (0-200 points)
Fee Schedule (0-150 points)
After reaching consensus, the evaluation committee recommends award to the
following vendors:
Group I
Climatec, LLC, 900 points
Group II
Mesa Energy Systems, Inc., dba EMCOR Services Arizona, 905 points
Contract Term
The contracts will begin on or about April 1, 2024, for a five-year term with two one-
year options to extend for a total seven-year contract term, at the sole discretion of the
Director of Aviation Services.
Financial Impact
The total combined contract values will be up to $15,008,000, for the total seven-year
contract term.
Funding is available in the Aviation Department Operating budget.
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road.
Phoenix Deer Valley Airport, 702 W. Deer Valley Road.
Goodyear Airport, 1658 S. Litchfield Road, Goodyear, Ariz.
Council Districts: 1, 8, and Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 117
Report
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Item text
Award (Ordinance S-50552)
Request to authorize the City Manager, or his designee, to enter into contracts with
Lavi Industries, LLC; Tensator, Inc.; and Visiontron Corp. to provide queuing
equipment such as stanchions and accessories for the Aviation Department. Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of these contracts will be up to $400,000.
Summary
These contracts will provide queuing equipment and accessories such as stanchions,
belts, bases, signage, and accessories to manage terminal queuing at Phoenix Sky
Harbor International Airport (PHX) in a safe and orderly manner. These queuing
equipment contracts will allow PHX staff to purchase needed materials for managing
crowd control within the terminals while also meeting the Americans with Disabilities
Act requirements, increasing efficiency, and providing a safer experience for the
traveling public.
Procurement Information
A Request for Qualifications procurement was processed in accordance with
Administrative Regulation 3.10 to establish a Qualified Vendor List (QVL).
Three offerors submitted qualifications and were deemed to be responsive and
responsible. An evaluation committee of City staff evaluated those offers based on the
following minimum qualifications:
· Business Experience
· Delivery Capacity
The following offerors met the minimum qualification criteria and are being
recommended for placement on the QVL:
· Lavi Industries, LLC
· Tensator, Inc.
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· Visiontron Corp.
Contract Term
The contracts will begin on or about March 1, 2024, for five-year terms with no options
to extend.
Financial Impact
The aggregate value of these contracts will be up to $400,000 for the total five-year
contract term.
Funding is available in the Aviation Department's operating budget.
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 119
Report
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Item text
Services, Inc. Amendments to Extend Lease Terms (Ordinance S-50559)
Request to authorize the City Manager, or his designee, to amend Ground Leases with
Federal Express Corporation (FedEx), United Parcel Service, Inc. (UPS), and
Worldwide Flight Services, Inc. (WFS) to extend the lease terms to April 5, 2027 at
Phoenix Sky Harbor International Airport (PHX).
Summary
FedEx, UPS, and WFS lease parking lot space in the East Tonto Lot (Lot) at PHX to
provide parking and storage for tractor trailers and automobiles. Each lease has a
different termination date. The Aviation Department has identified the Lot as a location
that may be displaced to accommodate future airport growth and development. To
accommodate redevelopment of the Lot, staff requests to extend the leases to be
coterminous on the same contract expiration date of April 5, 2027, and include two one
-year options to extend at the sole discretion of the Aviation Director.
Contract Term
Lease terms are as follows: FedEx Lease 134887 for approximately 60,000 square
feet of space is scheduled to terminate on Oct. 31, 2024, UPS Lease 153576 for
approximately 87,120 square feet of space is scheduled to terminate on Jan. 31, 2024,
and WFS Lease 154728 for approximately 43,560 square feet of space is scheduled to
terminate on April 5, 2024. With this action, all three leases will be amended to co-
terminate on April 5, 2027. Provisions of the amendments will include two one-year
options to extend, which may be exercised at the sole discretion of the Aviation
Director.
Financial Impact
Current annual rent from FedEx, UPS, and WFS is approximately $286,621. Total
revenue anticipated over the extended terms of the leases, if the extension options are
exercised will be approximately $1,146,363.
Concurrence/Previous Council Action
· FedEx Ground Lease 134887 (Ordinance S-38889) on June 6, 2012;
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· FedEx Ground Lease 134887 Amendment (Ordinance S-41188) on Oct. 1, 2014;
· FedEx Ground Lease 134887 Amendment (Ordinance S-45977) on Aug. 28, 2019;
· UPS Ground Lease 153576 (Ordinance S-46766) on June 17, 2020; and
· WFS Ground Lease 154728 (Ordinance S-47106) on Nov. 18, 2020.
This Amendment was approved by:
· The Phoenix Aviation Advisory Board, Business and Development Subcommittee
on Jan. 4, 2024 by a vote of 3-0.
· The Phoenix Aviation Advisory Board on Jan. 18, 2024 by a vote of 6-0.
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 121
Report
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Item text
Request to authorize the City Manager, or his designee, to amend Fixed Base
Operator (FBO) Lease 138997 with DBRT Goodyear FBO, LLC (dba Lux Air) to add
additional premises for aircraft storage and a fuel farm expansion on vacant land at
Phoenix Goodyear Airport (GYR).
Summary
Lux Air operates an FBO concession operations at GYR. Lux Air has requested to
lease approximately 60,000 square feet of land that is currently underutilized
automobile parking lot, to convert it to aircraft parking space. Additionally, Lux Air has
requested to lease approximately 24,500 square feet of land to expand its fuel farm
and increase their fueling capacity. This land was previously leased to Lufthansa Flight
Training as an aircraft fuel farm. Lux Air intends to make tenant improvements to both
premise locations at a total estimated cost of $1.25 million.
Contract Term
The additional premises will be added to Lease 138997 which expires on April 9, 2053.
Financial Impact
Rent for the aircraft parking premises will be at the rate of $0.38 per square foot, or
approximately $22,800 per year. One year after the airport parking premises is added
to the Lease, rent will be adjusted annually based on the Phoenix-Mesa-Scottsdale
Consumer Price Index (CPI). Anticipated revenue for the aircraft parking premises over
the remaining term of the Lease will be approximately $684,000. Revenue from
expanding the fuel farm capacity will be in the form of a fuel flowage fee, which is
currently $0.14 per gallon. The fuel flowage fee is adjusted annually per the CPI.
Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board, Business and Development Subcommittee
recommended approval of the item on Jan. 4, 2024 by a vote of 3-0.
The Phoenix Aviation Advisory Board recommended approval of the item on Jan. 18,
2024 by a vote of 6-0.
Page 122
Location
Phoenix Goodyear Airport, 1658 S. Litchfield Road, Goodyear, Ariz.
Council District: Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 123
Report
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Item text
(Ordinance S-50563)
Request to authorize the City Manager, or his designee, to enter into a ground lease
with Arizona Aviation Partners, LLC (AZ Partners) for approximately 28 acres of vacant
land at Phoenix Goodyear Airport (GYR).
Summary
AZ Partners is requesting to enter into a ground lease at GYR to construct an air cargo
facility on approximately 28 acres (1,219,680 square feet) of vacant land. The
proposed cargo facility may include cold and/or dry storage facilities, maintenance and
repair facilities, or other approved aeronautical uses with an investment of
approximately $40 million.
Contract Term
The Primary Lease Term will be 35 years, with one 10-year renewal option to be
exercised at the sole discretion of the Aviation Director. The Primary Lease Term will
be preceded by a development period of up to 24 months to construct improvements
before ground rent commences. The Primary Lease Term will commence after the 24-
month development period or when a Certificate of Occupancy is issued for the cargo
building, whichever occurs first.
Financial Impact
Rent for the first year of the Primary Term of the lease will be at the rate of $0.34 per
square foot, or approximately $414,691 per year. Rent will be adjusted annually
commencing after the first year of the Primary Term based on the Phoenix-Mesa-
Scottsdale Consumer Price Index. Rent Credits of approximately $4 million will be
applied to rent during the Primary Lease Term in order to compensate AZ Partners for
improvements outside the leased premises area that benefit GYR and are necessary
to make the development of the leased area operational. Such improvements are
expected to include: taxiway connectors, vehicle access roads, and utility connections.
Total rent anticipated over the Primary Term of the lease, if the extension option is
exercised, will be approximately $18,661,095.
Page 124
Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board, Business and Development Subcommittee
recommended approval of the item on Jan. 4, 2024 by a vote of 3-0.
The Phoenix Aviation Advisory Board recommended approval of the item on Jan. 18,
2024 by a vote of 6-0.
Location
Phoenix Goodyear Airport, 1658 S. Litchfield Road, Goodyear, Ariz.
Council District: Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 125
Report
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Item text
Request to authorize the City Manager, or his designee, to enter into a new Ground
Lease with Avis Budget Car Rental, LLC (Avis) for approximately three acres at
Phoenix Sky Harbor International Airport (PHX).
Summary
Avis operates a rental car concession at the Rental Car Center (RCC) at PHX. Avis is
requesting to lease approximately three acres in the East Tonto Lot (Lot) at PHX for
storage of excess rental cars related to their business operations at the RCC. The
Aviation Department has identified the Lot as a location that may be displaced to
accommodate future airport growth and development. To accommodate
redevelopment of the Lot, staff requests to establish the lease term expiration date of
April 5, 2027 to be coterminous on the same contract expiration date as other leases in
the Lot, and include two one-year options to extend at the sole discretion of the
Aviation Director.
Contract Term
The ground lease term will be three years and will commence on April 6, 2024, and
terminate on April 5, 2027. Provisions of the ground lease will include two one-year
options to extend which may be exercised at the sole discretion of the Aviation
Director.
Financial Impact
Rent for the first year of the Ground Lease will be approximately $137,214 and will be
adjusted annually based on the Phoenix-Mesa-Scottsdale Consumer Price Index or
three percent, whichever is greater. Total anticipated revenue, if all options are
exercised, will be approximately $686,070.
Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board, Business and Development Subcommittee
recommended approval of the item on Jan. 4, 2024 by a vote of 3-0.
The Phoenix Aviation Advisory Board recommended approval of the item on Jan. 18,
2024 by a vote of 6-0.
Page 126
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 127
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Item text
for Award (Ordinance S-50536)
Request to authorize the City Manager, or his designee, to enter into a contract with
Cummins Inc. for the purpose of training technicians on Cummins systems for the
Public Works Department. Further request to authorize the City Controller to disburse
all funds related to this item. The total value of the contract will not exceed $200,000.
Summary
The Public Works Department is requesting Original Equipment Manufacturer (OEM)
training to assist technicians on diagnosing and repairing equipment. Cummins
courses consist of hands-on training that will allow City of Phoenix technicians to
troubleshoot engine components, conduct fault analysis, repair equipment, and be
familiar with natural gas engines that are used in the refuse truck fleet. This training
will help reduce downtime and get units back in service to maintain fleet in a timely
manner for citywide operations.
Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo citing Special Circumstances Sole
Source. Cummins Inc. is the sole OEM dealer in the state of Arizona and is the only
vendor authorized to provide OEM Cummins Systems Training.
Contract Term
The contract will begin on or about April 1, 2024 for a three-year term with two one-
year options to extend.
Financial Impact
The contract value will not exceed $200,000 for the five-year term.
Funding is available in the Public Works Department's budget.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Works
Department.
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Item text
50546)
Request to authorize the City Manager, or his designee, to execute amendments to
Agreement 151938 with Geo-Logic Associates, Inc. and Agreement 151941 with
Brown & Caldwell, Inc. to provide additional Solid Waste Support On-Call Services for
the Public Works Department. Further request to authorize execution of amendments
to the agreements as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The additional total fee for services included in these amendments will not exceed
$1,250,000.
Summary
The purpose of these agreements is to provide various support services for landfills,
transfer station facilities, hauling yards, and maintenance facilities. Services include
engineering, environmental, groundwater monitoring, survey, and other related
services as required.
The amendments are necessary because the funding is being utilized faster than
anticipated due to additional and unanticipated engineering, environmental and
groundwater monitoring services needed. These amendments will provide additional
funds to the agreements.
Contract Term
The term of the agreements remains unchanged from the issuance of the original
Notices 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 initial agreements for Public Works Solid Waste Support On-Call Services were
approved for an amount not to exceed $4 million, including all subconsultant and
reimbursable costs.
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· This amendment will increase Agreement 151938 by an additional $1,000,000, for a
new total amount not to exceed $2,500,000, including all subconsultant and
reimbursable costs.
· This amendment will increase Agreement 151941 by an additional $250,000, for a
new total amount not to exceed $750,000, including all subconsultant and
reimbursable costs.
Upon approval of the $1,250,000 in additional funds, the revised aggregate value of
the agreements will not exceed $5,250,000. Funding for these amendments is
available in the Public Works Department's Capital Improvement Program budget. The
Budget and Research Department will separately review and approve funding
availability prior to the execution of any on-call task order of $100,000 or more.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.
Concurrence/Previous Council Action
The City Council approved Public Works Solid Waste Support Services Agreements
151938 through 151942 (Ordinance S-46518) on April 15, 2020.
Location
Del Rio Landfill, 1150 E. Elwood St.
Skunk Creek Landfill, 3165 W. Happy Valley Road
19th Avenue Landfill Cell A, 1701 W. Lower Buckeye Road
19th Avenue Landfill Cell A-1, 3850 S. 15th Ave.
27th Avenue Landfill, 3060 S. 27th Ave.
27th Avenue Transfer Station / MRF, 3060 S. 27th Ave.
North Gateway Transfer Station / MRF, 30205 N. Black Canyon Highway
Deer Valley Landfill/Cave Creek Golf Course, Greenway Road and 19th Avenue
SR-85 Landfill (Out of City), 28361 W. Patterson Road, Buckeye, Ariz.
Council Districts: 1, 2, 4, 7, 8 and Out of City
Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Alan
Stephenson, the Public Works Department and the City Engineer.
Page 130
Report
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Item text
(Ordinance S-50531)
Request to authorize the City Manager, or his designee, to enter into separate master
agreements with two contractors listed below, to provide Groundwater Well Program
Job Order Contracting services for the Water Services Department. Further request to
authorize execution of amendments to the agreements as necessary within the
Council-approved expenditure authority as provided below, and for the City Controller
to disburse all funds related to this item. The total for all services will not exceed $80
million.
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 Job Order Contracting (JOC) contractors’ services will be used on an as-needed
basis to provide Groundwater Well services for major and minor repair work for the
groundwater wells and associated infrastructure. Some of the work anticipated
includes exploratory borehole drilling and related activities, new production well drilling
and casing installation, well-head treatment, chemical feed systems, replacement of
the well pump and motor, repairs to existing well casing, well cleaning, well video
inspections and analysis, and new well siting assistance. Additionally, the JOC
contractors will be responsible for fulfilling Small Business Enterprise program
requirements.
Page 131
Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Six firms submitted proposals
and are listed below.
Selected Firms
Rank 1: Felix Construction Company
Rank 2: Hunter Contracting Co.
Additional Proposers
Rank 3: MGC Contractors, Inc.
Rank 4: J.R. Filanc Construction Company, Inc.
Rank 5: Archer Western Construction, LLC
Rank 6: PCL Construction. Inc.
Contract Term
The term of each master agreement is for up to five years, or up to $40 million,
whichever occurs first. Work scope identified and incorporated into the master
agreement prior to the end of the term may be agreed to by the parties, and work may
extend past the termination of the master agreement. No additional changes may be
executed after the end of the term.
Financial Impact
The master agreement value for each of the JOC contractors will not exceed $40
million, including all subcontractor and reimbursable costs. The total fee for all services
will not exceed $80 million.
Request to authorize the City Manager, or his designee, to execute job order
agreements performed under these master agreements for up to $4 million each. In no
event will any job order agreement exceed this limit without Council approval to
increase the limit.
Funding is available in the Water Services Department Capital Improvement Program.
The Budget and Research Department will review and approve funding availability
prior to issuance of any job order agreement. Payments may be made up to
agreement limits for all rendered agreement services, which may extend past the
agreement termination.
Page 132
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
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Report
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Item text
Services - WS85507008 (Ordinance S-50533)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Sundt Construction, Inc. to provide Construction Manager at Risk Preconstruction
and Construction Services for the Scenario 3B Transmission Main Rehabilitation
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 $25,775,000.
Summary
The purpose of this project is in response to the results of the Large Transmission
Main Assessment Program, which determined the need to rehabilitate a portion of the
City's 48-inch water transmission main defined as Scenario 3B. The project was split
into four phases defined as Segments 1 to 4. Segments 2 and 3 have been completed
while Segments 1 and 4 still need rehabilitation. Construction methods could
potentially consist of slip line rehabilitation, open trench replacement, or a combination
of the two, and are subject to final design of the project.
Sundt Construction, Inc. will begin in an agency support role for Construction Manager
At Risk Preconstruction Services. Sundt Construction, Inc. will assume the risk of
delivering the project through a Guaranteed Maximum Price agreement.
Sundt Construction, Inc.’s Preconstruction Services include, but are not limited to:
detailed cost estimating and knowledge of marketplace conditions, project planning
and scheduling, construction phasing and scheduling that will minimize interruption to
City operations, alternate systems evaluation and constructability studies, long-lead
procurement studies and initiate procurement of long-lead items, protect the owner's
sensitivity to quality, safety, and environmental factors, and participate with the City in
a process to establish a Small Business Enterprise (SBE) goal for the project.
Sundt Construction, Inc.’s initial Construction Services will include preparation of a
Guaranteed Maximum Price proposal provided under the agreement. Sundt
Construction, Inc. will be responsible for construction means and methods related to
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the project and fulfilling the SBE program requirements. Sundt Construction, Inc. will
be required to solicit bids from prequalified subcontractors and to perform the work
using the City’s subcontractor selection process. Sundt Construction, Inc. may also
compete to self-perform limited amounts of work.
Sundt Construction, Inc.'s additional Construction Services include: construct per final
plans and specifications, select subcontractors and suppliers for this project,
coordinate with various City of Phoenix departments, other agencies, and utility
companies, arrange for procurement of materials and equipment, schedule and
manage site operations, provide quality controls, bond and insure the construction,
and maintain a safe work site for all project participants.
Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-603(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Four firms submitted proposals
and are listed below:
Selected Firm
Rank 1: Sundt Construction, Inc.
Additional Proposers
Rank 2: Kiewit Infrastructure West Co.
Rank 3: Achen-Gardner Construction, L.L.C.
Rank 4: Structural Preservation Systems, LLC
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 Sundt Construction, Inc. will not exceed $25,775,000,
including all subcontractor and reimbursable costs.
Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
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agreement termination.
Location
General Location: Segment 1 Orangewood Avenue and 20th Street, traversing under
SR-51 to Dreamy Draw Drive and north to south of the Preserve and Segment 4 is
north of the Preserve area, along 26th Street to Shea Boulevard
Council Districts: 3 and 6
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
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Report
Supporting documents
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Item text
Pump Station 5ED-B1 - Construction Manager at Risk Preconstruction Services
Amendment - WS85508002 (Ordinance S-50539)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 158303 with Sundt Construction, Inc. to provide additional Construction
Manager at Risk Preconstruction Services for the 24-Inch Water Main: Cave Creek
Road and Desert Peak Parkway to Booster Pump Station 5ED-B1 project. Further
request to authorize execution of amendments to the agreement as necessary within
the Council-approved expenditure authority as provided below, and for the City
Controller to disburse all funds related to this item. The additional fee for services
included in this amendment will not exceed $300,000.
Summary
The purpose of this project is to construct approximately 29,500 feet of new 24-inch
water main.
This amendment is necessary to fund preconstruction services from 60 percent design
to final design, which were not included in the original agreement. This amendment will
provide additional funds to the agreement.
Contract Term
The term of the agreement will remain the same. 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 initial agreement for Construction Manager at Risk (CMAR) Preconstruction
Services was approved for an amount not to exceed $100,000, including all
subcontractor and reimbursable costs.
· This amendment will increase the agreement by an additional $300,000, for a new
total amount not to exceed $400,000, including all subcontractor and reimbursable
costs.
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Funding for this amendment is available in the Water Services Department's Capital
Improvement Project budget. The Budget and Research Department will separately
review and approve funding availability prior to the execution of any amendments.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.
Concurrence/Previous Council Action
The City Council approved CMAR Preconstruction Agreement 158303 (Ordinance S-
49705) on May 31, 2023.
Location
Cave Creek Road and Desert Peak Parkway to Booster Pump Station 5ED-B1
Council District: 2
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
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Report
Supporting documents
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Item text
Maricopa County Department of Transportation Cooperative Contract - 230200-C
- Request for Award (Ordinance S-50540)
Request to authorize the City Manager, or his designee, to enter into a contract with up
to 13 vendors as listed in Attachment A, to provide Intelligent Transportation System
(ITS) Devices and Communication equipment for the Street Transportation
Department. Further request to authorize the City Controller to disburse all funds
related to this item. The total value of the contracts will not exceed $12 million.
Summary
The Street Transportation Department is requesting to utilize the Maricopa County
Department of Transportation Cooperative contract to purchase the equipment,
supplies, and training necessary for the Traffic Signal Shop to perform core functions
such as maintaining the Citywide infrastructure of over 1,138 signalized intersections
and continually adapt to the changing technology of the traveling public as it pertains
to the traffic signal systems. Contractors who agree to the City's terms and conditions
will sign a linking agreement to provide parts such as electrical conductors, fiber optic
cable and equipment, closed circuit television, routers, adaptive signal control
equipment, advanced transportation controllers, traffic data collection equipment, and
non-invasive vehicle detection equipment at the same bid prices accepted by the
county. These contracts will further allow the City to keep pace with the Federal
Highway Transportation Department and the transportation industries push toward
Vehicle-to-Infrastructure (V2I) models and functionality as well as provide the street
performance metrics needed by our engineering staff.
V2I is the next generation of ITS technology. The V2I technologies wirelessly provide
information to the infrastructure, which is then used by the infrastructure to adjust
travel time data and adjustment of traffic signal timing to reduce congestion and
enhance signal systems coordination. V2I technologies are also key in the distribution
of travel times and other advisories from the infrastructure to the vehicle that inform the
user of safety, mobility, and/or environment-related conditions.
Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
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as a result of an approved Determination Memo based on the following reason:
Special Circumstances Alternative Competition. The Street Transportation Department
recognizes the value by participating in the Maricopa County Department of
Transportation Cooperative contract to keep pace with changing technology, conserve
resources by collaborating during the procurement process, and obtain competitive
pricing.
Contract Term
The contracts will begin on or about Feb. 15, 2024, for a one-year term with five one-
year options to extend.
Financial Impact
The aggregate contract value will not exceed $12 million for the six-year aggregate
term.
Funding is available in the Street Transportation Department's operating and/or Capital
Improvement Program budgets.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.
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ATTACHMENT A
Selected Offerors - Alphabetically
AM Signal, LLC
Applied Information, Inc.
Clark Electric Sales, Inc.
Contractors West, Inc.
Enterprise Networks Solutions
GridMatrix, Inc.
ITS Plus, Inc.
L4 Technologies, LLC
NoTraffic U.S. Inc
Rhythm Engineering, LLC
Sierra Transportation & Technologies
Summit Traffic Solutions
Western Systems Inc
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Report
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Item text
WS90160098 (Ordinance S-50541)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Wilson Engineers, LLC to provide Engineering Services that include design and
construction administration and inspection for the Glendale Metering Station GL02
Relocation 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 $400,000.
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 related to the
development, design and construction of the project. Such utility services include, but
are not limited to electrical, water, sewer, natural gas, telecommunication, cable
television, railroads and other modes of transportation. Further request the City
Council to grant an exception 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 relocate the metering station further south out of the
expansion of the Northern Parkway for increased safety, better access, and easier
maintenance.
Wilson Engineers, LLC’s services include, but are not limited to: detailed design of new
flow meter station and new sampling vault; decommissioning of existing meter station;
obtaining permits; preparation of specifications; and interfacing with multiple
governmental agencies. Construction Administration and Inspection services will
include conducting pre-construction conference and progress meetings; perform on-
site examination of materials, equipment, and workmanship; provide quality control
services during the course of construction; conduct and coordinate special inspection
for structural, mechanical, and electrical work; update the wastewater asset
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management system; review operations and maintenance manuals for completeness
and adherence to City standards and requirements; and provide start-up assistance
and training services.
The Glendale Metering Station is owned and operated by the Sub-Regional Operating
Group (SROG).
Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-603(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. One firm submitted a proposal
and is listed below.
Selected Firm
Rank 1: Wilson Engineers, LLC
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 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 Wilson Engineers, LLC will not exceed $400,000, including all
subconsultant and reimbursable costs.
Funding is available in the Water Services Department's Capital Improvement Program
budget utilizing SROG funds from the City of Phoenix and the City of Glendale. The
Budget and Research Department will separately review and approve funding
availability prior to execution of any amendments. Payments may be made up to the
agreement limits for all rendered agreement services, which may extend past the
agreement termination.
Concurrence/Previous Council Action
The SROG Advisors authorized the project on July 20, 2023.
Location
Intersection of West Northern Avenue and North 99th Avenue
Council District: Out of City
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Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
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Report
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Item text
Inspection On-Call Services (Ordinance S-50549)
Request to authorize the City Manager, or his designee, to enter into separate
agreements with the four consultants in Attachment A, to provide Pavement
Maintenance Construction Inspection On-Call services for the Street Transportation
Department Citywide. Further request to authorize execution of amendments to the
agreements as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The total fee for all services will not exceed $40 million.
Additionally, request to authorize the City Manager, or his designee, to take all action
as may be necessary or appropriate and to execute all design and construction
agreements, licenses, permits, and requests for utility services relating to the
development, design, and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunications, cable
television, railroads and other modes of transportation. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
inclusion in the documents pertaining to this transaction of indemnification and
assumption of liability provisions that otherwise should be prohibited by Phoenix City
Code 42-18. This authorization excludes any transaction involving an interest in real
property.
Summary
The On-Call consultants will be responsible for providing On-Call Pavement
Maintenance Construction Inspection services that include, but are not limited to:
perform inspections on a per project basis, monitor and document construction
progress; inspect construction operations and materials used by contractors; observe,
record, and review performance tests; review and coordinate requests for information,
submittals and change orders; crack seal, scrub seal, slurry seal, micro-surfacing, fog
seal, pavement mill and overlay, ADA curb ramp replacement and other Portland
cement concrete repair, Fractured Aggregate Surface Treatment types of work; and
provide other services as required to support successful completion of the work and
City's interest.
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Procurement Information
The selections were made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Eleven firms submitted proposals
and are listed in Attachment A.
Contract Term
The term of each agreement is up to five years, or up to $10 million, whichever occurs
first. 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 each of the On-Call consultants will not exceed $10 million,
including all subconsultant and reimbursable costs. The total fee for all services will not
exceed $40 million.
Funding is available in the Street Transportation Department’s Capital Improvement
Program budget. The Budget and Research Department will review and approve
funding availability prior to issuance of any On-Call task order of $100,000 or more.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the Street
Transportation Department and the City Engineer.
Page 146
ATTACHMENT A
Selected Firms
Rank 1: Consultant Engineering, Inc.
Rank 2: AECOM Technical Services, Inc.
Rank 3: Tristar Engineering and Management, Inc.
Rank 4: Wood, Patel & Associates, Inc.
Additional Proposers
Rank 5: Ardurra Group, Inc.
Rank 6: Trace Consulting, LLC
Rank 7: HDR Construction Control Corporation
Rank 8: Elite Pride Inspection Consulting LLC
Rank 9: Consor Engineers, LLC
Rank 10: WSP USA Inc.
Rank 11: Gannett Fleming, Inc.
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Report
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Item text
WS90400101 (Ordinance S-50554)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Entellus, Inc. to provide Engineering Services that include construction
administration and inspection for the Lift Station 42 Upgrades 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 $500,000.
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 related to the
development, design and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunication, cable
television, railroads and other modes of transportation. Further request the City
Council to grant an exception 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 expand the Lift Station 42 firm capacity from one
million gallons per day (MGD) to 3.1 MGD. Work under this project includes demolition
of existing wet well and removal of biofilter media and air distribution system,
construction of a new larger wet well, four submersible pumps, new 12-inch force main
discharge piping, and refurbishment of the existing biofilter facility. The new discharge
piping will connect to the existing 12-inch dual force main piping.
Entellus, Inc.'s services include, but are not limited to: provide on-site inspection and
review of work to ensure the quality of the executed work and verify the work is in
accordance with the construction documents and specifications; assist the contractor
in obtaining permits and approvals for work; provide oversight to ensure protection
against defects and deficiencies in the work of contractors and their subcontractors;
perform special inspections as required by the Annual Facilities Program; confirm
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contractor's work progress and quantities of work completed are on schedule and
meet standards; review contractor cost proposals, submittals, shop drawings, RFIs,
payment applications, change orders, and other documents as directed by the City;
certify contractor payment applications; and conduct a pre-construction meeting and
other project related progress meetings as required.
Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-603(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Three firms submitted proposals
and are listed below.
Selected Firm
Rank 1: Entellus, Inc.
Additional Proposers
Rank 2: Consor North America, Inc.
Rank 3: Stanley Consultants, 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 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 Entellus, Inc. will not exceed $500,000, including all
subconsultant and reimbursable costs.
Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.
Location
Near the intersection of 32nd Lane and West Pecos Road
Council District: 6
Page 149
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
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Report
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Item text
Intensity Activated CrossWalK on 43rd Avenue at Butler Drive (Ordinance S-
50556)
Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with the City of Glendale for the installation of a
High Intensity Activated CrossWalK (HAWK) on 43rd Avenue at Butler Drive.
Additionally, request the City grant exception pursuant to Phoenix City Code section 42
-20 to authorize indemnification and assumption of liability provisions that otherwise
would be prohibited by Phoenix City Code section 42-18. Additionally, request the City
Controller to disburse all funds related to this item. The financial impact to the City of
Phoenix is $20,000.
Summary
The City of Phoenix Street Transportation Department (Streets) requests to coordinate
with the City of Glendale for the installation of a HAWK on 43rd Avenue at Butler Road.
This intersection is located within the City of Phoenix and borders the City of Glendale
on the west side. Both parties agree that it would be beneficial for a HAWK pedestrian
traffic signal to be installed at the intersection to allow pedestrians to safely cross the
roadway. Streets applied for and was awarded Roadway Safety Program (RSP)
funding through the Maricopa Association of Governments Transportation
Improvement Program.
The IGA will authorize the City of Phoenix to install the HAWK signal system and
equipment within the portion of the right-of-way in the City of Glendale to provide a
safe crossing for pedestrians. Glendale will review and approve the design and provide
no-cost permits for the construction and traffic control to the City of Phoenix for project-
related work that lies within Glendale. The City of Phoenix will administer construction,
fund, and assume responsibility for the project. In addition, the City of Phoenix will
own, maintain, operate, and pay all utility costs associated with the HAWK.
Contract Term
This agreement will become effective as of the date it is approved by all of the parties
and will remain in effect as long as the HAWK remains operational.
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Financial Impact
The project will be funded with local and regional funds through the utilization of the
RSP funds. The total project cost is estimated at $186,320. The City of Phoenix was
awarded $166,320 in RSP funds, so the total cost to the City of Phoenix will be
$20,000. Funding is available in the Street Transportation's Capital Improvement
Program.
Location
43rd Avenue and Butler Drive
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.
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Report
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Item text
Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 149214 with Econolite Control Products, Inc. to extend the contract term and
add additional expenditures. Further request to authorize the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed
$4,000,000.
Summary
This contract will provide traffic signal control cabinets for use in new installations of
traffic signals and High-Intensity Activated Crosswalks (HAWKs) associated with
capital improvement and development projects. The cabinets will also be used to
replace existing cabinets as they near end of life or are damaged. The cabinets house
the components which operate the traffic signals and serve as the main distribution of
voltage to the field devices. The cabinets are a vital part of the traffic signal
infrastructure throughout the City, thereby supporting the safe movement of
vehicular/non-vehicular traffic and pedestrians.
Contract Term
Upon approval the contract will be extended through Feb. 28, 2025, with an option to
extend through Feb. 28, 2026.
Financial Impact
Upon approval of $4,000,000 in additional funds, the revised aggregate value of the
contract will not exceed $10,300,000. Funds are available in the Street Transportation
Department’s budget.
Concurrence/Previous Council Action
The City Council previously approved:
· Traffic Signal Control Cabinets Contract 149214 (Ordinance S-45338) on Jan. 23,
2019; and
· Traffic Signal Control Cabinets Contract 149214 Amendment (Ordinance S-49089)
on Oct. 26, 2022.
Page 153
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.
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Report
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Item text
Amendments (Ordinance S-50547)
Request to authorize the City Manager, or his designee, to execute amendments to
Agreement 157207 for Engineering On-Call Services for Calendar Years 2023-2024,
and 156066 for Environmental Site Assessment On-Call Consulting Services Fiscal
Years 22/23 to 24/25, to approve a name change from Engineering and Environmental
Consultants, Inc. to Civil & Environmental Consultants, Inc. Further request to
authorize execution of amendments to the agreements as necessary within the
Council-approved expenditure authority.
Summary
On July 1, 2022, the City and Engineering and Environmental Consultants, Inc.
entered into the Environmental Site Assessment On-Call Consulting Services Fiscal
Years 22/23 to 24/25 Agreement 156066. On Jan. 1, 2023, the City and Engineering
and Environmental Consultants, Inc. entered into the Engineering On-Call Services for
Calendar Years 2023-2024 Agreement 157207.
These amendments are necessary because on Nov. 5, 2023, Engineering and
Environmental Consultants, Inc. notified the City of Phoenix of its name change from
Engineering and Environmental Consultants, Inc. to Civil & Environmental Consultants,
Inc. and is now operating under the name of Civil & Environmental Consultants, Inc.
Contract Term
The term of the agreements remains unchanged. Work scope identified and
incorporated into the agreements prior to the end of the term may be agreed to by the
parties, and work may extend past the termination of the agreements. No additional
changes may be executed after the end of the term.
Financial Impact
The agreement values remain unchanged.
Concurrence/Previous Council Action
The City Council approved:
· Environmental Site Assessment On-Call Consulting Services Fiscal Years 22/23 to
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24/25 Agreement 156066 (Ordinance S-48476) on Apr. 6, 2022; and
· Engineering On-Call Services for Calendar Years 2023-2024 Agreement 157207
(Ordinance S-49068) on Oct. 12, 2022.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the Street
Transportation Department and the City Engineer.
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Report
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Item text
Manager at Risk Construction Services - WS90300008 (Ordinance S-50534)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Sundt Construction, Inc. to provide Construction Manager at Risk Construction
Services for the Cave Creek Water Reclamation Plant (CCWRP) Rehabilitation 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
$300 million.
Summary
The purpose of this project is to rehabilitate facilities and equipment at the CCWRP.
The revitalized treatment process will include bulk solids removal via coarse screens
followed by grit removal. New primary filtration is included for pretreatment upstream of
the new biological nutrient removal/membrance bio reactor (BNR/MBR). The
BNR/MBR system will provide pretreatment upstream of the new Advanced Water
Purification Facility. Nearly all of the existing infrastructure at the CCWRP will be
utilized for the upgraded treatment plant and processes, including the existing
sedimentation basins and aeration basin.
Sundt Construction, Inc.’s initial services will include preparation of a Guaranteed
Maximum Price proposal for the Construction Services provided under the agreement
and participating with the City in a process to establish a Small Business Enterprise
(SBE) goal for the project. Sundt Construction, Inc. will be responsible for construction
means and methods related to the project and fulfilling the SBE program requirements.
Sundt Construction, Inc. will be required to solicit bids from pre-qualified
subcontractors and to perform the work using the City’s subcontractor selection
process. Sundt Construction, Inc. may also compete to self-perform limited amounts of
work.
Sundt Construction, Inc.'s services include, but are not limited to: construction of
facilities and replacement/rehabilitation of equipment per final plans and specifications;
coordinate with various City of Phoenix departments, other agencies, utility companies,
etc.; arrange for procurement of materials and equipment; schedule and manage site
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operations; bid, award, and manage all construction related contracts while meeting
City bid requirements including the local and SBE participation goal; provide quality
controls, bond and insure the construction; address all federal, state and local
permitting requirements; deal with owner issues; and maintain a safe work site for all
project participants.
Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes. Scoring and selection were made in
conjunction with the Construction Manager at Risk Preconstruction Services selection
process.
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 Sundt Construction, Inc. will not exceed $300 million,
including all subcontractor and reimbursable costs.
Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.
Concurrence/Previous Council Action
The City Council approved:
· Design and Construction Administrative and Inspection Services Agreement 145603
(Ordinance S-43772) on July 6, 2017;
· Engineering Services Agreement 145603 - Amendment 1 (Ordinance S-46230) on
Dec. 18, 2019;
· Engineering Services Agreement 145603 - Amendment 2 on Nov. 2, 2022;
· Construction Manager at Risk Pre-Construction Services Agreement 153286
(Ordinance S-47034) on Nov. 4, 2020; and
· Engineering Services Agreement 159299 (Ordinance S-50196) on Oct. 4, 2023.
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Location
Cave Creek Wastewater Reclamation Plant
Council District: 2
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
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Report
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Item text
-609 - Request for Award (Ordinance S-50550)
Request to authorize the City Manager, or his designee, to enter into contracts with
Ferguson Enterprises, LLC, Fortiline Waterworks, Inc. and Core and Main, LP to
provide fire hydrants, fire hydrant replacement/repair parts, kits, accessories, warranty
repairs and repair services for the Water Services Department. Further request to
authorize the City Controller to disburse all funds related to this item. The total value of
the contracts will not exceed $16,000,000.
Summary
The Water Services Department will use these contracts for the purchase of new fire
hydrants, parts, kits and accessories within the City's water distribution system. The
contractors guarantee an established, reliable and responsive supply chain for the
procurement of both major and minor products and components for all items installed,
maintained and repaired.
Procurement Information
Invitation for Bid was conducted in accordance with Administrative Regulation 3.10.
Three vendors submitted bids deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendors:
Ferguson Enterprises, LLC: $1,236,829.30
Fortiline Waterworks, Inc.: $816,436.03
Core and Main, LP: $1,043,526.60
Contract Term
The five-year contract shall begin on March 1, 2024, with no options to extend.
Financial Impact
The aggregate contracts will not exceed $16,000,000.
Page 160
Funding is available in the Water Services Department's operating and Capital
Improvement Program budgets.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services Department.
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Report
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Item text
Request for Award (Ordinance S-50553)
Request to authorize the City Manager, or his designee, to enter into contract with
Aquatic Consulting and Testing, Inc. to provide Mosquito Monitoring and Mitigation
Services for the Water Services Department. Further request to authorize the City
Controller to disburse all funds related to this item. The total value of the contract will
not exceed $975,000.
Summary
The City of Phoenix Water Services Department operates the Tres Rios Flow
Regulating and Overbank Wetlands facilities along the north bank of the Salt River
from 75th Avenue downstream to approximately 115th Avenue. This contract will
enable monitoring, identification, and mitigation of adult mosquito activity in and
around the Tres Rios Wetlands facilities and adjacent areas that have the potential to
influence mosquito populations. This effort will include the provision of arbovirus
screening for Encephalitis, Dengue Fever, Zika and West Nile Virus. In addition,
biological surveys are required including the assessment of mosquito fish populations
and re-stocking.
Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.
One vendor submitted a bid deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendor: Aquatic
Consulting and Testing, Inc.
Contract Term
The contract will begin on or about March 1, 2024, for a five-year term with no options
to extend.
Financial Impact
The aggregate contract value will not exceed $975,000.
Page 162
Funding is available in the Water Services Department Operating budget.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services Department.
Page 163
Report
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Item text
Street
Plat: 230077
Project: 20-798
Name of Plat: Holly 6
Owner: City of Phoenix
Engineer: James M. Williamson, RLS
Request: A Seven-Lot Residential Plat
Reviewed by Staff: Jan. 3, 2024
Final Plat requires Formal Action Only
Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.
Location
Generally located at the northeast corner of 1st Avenue and Holly Street
Council District: 4
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 164
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Item text
of 13th Place
Plat: 230087
Project: 22-805
Name of Plat: Quattro on 13th
Owner: Quattro on 13th LP
Engineer: Douglas B. Toney, RLS
Request: A Four-Lot Residential Plat
Reviewed by Staff: Jan. 3, 2024
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 south of Campbell Avenue and east of 13th Place
Council District: 4
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 165
Report
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Item text
2nd Avenue
Plat: 230048
Project: 19-3905
Name of Plat: X Roosevelt
Owner: XSC Phoenix Basecamp Investment, LLC
Engineer: Michael A. Banta, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Dec. 28, 2023
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 south of McKinley Street and east of 2nd Avenue
Council District: 7
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 166
Report
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Item text
36th Street
Plat: 230088
Project: 21-4514
Name of Plat: The Melbourne
Owner: McDowell Partners 1, LLC
Engineer: Colin D. Harvey, RLS
Request: A 69-Lot Residential Subdivision Plat
Reviewed by Staff: Dec. 22, 2023
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 north of McDowell Road and west of 36th Street
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 167
Report
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Item text
Field Inspection - On-Call Services Amendment (Ordinance S-50558)
Request to authorize the City Manager, or his designee, to execute amendments to
Agreements 156158 with Bureau Veritas North America, Inc., 156159 with Consultant
Engineering, Inc., 156160 with OnSite Engineering, P.L.C., 156161 with SafeBuilt
Arizona, LLC, 156162 with Shums Coda Associates, Inc. and 156163 with Willdan
Engineering, Inc. to provide additional Planning and Development Department
Residential and Commercial Building Field Inspection On-Call Services. Further
request to authorize execution of amendments to the agreement as necessary within
the Council-approved expenditure authority as provided below, and for the City
Controller to disburse all funds related to this item. The additional fee for services
included in this amendment will not exceed an aggregate value of $1.5 million.
Summary
The purpose of this project is to provide on-call residential and commercial building
field inspection services on an as-needed basis that include, but are not limited to:
inspections of new construction, alterations, and repairs submitted by commercial and
residential property owners for compliance with the Phoenix Building Construction and
Fire Codes.
These amendments are necessary because development activity in the City of
Phoenix has continued to increase over the past year and the local economy continues
to attract private investment. To maintain customer service levels in inspections, the
Planning and Development Department (PDD) proposes an increase in several areas
to add peak inspections capacity. These amendments will provide additional funds to
the agreement.
Contract Term
The term of each agreement will remain unchanged. 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.
Page 168
Financial Impact
· The initial agreement for each of the consultants for the PDD Residential and
Commercial Building Field Inspection On-Call Services was authorized for an
aggregate fee not to exceed $3 million, including all subconsultant and
reimbursable costs.
· A prior amendment for each of the consultants increased the aggregate
authorization by an additional $1 million, for a new aggregate total amount not to
exceed $4 million, including all subconsultant and reimbursable costs.
· These amendments will increase the aggregate authorization by an additional $1.5
million, for a new aggregate total amount not to exceed $5.5 million for each
consultant, including all subconsultant and reimbursable costs.
Funding for these amendments is available in the Planning and Development
Department's Operating budget. The Budget and Research Department will separately
review and approve funding availability prior to issuance of any On-Call task order of
$100,000 or more. Payments may be made up to agreement limits for all rendered
agreement services, which may extend past the agreement termination.
Concurrence/Previous Council Action
The City Council approved:
· PDD Residential and Commercial Building Field Inspection On-Call Services
Agreements 156158, 156159, 156160, 156161, 156162 and 156163 (Ordinance S-
48518) on April 20, 2022; and
· PDD Residential and Commercial Building Field Inspection On-Call Services
Amendment for Agreements 156158, 156159, 156160, 156161, 156162 and
156163 (Ordinance S-50096) on Aug. 28, 2023.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the Planning and
Development Department and the City Engineer.
Page 169
Report
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Item text
649 N. 3rd Ave. (Ordinance S-50560)
Request to authorize the City Manager, or his designee, to enter into the necessary
agreements and conveyances with 649 3rd Ave Partners, LLC, dba LiveForward
Development, related to a Phil Gordon Threatened Building grant of up to $400,000 to
assist with the relocation and rehabilitation of the historically designated Seargeant-
Oldaker House located at 649 N. 3rd Ave. Further request authorization for the City
Controller to disburse all funds related to this item.
Summary
The Seargeant-Oldaker house was constructed in 1909 and was listed in the National
and Phoenix historic property registers as a significant local example of Craftsman-
style architecture and for its association with prominent Phoenician Elizabeth
Seargeant-Oldaker. The building, which had previously been slated for demolition, will
now be relocated on the property, set on a new foundation, stabilized, and rehabilitated
for adaptive reuse as a restaurant. The relocation would allow for new multi-use
development on the property and provide for long-term preservation of the building
through a conservation easement.
The total estimated project cost is $1,350,645, with the City to provide $400,000 in Phil
Gordon Threatened Building Grant funds, the Arizona Historic Preservation Heritage
Fund providing $324,329, and the property owner, 649 3rd Ave Partners, LLC, dba
LiveForward Development, paying the $626,316 balance. If approved, the grant funds
will be disbursed to the applicant on a reimbursement basis as work is completed. The
applicant will be required to provide evidence of a dollar-for-dollar match.
Financial Impact
The City’s costs would not exceed $400,000. In exchange for the grant funds, the City
will receive a 30-year conservation easement on the property. The easement will
require City review and approval of exterior alterations to the historic building and that
the building be insured and kept in good repair.
Funding is available in the Historic Preservation Office Program Budget for grants and
subsidies under the classification of the Phil Gordon Threatened Building Program.
Page 170
State grant funding is available through the State Legislature under Arizona Revised
Statutes 41-503, the Historic Preservation Heritage Fund Fiscal Year 2024 grant
opportunity.
Concurrence
The Historic Preservation Commission recommended approval of this item on Nov. 20,
2023, by a 5-0 vote.
The Transportation, Infrastructure and Planning Subcommittee recommended approval
of this item on Jan. 31, 2024, by a 4-0 vote.
Location
649 N. 3rd Ave.
Council District: 7
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 171
Report
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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-27-23-1 -
Southwest Corner of 19th Avenue and Quail Avenue (Ordinance G-7172)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
IND. PK. DVAO (Industrial Park, Deer Valley Airport Overlay District) to C-3 DVAO
(General Commercial, Deer Valley Airport Overlay District) to allow electric vehicle
sales and repair.
Summary
Current Zoning: IND. PK. DVAO
Proposed Zoning: C-3 DVAO
Acreage: 7.91 acres
Proposal: Electric vehicle sales and repair.
Owner/Applicant: Aztec 19th Ave., LLC
Representative: William E. Lally, Tiffany & Bosco, PA
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Deer Valley Village Planning Committee heard this case on Aug. 10,
2023, and recommended approval, per the staff recommendation with deleted
stipulations, by a vote of 11-1.
PC Action: The Planning Commission heard this case on Sept. 7, 2023, and
recommended approval, per the Deer Valley Village Planning Committee
recommendation, by a vote of 6-0.
Location
Southwest corner of 19th Avenue and Quail Avenue
Council District: 1
Parcel Address: 21030 and 21040 N. 19th Ave. and 1929 W. Quail Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 172
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-27-23-1) FROM IND. PK. DVAO (INDUSTRIAL
PARK, DEER VALLEY AIRPORT OVERLAY DISTRICT) TO C-3
DVAO (GENERAL COMMERCIAL, DEER VALLEY AIRPORT
OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 7.91-acre property located at the southwest
corner of 19th Avenue and Quail Avenue in a portion of Section 24, Township 4 North,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
“IND.PK. DVAO” (Industrial Park, Deer Valley Airport Overlay District) to “C-3 DVAO”
(General Commercial, Deer Valley Airport Overlay District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 173
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 May 4, 2023, as modified by the following stipulations and approved
by the Planning and Development Department.
2. 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 contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3. A minimum of 5% of the required parking spaces shall include Electric Vehicle
(EV) Installed infrastructure, as approved by the Planning and Development
Department.
4. All nonresidential uses over 5,000 square feet floor area shall provide one
bicycle parking space per 25 vehicle parking spaces, with a maximum of 25
spaces. Bicycle parking shall be provided through Inverted U and/or artistic
racks located near the front office and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance, as approved by the Planning and
Development Department. Artistic racks shall adhere to the City of Phoenix
Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan.
5. Existing streetscape beginning at back of curb shall be replenished with the
approved landscaping and ground cover along 19th Avenue and Quail Avenue,
as approved by the Planning and Development Department.
6. All streets within and adjacent to the development shall be constructed 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.
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.
Page 174
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 4th day of October,
2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 175
EXHIBIT A
LEGAL DESCRIPTION FOR Z-27-23-1
Within a portion of Section 24, Township 4 North, Range 2 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described
as follows:
PARCEL 1:
LOT 31, AZTEC BUSINESS PARK, A SUBDIVISION RECORDED IN BOOK 310 OF
MAPS, PAGE 48 AND CERTIFICATES OF CORRECTION RECORDED IN
RECORDING NO. 87-384338 THROUGH 87-384341, INCLUSIVE, RECORDS OF
MARICOPA COUNTY, ARIZONA.
EXCEPT THE WEST 229 FEET.
PARCEL 2:
LOT 32, AZTEC BUSINESS PARK, A SUBDIVISION RECORDED IN BOOK 310 OF
MAPS, PAGE 48 AND CERTIFICATES OF CORRECTION RECORDED IN
RECORDING NO. 87-384338 THROUGH 87-384341, INCLUSIVE, RECORDS OF
MARICOPA COUNTY, ARIZONA.
Page 176
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Page 179
PLANNING & DEVELOPMENT DEPARTMENT
To: Alan Stephenson Date: October 31, 2023
Deputy City Manager
From: Joshua Bednare��
Planning and DevJ/opment Director
Subject: CONTINUANCE OF ITEM 70 ON THE NOVEMBER 1, 2023, FORMAL AGENDA
Z-27-23-1 - SOUTHWEST CORNER OF 19TH AVENUE AND QUAIL AVENUE
(ORDINANCE G-7172)
Item 70, rezoning application Z-27-23-1 is a request to rezone 7.91 acres located at the
southwest corner of 19th Avenue and Quail Avenue from IND.PK. DVAO (Industrial Park,
Deer Valley Airport Overlay District)) to C-3 DVAO (General Commercial, Deer Valley Airport
Overlay District) to allow electric vehicle sales and repairs.
Staff has received correspondence from the applicant requesting a continuance to address
concerns by adjacent property owners.
Staff recommends continuing this item to the December 6, 2023, City Council Formal
meeting.
Approved: �--
fiJanstephenso
Deputy City Manager
Attachment:
Exhibit A - Applicant's request for continuance
Page 180
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EXHIBIT A
Page 187
Report
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Item text
Approximately 1,500 Feet East of the Northeast Corner of 19th Avenue and the
Alameda Road Alignment (Ordinance G-7224)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
S-1 DVAO (Ranch or Farm Residence, Deer Valley Airport Overlay District) to A-1
DVAO (Light Industrial District, Deer Valley Airport Overlay District) to allow light
industrial.
Summary
Current Zoning: S-1 DVAO
Proposed Zoning: A-1 DVAO
Acreage: 2.56
Proposal: Light Industrial
Owner: DVHAWK15, LLC
Applicant: Hawkeye Development, LLC
Representative: Clark Diepholz
Staff Recommendation: Denial as filed, approval of CP/GCP, subject to stipulations.
VPC Action: The Deer Valley Village Planning Committee heard this case on Dec. 14,
2023, and recommended approval, subject to staff stipulations, with a deletion, by a
vote of 9-0.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the Deer Valley Village Planning Committee
recommendation, by a vote of 7-0.
Location
Approximately 1,500 feet east of the northeast corner of 19th Avenue and the Alameda
Road alignment
Council District: 1
Parcel Address: N/A
Page 188
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 189
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-26-23-1) FROM S-1 DVAO (RANCH OR FARM
RESIDENCE, DEER VALLEY AIRPORT OVERLAY DISTRICT) TO
A-1 DVAO (LIGHT INDUSTRIAL DISTRICT, DEER VALLEY
AIRPORT OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.56-acre property located approximately
1,500 feet east of the northeast corner of 19th Avenue and the Alameda Road
alignment in a portion of Section 7, Township 4 North, Range 3 East, as described more
specifically in Exhibit “A,” is hereby changed from “S-1 DVAO” (Ranch or Farm
Residence, Deer Valley Airport Overlay District) to “A-1 DVAO” (Light Industrial District,
Deer Valley Airport Overlay District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
Page 190
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. Required landscape setbacks shall be planted with minimum 2-inch caliper
large canopy drought-tolerant trees, 20 feet on center or in equivalent
groupings, with five 5-gallon shrubs per tree, as approved by the Planning and
Development Department.
2. 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 contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3. A minimum of 5% of the required parking spaces shall include Electric Vehicle
(EV) Capable infrastructure, as approved by the Planning and Development
Department.
4. A minimum of two bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the front office and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.
5. A minimum of one of the required bicycle parking spaces shall include standard
electrical receptacles for electric bicycle charging capabilities, as approved by
the Planning and Development Department.
6. A minimum of 40 feet of right-of-way shall be dedicated for the north half of
Alameda Road, adjacent to the development, as approved by the Planning and
Development Department
7. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be
provided along Alameda Road, planted with minimum 2-inch caliper single-
trunk, large canopy, drought-tolerant shade trees planted 20 feet on center or in
equivalent groupings. Where utility conflicts exist, the developer shall work with
the Planning and Development Department on an alternative design solution
consistent with a pedestrian environment.
8. All streets within and adjacent to the development shall be constructed with
Page 191
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
9. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
10. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 7th day of February,
2024.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
Page 192
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 193
EXHIBIT A
LEGAL DESCRIPTION FOR Z-26-23-1
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7,
TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT ALL COAL, OIL, GAS, AND OTHER MINERAL DEPOSITS, AS RESERVED
IN THE PATENT TO SAID LAND.
Page 194
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Report
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Item text
Approximately 375 Feet East of the Southeast Corner of 25th Place and Rose
Garden Lane (Ordinance G-7223)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
PUD (Planned Unit Development) to A-1 (Light Industrial District) to allow warehousing
and an office building.
Summary
Current Zoning: PUD
Proposed Zoning: A-1
Acreage: 5.02
Proposal: Warehousing and an office building
Owner: Horses Help Inc.
Applicant: Carlos Elias, LGE Design / Build
Representative: Stephen Anderson, Gammage and Burnham, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Paradise Valley Village Planning Committee was scheduled to hear
this case on Dec. 4, 2023, for recommendation; however, there was no quorum.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the staff recommendation, by a vote of 5-2.
Location
Approximately 375 feet east of the southeast corner of 25th Place and Rose Garden
Lane
Council District: 2
Parcel Address: 2601 and 2615 E. Rose Garden Lane
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 196
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-60-23-2) FROM PUD (PLANNED UNIT
DEVELOPMENT) TO A-1 (LIGHT INDUSTRIAL DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.02-acre property located approximately
375 feet east of the southeast corner of 25th Place and Rose Garden Lane in a portion
of Section 23, Township 4 North, Range 3 East, as described more specifically in
Exhibit “A,” is hereby changed from “PUD” (Planned Unit Development), to “A-1” (Light
Industrial District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 197
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 September 8, 2023, as modified by the following stipulations, and as
approved by the Planning and Development Department.
2. The development shall be in general conformance with the elevations date
stamped November 15, 2023, as approved by the Planning and Development
Department.
3. The landscape setback along the north side of the property, adjacent to Rose
Garden Lane, shall be planted with minimum 2-inch caliper, large canopy,
drought-tolerant, shade trees, planted 20 feet on center or in equivalent
groupings, and drought-tolerant shrubs, accents, and vegetative groundcovers
to achieve a minimum of 75% live coverage, as approved by the Planning and
Development Department.
4. A minimum 5-foot-wide landscape strip shall be provided along the north, west,
and south sides of the building, and shall be planted with minimum 2-inch
caliper, large canopy, drought-tolerant, shade trees, planted 20 feet on center
or in equivalent groupings, and drought-tolerant shrubs, accents, and
vegetative groundcovers to achieve a minimum of 75% live coverage, as
approved by the Planning and Development Department.
5. All uncovered surface parking lot areas shall be landscaped with minimum 2-
inch caliper, large canopy, drought-tolerant, shade trees. Landscaping shall be
dispersed throughout the parking area and achieve 25% shade, as approved
by Planning and Development Department.
6. All pedestrian pathways, including sidewalks, shall be shaded by a structure,
landscaping, or a combination of the two to provide a minimum of 75% shade,
as approved by the Planning and Development Department.
7. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
8. Bicycle parking spaces shall be provided per the requirements of Section
1307.H of the Phoenix Zoning Ordinance through Inverted U and/or artistic
racks located near the office and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance. Artistic racks shall adhere to the
Master Plan.
Page 198
9. A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities, as
approved by the Planning and Development Department.
10. A minimum of 5% of the required parking spaces shall include Electric Vehicle
(EV) Installed Infrastructure, as approved by the Planning and Development
Department.
11. A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
12. One outdoor employee resting area of no less than 400 square feet, or two
200-square foot areas shall be provided on site. Each required pedestrian area
shall include a minimum of two pedestrian seating benches, constructed of
quality and durable materials, and shaded to a minimum of 75% using
minimum 2-inch caliper large canopy drought-tolerant shade trees and/or
architectural shade, as approved by the Planning and Development
Department.
13. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be
constructed on the south side of Rose Garden Lane, adjacent to the
development, planted to the following standards and as approved by the
Planning and Development Department.
a. Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant,
shade trees, planted 20 feet on center or in equivalent groupings.
b. Drought-tolerant shrubs, accents, and vegetative groundcovers with a
maximum mature height of two feet to achieve a minimum of 75% live
coverage.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
14. All existing overhead utilities within the public right-of-way shall be
undergrounded, adjacent to the development. The developer shall coordinate
with all affected utility companies for their review and permitting.
15. All streets within and adjacent to the development shall be constructed 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
Page 199
accessibility standards.
16. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
17. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder’s Office and delivered to the City to be included in
the rezoning application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 7th day of February,
2024.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
Page 200
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 201
EXHIBIT A
LEGAL DESCRIPTION FOR Z-60-23-2
A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST QUARTER
OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 3 EAST, OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. SAID PARCEL
ALSO BEING A PORTION OF THAT CERTAIN PROPERTY AS DESCRIBED IN
DOCUMENT 1999-0040550 AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
LOT 14 MOHAWK PARK, ACCORDING TO BOOK 58 OF MAPS, PAGE 48,
RECORDS OF MARICOPA COUNTY, ARIZONA.
Page 202
Page 203
Report
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Item text
Ordinance Adoption - Rezoning Application Z-61-23-2 (The Villas of Cave Creek
Senior Living PUD) - Northwest Corner of 53rd Street and Dynamite Boulevard
(Ordinance G-7222)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-10 (Single-Family Residence District) to PUD (Planned Unit Development) to allow
senior housing.
Summary
Current Zoning: R1-10
Proposed Zoning: PUD
Acreage: 4.35
Proposal: Senior housing
Owner: George F Rivera Trust
Applicant: Learsi Capital Group, LLC
Representative: Heather Personne, Evolve Ventures, LLC
Staff Recommendation: Approval, subject to stipulations.
VPC Info: The Desert View Village Planning Committee heard this case on Oct. 3,
2023, for information only.
VPC Action: The Desert View Village Planning Committee was scheduled to hear this
case on Dec. 5, 2023; however, there was no quorum.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the staff recommendation, by a vote of 7-0.
Location
Northwest corner of 53rd Street and Dynamite Boulevard
Council District: 2
Parcel Address: 28255 N. 52nd St. and 5214, 5218, 5221, 5222, 5225, 5226, 5229,
5230, 5233, 5234, 5237, 5238, 5241, 5242 and 5246 E. Silver Sage Lane
Page 204
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 205
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-61-23-2) FROM R1-10 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO PUD (PLANNED UNIT
DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 4.35-acre site located at the northwest
corner of 53rd Street and Dynamite Boulevard in a portion of Section 29, Township 5
North, Range 4 East, as described more specifically in Exhibit “A,” is hereby changed
from “R1-10” (Single-Family Residence District) to “PUD” (Planned Unit Development).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 206
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. An updated Development Narrative for The Villas of Cave Creek Senior Living
PUD reflecting the changes approved through this request shall be submitted to
the Planning and Development Department within 30 days of City Council
approval of this request. The updated Development Narrative shall be consistent
with the Development Narrative date stamped November 17, 2023, as modified
by the following stipulations:
a. Front cover: Revise the submittal date information to add the following:
2. A total of 70 feet of right-of-way shall be dedicated for the north half of Dynamite
Boulevard or as approved by Maricopa County.
3. All street improvements to Dynamite Boulevard and 53rd Street are outside of
Phoenix City Limits and shall be reviewed and approved by Maricopa County.
Documentation of the county review and approval shall be provided prior to
Preliminary Site Plan approval.
4. A total of 40 feet of right-of-way shall be dedicated for the east half of 52nd
Street.
5. All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other
incidentals, as per plans approved by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.
6. The site is located within a Special Flood Hazard Area (SFHA) called a Zone AE
and Zone AE floodway on panel 1301M of the Flood Insurance Rate Maps
(FIRM) revised July 20, 2021. The following requirements shall apply, as
approved by the Planning and Development Department:
a. The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but is 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 the Office of the City Engineer for
review and approval of Floodplain requirements.
Page 207
c. FEMA approved CLOMR-F or CLOMR is required prior to issuance of a
Grading and Drainage permit.
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
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 7th day of February,
2024.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
Page 208
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 209
EXHIBIT A
LEGAL DESCRIPTION FOR Z-61-23-2
Lots 1 thru 15 and Tracts A thru D, Final Plat for 53rd St. & Dynamite, according to the
plat of record in Book 1488 of Maps, page 31, recorded in the office of the County
Recorder of Maricopa County, Arizona.
A portion of the SE Corner of Section 29, Township 5 North, Range 4 East, of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona.
Page 210
Page 211
Report
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Item text
Northeast Corner of 14th Street and Wahalla Lane (Ordinance G-7225)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-8 (Single-Family Residence District) to R-2 (Multifamily Residence District) to allow
multifamily residential townhomes.
Summary
Current Zoning: R1-8
Proposed Zoning: R-2
Acreage: 3.88
Proposal: Multifamily residential townhomes
Owner: Waseem Hamadeh, HOC Land, LLC
Applicant/Representative: Keith Nichter, Kimley-Horn
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Deer Valley Village Planning Committee heard this case on Dec. 14,
2023, and recommended approval, per staff recommendation, by a vote of 9-0.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the Deer Valley Village Planning Committee
recommendation, by a vote of 7-0.
Location
Northeast corner of 14th Street and Wahalla Lane
Council District: 2
Parcel Address: 1414 E. Wahalla Lane
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 212
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-62-23-2) FROM R1-8 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO R-2 (MULTIFAMILY RESIDENCE
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.88-acre site located at the northeast corner
of 14th Street and Wahalla Lane in a portion of Section 28, Township 4 North, Range 3
East, as described more specifically in Exhibit “A,” is hereby changed from “R1-8”
(Single-Family Residence District) to “R-2” (Multifamily Residence District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 213
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 September 13, 2023, as modified by the following stipulations and
approved by the Planning and Development Department.
2. Maximum building height shall be 30 feet.
3. All required landscape setbacks shall be planted with minimum 2-inch caliper
large canopy, drought tolerant shade trees, planted 20 feet on center or in
equivalent groupings, as approved by the Planning and Development
Department.
4. Landscape areas and retention areas shall be planted with minimum 2-inch
caliper large canopy drought-tolerant shade trees planted 20 feet on center or
in equivalent groupings, as approved by the Planning and Development
Department.
5. The vehicular entrances to the development shall include the following
elements, as approved by the Planning and Development Department:
a. Pedestrian pathways connecting the interior of the development to the
public sidewalks along both sides of the vehicular driveway.
b. The entry driveway surface shall be constructed of decorative pavers,
stamped or colored concrete, or another material, other than those used
to pave the parking surfaces, as approved by the Planning and
Development Department.
6. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
7. All pedestrian walkways, including sidewalks, shall be shaded by a structure,
landscaping at maturity, or a combination of the two to provide a minimum 75%
shade, as approved by the Planning and Development Department.
8. All uncovered surface parking lot area shall be landscaped with minimum 2-
inch caliper size large canopy drought tolerant shade trees. Landscaping shall
be dispersed throughout the parking area and achieve 25% shade at maturity,
as approved by Planning and Development Department.
9. The development shall incorporate bicycle infrastructure as described below
and approved by the Planning and Development Department.
Page 214
a. Bicycle parking spaces shall be provided through Inverted U and/or
artistic racks located near the amenity area and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance.
Artistic racks shall adhere to the City of Phoenix Preferred Designs in
Appendix K of the Comprehensive Bicycle Master Plan.
b. Guest bicycle parking shall be provided at a minimum rate of 0.05
spaces per unit, up to a maximum of 50 spaces, located near building
entrances and within amenity areas.
c. All bicycle infrastructure shall be shaded by a structure, landscaping at
maturity, or a combination of the two to provide minimum 75% shade, as
approved by the Planning and Development Department.
d. A bicycle repair station (“fix it station”) shall be provided and maintained
on site within an amenity area or near a primary site entrance. 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, but not be limited to 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.
e. A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities,
as approved by the Planning and Development Department.
10. A minimum of 10% of the required parking spaces shall be EV Ready and a
minimum of 20% shall be EV Capable.
11. The property owner shall record documents that disclose to prospective
purchasers of property within the developments the existence of noise from the
SR 101 Freeway. The form and content of such documents shall be reviewed
and approved by the City prior to recordation.
12. Prior to final site plan approval, the developer shall provide a qualified
engineer’s report certifying the average annual interior noise exposure for any
residential unit or enclosed public assembly area will not exceed 45 decibels,
as approved by the Planning and Development Department.
13. A noise wall shall be provided along or near the north property line, as
approved by the Arizona Department of Transportation and the Planning and
Development Department.
14. A Red Border Letter shall be submitted to ADOT for this development prior to
preliminary site plan approval.
Page 215
15. Complete dedications and construct knuckle design along at the terminus of
14th Street, as approved by the Street Transportation Department.
16. 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.
17. The property owner shall record documents that disclose the existence, and
operational characteristics of Deer Valley Airport to future owners or tenants of
the property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved
by the City Attorney.
18. 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.
19. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
20. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
21. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
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 7th day of February,
2024.
Page 216
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
Page 217
EXHIBIT A
LEGAL DESCRIPTION FOR Z-62-23-2
PARCEL 1
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 4
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA.
EXCEPT THAT PORTION, WHICH LIES NORTHERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 28, WHICH POINT
BEARS SOUTH 00 DEGREES 00 MINUTES 57 SECONDS EAST 370.00 FEET FROM
THE NORTHEAST CORNER OF SAID SECTION 28;
THENCE NORTH 89 DEGREES 00 MINUTES 00 SECONDS WEST 1600.00 FEET TO
THE POINT OF ENDING (ADOT PARCEL 7-4108); AND
ALSO EXCEPT THE SOUTH 25 FEET OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA; TOGETHER WITH THE WEST
25 FEET THAT PART OF THE SOUTH 327 FEET OF SAID WEST HALF LYING
NORTH OF THE NORTH LINE OF SAID SOUTH 25 FEET; AND TOGETHER WITH
THAT PORTION BOUNDED ON THE SOUTH BY SAID NORTH LINE, ON THE
WEST BY THE EAST LINE OF SAID WEST 25 FEET AND ON THE NORTHEAST BY
THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 12 FEET AND BEING TANGENT TO SAID NORTH LINE AND TO SAID
EAST LINE, AS CONVEYED TO THE CITY OF PHOENIX IN DOCUMENT NO.
87-450540; AND
ALSO EXCEPT ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS AS
RESERVED BY THE UNITED STATES OF AMERICA IN THE PATENT TO SAID
LAND.
PARCEL 2
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28,
TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA.
EXCEPT THE EAST 164.05 FEET; AND
ALSO EXCEPT THE SOUTH 25 FEET OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
Page 218
NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 3 EAST
OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AS
CONVEYED TO THE CITY OF PHOENIX IN DOCUMENT NO. 87-450541; AND
ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, WHICH LIES
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 28, WHICH POINT
BEARS SOUTH 00 DEGREES 00 MINUTES 57 SECONDS EAST 370.00 FEET FROM
THE NORTHEAST CORNER OF SAID SECTION 28;
THENCE NORTH 89 DEGREES 00 MINUTES 00 SECONDS WEST 1200.00 FEET TO
THE POINT OF ENDING; AND
ALSO EXCEPT ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS AS
RESERVED BY THE UNITED STATES OF AMERICA IN THE PATENT TO SAID
LAND
Page 219
Page 220
Report
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Item text
Approximately 125 Feet West of the Northwest Corner of 31st Avenue and
Virginia Avenue (Ordinance G-7230)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
Ind. Pk. (Industrial Park) to A-1 (Light Industrial District) to allow industrial uses (meat
processing, packaging, and sales).
Summary
Current Zoning: Ind. Pk.
Proposed Zoning: A-1
Acreage: 0.60
Proposal: Industrial uses (meat processing, packaging, and sales)
Owner: Gabriel Amavizca
Applicant/Representative: Shaine T. Alleman, Tiffany & Bosco, P.A.
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Maryvale Village Planning Committee was scheduled to hear this
case on Dec. 13, 2023, for recommendation; however, there was no quorum.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the staff recommendation, by a vote of 7-0.
Location
Approximately 125 feet west of the northwest corner of 31st Avenue and Virginia
Avenue
Council District: 4
Parcel Address: 3112 W. Virginia Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 221
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-59-23-4) FROM IND. PK. (INDUSTRIAL PARK) TO A-1
(LIGHT INDUSTRIAL DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 0.60-acre property located approximately
125 feet west of the northwest corner of 31st Avenue and Virginia Avenue in a portion of
Section 35, Township 2 North, Range 2 East, as described more specifically in Exhibit
“A,” is hereby changed from “Ind. Pk.” (Industrial Park) to “A-1” (Light Industrial District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
Page 222
1. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
2. A minimum of one green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
3. Upon complete redevelopment or development that modifies the cumulative
floor area of the proposed and existing building by more than 15% from that
depicted on the site plan date stamped October 16, 2023, a minimum of 5% of
the required parking spaces shall be EV Ready.
4. Four bicycle spaces shall be provided on the site through Inverted U and/or
artistic racks located near the building entrances or in a secure location inside
the building and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department.
5. All uncovered surface parking spaces shall be shaded to achieve a minimum
50% shade with either structural shade, minimum 2-inch caliper, large canopy,
drought-tolerant, shade trees, or a combination of the two, as approved by
Planning and Development Department.
6. The landscape area along Virginia Avenue shall be landscaped with minimum
2-inch caliper single-trunk, large canopy, drought-tolerant, shade trees, planted
20 feet on center or in equivalent groupings, as approved by the Planning and
Development Department. When possible, the developer shall use existing
trees and landscaping to meet the landscaping requirements.
7. A minimum 6-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be
provided for the north side of Virginia Avenue, as approved by the Planning and
Development Department.
8. All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
9. 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
Page 223
clearing and grubbing, landscape salvage, and/or grading approval.
10. 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.
11. 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.
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 7th day of February,
2024.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
Page 224
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 225
EXHIBIT A
LEGAL DESCRIPTION FOR Z-59-23-4
Within a portion of Section 35, Township 2 North, Range 2 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described
as follows:
Lot 38, WEST PHOENIX INDUSTRIAL CENTER UNIT THREE, according to Book 122
of Maps, Page 8, records of Maricopa County, Arizona.
Page 226
Page 227
Report
Supporting documents
No supporting documents stored.
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Item text
Plaza on 32nd PUD) - Northeast Corner of 32nd Avenue and Glendale Avenue
(Ordinance G-7227)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-6 (Single-Family Residence District) to PUD (Planned Unit Development) for retail
and office.
Summary
Current Zoning: R1-6
Proposed Zoning: PUD
Acreage: 0.49
Proposal: Retail and office
Owner: KE Investment, LLC
Applicant/Representative: Taylor Earl, Earl & Curley, PC
Staff Recommendation: Approval, subject to stipulations.
VPC Info: The Alhambra Village Planning Committee was scheduled to hear this case
on Sept. 26, 2023, for information only; however, there was no quorum.
VPC Action: The Alhambra Village Planning Committee heard this case on Dec. 19,
2023, and recommended approval, per the staff recommendation, by a vote of 12-0.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the Alhambra Village Planning Committee
recommendation, by a vote of 7-0.
Location
Northeast corner of 32nd Avenue and Glendale Avenue
Council District: 5
Parcel Address: 3206 W. Glendale Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 228
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-34-23-5) FROM R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 0.49-acre property located at the northeast
corner of 32nd Avenue and Glendale Avenue in a portion of Section 2, Township 2
North, Range 2 East, as described more specifically in Exhibit “A,” is hereby changed
from “R1-6” (Single-Family Residence District) to “PUD” (Planned Unit Development).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
Page 229
1. An updated Development Narrative for The Plaza on 32nd PUD reflecting the
changes approved through this request shall be submitted to the Planning and
Development Department within 30 days of City Council approval of this request.
The updated Development Narrative shall be consistent with the Development
Narrative date stamped December 1, 2023, as modified by the following
stipulations:
a. Front cover: Revise the submittal date information on the bottom to add
the following: Hearing draft submittal: December 1, 2023; City Council
adopted: [Add adoption date].
b. Pages 4, 12, and 13; Move the Crime Prevention Through Environmental
Design Section on page 4 to pages 12 and/or 13 Section E. Design
Guidelines, under the Site Lighting section.
2. A minimum 50-feet of right-of-way shall be dedicated for the north side of
Glendale Avenue, adjacent to the development.
3. All streets within and adjacent to the development shall be constructed 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. 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.
5. 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 stipulation shall not be applicable if
the property is owned by the City of Phoenix.
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 7th day of February,
2024.
Page 230
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 231
EXHIBIT A
LEGAL DESCRIPTION FOR Z-34-23-5
WITHIN A PORTION OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 2 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOT 174, AND THE SOUTH 3 FEET OF LOT 175, NORTHVIEW ACRES UNIT 3,
ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE MARICOPA
COUNTY RECORDER IN BOOK 36 OF MAPS, PAGE 34;
EXCEPT THE SOUTH 11 FEET OF LOT 174;
AND EXCEPT THAT PART OF SAID LOT 174, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 174 WITH
THE NORTH LINE OF THE SOUTH 11 FEET THEREOF;
THENCE SOUTHEASTERLY TO A POINT IN SAID NORTH LINE WHICH IS 5 FEET
EAST OF THE POINT OF BEGINNING.
Page 232
Page 233
Report
Supporting documents
No supporting documents stored.
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Item text
Approximately 300 Feet North of the Northwest Corner of 35th Avenue and
Minton Street (Ordinance G-7226)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
S-1 (Ranch or Farm Residence) to R-2 (Multifamily Residence District) to allow
multifamily residential.
Summary
Current Zoning: S-1
Proposed Zoning: R-2
Acreage: 5.40
Proposed Use: Multifamily residential
Owner: Ridgeway Investments LLC
Applicant/Representative: Pew and Lake, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Laveen Village Planning Committee heard this case on Dec. 11,
2023, and recommended approval, per the staff recommendation, with a modification
and an additional stipulation, by a vote of 7-0.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the staff memo, with a modification, by a vote of 7-0.
Location
Approximately 300 feet north of the northwest corner of 35th Avenue and Minton Street
Council District: 7
Parcel Address: N/A
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 234
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-48-22-7) FROM S-1 (RANCH OR FARM
RESIDENCE DISTRICT) TO R-2 (MULTIFAMILY RESIDENCE
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.40-acre property located approximately
300 feet north of the northwest corner of 35th Avenue and Minton Street in a portion of
Section 34, Township 1 North, Range 2 East, as described more specifically in Exhibit
“A,” is hereby changed from “S-1” (Ranch or Farm Residence District) to “R-2”
(Multifamily Residence District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 235
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 October 31, 2023, as modified by the following stipulations and
approved by the Planning and Development Department.
2. The development shall be in general conformance with the elevations date
stamped July 14, 2023, as modified by the following stipulations and approved
by the Planning and Development Department.
3. Traffic calming measures shall be provided at all site entries and exits to slow
down vehicular speeds as they approach sidewalks, as approved by the
Planning and Development Department.
4. The required landscape setbacks and throughout the site shall be landscaped
with 25% 3-inch caliper trees and 75% 2-inch caliper single-trunk large canopy
drought-tolerant shade trees, planted 20 feet on center or in equivalent
groupings, as approved by the Planning and Development Department.
5. The east 350 feet of the south perimeter landscape setback shall be planted
with minimum 3-inch caliper, single trunk, large canopy, drought-tolerant,
shade trees, planted 20 feet on center or in equivalent groupings, 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 pathways connecting the interior of the development to the
public sidewalks along both sides of the vehicular driveway.
b. The pedestrian pathways shall be detached from the vehicular driveway
and lined with landscape areas on both sides of not less than 5 feet
each. The landscape area shall be planted with drought-tolerant plant
materials providing seasonal interest.
c. A minimum 5-foot-wide landscape median, planted with a variety of at
least three plant materials, and minimum 2-inch caliper, single-trunk,
large canopy, drought-tolerant shade trees planted 20 feet on center or
in equivalent groupings.
d. The entry driveway surface shall be constructed of decorative pavers,
stamped or colored concrete, or another material, other than those used
to pave the parking surfaces, as approved by the Planning and
Development Department.
7. If fencing is proposed, open view fencing or a combination of maximum two
Page 236
feet of solid masonry topped by open view fencing shall be utilized along the
north and east perimeter, as approved by the Planning and Development
Department.
8. A perimeter wall no less than 6 feet in height shall be provided along the
southern and western portion of the site, as approved by the Planning and
Development Department.
9. A minimum of 15% of the gross site area shall be retained as open space.
10. All uncovered surface parking lot area shall be landscaped with minimum 2-
inch caliper size large canopy drought tolerant shade trees. Landscaping shall
be dispersed throughout the parking area and achieve 25% shade at maturity,
as approved by Planning and Development Department.
11. 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 contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
12. All pedestrian walkways, including sidewalks, shall be shaded by a structure,
landscaping at maturity, or a combination of the two to provide minimum 75%
shade, as approved by the Planning and Development Department.
13. A minimum of three pedestrian connections shall be provided from the
development to the sidewalk along Carter Road, as approved by the Planning
and Development Department.
14. The development shall incorporate bicycle infrastructure as described below
and approved by the Planning and Development Department.
a. Bicycle parking spaces shall be provided through Inverted U and/or
artistic racks located near the community center and/or clubhouse and
open space areas and installed per the requirements of Section 1307.H.
of the Phoenix Zoning Ordinance. Artistic racks shall adhere to the City
of Phoenix Preferred Designs in Appendix K of the Comprehensive
Bicycle Master Plan.
b. Guest bicycle parking shall be provided at a minimum rate of 0.05
spaces per unit, up to a maximum of 50 spaces, located near building
entrances and within amenity areas.
c. All bicycle infrastructure shall be shaded by a structure, landscaping at
maturity, or a combination of the two to provide minimum 75% shade, as
approved by the Planning and Development Department.
d. A bicycle repair station (“fix it station”) shall be provided and maintained
on site within an amenity area or near a primary site entrance. The
Page 237
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, but not be limited to 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.
e. A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities,
as approved by the Planning and Development Department.
15. A minimum of 10% of the required parking spaces shall be EV Ready.
16. The developer shall dedicate 25-feet of right-of-way and construct the south
side of Carter Road, as approved by the Planning and Development
Department.
17. A minimum 5-foot-wide detached sidewalk separated by a minimum 5-foot-
wide landscape strip shall be constructed along the south side of Carter Road,
adjacent to the development, planted to the following standards and
maintained with a watering system, as approved by the Planning and
Development Department.
a. Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant
shade trees planted 20 feet on center or in equivalent groupings.
b. Drought-tolerant shrubs, accents, and vegetative groundcovers with a
maximum mature height of two feet to achieve a minimum of 75% live
coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
18. The developer shall close the existing median opening adjacent to the site and
construct a new median opening at 35th Avenue and Carter Road, as
approved by the Planning and Development and Street Transportation
Departments.
19. 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.
20. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor International Airport (PHX) to
Page 238
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.
21. 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 nearby existing ranchettes and animal privilege
private properties that may cause adverse noise, odors, dust, and other
externalities 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. The disclosures shall be noted in the CC&Rs in a section
titled “nuisances”.
22. 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.
23. 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.
24. 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.
25. 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 7th day of February,
2024.
Page 239
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)
Page 240
EXHIBIT A
LEGAL DESCRIPTION FOR Z-48-22-7
Parcel No. 1:
The South half of the Northeast quarter of the Southeast quarter of Section 34,
Township 1 North, Range 2 East of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona;
Except the East 33 feet; and
Except the North 330 feet, thereof.
Parcel No. 2:
That part of the North half of the Southeast quarter of the Southeast quarter of
Section 34, Township 1 North, Range 2 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona, described as follows:
Beginning at a point which is 33 feet West of the Northeast quarter of the North half
of the Southeast quarter of the Southeast quarter of said Section 34;
Thence West, 1284.40 feet to the Northwest quarter of the North half of the
Southeast quarter of the Southeast quarter of said Section 34;
Thence South 38.5 feet;
Thence Easterly, 1284.40 feet to a point which is 24.5 feet South of the Point of
Beginning;
Thence North 24.5 feet to the Point of Beginning;
Except from Parcels 1 and 2, described above, the property described in Agreement
recorded in Docket 11047, page 417, Maricopa County Records, described as
follows:
The West half of Parcels A and B, described as follows:
Parcel A:
The South half of the Northeast quarter of the Southeast quarter of Section 34,
Township 1 North, Range 2 East of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona;
Except the East 33 feet; and
Except the North 330 feet, thereof.
Parcel B:
That part of the North half of the Southeast quarter of the Southeast quarter of
Section 34, Township 1 North, Range 2 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona, described as follows:
Beginning at a point which is 33 feet West of the Northeast quarter of the North half of
the Southeast quarter of the Southeast quarter of said Section 34;
Thence West, 1284.40 feet to the Northwest quarter of the North half of the
Page 241
Southeast quarter of the Southeast quarter of said Section 34; Thence South 38.5
feet;
Thence Easterly, 1284.40 feet to a point which is 24.5 feet South of the point of
beginning;
Thence North 24.5 feet to the point of beginning; and
Except from Parcels 1 and 2, described above, any portion, if any, lying within the
property described in Agreement recorded in Docket 13673, page 1172, Maricopa
County Records, described as follows:
Beginning at the Northwest corner of the Southeast quarter of the Southeast quarter
of said Section 34;
Thence North, along the West line of the Northeast quarter of the Southeast quarter
of said Section 34, 168.62 feet;
Thence East, along a line which is parallel to the North line of said Northeast quarter
of the Southeast quarter of Section 34, 642.2 feet;
Thence South, along a line which is parallel to the West line of said Northeast quarter
of the Southeast quarter of Section 34, 199.99 feet to a point which lies 31.27 feet
South of the South line of said Northeast quarter of the Southeast quarter of Section
34;
Thence Westerly, on a direct line, to a point on the West line of the Southeast quarter of
the Southeast. Quarter of said Section 34;
Thence North, along the West line of the Southeast quarter of the Southeast quarter
of said Section 34, 38.5 feet to the Point of Beginning;
EXCEPT the portion Deed to Maricopa County, a political subdivision of the State
of Arizona, by Final Order of Condemnation recorded February 12, 2013 as
2013-0139226 of Official records described as follows:
A parcel of land lying with in Section 34, Township 1 North, Range 2 East of the
Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly
descried as follows:
Commencing at the East quarter corner of said Section 34, a Maricopa County
Department of Transportation brass cap in handhold, from which the Southeast
corner of said Section, a City of Phoenix brass cap in handhole, bears South
00°46'33" West (basis of bearing), a distance of 2630.80 feet;
Thence along the East line of said Section, South 00°46'33" West, a distance of
988.23 feet;
Thence leaving said East line, North 89°13'27" West, a distance of 33.00 feet to the
Northeast corner of that certain parcel of land described in Document No. 2006-
0396656, Maricopa County Records (M.C.R.) the West line of the East 33 feet to the
Page 242
Point of Beginning;
Thence along the West line and the Easterly line of the certain parcel, South
00°46'33" West, a distance of 352.16 feet, to the Southeast corner of said certain
parcel;
Thence leaving said West, a distance of 22.01 feet to the West line of the East 55
feet of said Section 34;
Thence leaving said Southerly line, along said West line North 00°46'33" East, a
distance of 352.40 feet, to the Northerly line of said certain parcel;
Thence leaving said West line, along said Northerly line, North 89°55'04" East, a
distance of 22.00 feet to the Point of Beginning.
Page 243
Page 244
Report
Supporting documents
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View on Agenda Online ↗
Item text
Approximately 520 Feet South of the Southwest Corner of Central Avenue and
Tamarisk Avenue (Ordinance G-7229)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-5 SPVTABDO (Multifamily Residence District, South Phoenix Village and Target
Area B Design Overlay District) and C-3 SPVTABDO (General Commercial, South
Phoenix Village and Target Area B Design Overlay District) to WU Code T5:2
SPVTABDO (Walkable Urban Code, Transect T5:2 District, South Phoenix Village and
Target Area B Design Overlay District) to allow automobile parts and supplies retail.
Summary
Current Zoning: R-5 SPVTABDO (0.90 acres) and C-3 SPVTABDO (1.76 acres)
Proposed Zoning: WU Code T5:2 SPVTABDO
Acreage: 2.66
Proposal: Automobile parts and supplies retail
Owner: AutoZone Parts Inc. c/o Michael Caylor
Applicant/Representative: Ed Bull, Burch & Cracchiolo, P.A.
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The South Mountain Village Planning Committee heard this case on Dec.
12, 2023, and recommended approval, per the staff recommendation, with an
additional stipulation, by a vote of 11-0.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the South Mountain Village Planning Committee
recommendation, by a vote of 7-0.
Location
Approximately 520 feet south of the southwest corner of Central Avenue and Tamarisk
Avenue
Council District: 7
Parcel Address: 4832 S. Central Ave.
Page 245
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 246
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-57-23-7) FROM R-5 SPVTABDO (MULTIFAMILY
RESIDENCE DISTRICT, SOUTH PHOENIX VILLAGE AND
TARGET AREA B DESIGN OVERLAY DISTRICT) AND C-3
SPVTABDO (GENERAL COMMERCIAL, SOUTH PHOENIX
VILLAGE AND TARGET AREA B DESIGN OVERLAY DISTRICT)
TO WU CODE T5:2 SPVTABDO (WALKABLE URBAN CODE,
TRANSECT T5:2 DISTRICT, SOUTH PHOENIX VILLAGE AND
TARGET AREA B DESIGN OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.66-acre site located approximately 520 feet
south of the southwest corner of Central Avenue and Tamarisk Avenue in a portion of
Section 29, Township 1 North, Range 3 East, as described more specifically in Exhibit
“A,” is hereby changed from 0.90-acres of R-5 SPVTABDO (Multifamily Residence
District, South Phoenix Village and Target Area B Design Overlay District) and 1.76
acres of C-3 SPVTABDO (General Commercial, South Phoenix Village and Target Area
B Design Overlay District) to WU Code T5:2 SPVTABDO (Walkable Urban Code,
Page 247
Transect T5:2 District, South Phoenix Village and Target Area B Design Overlay
District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
2. A minimum of one pedestrian pathway shall be provided to connect the building
entrance and public sidewalk using the most direct route for pedestrians and
shall be shaded by a structure, minimum 2-inch caliper trees, or a combination
thereof, to achieve 75% shade as approved by the Planning and Development
Department.
3. A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
4. A minimum five-foot-wide landscape setback shall be provided along the west
side of the site and shall be planted to the following standards, as approved by
the Planning and Development Department.
a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant
shade trees planted 20 feet on center or equivalent groupings.
b. Native cacti or similar plants to achieve a minimum of 75% live coverage.
Where fire lane conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution.
Page 248
5. A minimum four-foot-wide landscape setback shall be provided on the north
portion of the site and shall be planted with native cacti or similar plants, as
approved by the Planning and Development Department.
6. Site lighting shall be provided at building entrances/exits, parking areas, and
refuse areas, as approved by the Planning and Development Department.
7. A minimum of 10% of the required parking spaces shall be EV installed.
8. A minimum of two of the required bicycle parking spaces shall include standard
electrical receptacles for electric bicycle charging capabilities, as approved by
the Planning and Development Department.
9. A publicly accessible bicycle repair station (“fix it station”) shall be provided and
maintained on site near a primary site entrance. 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, but not be limited to:
a. Standard repair tools affixed to the station;
b. A tire gauge and pump affixed to the based of the station or the ground;
c. A bicycle repair stand which allows pedals and wheels to spin freely
while making adjustments to the bike.
10. Bicycle parking spaces shall be shaded by a structure, landscaping, or a
combination thereof to provide a minimum of 75% shade, as approved by the
Planning and Development Department.
11. All uncovered surface parking lot areas shall be landscaped with drought
tolerant shade trees with one tree provided for every eight vehicular parking
spaces, as approved by Planning and Development Department.
12. The existing northernmost access point on Central Avenue shall be removed, if
the site is completely redeveloped in the future, as approved by the Planning
and Development Department.
13. A minimum of 55 feet of right-of-way shall be dedicated for the west half of
Central Avenue, adjacent to the development.
14. A minimum 10-foot-wide landscape strip located between the back of curb and
sidewalk and minimum 6-foot wide sidewalk shall be constructed, as approved
by the Planning and Development Department.
15. All existing electrical utilities within the public right-of-way shall be
undergrounded, adjacent to the development. The developer shall coordinate
Page 249
with the affected utility companies for their review and permitting.
16. All streets within and adjacent to the development shall be constructed 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. There shall be no fencing along the south perimeter of the property, 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 7th day of February,
2024.
Page 250
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 251
EXHIBIT A
LEGAL DESCRIPTION FOR Z-57-23-7
THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTER LINE OF CENTRAL AVENUE, 33.00
FEET WEST AND 1515.88 FEET SOUTH OF THE NORTH QUARTER CORNER OF
SAID SECTION 29;
THENCE NORTH 89 DEGREES 56 MINUTES 24 SECONDS EAST 46.00 FEET TO
THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 56 MINUTES 24 SECONDS EAST 404.94 FEET;
THENCE SOUTH 00 DEGREES 03 MINUTES 36 SECONDS EAST 193.01 FEET;
THENCE SOUTH 89 DEGREES 56 MINUTES 24 SECONDS WEST 0.56 FEET;
THENCE SOUTH 00 DEGREES 03 MINUTES 36 SECONDS WEST 154.04 FEET;
THENCE SOUTH 89 DEGREES 56 MINUTES 24 SECONDS WEST 215.38 FEET;
THENCE NORTH 00 DEGREES 03 MINUTES 36 SECONDS WEST 154.04 FEET;
THENCE NORTH 89 DEGREES 56 MINUTES 24 SECONDS EAST 189.00 FEET TO A
POINT ON THE R/W LINE OF CENTRAL AVENUE;
THENCE NORTH 00 DEGREES 03 MINUTES 36 SECONDS WEST 193.01 FEET TO
THE POINT OF BEGINNING.
Page 252
Page 253
Report
Supporting documents
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Item text
Approximately 1,170 Feet West of the Southwest Corner of 35th Glen and
Dobbins Road (Ordinance G-7228)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-10 (Single-Family Residence District) to R-2 (Multifamily Residence District) to
allow multifamily residential.
Summary
Current Zoning: R1-10
Proposed Zoning: R-2
Acreage: 7.18
Proposed Use: Multifamily residential
Owner: RG LIV Laveen, LLC c/o Mark Singerman
Applicant/Representative: Brennan Ray, Burch and Cracchiolo, PA
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Laveen Village Planning Committee continued this case on Nov. 13,
2023, by a vote of 7-1. The Laveen Village Planning Committee heard this case on
Dec. 11, 2023, and recommended approval, per the staff recommendation with a
modification and additional stipulations, by a vote of 5-2.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the staff memo, by a vote of 7-0.
Location
Approximately 1,170 feet west of the southwest corner of 35th Glen and Dobbins Road
Council District: 8
Parcel Address: 3737 W. Dobbins Road
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 254
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-55-23-8) FROM R1-10 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO R-2 (MULTIFAMILY RESIDENCE
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 7.18-acre property located approximately
1,170 feet west of the southwest corner of 35th Glen and Dobbins Road in a portion of
Section 10, Township 1 South, Range 2 East, as described more specifically in Exhibit
“A,” is hereby changed from “R1-10” (Single-Family Residence District) to “R-2”
(Multifamily Residence District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 255
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. The development layout shall be in general conformance with the site plan date
stamped October 25, 2023, as modified by the following stipulations and
approved by the Planning and Development Department.
2. A minimum of 25% of the building elevations visible from public rights-of-way or
the main private drive shall contain a minimum of three different exterior accent
materials that includes metal, wood, and concrete, as approved by the
Planning and Development Department.
3. All required landscape setbacks shall be planted with minimum 2-inch caliper
large canopy, drought tolerant trees, planted 25 feet on center or in equivalent
groupings, as approved by the Planning and Development Department.
4. Landscape areas and surface retention areas shall be planted with minimum 2-
inch caliper, large canopy, drought-tolerant shade trees planted 25 feet on
center or in equivalent groupings, as approved by the Planning and
Development Department.
5. The entry driveway surface shall incorporate 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.
6. A perimeter wall no less than 6 feet in height shall be provided along the
eastern portion of the site, as approved by the Planning and Development
Department.
7. A minimum of 10% of the gross site area shall be retained as common open
space.
8. Where pedestrian walkways cross a vehicular path, the pathway shall
incorporate decorative pavers, stamped or colored concrete, striping or other
pavement treatments that visually contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
9. All uncovered surface parking lot area shall be landscaped with minimum 2-
inch caliper, single trunk, large canopy, drought tolerant, shade trees.
Landscaping shall be dispersed throughout the parking area and achieve 10%
shade, as approved by Planning and Development Department.
10. The development shall incorporate bicycle infrastructure as described below
and approved by the Planning and Development Department.
a. The developer shall provide secured bicycle parking per Section 1307 of
the Zoning Ordinance.
Page 256
b. Guest bicycle parking shall be provided at a minimum rate of 0.05 spaces
per unit, up to a maximum of 50 spaces. Parking spaces shall be provided
through Inverted U and/or artistic racks located near the community
center and/or clubhouse and open space areas and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance.
Artistic racks shall adhere to the City of Phoenix Preferred Designs in
Appendix K of the Comprehensive Bicycle Master Plan.
c. A bicycle repair station (“fix it station”) shall be provided and maintained
on site within an amenity area or near a primary site entrance. 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, but not be limited to 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.
d. Bicycle parking shall be shaded at 100%.
11. A minimum of 5% of the required parking spaces shall be EV Capable.
12. A 5-foot-wide detached sidewalk separated by a minimum 8-foot landscape
strip shall be constructed along the south side of Dobbins Road, adjacent to
the development and planted with minimum 2-inch caliper, single-trunk, large
canopy, drought-tolerant shade trees planted 25 feet on center or in equivalent
groupings. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on an alternative design solution
consistent with a pedestrian environment.
13. All existing overhead power lines along Dobbins Road shall be undergrounded.
The developer shall coordinate with the affected power company for design
and approval.
14. The developer shall submit a traffic analysis to the city for this development.
The TIA shall include turn lane analysis in conformance with the street planning
and design guidelines to determine feasibility. No preliminary approval of plans
shall be granted until the study has been approved by the Street Transportation
Department and the left-hand turn issue is resolved.
15. The speed limit inside the development shall not exceed 15 miles per hour.
16. The developer shall construct all streets adjacent to the development with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
Page 257
17. Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property or tenants within the development(s) the
existence and operational characteristics of nearby existing ranchettes and
animal privilege private properties that may cause adverse noise, odors, dust,
and other externalities. The form and content of such documents shall be
reviewed and approved by the City prior to recordation. This disclosure shall
also be provided in the leasing documents in a section titled “nuisances”.
18. 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.
19. 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.
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 7th day of February,
2024.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
Page 258
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 259
EXHIBIT A
LEGAL DESCRIPTION FOR Z-55-23-8
Located in the Northeast Quarter of Section 10, Township 1 South, Range 2 East, Gila
and Salt River Meridian, Maricopa County, Arizona. Described as follows;
Commencing at the Northwest corner of said Northeast Quarter;
Thence North 89°45'51" East, along the North line of said Northeast Quarter, a distance
of 654.62 feet to the Point of Beginning;
Thence continuing along said North line, North 89°45'51" East, a distance of 231.24
feet;
Thence departing said North line, South 00°04'02" East, a distance of 1,318.46 feet;
Thence South 89°45'26" West, a distance of 231.62 feet;
Thence North 00°03'02" West, a distance of 1,318.48 feet to the Point of Beginning.
Containing 305,134.26 square feet or 7.00 acres, more or less.
Page 260
Page 261
Report
Supporting documents
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Item text
Northeast Corner of 3rd Street and Cheery Lynn Road (Ordinance G-7232)
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-50-23-
4 and rezone the site from R1-6 (Single-Family Residence District) and R-5
(Multifamily Residence District) to WU Code T4:3 MT, (Walkable Urban Code, Transect
4:3 District, Transit Midtown Character Area) to allow townhomes.
Summary
Current Zoning: R1-6 (0.77-acres) and R-5 (0.58-acres)
Proposed Zoning: WU Code T4:3 MT
Acreage: 1.35
Proposal: Townhomes
Owner: Kris Rigsby, Rigsby, LLC
Applicant/Representative: Kristjan Sigurdsson
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on Nov. 6, 2023,
and recommended denial, by a vote of 7-4.
PC Action: The Planning Commission heard this case on Dec. 7, 2023, and
recommended approval, per the staff recommendation, by a vote of 4-1.
Location
Northeast corner of 3rd Street and Cheery Lynn Road
Council District: 4
Parcel Address: 3201 N. 3rd St. and 306, 310, 314, 316, 318, and 322 E. Cheery Lynn
Road
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 262
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-50-23-4) FROM R1-6 (SINGLE-FAMILY
RESIDENCE DISTRICT) AND R-5 (MULTIFAMILY RESIDENCE
DISTRICT) TO WU CODE T4:3 MT (WALKABLE URBAN CODE,
TRANSECT 4:3 DISTRICT, TRANSIT MIDTOWN CHARACTER
AREA).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.35 acre site located at the northeast corner
of 3rd Street and Cheery Lynn Road in a portion of Section 29, Township 2 North,
Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from
0.77-acres of “R1-6” (Single-Family Residence District) and 0.58-acres of R-5 (Multi-
Family Residence District) to “WU Code T4:3 MT” (Walkable Urban Code, Transect 4:3
District, 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.”
Page 263
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. Landscape areas within retention areas shall be planted with shrubs, accents
and vegetative groundcovers to provide a minimum of 75% live coverage at
maturity, as approved by the Planning and Development Department.
2. Bicycle infrastructure shall be provided as described below, as approved by the
Planning and Development Department.
a. A publicly accessible bicycle repair station (“fix it station”) shall be
provided and maintained adjacent to 3rd Street. 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, but not be limited to, 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.
b. A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities,
as approved by the Planning and Development Department.
3. A minimum of 10% of the required parking spaces shall include Electric Vehicle
(EV) ready infrastructure, as approved by the Planning and Development
Department.
4. The full 20-foot width of the adjacent alley shall be paved from 3rd Street to 5th
Street.
5. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be
constructed on the west side of 3rd Street, adjacent to the development, 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.
6. All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Page 264
Development Department. All improvements shall comply with all ADA
accessibility standards.
7. 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.
8. 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.
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 7th day of February,
2024.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
Page 265
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 266
EXHIBIT A
LEGAL DESCRIPTION FOR Z-50-23-4
WITHIN A PORTION OF SECTION 29, TOWNSHIP 2 NORTH, RANGE 3 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOTS 19, 20, 21, 22, 23 AND 24, BLOCK 1 OF REPLAT OF PARKER L. WOODMAN
TRACT, ACCORDING TO BOOK 6 OF MAPS, PAGE 34, RECORDS OF MARICOPA
COUNTY, ARIZONA.
Page 267
Page 268
ATTACHMENT B
Staff Report Z-50-23-4
October 24, 2023
Encanto Village Planning Committee November 6, 2023
Meeting Date:
Planning Commission Hearing Date: December 7, 2023
Request From: R1-6 (Single-Family Residence District)
(0.77 acres) and R-5 (Multifamily
Residence District (0.58 acres)
Request To: WU Code T4:3 MT (Walkable Urban
Code, Transect 4:3 District, Transit
Midtown Character Area) (1.35 Acres)
Proposal: Townhomes
Location: Northeast corner of 3rd Street and
Cheery Lynn Road
Owner: Kris Rigsby, Rigsby, LLC
Applicant/Representative: Kristjan Sigurdsson
Staff Recommendation: Approval, subject to stipulations
General Plan Conformity
General Plan Land Use Map Designation Residential 15+ dwelling units per acre
3rd Street Collector 50-foot east half street
Street Map
Classification
Cheery Lynn Road Local 30-foot north half street
CONNECT PEOPLE AND PLACES CORE VALUE; INFILL DEVELOPMENT; LAND
USE PRINCIPLE: Promote and encourage compatible infill development with a
mix of housing types in neighborhoods close to employment centers,
commercial areas, and where transit or transportation alternatives exist.
The site is located within the Midtown Transit Oriented Development (TOD) District
and is within a half mile of two light rail transit stations located at Osborn Road/Central
Avenue and Thomas Road/Central Avenue. Bus service on 7th Street is less than half
a mile to the site. The proposed multifamily development is appropriate at this location
given that the site is near multiple modes of transportation options.
Page 269
Staff Report: Z-50-23-4
October 24, 2023
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 is located within the Midtown Transit Oriented Development (TOD)
District. The Midtown TOD Policy Plan identified the site to be suitable to redevelop.
The proposal for multifamily residences is consistent with the redevelopment vision
identified in the Midtown TOD Policy Plan and will be a compatible addition to the
surrounding area.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.
The proposal provides trees and shade on both 3rd Street and Cheery Lynn Road as
well as in the amenity area which will reduce the urban heat island effect while also
improving thermal comfort to site users and the surrounding neighborhood.
Applicable Plans, Overlays, and Initiatives
Transit Oriented Development Strategic Policy Framework: Background Item No.
3.
Midtown Transit Oriented Development Policy Plan: Background Item No. 4.
Housing Phoenix Plan: Background Item No. 8.
Tree and Shade Master Plan: Background Item No. 9.
Complete Streets Guidelines: Background Item No. 10.
Transportation Electrification Action Plan: Background Item No. 11.
Comprehensive Bicycle Master Plan: Background Item No. 12.
Zero Waste PHX: Background Item No. 13.
Page 270
Staff Report: Z-50-23-4
October 24, 2023
Surrounding Land Uses and Zoning
Land Use Zoning
Single-family residences,
On Site R-5, R1-6
office and vacant parcels
North Restaurant C-2, P-1
C-1 TOD-1, C-2 H-
West (across 3rd Street) Office and parking garage
R, TOD-1
East Parking Lot P-1
South (across Cheery Lynn
Multifamily residential WU Code T5:6 MT
Road)
Walkable Urban Code *variance required or
T4:3 MT design alternative
Provisions on the
Standards Requirements
Proposed Site Plan
Gross Acreage N/A 1.35
Total Number of Units No maximum 15
Density No maximum 11.11
Building Height 40-foot maximum 27 feet (Met)
Min. Parking – Per Section 30 spaces 30 spaces (Met)
• 10% reduction when
greater than 1,320
feet of a light rail stop
Bicycle Parking – Per 4 spaces 4 spaces (Met)
Section 1307.H.6.d
• Minimum 0.25 per
residential unit, with a
maximum of 50
required spaces
Streetscape Standards (Section 1312.C)
Local Street (3rd Street) 5-foot sidewalk (minimum) 6 feet (Met)
5-foot landscape (minimum) 5 feet (Met)
Local Street (Cheery Lynn 5-foot sidewalk (minimum) 5 feet (Met)
Road)
5-foot landscape (minimum) 5 feet (Met)
Page 271
Staff Report: Z-50-23-4
October 24, 2023
Walkable Urban Code *variance required or
T4:3 MT design alternative
Provisions on the
Standards Requirements
Proposed Site Plan
Main Building Setbacks
3rd Street (Primary 20-foot maximum 4 feet 9 inches (Met)
Frontage)
Cheery Lynn Road 8-foot maximum 4 feet 6 inches (Met)
(Secondary Frontage)
(South)
Alley (North) 0-foot minimum 10 feet (Met)
Rear (East) 0-foot minimum 44 feet (Met)
Parking Setbacks
3rd Street (Primary 30-foot minimum or behind Garage parking
Frontage) building provided (Met)
Cheery Lynn Road 8-foot minimum Garage parking
(Secondary Frontage) provided (Met)
(South)
North and east 0-foot minimum Garage parking
provided (Met)
Lot Requirements
Lot Coverage 70 percent maximum 56 percent (Met)
Primary Building Frontage 60 percent minimum Not specified
(3rd Street Street)
Open Space 5 percent minimum 5 percent (Met)
Frontage Types Allowed
Primary Building Frontage Porch, patio, stoop, forecourt, Patio (Met)
(3rd Street) or alternative frontages per
Section 1305.B.1.c
Background/Issues/Analysis
SUBJECT SITE
1. The request is to rezone a 1.35-acre site located at the northeast corner of 3rd
Street and Cheery Lynn Road from 0.58 acres of R-5 (Multifamily Residence
District) and 0.77 acres of R1-6 (Single-Family Residence District) to WU Code
T4:3 MT (Walkable Urban Code, Transect 4:3 District, Transit Midtown Character
Area) to allow townhomes. The site is along the 3rd Street Improvement Project
area which will improve traffic circulation, safety, and mobility for pedestrians and
bicyclists on 3rd Street between Garfield Street and Indian School Road. The
Page 272
Staff Report: Z-50-23-4
October 24, 2023
subject site is also located approximately one-half mile southwest to the U-Haul
Headquarters and three quarters of a mile southeast of the Public Art at Central
and Thomas both of which are noted assets on the Encanto Village Character Plan
Asset Map.
GENERAL PLAN LAND USE MAP DESIGNATIONS
2. The General Plan Land Use Map depicts the subject site with a designation of
Residential 15+ dwelling units per acre. The properties to the east, north and south
have a General Plan Land Use Map designation of Residential 15+ dwelling units
per acre. The property across 3rd Street to the west has a General Plan Land Use
Map designation of Commercial. The proposal is consistent with the General Plan
Land Use Map designation.
General Plan Land Use Map; Source: Planning and Development Department
Page 273
Staff Report: Z-50-23-4
October 24, 2023
3. Transit Oriented Development Strategic Policy Framework:
The Transit Oriented Development Strategic Policy Framework is part of the city’s
General Plan which identified planning typologies to describe urban environments.
The subject site is approximately a half-mile from the Osborn Road/Central Avenue
and Thomas Road/Central Avenue light rail stations. The identified environment for
the Osborn Road/Central Avenue and Thomas Road/Central Avenue light rail
station areas is Regional Center. The Regional Center is a place type
characterized by high intensity with building heights typically from five to ten stories
with incentive heights of up to 20 stories.
Station Station Place Type
Number Location
07 Osborn Regional
Road/Central Center
Avenue
08 Thomas Road/ Regional
Central Avenue Center
TOD Strategic Policy Framework
Placetypes, Source: Planning and
Development Department
Land uses may include supportive retail, high-rise and mid-rise living, industry
cluster and office employment. The proposed transect permits a lower intensity
than the Regional Center place types and is appropriate given its half-mile distance
from those stations.
4. Midtown Transit Oriented Development Policy Plan:
The site is located within the Midtown TOD (Transit Oriented Development)
District, the boundaries for which are McDowell Road on the south, Indian School
Road on the north, 7th Street on the east, and 7th Avenue on the west. The policy
plan adopted for the Midtown TOD District provides a blueprint for fully achieving
the transformative potential of light rail in a sustainable manner. Changes
advocated in the plan can lower transportation costs for residents, create new
business opportunities, encourage active, healthy lifestyles, ensure Phoenix
increases its competitive advantage in the global marketplace and improve
prosperity by growing the economy in locations with existing infrastructure and
public services. In order to realize the implementation of the Vision and Master
Plan for the Midtown TOD District, one key recommendation is the implementation
of a form-based zoning code. The proposal to Walkable Urban Code furthers that
vision.
Page 274
Staff Report: Z-50-23-4
October 24, 2023
The Midtown TOD policy plan’s current
state assessment for housing indicated
that the area near the subject site
needs 1,048 more housing units by the
year 2035. The current proposal will
add to the housing stock in the area.
The subject site is also located within
the 3rd Street Promenade area,
envisioned to be “a destination for
pedestrians and bicyclists…the 3rd
Street Corridor is conscious of the
smaller, more personal scale of
adjacent historic neighborhoods and is
visually integrated into a historic
residential setting” (pg. 95). The
subject site’s enhanced bicycle
amenities, detached sidewalks and
lower scale are compatible with the
vision for the 3rd Street Promenade.
Midtown TOD Policy Plan Source: Planning
and Development Department
EXISTING CONDITIONS AND SURROUDING ZONING
5. The subject site currently includes single-family residences, vacant lots, and an
office. North of the subject site is a restaurant zoned C-2 (Intermediate
Commercial) and P-1 (Passenger Automobile Parking, Limited). To the west
across 3rd Street is an office and a parking structure zoned C-1 TOD-1
(Neighborhood Retail, Interim Transit-Oriented Zoning Overlay District One) and C-
2 H-R TOD-1 (Intermediate Commercial, High Rise Interim Transit-Oriented Zoning
Overlay District One) and to the east is a parking lot zoned P-1. To the south,
across Cheery Lynn Road, is a multifamily residential development zoned WU
Code T5:6 MT (Walkable Urban Code, Transect 5:6 District, Transit Midtown
Page 275
Staff Report: Z-50-23-4
October 24, 2023
Character Area).
PROPOSAL
6. The proposed T4:3 District is described as a low-intensity urban residential fabric
characterized by single-family homes, duplexes, single-family attached and small
multifamily developments, averaging 30 to 40 feet in height. As shown on the site
plan attached as an exhibit, the proposed development includes three two-story
residential buildings, up to 27 feet in height. The ground level will include detached
sidewalks on both street frontages, in addition there will be bicycle parking and a
bicycle repair station. The site plan indicates a patio frontage type along 3rd Street
and automobile access along Cheery Lynn Road, and resident parking will be
provided in internal garages. The proposal includes an open space amenity area
with trees and landscaping. The following is a conceptual rendering of the
proposed development showing the 3rd Street frontage treatment and existing
bicycle route.
Conceptual Building Renderings, Source: K & I Homes, LLC
Stipulation No. 5 requires a detached sidewalk along the west side of 3rd Street
with an 8-foot-wide landscape area between the back of curb and sidewalk. To
foster a bicycle supportive environment along the 3rd Street corridor, bicycle
parking will be provided per the requirements of the Walkable Urban Code and a
bicycle repair station will be provided as noted in Stipulation No. 2.a.
7. Staff also recommends Stipulation No. 1 to require 75 percent live coverage within
the landscaped retention area. The conceptual landscape plan as provided below
indicates the extent of landscape treatment on the site.
Page 276
Staff Report: Z-50-23-4
October 24, 2023
Conceptual Landscape Plan, Source: K & I Homes, LLC
AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
8. Housing Phoenix Plan:
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. This
Plan contains policy initiatives for the development and preservation of housing
with a vision of creating a stronger and more vibrant Phoenix through increased
housing options for residents at all income levels and family sizes. Phoenix’s rapid
population growth and housing underproduction has led to a need for over 163,000
new housing units. Current shortages of housing supply relative to demand are a
primary reason why housing costs are increasing. The proposed development
supports the Plan’s goal of preserving or creating 50,000 housing units by 2030 by
providing and contributing to a variety housing types that will address the supply
shortage at a more rapid pace. The proposed multifamily development supports
the goal of providing more housing units by 2030.
9. Tree and Shade Master Plan:
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached from
the curbs to allow trees to be planted on both sides of the sidewalk to provide
thermal comfort for pedestrians and to reduce the urban heat island effect. The
proposal, as stipulated, will create a streetscape environment with a shaded and
detached sidewalk and the retention area landscaping will include shade trees and
shrubs. These are addressed in Stipulation Nos. 1 and 5.
Page 277
Staff Report: Z-50-23-4
October 24, 2023
10. Complete Streets Guidelines:
The City of Phoenix City Council adopted the Complete Streets Guiding Principles.
The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. The proposed development, as
stipulated, will support walking, bicycling, and transit-use by including bicycle
parking on the site, by including a bicycle repair (fix it) station to help patrons keep
their bikes in a state of good repair, and by constructing a shaded and detached
sidewalk along 3rd Street and Cheery Lynn Road. These are addressed in
Stipulation Nos. 2 and 5.
11. Transportation Electrification Action Plan:
In, the Phoenix City Council approved the Transportation Electrification Action
Plan. The current market desire for the electrification of transportation is both a
national and global phenomenon, fueled by a desire for better air quality, a
reduction in carbon emissions, and a reduction in vehicle operating and
maintenance costs. Businesses, governments and the public are signaling strong
future demand for electric vehicles (EVs), and many automobile manufacturers
have declared plans for a transition to fully electric offerings within the coming
decade. This Plan contains policy initiatives to prepare the City for a future filled
with more EVs, charging infrastructure and e-mobility equity, and outlines a
roadmap for a five-step plan to prepare for the EV infrastructure needs of 280,000
EVs in Phoenix by 2030. One goal of the Plan to accelerate public adoption of
electric vehicles through workplace, business, and multifamily charging
infrastructure recommends a standard stipulation for rezoning cases to provide EV
charging infrastructure. This is addressed in Stipulation No. 3 which requires a
minimum 10 percent of the required parking spaces to be EV ready. Additionally,
Stipulation No. 2.b. requires electrical receptacles for 10 percent of the required
secured bicycle parking to encourage micromobility.
12. 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.
As stipulated, the development will provide a bicycle repair station and bicycle
parking spaces per the requirements of Section 1307.H. of the Phoenix Zoning
Ordinance. This is addressed in Stipulation No. 2. a.
Zero Waste Phoenix:
13. 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
Page 278
Staff Report: Z-50-23-4
October 24, 2023
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 proposed conceptual site plan shows recycling bins
located in the alley and the project information notes recycling will be consistent
with City of Phoenix requirements.
COMMUNITY CORRESPONDENCE
14. As of the writing of this report, no community correspondence has been received.
INTERDEPARTMENTAL COMMENTS
15. The Street Transportation Department requires that the alley between 3rd Street
and 5th Street to be paved, that a minimum five-foot-wide detached sidewalk along
3rd Street be provided with a minimum eight-foot-wide landscape strip, and that all
street improvements be constructed to City and ADA standards. These are
addressed in Stipulation Nos. 4 through 6.
OTHERS
16. This site is not located in an area identified as being archaeologically sensitive.
However, in the event archaeological materials are encountered during
construction, ground-disturbing must cease to allow the Archaeology Office time to
assess the development. This is addressed in Stipulation No. 8.
17. The Aviation Department requires that the property owner record a Notice to
Prospective Purchasers of Proximity to Airport in order to disclose the existence,
and operational characteristics of City of Phoenix Sky Harbor International Airport
(PHX) to future owners or tenants of the property. This is addressed in Stipulation
No 7.
18. Development and use of the site are 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. This proposal is consistent with the General Plan Land Use Map designation and
several land use and design principles.
2. The proposal will redevelop an underutilized property and provide a high quality
multifamily residential development which will help alleviate the housing shortage
Page 279
Staff Report: Z-50-23-4
October 24, 2023
in Phoenix and is consistent with the Midtown TOD Policy Plan designation as a
site suitable for redevelopment.
3. As stipulated, the proposal provides enhanced pedestrian and bicycle amenities
consistent with the Midtown TOD Policy Plan, Comprehensive Bicycle Master
Plan, Tree and Shade Master Plan and the Complete Streets Guiding Principles.
Stipulations:
1. Landscape areas within retention areas shall be planted with shrubs, accents
and vegetative groundcovers to provide a minimum of 75% live coverage at
maturity, as approved by the Planning and Development Department.
2. Bicycle infrastructure shall be provided as described below, as approved by
the Planning and Development Department.
a. A publicly accessible bicycle repair station (“fix it station”) shall be
provided and maintained adjacent to 3rd Street. 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, but not be limited to, 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.
b. A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities,
as approved by the Planning and Development Department.
3. A minimum of 10% of the required parking spaces shall include Electric Vehicle
(EV) ready infrastructure, as approved by the Planning and Development
Department.
4. The full 20-foot width of the adjacent alley shall be paved from 3rd Street to 5th
Street.
5. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be
constructed on the west side of 3rd Street, adjacent to the development, 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
Page 280
Staff Report: Z-50-23-4
October 24, 2023
creation of a comfortable pedestrian environment.
6. All streets within and adjacent to the development shall be constructed 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.
7. 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.
8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
Writer
John Roanhorse
October 24, 2023
Team Leader
Racelle Escolar
Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped August 1, 2023
Conceptual Building Elevations date stamped August 1, 2023
Conceptual Landscape Plan dated September 1, 2023
Page 281
P-2* C-1
C-1* R-O R-O*
C-O Z-38-00
Z-35-87 Z-303-84
Z-111-87
C-O H-R
C-1 M-R * C-O*
*
Z-315-83
Z-50-88 Z-95-84 R-O R1-6
P-2 Z-315-83
M C-1
C-2
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IS
C-O/G-O
LEXING
TON AV
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DR P-1 Z-112-01
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Z-93-96
C-O * Z-78-82 Z-11-17 R-5
R-5 FLOWER ST
P-1 C-1 C-2 C-O*
Z-8-12
P-1 R1-6 Z-189-80
Z-152-84
MONTEREY WAY
Transit Overlay C-1 *
District Z-196-87 P-1
5TH ST
(TOD-1) R1-6
R-5 R1-6
3RD ST
P-1* P-1
Z-120-07
C-2 C-2 WU
1ST PL
H-R* H-R * T5:6 MT* R-5 H-R
Z-224-84
Z-176-85 Z-SP-21-93 Z-12-17
EARLL DR
C-1 R-5 R-4
2ND ST
C-1 H-R SP
P-2 * R-5 Z-SP-15-88
H-R *
Z-55-71
WU Code * C-2 H-R * R1-6
Z-77-06
T6:15 MT
Z-67-20 Z-116-96
IMiles
Gr a
nd C
a n al Z-50-23
INDIAN SCHOOL RD
0.045 0.0225 0 0.045
ENCANTO VILLAGE THOMAS RD
CITY COUNCIL DISTRICT: 4
MC DOWELL RD
I-17
SR 51
19TH AVE
CENTRAL AVE
7TH AVE 7TH ST
16TH ST 24TH ST
APPLICANT'S NAME: REQUESTED CHANGE:
Kristjan Sigurdsson
FROM:
R-5 ( 0.58 ac.)
APPLICATION NO. DATE:
8/9/2023 R1-6 ( 0.77 ac.)
Z-50-23 REVISION DATES:
10/13/2023
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.35 Acres QS 15-28 G-8 TO: WU Code T4:3 MT ( 1.35 ac.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5, R 1-6 25, 4 30, 5
WU Code T4:3 MT No Maximum N/A
* Maximum Units Allowed with P.R.D. Bonus Page 282
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-50-23.mxd
P-2* C-1
C-1* R-O R-O*
C-O Z-38-00
Z-35-87 Z-303-84
Z-111-87
C-O H-R
C-1 M-R * C-O*
*
Z-315-83
Z-50-88 Z-95-84 R-O R1-6
P-2 Z-315-83
M C-1
C-2
O
RR MULBERRY ST
IS
C-O/G-O
LEXING
TON AV
E
DR P-1 Z-112-01
UR*
R-4 *
Z-93-96
C-O * Z-78-82 Z-11-17 R-5
R-5 FLOWER ST
P-1 C-1 C-2 C-O*
Z-8-12
P-1 R1-6 Z-189-80
Z-152-84
MONTEREY WAY
Transit Overlay C-1 *
District Z-196-87 P-1
5TH ST
(TOD-1) R1-6
R-5 R1-6
3RD ST
P-1* P-1
Z-120-07
C-2 C-2 WU
1ST PL
H-R* H-R * T5:6 MT* R-5 H-R
Z-224-84
Z-176-85 Z-SP-21-93 Z-12-17
EARLL DR
C-1 R-5 R-4
2ND ST
C-1 H-R SP
P-2 * R-5 Z-SP-15-88
H-R *
Z-55-71
WU Code * C-2 H-R * R1-6
Z-77-06
T6:15 MT
Z-67-20 Z-116-96 Maricopa County Assessor's
IMiles
Gr a
nd C
a n al Z-50-23
INDIAN SCHOOL RD
0.045 0.0225 0 0.045
ENCANTO VILLAGE THOMAS RD
CITY COUNCIL DISTRICT: 4
MC DOWELL RD
I-17
SR 51
19TH AVE
CENTRAL AVE
7TH AVE 7TH ST
16TH ST 24TH ST
APPLICANT'S NAME: REQUESTED CHANGE:
Kristjan Sigurdsson
FROM:
R-5 ( 0.58 ac.)
APPLICATION NO. DATE:
8/9/2023 R1-6 ( 0.77 ac.)
Z-50-23 REVISION DATES:
10/13/2023
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.35 Acres QS 15-28 G-8 TO: WU Code T4:3 MT ( 1.35 ac.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5, R 1-6 25, 4 30, 5
WU Code T4:3 MT No Maximum N/A
* Maximum Units Allowed with P.R.D. Bonus Page 283
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-50-23.mxd
Page 284
Page 285
PROJECT TEAM PROJECT INFORMATION
CHEERY TOWN HOMES OWNER/ DEVELOPER ARCHITECT LANDSCAPE ARCHITECT ADDRESS: 3201 N 3RD STREET, PHOENIX, AZ., 65012
K&I HOMES. LLC WERK I URBAN DESIGN ZONING· WU T4;2 MT
RIGSBY, LLC
6521 N 4TH ST 7520 E. 2ND STREET A.P.N.: 118-22-133/134/1351136/137/138 (6 PARCELS TO BE COMBINED)
3201 N 3RD STREET 7340 E MAIN ST #107
PHOENIX, AZ.. 85012 SUITE 1004. GROSS AREA 52,845 $0. FT
SCOTTSDALE. AZ. 85251
CONTACT: KRIS RIGSBY CONTACT: KRIST JAN StGUROSSON SCOTTSDALE, AZ. 85251 NET AREA 37,581 SO. FT
PHOENIX, AZ, 85012 PHONE: (480) 628-2040 PHONE: (602) 505--2525 CONTACT: JESSE WESTAD
EMAIL: KRJ50PAXTONALCOM EMAIL: KRISTJANS@KANDlHOMES.COM PHONE: (602) 429-9922
EMAIL: JESSECWERKURBANDESIGN.COM
A.P,N,: 118-22-120
r, ZONING: R1-6
EXSTOFFICE
I \
VICINITY MAP
CITY OF PHOENIX
N.T.S
L-' O _____________ L __ ALLEY____________ O ------- O -----
'"' PROJECT NARRATIVE !
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TRANSFORMER THREE • TWO STORY BUILDINGS WITH 5 TOWNHOMES EACH !
UNITS ARE STRUCTURALLY ATTACHED WITHOUT ELEVATOR
'
TYPE 10 PER TRD 00372, NO TYPE A OR B UNITS
EXSTSTREET
I P.O.RKING
LEGAL DESCRIPTION
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GARAGE GAAAGe PARKER L WOODMAN TRACT, ACCORDING TO BOOK 6 OF
MAPS, PAGE 34, RECORDS OF MARICOPA COUNTY. ARIZONA
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Page 286
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ZONING: WU T4:2
TREES BOTANICAL I COMMON NAME PLANTING SIZE HEIGHT WIDTH MATURE SIZE ACCENTS & GRASSES BOTANICALICOMMON NAME SIZE GROUNOCOVER & SHRUBS BOTANICAL I COMMON NA-..,E SIZE � _ '==----==---cc=:'_J
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Pistada X 'Red Push" 1.0"-1.5" 7.0·.9_0· 2.5"-35' 2s·x2s·
0 Desert Milkweed Desert Marigold
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Prosopisvelutina 1.0"-1.5" 0 Candelilla Red Bird of Paradise
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1111 0 Texas Mountain laurel
32 51 Portulacana afra Sgal
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ATTACHMENT C
Village Planning Committee Meeting Summary
Z-50-23-4
Date of VPC Meeting November 6, 2023
Request From R1-6 and R-5
Request To WU T4:3 MT
Proposal Townhomes
Location Northeast corner of 3rd Street and Cheery Lynn Road
VPC Recommendation Denial
VPC Vote 7-4
VPC DISCUSSION:
One member of the public registered in opposition, wishing to speak.
STAFF PRESENTATION:
John Roanhorse, staff provided an overview of the proposal including the history,
context, location, size, applicable policy areas, existing and the proposed zoning and
General Plan designation and the surrounding land uses. Mr. Roanhorse displayed the
site plan, building elevations, conceptual plans and anticipated streetscape
improvements. Mr. Roanhorse presented the staff analysis and findings. Mr. Roanhorse
noted that staff recommended approval of the proposal with stipulations.
APPLICANT PRESENTATION:
Kristjan Sigurdsson with K&I Homes, LLC introduced himself and provided
background information on the multifamily development. Mr. Sigurdsson discussed the
rezoning request noting the existing location and context of the area. Mr. Sigurdsson
noted the existing residences and streetscape characteristics of the area and provided
details on the proposals design, square footage and architectural style. Mr. Sigurdsson
displayed conceptual drawings to show existing building colors, landscaping, driveways,
and garage parking from various views. Mr. Sigurdsson stated the development would
include three buildings each with five units at with a height of two stories. Mr.
Sigurdsson said that each unit would have a two-car garage and guest parking would
be accommodated on the street. Mr. Sigurdsson stated that the buildings have a
farmhouse with a midcentury influence and draws on some features from the
surrounding buildings. Mr. Sigurdsson stated that open space would be provided in a
landscaped courtyard area off Cherry Lynn Road which will also be an entry feature to
two of the buildings.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 287
Encanto Village Planning Committee Meeting Summary
Z-50-23-4
November 6, 2023
QUESTIONS FROM THE COMMITTEE:
Committee Member George asked about the price point for the residential units. Mr.
Sigurdsson responded that the units would be rental units and would not be for sale.
Committee Member Jewett asked about existing homes on the proposed development
site and if the applicant was aware of the residential price point. Mr. Sigurdsson
responded that he was not certain but could consider the land value for the location and
the homes were older and deteriorating.
Committee Member Jewett asked about bicycle parking in the development and noted
there are individual unit patios. Mr. Sigurdsson responded that each unit does have a
garage to store bicycles and there will be guest bicycle parking on 3rd Street and near
the entry on Cherry Lynn Road which is more than is required. Mr. Sigurdsson stated
that development will also include electric vehicle available parking in the garages as
stipulated. Committee Member Jewett asked if the development would include recycling
service for the residents. Mr. Sigurdsson responded that recycling service will be
available, and pickup will be provided from the alley.
Committee Member Perez asked the applicant how they will respond to the
stipulations and how the site will be accessed and where curb cuts will be made. Mr.
Sigurdsson responded that there are curb cuts for every lot along 3rd Street which will
be reduced to two. Committee Member Perez asked about access from the alley along
the north side of the property. Mr. Sigurdsson responded there will be a wall along the
alley which will be paved as part of the development which will allow automobile access
from the alley to 3rd Street. Committee Member Perez asked about stormwater
management and if there will be underground retention on the site. Mr. Sigurdsson
responded that the site would accommodate first flush requirements and a 20-foot-wide
retention is included on the east side of the development. Mr. Sigurdsson stated that the
retention area will include shade coverage which is stipulated and addressed each of
the stipulations. Committee Member Perez asked about the utility connections for the
existing single-family residences. Mr. Sigurdsson responded that each existing home
has utility access from the street.
Committee Member Schiller asked about the proposal’s unit price and what the
anticipated rental rates may be. Mr. Sigurdsson responded that this is not known
considering how long construction may take and possible market changes. Committee
Member Schiller asked if the proposal was a fully gated community. Mr. Sigurdsson
responded that there are gates for access to the two buildings from the street and alley
and there are security concerns in the neighborhood.
Acting Chair Kleinman noted that the development would be available as rental units
and was that a consideration in determining the density. Mr. Sigurdsson responded
that the intent was to build townhomes with garaged parking and the proposed design
was the most responsive for the area.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 288
Encanto Village Planning Committee Meeting Summary
Z-50-23-4
November 6, 2023
Committee Member Schiller asked if the units were three bedrooms and if a family
had more than two cars where would they be expected to park. Mr. Sigurdsson
responded that it is unlikely that rental residents would have more than two cars.
PUBLIC COMMENTS:
Dale Barr introduced himself and noted he has been a resident of Midtown for 30 years.
Mr. Barr stated that he has seen various townhomes developed in the area with
increased street parking that is not being counted and it is assumed that residents will
park in their dedicated spaces. Mr. Barr stated this is typically not what happens and
residents park on the street and new developments should include driveways. Mr. Barr
said that a new townhouse in the area was constructed with garages and the residents
do park on the street. Mr. Sigurdsson responded that each unit has garage parking for
residents. Acting Chair Kleinman stated that with developments that include garages
they are frequently used for storage and residents end up parking on the street and
asked if they were considering how parking would be accommodated. Mr. Sigurdsson
responded the residents will park in their designated garages which are about 500
square feet that can accommodate storage and parking.
APPLICANT RESPONSE:
Mr. Sigurdsson stated he had no additional comments in response to the public
comments.
COMMITTEE DISCUSSION:
Committee Member Perez respectfully stated that she was concerned with the
applicants’ response to the public’s concern about who lives in the community, and
which may not be responsive to future residents. Committee Member Perez asked the
applicant how much experience they have because there is some concern with the
aesthetics of the development, and it does not fit into the neighborhood and does not
accommodate the housing group and the proposal will not do much for the local
community. Mr. Sigurdsson expressed an apology for any unintended information and
stated his experience with a development on 12th Street and Highland Avenue, a 34-
unit development and several multifamily projects in other parts of the city and in
Tempe, Scottsdale, and Gilbert. Committee Member Perez asked about the aesthetic of
the development and how they came up with the design for the area. Mr. Sigurdsson
stated the development did respond to the area and design can be a matter of opinion
and the area does have various architectural styles. Committee Member Perez asked if
the applicant conducted any outreach to the community. Mr. Sigurdsson responded that
they did conduct an outreach meeting but only one person attended who was in favor of
the proposal. Committee Member Perez asked if any variances would be required for
the design. Mr. Sigurdsson responded that no variances would be required.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 289
Encanto Village Planning Committee Meeting Summary
Z-50-23-4
November 6, 2023
Committee Member Procaccini asked if the developer owns the existing single-family
homes where the new units will be developed and do the current tenants have leases.
Mr. Kristopher Rigsby, the project owner and developer, responded that the residents
are on a month-to-month basis. Committee Member Procaccini noted that with the
housing shortage is there a schedule for moving forward. Mr. Rigsby responded that
with all the drawings and requirements activity would not begin until late 2024. Mr.
Sigurdsson stated that residents would not be forced to move, and they are aware of
the proposed development.
Acting Chair Kleinman asked if the Committee was ready to proceed with a motion on
the proposed case and no other questions were stated.
Motion
Committee Member Jayson Matthews motioned to recommend denial of Z-50-23-4
stating there were two issues: first, that the development is intended to be a rental
property not owner-occupied property which is a concern, and second, parking will
impact the local neighborhood. Committee Member G. G. George seconded the
motion.
Vote
7-4; motion to recommend denial of Z-50-23-4 passes with Committee Members
Doescher, George, Jewett, Matthews, Perez, Schiller, and Montaño Searles in favor;
with Committee Members Cardenas, Procaccini, Tedhams and Kleinman opposed.
STAFF COMMENTS REGARDING VPC RECOMMENDATIONS:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 290
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
December 7, 2023
ITEM NO: 8
DISTRICT NO.: 4
SUBJECT:
Application #: Z-50-23-4
Location: Northeast corner of 3rd Street and Cheery Lynn Road
From: R-5 and R1-6
To: WU Code T4:3 MT
Acreage: 1.35
Proposal: Townhomes
Applicant: Kristjan Sigurdsson
Owner: Kris Rigsby, Rigsby, LLC
Representative: Kristjan Sigurdsson
ACTIONS:
Staff Recommendation: Approval, subject to stipulations.
Village Planning Committee (VPC) Recommendation:
Encanto 11/6/2023 Denial. Vote: 7-4.
Planning Commission Recommendation: Approval, per the staff recommendation.
Motion Discussion: N/A
Motion details: Commissioner Boyd made a MOTION to approve Z-50-23-4, per the staff
recommendation.
Maker: Boyd
Second: Acting Vice-Chairperson Mangum
Vote: 4-1 (Perez)
Absent: Gaynor and Gorraiz
Opposition Present: No
Findings:
1. This proposal is consistent with the General Plan Land Use Map designation and
several land use and design principles.
2. The proposal will redevelop an underutilized property and provide a high quality
multifamily residential development which will help alleviate the housing shortage in
Phoenix and is consistent with the Midtown TOD Policy Plan designation as a site
suitable for redevelopment.
3. As stipulated, the proposal provides enhanced pedestrian and bicycle amenities
consistent with the Midtown TOD Policy Plan, Comprehensive Bicycle Master Plan,
Tree and Shade Master Plan and the Complete Streets Guiding Principles.
Page 291
Stipulations:
1. Landscape areas within retention areas shall be planted with shrubs, accents, and
vegetative groundcovers to provide a minimum of 75% live coverage at maturity, as
approved by the Planning and Development Department.
2. Bicycle infrastructure shall be provided as described below, as approved by the
Planning and Development Department.
a. A publicly accessible bicycle repair station (“fix it station”) shall be provided and
maintained adjacent to 3rd Street. 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, but not be limited to,
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.
b. A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities,
as approved by the Planning and Development Department.
3. A minimum of 10% of the required parking spaces shall include Electric Vehicle (EV)
ready infrastructure, as approved by the Planning and Development Department.
4. The full 20-foot width of the adjacent alley shall be paved from 3rd Street to 5th Street.
5. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be constructed on
the west side of 3rd Street, adjacent to the development, 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.
6. All streets within and adjacent to the development shall be constructed 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.
7. 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.
8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33- foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.
Page 292
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Item text
-7 - Southwest Corner of the 78th Avenue and Alta Vista Road alignments
(Resolution 22182)
Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
resolution if approved. Request to amend the General Plan Land Use Map designation
on 18.96 acres from Residential 3.5 to 5 dwelling units per acre, Commerce / Business
Park, and Parks/Open Space - Publicly Owned to Residential 3.5 to 5 dwelling units
per acre. This item is a companion case to Z-56-23-7 and must be heard first, followed
by Z-56-23-7.
Summary
Application: GPA-LV-3-23-7
Current Designation: Residential 3.5 to 5 dwelling units per acre (15.85 acres),
Commerce / Business Park (2.94 acres), and Parks/Open Space - Publicly Owned
(0.17 acres)
Proposed Plan Designation: Residential 3.5 to 5 dwelling units per acre
Acreage: 18.96
Proposal: Minor General Plan Amendment for a single-family residential community
Owner: Laveen Land Holdings, LLC
Applicant/Representaive: Jennifer Hall, Rose Law Group, PC
Staff Recommendation: Approval.
VPC Action: The Laveen Village Planning Committee heard this case on Dec. 11,
2023, and recommended approval, per the staff recommendation, by a vote of 6-1.
PC Action: The Planning Commission heard the case on Jan. 4, 2024, and
recommended approval, per the Laveen Village Planning Committee recommendation,
by a vote of 7-0.
Location
Southwest corner of the 78th Avenue and Alta Vista Road alignments
Council District: 7
Parcel Address: N/A
Page 293
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 294
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION
RESOLUTION
A RESOLUTION ADOPTING AN AMENDMENT TO THE 2015
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-LV-3-23-7,
CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.
____________
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The 2015 Phoenix General Plan, which was adopted by
Resolution 21307, is hereby amended by adopting GPA-LV-3-23-7. The 18.96-acre
site located at the southwest corner of the 78th Avenue and Alta Vista Road
alignments is designated Residential 3.5 to 5 dwelling units per acre.
SECTON 2. The Planning and Development Director is instructed to
modify the 2015 Phoenix General Plan to reflect this land use classification change as
shown below:
Page 295
PASSED by the Council of the City of Phoenix this 7th day of February
2024.
MAYOR
ATTEST:
____________________________
Denise Archibald, City Clerk
Page 296
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:___________________________
___________________________
REVIEWED BY:
______________________________
Jeffrey Barton, City Manager
Page 297
ATTACHMENT B
GENERAL PLAN AMENDMENT
STAFF ANALYSIS
December 4, 2023
Application: GPA-LV-3-23-7
Applicant/Representative: Jennifer Hall, Rose Law Group, PC
Owner: Laveen Land Holdings, LLC
Location: Southwest corner of the 78th Avenue and Alta Vista
Road alignments
Acreage: 18.96 acres
Current Plan Designation: Residential 3.5 to 5 dwelling units per acre (15.85
acres), Commerce / Business Park (2.94 acres) and
Park/Open Space - Publicly Owned (0.17 acres)
Requested Plan Designation: Residential 3.5 to 5 dwelling units per acre (18.96
acres)
Reason for Requested Change: Minor General Plan Amendment for a single-family
residential community
Laveen Village Planning
Committee Meeting Date: December 11, 2023
Staff Recommendation: Approval
FINDINGS:
1) The proposed Residential 3.5 to 5 dwelling units per acre General Plan Land Use
Map designation is compatible with adjacent designations to the west and north.
2) The companion rezoning case, Z-56-23-7, proposes a development that is
consistent in scale and character with the land uses in the surrounding area to
the south and east.
Page 298
Staff Analysis
GPA-LV-3-23-7
3) The companion rezoning case, Z-56-23-7, as stipulated, provides enhanced
open space and design standards to make the proposed development a
compatible addition to the area.
BACKGROUND
The subject site is 18.96 gross acres and is located at the southwest corner of the 78th
Avenue and Alta Vista Road alignments. The subject site is currently vacant. The
companion rezoning case Z-56-23-7 is requesting to rezone the site from County RU-43
(Pending S-1) (One Acre Per Dwelling Unit, Pending Ranch or Farm Residence) to R1-
6 (Single-Family Residence District) to allow single-family residential.
This request proposes a minor amendment to the General Plan Land Use Map to allow
single-family residential uses. The proposal will modify the land use designation from
15.85 acres of Residential 3.5 to 5 dwelling units per acre, 2.94 acres of Commerce /
Business Park, and 0.17 acres of Parks/Open Space – Publicly Owned to 18.96 acres
of Residential 3.5 to 5 dwelling units per acre.
SURROUNDING LAND USES
The subject site is currently vacant. The current General Plan Land Use Map
designation for the site is Residential 3.5 to 5 dwelling units per acre, Commerce /
Business Park, and Parks/Open Space – Publicly Owned.
NORTH
North of the subject site, across the Alta Vista Road alignment, are the boundaries of
the Salt River and is designated Commerce / Business Park and Parks/Open Space –
Publicly Owned.
NORTH
North of the subject site are large lot single-family homes or ranch or farm residences
designated Residential 3.5 to 5 dwelling units per acre.
SOUTH
South of the subject site is a single-family residential development designated
Residential 2 to 3.5 dwelling units per acre.
EAST
East of the subject site is a single-family residential development designated Residential
2 to 3.5 dwelling units per acre.
WEST
West of the subject site are vacant, commercial, and single-family residential uses
designated Residential 3.5 to 5 dwelling units per acre.
Page 299
Staff Analysis
GPA-LV-3-23-7
Existing and Proposed General Land Use Designation Maps
Source: City of Phoenix Planning and Development Department
RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES
CONNECT PEOPLE AND PLACES
• 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 proposal provides a reasonable level of intensity that is respectful to local
conditions. The companion rezoning case, Z-56-23-7, includes stipulations for
enhanced elevations and open space, to ensure the proposal will be compatible
with the area’s character.
• 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.
Page 300
Staff Analysis
GPA-LV-3-23-7
The request facilitates additional housing opportunities in the Village that will help
alleviate the housing crisis.
• CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY & CHARACTER; LAND USE PRINCIPLE: Protect
residential areas from concentrations of incompatible land uses that could
change their character or destabilize land values.
The proposed rezoning case, Z-56-23-7, will develop vacant property with a
single-family residential development that is compatible with the surrounding
residential uses which will protect the area from incompatible land uses.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of GPA-LV-3-23-7. The proposed land use map designation
allows for future single-family residential development of this site that is compatible with
surrounding designations. The companion rezoning case, Z-56-23-7, as stipulated, will
require enhanced standards for elevations, open space, dedication Shared Use Path,
and pedestrian connections.
Writer
Nayeli Sanchez Luna
December 4, 2023
Team Leader
Racelle Escolar
Exhibits
Sketch Maps (2 pages)
Page 301
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-LV-3-23-7 ACRES: 18.96 +/- REVISION DATE:
VILLAGE: LAVEEN COUNCIL DISTRICT: 7
APPLICANT: Jennifer Hall
EXISTING:
Residential 3.5 to 5 du/ac ( 15.85 +/- Acres)
Commerce / Business Park ( 2.94 +/- Acres)
Parks/Open Space - Publicly Owned ( 0.17 +/- a.c.)
77TH AVE ALIGNMENT
Proposed Change Area
Residential 2 to 3.5 du/acre
Residential 3.5 to 5 du/acre
Commerce / Business Park
Parks/Open Space - Publicly Owned 75TH AVE
E E E E E
E E E E E APOLLO RD
75TH LN
E E E E E
R
76TH D
R
R ID
TE
KA RD
ST RD
YA
75TH DR
GLAS
S V INE
LN RD
REL
DAR
SHUMW
AY FARM
RD
TH
DR TH
LN
PROPOSED CHANGE:
Residential 3.5 to 5 du/ac du/ac ( 18.96 +/- Acres)
77TH AVE ALIGNMENT
Proposed Change Area
Residential 3.5 to 5 du/acre
APOLLO RD 75TH AVE
75TH LN
VINEYARD RD
GLAS
75TH DR
S LN DR
76T RD
H EL
SHUMW
AY FARM RR
RD DA
TH
DR TH
LN
Page 302
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-LV-3-23-7 ACRES: 18.96 +/- REVISION DATE:
VILLAGE: LAVEEN COUNCIL DISTRICT: 7
APPLICANT: Jennifer Hall
EXISTING:
Residential 3.5 to 5 du/ac ( 15.85 +/- Acres)
Commerce / Business Park ( 2.94 +/- Acres)
Parks/Open Space - Publicly Owned ( 0.17 +/- a.c.)
77TH AVE ALIGNMENT
Proposed Change Area
Residential 2 to 3.5 du/ac
Residential 3.5 to 5 du/ac
Commerce / Business Park
Parks/Open Space - Publicly Owned APOLLO RD 75TH AVE
76TH DR
R
TERI D
ST KA
RD RD
VINEYA
75TH DR
GLAS
S LN
D
SHUMW
AY FARM EL
RD R
TH RR
77 DA
DR TH
LN
PROPOSED CHANGE:
Residential 3.5 to 5 du/ac du/ac ( 18.96 +/- Acres)
77TH AVE ALIGNMENT
Proposed Change Area
Residential 3.5 to 5 du/ac
APOLLO RD 75TH AVE
R
TERI D
ST KA
TH RD RD
DR VINEYA
75TH DR
GL
A SS
LN
D
EL
TH R
77 RR
TH LN DA
DR
Page 303
ATTACHMENT C
Village Planning Committee Meeting Summary
GPA-LV-3-23-7
Date of VPC Meeting December 11, 2023
Request From Residential 3.5 to 5 dwelling units per acre (15.85
acres), Commerce / Business Park (2.94 acres) and
Park/Open Space - Publicly Owned (0.17 acres)
Request To Residential 3.5 to 5 dwelling units per acre (18.96
acres)
Proposal Minor General Plan Amendment for a single-family
residential community
Location Southwest corner of the 78th Avenue and Alta Vista
Road alignments
VPC Recommendation Approval
VPC Vote 6-1
VPC DISCUSSION:
Item No. 7 (GPA-LV-3-23-7) and Item No. 8 (Z-56-23-7) were heard together.
Two members of the public registered to speak on this item.
Staff Presentation:
Nayeli Sanchez Luna, staff, presented an overview of GPA-LV-3-23-7 and Z-56-23-7.
Mrs. Sanchez Luna discussed the location of the site, the requested zoning
designation, and the surrounding land uses. Mrs. Sanchez Luna provided an overview
of the proposed development including the site plan and elevations. Mrs. Sanchez
Luna concluded the presentation by summarizing the staff findings, correspondence,
providing the staff recommendation and proposed stipulations.
Applicant Presentation:
Peter Furlow, representing the applicant with Rose Law Group, provided an overview
of the proposed case. Mr. Furlow stated that the applicant has worked with the
surrounding neighborhood and the LCRD and have agreed to reduce the number of
lots and increase the open space. Mr. Furlow displayed the site plan and noted the
single-family lots that were not proposed as rentals. Mr. Furlow added that the
proposal will dedicate right-of-way on the north and east portion of the site along 78th
Avenue and Alta Vista Road alignments. Mr. Furlow concluded the presentation by
stating that they have been working with the Street Transportation Department and
that the stipulations require disclosure of surrounding ranchette uses.
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 304
Laveen Village Planning Committee
Meeting Summary
GPA-LV-3-23-7
December 11, 2023
Page 2
Questions From the Committee:
JoAnne Jensen asked for more information regarding flooding and stormwater
management. Mr. Furlow stated that the applicant has worked with the Floodplain
Management to ensure that the proposal has sufficient retention to prevent any
flooding. Ms. Jensen asked if there were future plans to open another entrance to the
site along the north. Mr. Furlow stated that they are required to dedicate a right-of-
way but that a north entrance will not be constructed until Alta Vista Road was built
out.
Chair Linda Abegg asked for more information regarding the right-of-way dedication
and improvements. Mr. Furlow explained that they would be required to dedicate a
right-of-way and improve their south half of the street. Mr. Furlow noted that funds will
be allocated for future road development of Alta Vista Road.
Carlos Ortega voiced his displeasure regarding one entrance into the proposal. Mr.
Ortega added that the entrance was not from a collector street but rather a local road.
Mr. Furlow noted that the circumstances and location of the site only allow for one
entrance.
Vice Chair Stephanie Hurd asked what had to occur for Alta Vista Road to be
developed. Mr. Furlow stated that the other properties would have to redevelop in
order for the City to require right-of-way dedications and improvements.
Mr. Ortega stated that he was opposed to the proposed 45-foot-wide lots. Mr. Furlow
stated that he has heard this concern from the community. Mr. Furlow displayed an
updated site plan and noted that the majority of lots along the south boundary would
be modified to measure 50 feet. Mr. Ortega noted that he would have liked the lot
widths to be dispersed throughout the entire site. Vice Chair Hurd added that Laveen
likes to see primarily a minimum of 50 feet. Mr. Ortega reiterated his opposition to the
lot size.
Rebecca Perrera voiced the importance of trails and asked for confirmation that a trail
will be built on the site. Mr. Furlow confirmed that a trail will be built on the northwest
portion of the site. Mr. Furlow added that stipulations require connections to the Salt
River and the subdivision.
Chair Abegg stated that 45-foot-wide lots are not consistent with the Laveen Village.
Chair Abegg added that building elevations should contain different modern
farmhouse architectural features.
Public Comment:
Karson Baird stated that he was opposed to the proposed development. Mr. Baird
voiced his concerns regarding the proposed lot widths, noting that an increase on the
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 305
Laveen Village Planning Committee
Meeting Summary
GPA-LV-3-23-7
December 11, 2023
Page 3
south portion of the site was not sufficient. Mr. Baird added that he had concerns
regarding traffic congestion and safety with only one access. Mr. Baird stated that the
density should reflect the surrounding density and should be reduced to two to three
houses per acre.
Phil Hertel stated that he did not support the proposed 45-feet lot widths and the
density. Mr. Hertel added that the applicant doesn’t have a builder and that the site
needed to be modified to have larger lots and a secondary exit.
Applicant Response:
Mr. Furlow noted that the proposed zoning was compatible with the surrounding
single-family residential neighborhood to the south. Mr. Furlow added that the
southern portion of the site was closer to 5 dwelling units per acre which would make it
compatible with the southern single-family development. Mr. Furlow reiterated that the
proposed R1-6 zoning is compatible with the existing and proposed General Plan
Land Use Map designation of Residential 3.5 to 5 dwelling units per acre. Mr. Furlow
stated that they have attended over three public meetings and that they would agree
to increasing the lot size.
Committee Discussion:
Chair Abegg stated that the site should be approved with a zoning that would allow
for a density that would be approved by the committee. Chair Abegg noted that she
would like to see a larger percentage of lots with over 45-feet in width.
Vice Chair Hurd noted that the development should not have a width of less than 50
feet.
Ms. Perrera noted that the site configuration is difficult and that they had to consider
the floodplain and stormwater drainage.
Mr. Ortega added that had concerns with the City approving only one access point
into the site. Mr. Ortega also noted that there were no proposed floor plans available
for discussion.
Vice Chair Hurd, Ms. Jensen, Ms. Perrera, and Patrick Nasser-Taylor all agreed
that the proposed density was a major concern.
Ms. Jensen stated that the case was not ready for recommendation and that there
were a lot of questions regarding density, elevations, and traffic.
Chair Abegg stated that the case should meet R1-8 standards with large width lots.
Ms. Perrera noted that the south HOA could voice concerns regarding being used as
access to another development.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 306
Laveen Village Planning Committee
Meeting Summary
GPA-LV-3-23-7
December 11, 2023
Page 4
Vice Chair Hurd voiced her concern regarding unanswered traffic concerns.
Chair Abegg stated that the committee should vote on the zoning district that would
allow for an adequate development. Chair Abegg added that a stipulation could be
added to limit the density, or the case could be denied as filed.
Motion:
Francisco Barraza motioned to recommend approval of GPA-LV-3-23-7 per the staff
recommendation. Vice Chair Stephanie Hurd seconded the motion.
Vote:
6-1, motion to recommend approval of GPA-LV-3-23-7 passed with Committee
Members Barraza, Nasser-Taylor, Ortega, Perrera, Hurd, and Abegg in favor and
Committee Member Jensen in opposition.
Staff comments regarding VPC Recommendation:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 307
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
January 4, 2024
ITEM NO: 5
DISTRICT NO.: 7
SUBJECT:
Application #: GPA-LV-3-23-7 (Companion Case Z-56-23-7)
Request: Map Amendment
Location: Southwest corner of the 78th Avenue and Alta Vista Road alignments
From: Parks/Open Space, Commerce/Business Park, and Residential 3.5 to 5
dwelling units per acre
To: Residential 3.5 to 5 dwelling units per acre
Acreage: 18.96
Proposal: Minor General Plan Amendment for single-family residential community
Applicant: Jennifer Hall, Rose Law Group, PC
Owner: Laveen Land Holdings, LLC
Representative: Jennifer Hall, Rose Law Group, PC
ACTIONS:
Staff Recommendation: Approval.
Village Planning Committee (VPC) Recommendation:
Laveen 12/11/2023 Approval. Vote: 6-1.
Planning Commission Recommendation: Approval, per the Laveen Village Planning Committee
recommendation.
Motion Discussion: N/A
Motion details: Commissioner Boyd made a MOTION to approve GPA-LV-3-23-7, per the
Laveen Village Planning Committee recommendation.
Maker: Boyd
Second: Hu
Vote: 7-0
Absent: Mangum
Opposition Present: Yes
Findings:
1. The proposed Residential 3.5 to 5 dwelling units per acre General Plan Land Use Map
designation is compatible with adjacent designations to the west and north.
2. The companion rezoning case, Z-56-23-7, proposes a development that is consistent in scale
and character with the land uses in the surrounding area to the south and east.
3. The companion rezoning case, Z-56-23-7, as stipulated, provides enhanced open space and
design standards to make the proposed development a compatible addition to the area.
This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.
Page 308
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Item text
Southwest Corner of the 78th Avenue and Alta Vista Road Alignments
(Ordinance G-7231)
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-56-23-
7 and rezone the site from County RU-43 (Pending S-1) (One Acre Per Dwelling Unit,
Pending Ranch or Farm Residence District) to R1-6 (Single-Family Residence District)
to allow single-family residential. This is a companion case to GPA-LV-3-23-7 and
should be heard following GPA-LV-3-23-7.
Summary
Current Zoning: County RU-43 (Pending S-1)
Proposed Zoning: R1-6
Acreage: 18.96
Proposed Use: Single-family residential
Owner/Applicant: Laveen Land Holdings, LLC
Representative: Jordan Rose, Rose Law Group, PC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Laveen Village Planning Committee heard this case on Dec. 11,
2023, and recommended denial as filed, approval of R1-8 with additional stipulations,
by a vote of 6-1.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommend approval of the R1-6 with stipulations outlined in the Addendum A Staff
Report, with modified stipulations and an additional stipulation, by a vote of 5-2.
Location
Southwest corner of the 78th Avenue and Alta Vista Road alignments
Council District: 7
Parcel Address: N/A
Page 309
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 310
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-56-23-7) FROM COUNTY RU-43 (PENDING S-
1) (ONE ACRE PER DWELLING UNIT, PENDING RANCH OR
FARM RESIDENCE DISTRICT) TO R1-6 (SINGLE-FAMILY
RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 18.96-acre site located at the southwest
corner of the 78th Avenue and Alta Vista Road alignments in a portion of Section 35,
Township 1 North, Range 1 East, as described more specifically in Exhibit “A,” is hereby
changed from “County RU-43 (Pending S-1)” (One Acre Per Dwelling Unit, Pending
Ranch or Farm Residence District) to “R1-6” (Single-Family Residence District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 311
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. All building elevations shall contain architectural features that reflect modern
farmhouse architecture including, but not limited to, detailing such as pitched
roofs, variation in window size, overhang canopies and exterior accent
materials such as board and batten siding, shiplap paneling, brick veneer,
wooden shudders, and carriage style garage doors, as approved by the
Planning and Development Department.
2. The conceptual elevations and landscape plan shall be reviewed and approved
by the Planning Hearing Officer through the public hearing process for
stipulation modification prior to preliminary site plan approval. This is a
legislative review for conceptual purposes only. Specific development
standards and requirements may be determined by the Planning Hearing
Officer and the Planning and Development Department.
3. The maximum density shall be 5.0 dwelling units per acre.
4. The minimum lot width shall be 50 feet, for lots 1 through 19, as depicted on
the site plan date stamped December 20, 2023 and as approved by the
Planning and Development Department.
5. A minimum of 18% of the gross site area shall be retained as open space.
6. A minimum 22-foot garage setback for front-loaded garages, measured from
the back of sidewalk, shall be provided for each home in the development, as
approved by the Planning and Development Department.
7. A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved
by the Planning and Development Department.
8. A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
9. Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property or tenants within the development(s) the
existence and operational characteristics of nearby existing ranchettes and
animal privilege private properties that may cause adverse noise, odors, dust,
and other externalities. The form and content of such documents shall be
reviewed and approved by the City prior to recordation. This disclosure shall
also be provided in the leasing documents in a section titled “nuisances”.
Page 312
10. A minimum 50-foot of right-of-way shall be dedicated for all local public streets
within the development.
11. All street improvements to Alta Vista Road and 78th Avenue are outside of
Phoenix City Limits and shall be reviewed and approved by Maricopa County.
Documentation of the county review and approval shall be provided
concurrently with the Preliminary Site Plan submittal.
12. A shared-use-path easement shall be dedicated and constructed on the
northwest portion of the property, as approved by the Parks and Recreation
and Planning and Development Departments.
13. Pedestrian connections from the subdivision to the Salt River and the shared-
use-path, consisting of an enhanced treatment of decorative pavement and
landscaping to a gated access point, shall be constructed as approved by the
Planning and Development Department.
14. All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
15. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
16. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
17. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
18. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
19. Building height shall be limited to one story and 20 feet for lots 3, 4, 6, 7, and 9
through 12, as depicted on the site plan date stamped December 20, 2023 and
as approved by the Planning and Development Department.
Page 313
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 7th day of February,
2024.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 314
EXHIBIT A
LEGAL DESCRIPTION FOR Z-56-23-7
That part of the Southwest quarter of the Northeast quarter of Section 35, Township 1
North, Range 1 East, G&SRB&M, Maricopa County, Arizona described as follows:
BEGINNING at the Northwest lot corner common to Lots 28 and 351, LAVEEN FARMS-
UNIT 4, according to the plat of record in the office of the County Recorder of Maricopa
County, Arizona, in Book 931 of Maps at page 47, said corner also being the Southeast
corner of said Southwest quarter of the Northeast quarter of Section 35, said corner
also being a point common to the areas annexed by City of Phoenix ordinances G-3835
and G-4196;
thence Westerly along the North line of said area annexed by ordinance G-3835 also
being South line of said Northeast quarter of Section 35 to the Southwest corner of the
East half of the West half of said Southwest quarter of the Northeast quarter of Section
35;
thence, departing said ordinance boundary, Northerly along the West line of said East
half to the Northwest corner thereof;
thence Easterly along the North line of said East half to the Northeast corner thereof;
thence Southerly along the East line of said East half to the North line of the South 600
of the East half of said Southwest quarter of the Northeast quarter of Section 35;
thence Easterly along last said North line to the East line of said Southwest quarter of
the Northeast quarter of Section 35 and the West line of the area annexed by said
ordinance G-4196;
thence Southerly along last said East line and last said West ordinance line to the
POINT OF BEGINNING.
Area = 18.972 Acres
Area = 0.0296 Sq. Miles
Page 315
Page 316
ATTACHMENT B
Staff Report Z-56-23-7
December 4, 2023
Laveen Village Planning Committee December 11, 2023
Meeting Date:
Planning Commission Hearing Date: January 4, 2024
Request From: County RU-43 (Pending S-1) (One Acre Per
Dwelling Unit, Pending Ranch or Farm
Residence) (18.96 acres)
Request To: R1-6 (Single-Family Residence District) (18.96
acres)
Proposal: Single-family residential
Location: Southwest corner of the 78th Avenue and Alta
Vista Road alignments
Owner/Applicant: Laveen Land Holdings, LLC
Representative: Jordan Rose, Rose Law Group, PC
Staff Recommendation Approval, subject to stipulations
General Plan Conformity
Current: Residential 3.5 to 5 dwelling units
per acre (15.85 acres), Commerce /
Business Park (2.94 acres), and
General Plan Land Use Map Parks/Open Space – Publicly Owned (0.17
Designation acres)
Proposed (GPA-LV-3-23-7): Residential 3.5
to 5 dwelling units per acre
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY AND CHARACTER; DESIGN PRINCIPLE: Protect and enhance
the character of each neighborhood and its various housing lifestyles through new
development that is compatible in scale, design, and appearance.
The requested zoning will allow for the development of single-family residential at a scale
that is appropriate with the surrounding area. The proposal will create a residential
development with modern farmhouse architectural features that is compatible with the
Laveen Village.
Page 317
Staff Report: Z-56-23-7
December 4, 2023
CONNECT PEOPLE & PLACES CORE VALUE; OPPORTUNITY SITES; LAND USE
PRINCIPLE: Support reasonable levels of increased intensity, respectful of local
conditions and surrounding neighborhoods
The requested zoning will allow for the development of single-family residential that is
respectful of local conditions and surrounding neighborhoods. Numerous open space
areas are located along the perimeter of the proposal that would act as a buffer to the
adjacent large-lot houses.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Preserve the interface between private development and
parks, preserves and natural areas.
The development, as stipulated, will dedicate a shared-use-path along the northwest
portion of the property. Furthermore, as stipulated, the proposal will integrate native
nectar species and pedestrian connections to the Salt River.
Applicable Plans, Overlays, and Initiatives
Laveen Southwest Growth Study: Background Item No. 6.
Housing Phoenix Plan: Background Item No. 7.
Tree and Shade Master Plan: Background Item No. 8.
Monarch Butterfly Pledge: Background Item No. 9.
Phoenix Climate Action Plan: Background Item No. 10.
Zero Waste PHX: Background Item No. 11.
Page 318
Staff Report: Z-56-23-7
December 4, 2023
Surrounding Land Uses/Zoning
Land Use Zoning
On Site Vacant RU-43 (Pending S-1)
North (across Alta Vista
Salt River RU-43 (County)
alignment)
North Single-family residential RU-43 (County)
East (across 78th Avenue
Single-family residential RU-43 (County)
alignment)
East Single-family residential S-1 (Approved R1-8)
South Single-family residential S-1 (Approved R1-8)
Single-family residential,
West and vacant RU-43 (County)
R1-6 Single-Family Residence District
Planned Residential Development Option
Provisions on the
Standards Requirements
Proposed site Plan
Gross Acreage - 18.96 acres
Maximum Total Number of Units 104; 123 with bonus 98 (Met)
Maximum Density (dwelling
5.50; 6.50 with bonus 5.16 (Met)
unit/acre)
Minimum Lot Width 45 feet minimum 45 feet (Met)
None, except 110 feet
Minimum Lot Depth when adjacent to a 115 feet (Met)
freeway or arterial street
Maximum Lot Coverage 50% 40% (Met)
Maximum Building Height 2 stories and 30 feet 25 feet (Met)
MINIMUM BUILDING SETBACKS
North (Side, adjacent to Alta Street (front, rear, or side):
15 feet (Met)
Vista Road alignment) 15 feet
Not specified, 20 feet
15 feet (1-story), 20 feet
North (Rear, adjacent to RU-43) listed in the project
(2-story)
narrative
Not specified, 20 feet
East (Rear, adjacent to 78th Street (front, rear, or side):
listed in the project
Avenue alignment) 15 feet
narrative
Page 319
Staff Report: Z-56-23-7
December 4, 2023
MINIMUM BUILDING SETBACKS (CONTINUED)
15 feet (1-story), 20 feet
East (Rear, adjacent to R1-8) 20 feet (Met)
(2-story)
15 feet (1-story), 20 feet
West (Rear, adjacent to RU-43) 20 feet (Met)
(2-story)
15 feet (1-story), 20 feet
South (Rear, adjacent to R1-8) 20 feet (Met)
(2-story)
MINIMUM INTERIOR BUILDING SETBACKS
Front 10 feet 10 feet (Met)
Street side: 10 feet
Sides Not specified
Other: per building code
Rear Per building code Not specified
MINIMUM LANDSCAPE SETBACKS AND OPEN SPACE STANDARDS
North (adjacent to Alta Vista 15 feet average, 10 feet
Not specified
Road alignment) minimum
East (adjacent to 78th Avenue 15 feet average, 10 feet
Not specified
alignment) minimum
Minimum Common Area 5% of gross site area 14% (Met)
*Variance or Site Plan modification needed
Background/Issues/Analysis
SUBJECT SITE
1. This request is to rezone 18.96 acres located at the southwest corner of the 78th
Avenue and Alta Vista Road alignments from County RU-43 (Pending S-1) (One
Acre Per Dwelling Unit, Pending Ranch or Farm Residence) to R1-6 (Single-
Family Residence District) to allow single-family residential. The site is currently
in the annexation process.
SURROUNDING LAND USES AND ZONING
2. The requested R1-6 (Single-Family Residence District) zoning will support
additional housing within the Laveen Village. Mining and the Salt River are
located north of the subject site, across Alta Vista Road alignment, and zoned
RU-43 (One Acre Per Dwelling Unit). To the northeast and west of the subject
site are single-family residences located within Maricopa County zoned RU-43
(One Acre Per Dwelling Unit) and vacant land. A single-family residential
subdivision is located along the east and south side of the site zoned S-1
(Approved R1-8) (Ranch or Farm Residence, Approved Single-Family Residence
District).
Page 320
Staff Report: Z-56-23-7
December 4, 2023
Existing Zoning Aerial Map
Source: Planning and Development Department
GENERAL PLAN LAND USE MAP DESIGNATION
3. The majority of the subject site is designated Residential 3.5 to 5 dwelling units
per acre. The northern portion of the subject site is designated Commerce /
Business Park and the northeast corner of the site is designated as Parks/Open
Space – Publicly Owned. The property to the north, across the Alta Vista Road
alignment is designated Commerce / Business Park and Parks/Open Space –
Publicly Owned. To the northeast, the designation is Residential 3.5 to 5 dwelling
units per acre and Commerce / Business Park. Furthermore, the properties to
the east and south are designated Residential 2 to 3.5 dwelling units per acre.
Finally to the west of the subject site the designation is Residential 3.5 to 5
dwelling units per acre, Commerce / Business Park, and Parks/Open Space –
Publicly Owned.
To ensure consistency with the General Plan, a concurrent General Plan Land
Use Map amendment, GPA-LV-3-23-7, is proposed to change the land use map
designation of the entire site to Residential 3.5 to 5 dwelling units per acre. The
requested R1-6 zoning is consistent with the proposed General Plan Land Use
Map designation.
Page 321
Staff Report: Z-56-23-7
December 4, 2023
General Plan Land Use Map
Source: Planning and Development Department
PROPOSAL
4. Site Plan
The conceptual site plan, attached as an exhibit, proposes 98 single-family
detached homes with access from 77th Glen. The current site plan does not
meet current street design standards required by the Phoenix City Code. As a
result, staff does not recommend stipulating general conformance to the
submitted site plan. To ensure that the proposed development is compatible with
the surrounding densities, staff is recommending a stipulation to allow a
maximum of 98 lots. This is addressed in Stipulation No. 2. The conceptual site
plan, attached as an exhibit, depicts numerous open space areas located around
the subject site, for a total of 12 percent of the site area, as noted in Stipulation
No. 3. Finally, staff is recommending Stipulation No. 4 to ensure a 22-foot-long
garage setback measured from the back of the sidewalk is provided. This will
prevent large vehicles from obstructing internal sidewalks and create a safer
pedestrian environment.
5. Elevations
The conceptual building elevations, attached as an exhibit, depict one-story and
two-story residential buildings with a maximum height of approximately 25 feet to
the top of the roof ridge. The residential building elevations also depict pitched
shingle roofs, various window sizes, wooden fascia, stucco exteriors, and
cottage style garage doors. To be compatible with the agrarian heritage of the
Page 322
Staff Report: Z-56-23-7
December 4, 2023
Laveen Village, staff recommends Stipulation No. 1 which requires that the
elevations contain elements of modern farmhouse architecture.
PLANS, OVERLAYS, AND INITIATIVES
6. 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 and
provide a land use and design
planning framework to help shape
the growth that Laveen was starting
to experience, while accounting for
newly annexed farmland as well as
the future development of the South
Mountain Freeway Loop, which has
since been completed. This plan
designates the project site as
Commerce Park and Parks/Open
Space. Although not consistent with
the designation, recent residential
trends in the area to the south and
east support single-family residential
uses.
The Laveen Southwest Growth Laveen Southwest Growth Study Land Use Map
Source: Planning and Development Department
Study also outlines specific design
policies and standards for various
types of development that will enhance Laveen’s built environment while
remaining respectful to its agricultural heritage. The study encourages all new
development to use durable, high quality building materials and to provide
enhanced building design that will contribute to the character of the area.
Staff recommends that the proposed development include a variety of materials
on exterior elevations. Furthermore, 12 percent of the gross site must be
retained as common open space. This is addressed in Stipulation Nos. 1 and 3.
To ensure future owners and tenants of the proposed development are aware of
nearby agricultural uses, Stipulation No. 7 requires the disclosure of
ranchettes/animals uses.
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 vision of creating a stronger and more vibrant Phoenix through
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Staff Report: Z-56-23-7
December 4, 2023
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 underutilized land
in a more sustainable fashion.
8. 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. 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 create walkable streets and
vibrant pedestrian places. Staff is recommending a stipulation to provide open
space within the development that would exceed that required by the Zoning
Ordinance. This is addressed in Stipulation No. 3.
9. Monarch Butterfly
In April 2021, Mayor Kate Gallego signed the National Wildlife Federation's
Mayor's Monarch Pledge. This pledge commits the city to take action to support
the monarch butterfly population. In the United States, loss of milkweed habitat is
a major factor in the decline of the monarchs. Arizona has at least 29 species of
milkweed native to the state. Adult monarchs feed on the nectar of many flowers,
but they breed only where milkweeds are found. To support the monarch
butterfly population, Stipulation No. 5 addresses the planting of milkweed shrubs,
or other native nectar plant species, on the subject site.
10. Phoenix Climate Action Plan
In October 2021, the Phoenix City Council approved the Climate Action Plan.
The Climate Action Plan will serve as a long-term plan to achieve greenhouse
gas emissions reductions and resiliency goals from local operations
and community activities as well as prepare for the impacts of climate change.
This plan contains policy and initiatives regarding stationary energy,
transportation, waste management, air quality, local food systems, heat, and
water. Goal W2 (Water), Action W2.4, pertains to the implementation of the
Greater Phoenix Green Infrastructure (GI) and Low Impact Development Details
for Alternative Stormwater Management to benefit the environment, promote
water conservation, reduce urban heat, improve the public health, and create
additional green spaces. This goal is addressed in Stipulation No. 6, which
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Staff Report: Z-56-23-7
December 4, 2023
requires a minimum of two GI techniques for stormwater management to be
implemented in this development.
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
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 provision of recycling containers was not addressed
in the applicant’s submittals.
COMMUNITY INPUT SUMMARY
12. At the time this staff report was written, staff has received one letter of opposition
for this rezoning application. The stated concerns are traffic congestion, safety,
and ingress and egress into the subject site.
INTERDEPARTMENTAL COMMENTS
13. Street Transportation Department
The Street Transportation Department has requested a 50-foot right-of-way
dedication on all local public streets within the development. Furthermore, street
improvements to Alta Vista Road and 78th Avenue must be reviewed and
approved by Maricopa County. In addition, the Street Transportation Department
is requesting a shared-use-path be dedicated on the northwest portion of the site
along with pedestrian connections from the development to the shared-use-path
and the Salt River. Finally, all street improvements must comply with City and
ADA standards. This is addressed in Stipulation Nos. 8 through 12.
OTHER
14. The site is located in a larger area identified as being archaeologically sensitive.
If further review by the City of Phoenix Archaeology Office determines the site
and immediate area to be archaeologically sensitive, and if no previous
archaeological projects have been conducted within this project area, it is
recommended that archaeological Phase I data testing of this area be
conducted. Phase II archaeological data recovery excavations may be necessary
based upon the results of the testing. A qualified archaeologist must make this
determination in consultation with the City of Phoenix Archaeologist. In the event
archaeological materials are encountered during construction, all ground
disturbing activities must cease within a 33-foot radius of the discovery and the
time to properly assess the materials. This is addressed in Stipulation Nos. 13
through 15.
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Staff Report: Z-56-23-7
December 4, 2023
15. Staff has not received a completed form for the Waiver of Claims for Diminution
in Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required
by the rezoning application process. Therefore, a stipulation has been added to
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 16.
16. 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 proposal is compatible with the proposed General Plan Land Use Map
designation and will provide a high quality residential development and help
alleviate the housing shortage in Phoenix.
2. As stipulated, the proposed enhanced elevations standards will further support
the character established by the Laveen Village.
3. As stipulated, the proposed development will include development and design
standards, such as enhanced open space, to mitigate impacts to the
surrounding properties.
Stipulations
1. All building elevations shall contain architectural features that reflect modern
farmhouse architecture including, but not limited to, detailing such as pitched
roofs, variation in window size, overhang canopies and exterior accent materials
such as board and batten siding, shiplap paneling, brick veneer, wooden
shudders, and carriage style garage doors, as approved by the Planning and
Development Department.
2. The project shall not exceed 98 lots.
3. A minimum of 12% of the gross site area shall be retained as open space.
4. A minimum 22-foot garage setback for front-loaded garages, measured from the
back of sidewalk, shall be provided for each home in the development, as
approved by the Planning and Development Department.
5. A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved by
the Planning and Development Department.
Page 326
Staff Report: Z-56-23-7
December 4, 2023
6. A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
7. Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of property or tenants within the development(s) the
existence and operational characteristics of nearby existing ranchettes and
animal privilege private properties that may cause adverse noise, odors, dust,
and other externalities. The form and content of such documents shall be
reviewed and approved by the City prior to recordation. This disclosure shall also
be provided in the leasing documents in a section titled “nuisances”.
8. A minimum 50-foot of right-of-way shall be dedicated for all local public streets
within the development.
9. All street improvements to Alta Vista Road and 78th Avenue are outside of
Phoenix City Limits and shall be reviewed and approved by Maricopa County.
Documentation of the county review and approval shall be provided concurrently
with the Preliminary Site Plan submittal.
10. A shared-use-path easement shall be dedicated and constructed on the
northwest portion of the property, as approved by the Parks and Recreation and
Planning and Development Departments.
11. Pedestrian connections from the subdivision to the Salt River and the shared-
use-path, consisting of an enhanced treatment of decorative pavement and
landscaping to a gated access point, shall be constructed as approved by the
Planning and Development Department.
12. All streets within and adjacent to the development shall be constructed 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.
13. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
Page 327
Staff Report: Z-56-23-7
December 4, 2023
14. 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.
15. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
16. Prior to preliminary site plan approval, the landowner shall execute a 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.
Writer
Nayeli Sanchez Luna
December 4, 2023
Team Leader
Racelle Escolar
Exhibits
Sketch map
Aerial map
Conceptual site plan date stamped October 27, 2023 (3 pages)
Conceptual elevations date stamped October 6, 2023 (4 pages)
Correspondence
Page 328
MARICOPA
COUNTY
77TH AVE ALIGNMENT
County RU-43
(Pending S-1)
75TH AVE
APOLLO RD
S-1
ANX 219 75TH LN
Z-22-00
ST KATE RI DR
76 VINEYARD RD
TH
DR
GLASS LN
75TH DR
R1-8 RD
R EL
Z-36-00 D AR
SHUMWAY FARM RD
S-1
78 77
TH
TH
LN
DR
I
BROADWAY RD
SOUTHERN AVE
Miles BASELINE RD
0.09 0.045 0 0.09 Z-56-23
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:
Laveen Land Holdings, LLC
FROM:
County RU-43 (Pending S-1) ( 18.96 a.c.)
APPLICATION NO. DATE:
10/10/2023
Z-56-23 REVISION DATES:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
18.96 Acres QS 2-10 D-4 TO: R1-6 ( 18.96 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
County RU-43 (Pending S-1) 18 N/A
R1-6 100 123
* Maximum Units Allowed with P.R.D. Bonus Page 329
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-56-23.mxd
MARICOPA
COUNTY
77TH AVE ALIGNMENT
County RU-43
(Pending S-1)
75TH AVE
APOLLO RD
S-1
ANX 219 75TH LN
Z-22-00
ST KATE RI DR
76 VINEYARD RD
TH
DR
GLASS LN
75TH DR
R1-8 RD
R EL
Z-36-00 D AR
SHUMWAY FARM RD
S-1
78 77
TH
TH
LN
DR
Maricopa County Assessor's Office
I
BROADWAY RD
SOUTHERN AVE
Miles BASELINE RD
0.09 0.045 0 0.09 Z-56-23
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:
Laveen Land Holdings, LLC
FROM:
County RU-43 (Pending S-1) ( 18.96 a.c.)
APPLICATION NO. DATE:
10/10/2023
Z-56-23 REVISION DATES:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
18.96 Acres QS 2-10 D-4 TO: R1-6 ( 18.96 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
County RU-43 (Pending S-1) 18 N/A
R1-6 100 123
* Maximum Units Allowed with P.R.D. Bonus Page 330
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-56-23.mxd
Page 331
Page 332
Page 333
CONCEPTUAL HOUSING ELEVATIONS
PREPARED FOR LAVEEN HOUSE HOLDINGS
Page 334
PLAN 101 PLAN 201 PLAN 301
BARN 01 BARN 02 BARN 03
LAVEEN 20
LAVEEN, ARIZONA
10.01.2023
BARN 01
PERSPECTIVE VIEWS
SCALE: N.T.S
Page 335
LAVEEN 20
LAVEEN, ARIZONA
10.01.2023
BARN 02
PERSPECTIVE VIEWS
SCALE: N.T.S
Page 336
LAVEEN 20
LAVEEN, ARIZONA
10.01.2023
BARN 03
PERSPECTIVE VIEWS
SCALE: N.T.S
Page 337
LAVEEN 20
LAVEEN, ARIZONA
10.01.2023
Page 338
ATTACHMENT C
Village Planning Committee Meeting Summary
Z-56-23-7
Date of VPC Meeting December 11, 2023
Request From County RU-43 (Pending S-1)
Request To R1-6
Proposal Single-family residential
Location Southwest corner of the 78th Avenue and Alta Vista
Road alignments
VPC Recommendation Denial as filed, approval of R1-8 with additional
stipulations
VPC Vote 6-1
VPC DISCUSSION:
Item No. 7 (GPA-LV-3-23-7) and Item No. 8 (Z-56-23-7) were heard together.
Two members of the public registered to speak on this item.
Staff Presentation:
Nayeli Sanchez Luna, staff, presented an overview of GPA-LV-3-23-7 and Z-56-23-7.
Mrs. Sanchez Luna discussed the location of the site, the requested zoning
designation, and the surrounding land uses. Mrs. Sanchez Luna provided an overview
of the proposed development including the site plan and elevations. Mrs. Sanchez
Luna concluded the presentation by summarizing the staff findings, correspondence,
providing the staff recommendation and proposed stipulations.
Applicant Presentation:
Peter Furlow, representing the applicant with Rose Law Group, provided an overview
of the proposed case. Mr. Furlow stated that the applicant has worked with the
surrounding neighborhood and the LCRD and have agreed to reduce the number of
lots and increase the open space. Mr. Furlow displayed the site plan and noted the
single-family lots that were not proposed as rentals. Mr. Furlow added that the
proposal will dedicate right-of-way on the north and east portion of the site along 78th
Avenue and Alta Vista Road alignments. Mr. Furlow concluded the presentation by
stating that they have been working with the Street Transportation Department and
that the stipulations require disclosure of surrounding ranchette uses.
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 339
Laveen Village Planning Committee
Meeting Summary
Z-56-23-7
December 11, 2023
Page 2
Questions From the Committee:
JoAnne Jensen asked for more information regarding flooding and stormwater
management. Mr. Furlow stated that the applicant has worked with the Floodplain
Management to ensure that the proposal has sufficient retention to prevent any
flooding. Ms. Jensen asked if there were future plans to open another entrance to the
site along the north. Mr. Furlow stated that they are required to dedicate a right-of-
way but that a north entrance will not be constructed until Alta Vista Road was built
out.
Chair Linda Abegg asked for more information regarding the right-of-way dedication
and improvements. Mr. Furlow explained that they would be required to dedicate a
right-of-way and improve their south half of the street. Mr. Furlow noted that funds will
be allocated for future road development of Alta Vista Road.
Carlos Ortega voiced his displeasure regarding one entrance into the proposal. Mr.
Ortega added that the entrance was not from a collector street but rather a local road.
Mr. Furlow noted that the circumstances and location of the site only allow for one
entrance.
Vice Chair Stephanie Hurd asked what had to occur for Alta Vista Road to be
developed. Mr. Furlow stated that the other properties would have to redevelop in
order for the City to require right-of-way dedications and improvements.
Mr. Ortega stated that he was opposed to the proposed 45-foot-wide lots. Mr. Furlow
stated that he has heard this concern from the community. Mr. Furlow displayed an
updated site plan and noted that the majority of lots along the south boundary would
be modified to measure 50 feet. Mr. Ortega noted that he would have liked the lot
widths to be dispersed throughout the entire site. Vice Chair Hurd added that Laveen
likes to see primarily a minimum of 50 feet. Mr. Ortega reiterated his opposition to the
lot size.
Rebecca Perrera voiced the importance of trails and asked for confirmation that a trail
will be built on the site. Mr. Furlow confirmed that a trail will be built on the northwest
portion of the site. Mr. Furlow added that stipulations require connections to the Salt
River and the subdivision.
Chair Abegg stated that 45-foot-wide lots are not consistent with the Laveen Village.
Chair Abegg added that building elevations should contain different modern
farmhouse architectural features.
Public Comment:
Karson Baird stated that he was opposed to the proposed development. Mr. Baird
voiced his concerns regarding the proposed lot widths, noting that an increase on the
south portion of the site was not sufficient. Mr. Baird added that he had concerns
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 340
Laveen Village Planning Committee
Meeting Summary
Z-56-23-7
December 11, 2023
Page 3
regarding traffic congestion and safety with only one access. Mr. Baird stated that the
density should reflect the surrounding density and should be reduced to two to three
houses per acre.
Phil Hertel stated that he did not support the proposed 45-feet lot widths and the
density. Mr. Hertel added that the applicant doesn’t have a builder and that the site
needed to be modified to have larger lots and a secondary exit.
Applicant Response:
Mr. Furlow noted that the proposed zoning was compatible with the surrounding
single-family residential neighborhood to the south. Mr. Furlow added that the
southern portion of the site was closer to 5 dwelling units per acre which would make it
compatible with the southern single-family development. Mr. Furlow reiterated that the
proposed R1-6 zoning is compatible with the existing and proposed General Plan
Land Use Map designation of Residential 3.5 to 5 dwelling units per acre. Mr. Furlow
stated that they have attended over three public meetings and that they would agree
to increasing the lot size.
Committee Discussion:
Chair Abegg stated that the site should be approved with a zoning that would allow
for a density that would be approved by the committee. Chair Abegg noted that she
would like to see a larger percentage of lots with over 45-feet in width.
Vice Chair Hurd noted that the development should not have a width of less than 50
feet.
Ms. Perrera noted that the site configuration is difficult and that they had to consider
the floodplain and stormwater drainage.
Mr. Ortega added that had concerns with the City approving only one access point
into the site. Mr. Ortega also noted that there were no proposed floor plans available
for discussion.
Vice Chair Hurd, Ms. Jensen, Ms. Perrera, and Patrick Nasser-Taylor all agreed
that the proposed density was a major concern.
Ms. Jensen stated that the case was not ready for recommendation and that there
were a lot of questions regarding density, elevations, and traffic.
Chair Abegg stated that the case should meet R1-8 standards with large width lots.
Ms. Perrera noted that the south HOA could voice concerns regarding being used as
access to another development.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 341
Laveen Village Planning Committee
Meeting Summary
Z-56-23-7
December 11, 2023
Page 4
Vice Chair Hurd voiced her concern regarding unanswered traffic concerns.
Chair Abegg stated that the committee should vote on the zoning district that would
allow for an adequate development. Chair Abegg added that a stipulation could be
added to limit the density or the case could be denied as filed.
Motion:
Vice Chair Stephanie Hurd motioned to recommend denial of Z-56-23-7 as filed,
approval of R1-8 with the following additional stipulations:
• The maximum density shall be 4.5 dwelling units per acre.
• The minimum lot width shall be 50 feet.
• The future elevations and landscaping plans shall go through the PHO public
hearing process.
• Funding shall be reserved for future right-of-way improvements along Alta Vista
Road.
Francisco Barraza seconded the motion.
Vote:
6-1, motion to recommend denial of Z-56-23-7 as filed, approval of R1-8 with
additional stipulations passed with Committee Members Barraza, Nasser-Taylor,
Ortega, Perrera, Hurd, and Abegg in favor and Committee Member Jensen in
opposition.
Recommended Stipulations:
1. All building elevations shall contain architectural features that reflect modern
farmhouse architecture including, but not limited to, detailing such as pitched
roofs, variation in window size, overhang canopies and exterior accent materials
such as board and batten siding, shiplap paneling, brick veneer, wooden
shudders, and carriage style garage doors, as approved by the Planning and
Development Department.
2. THE FUTURE ELEVATIONS AND LANDSCAPING PLANS SHALL GO
THROUGH THE PHO PUBLIC HEARING PROCESS.
3. THE MAXIMUM DENSITY SHALL BE 4.5 DWELLING UNITS PER ACRE.
4. THE MINIMUM LOT WIDTH SHALL BE 50 FEET.
2. The project shall not exceed 98 lots.
5.
3. A minimum of 12% of the gross site area shall be retained as open space.
6.
4. A minimum 22-foot garage setback for front-loaded garages, measured from the
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 342
Laveen Village Planning Committee
Meeting Summary
Z-56-23-7
December 11, 2023
Page 5
7. back of sidewalk, shall be provided for each home in the development, as
approved by the Planning and Development Department.
5. A minimum of 10% of the required shrubs, shall be a milkweed or other native
8. nectar species, and shall be planted in groups of three or more, as approved by
the Planning and Development Department.
6. A minimum of two green infrastructure (GI) techniques for stormwater
9. management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
7. Prior to final site plan approval, the property owner shall record documents that
10. disclose to purchasers of property or tenants within the development(s) the
existence and operational characteristics of nearby existing ranchettes and
animal privilege private properties that may cause adverse noise, odors, dust,
and other externalities. The form and content of such documents shall be
reviewed and approved by the City prior to recordation. This disclosure shall also
be provided in the leasing documents in a section titled “nuisances”.
8. A minimum 50-foot of right-of-way shall be dedicated for all local public streets
11. within the development.
9. All street improvements to Alta Vista Road and 78th Avenue are outside of
12. Phoenix City Limits and shall be reviewed and approved by Maricopa County.
Documentation of the county review and approval shall be provided concurrently
with the Preliminary Site Plan submittal.
13. FUNDING SHALL BE RESERVED FOR FUTURE RIGHT-OF-WAY
IMPROVEMENTS ALONG ALTA VISTA ROAD.
10. A shared-use-path easement shall be dedicated and constructed on the
14. northwest portion of the property, as approved by the Parks and Recreation and
Planning and Development Departments.
11. Pedestrian connections from the subdivision to the Salt River and the shared-
15. use-path, consisting of an enhanced treatment of decorative pavement and
landscaping to a gated access point, shall be constructed as approved by the
Planning and Development Department.
12. All streets within and adjacent to the development shall be constructed with
16. 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.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 343
Laveen Village Planning Committee
Meeting Summary
Z-56-23-7
December 11, 2023
Page 6
13. If determined necessary by the Phoenix Archaeology Office, the applicant shall
17. 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.
14. If Phase I data testing is required, and if, upon review of the results from the
18. 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.
15. In the event archaeological materials are encountered during construction, the
19. developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
16. Prior to preliminary site plan approval, the landowner shall execute a Proposition
20. 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.
Staff comments regarding VPC Recommendation:
Staff recommends modifying Stipulation No. 2 to use the City's standards stipulation
language for a PHO public hearing.
Staff recommends deleting Stipulation No. 5 regarding the number of lots since
Stipulation No. 3 was added to limit the density to 4.5 dwelling units per acre (85 lots).
The Street Transportation Department reviewed the additional stipulation related to
Alta Vista Road and recommends the deletion of the stipulation as the City cannot
legally take money for roadways that are not in in the City of Phoenix.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 344
ATTACHMENT D
To: City of Phoenix Planning Commission Date: January 2, 2024
From: Racelle Escolar, AICP
Principal Planner
Subject: ITEM NO. 6 (Z-56-23-7) – SOUTHWEST CORNER OF THE 78TH
AVENUE AND ALTA VISTA ROAD ALIGNMENTS
The purpose of this memo is to recommend modified stipulations in response to the
Laveen Village Planning Committee (VPC) recommendation.
Rezoning Case No. Z-56-23-7 is a request to rezone 18.96 acres of County RU-43
(Pending S-1) (One Acre Per Dwelling Unit, Pending Ranch or Farm Residence) to
R1-6 (Single-Family Residence District) to allow single-family residential.
The Laveen VPC heard this request on December 11, 2023 and recommended denial
as filed, and approval of R1-8 with additional stipulations, by a vote of 6-1. The VPC
recommended adding Stipulation No. 2 to ensure that future elevations and landscaping
plans are presented to the Laveen VPC through the Planning Hearing Officer (PHO)
public hearing process. The VPC recommended adding Stipulation Nos. 3 and 4 to limit
the density allowed within the development and increase the minimum lot width.
Furthermore, Stipulation No. 13 was added to ensure funding for future improvements
to Alta Vista Road.
Staff recommends modifying the language of Stipulation No. 2 to use the City's
standards stipulation language for a PHO public hearing and deleting Stipulation No. 5
regarding the number of lots since Stipulation No. 3 was added to limit the density to 4.5
dwelling units per acre (85 lots).
The Street Transportation Department reviewed the additional stipulation related to Alta
Vista Road and recommends the deletion of the stipulation as the City cannot legally
take money for roadways that are not in the City of Phoenix jurisdiction.
Staff recommends approval, per the modified stipulations in bold font below.
1. All building elevations shall contain architectural features that reflect modern
farmhouse architecture including, but not limited to, detailing such as pitched
roofs, variation in window size, overhang canopies and exterior accent
materials such as board and batten siding, shiplap paneling, brick veneer,
wooden shudders, and carriage style garage doors, as approved by the
Planning and Development Department.
2. THE FUTURE CONCEPTUAL ELEVATIONS AND LANDSCAPING PLANS
SHALL GO BE REVIEWED AND APPROVED BY THE PLANNING HEARING
OFFICER THROUGH THE PHO PUBLIC HEARING PROCESS FOR
Page 345
Z-56-23-7 Planning Commission Backup Memo
January 2, 2024
STIPULATION MODIFICATION PRIOR TO PRELIMINARY SITE PLAN
APPROVAL. THIS IS A LEGISLATIVE REVIEW FOR CONCEPTUAL
PURPOSES ONLY. SPECIFIC DEVELOPMENT STANDARDS AND
REQUIREMENTS MAY BE DETERMINED BY THE PLANNING HEARING
OFFICER AND THE PLANNING AND DEVELOPMENT DEPARTMENT.
3. THE MAXIMUM DENSITY SHALL BE 4.5 DWELLING UNITS PER ACRE.
4. THE MINIMUM LOT WIDTH SHALL BE 50 FEET.
2. The project shall not exceed 98 lots.
5.
3. A minimum of 12% of the gross site area shall be retained as open space.
6.
5.
4. A minimum 22-foot garage setback for front-loaded garages, measured from
7. the back of sidewalk, shall be provided for each home in the development, as
6. approved by the Planning and Development Department.
5. A minimum of 10% of the required shrubs, shall be a milkweed or other native
8. nectar species, and shall be planted in groups of three or more, as approved
7. by the Planning and Development Department.
6. A minimum of two green infrastructure (GI) techniques for stormwater
9. management shall be implemented per the Greater Phoenix Metro Green
8. Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.
7. Prior to final site plan approval, the property owner shall record documents that
10. disclose to purchasers of property or tenants within the development(s) the
9. existence and operational characteristics of nearby existing ranchettes and
animal privilege private properties that may cause adverse noise, odors, dust,
and other externalities. The form and content of such documents shall be
reviewed and approved by the City prior to recordation. This disclosure shall
also be provided in the leasing documents in a section titled “nuisances”.
8. A minimum 50-foot of right-of-way shall be dedicated for all local public streets
11. within the development.
10.
9. All street improvements to Alta Vista Road and 78th Avenue are outside of
12. Phoenix City Limits and shall be reviewed and approved by Maricopa County.
11. Documentation of the county review and approval shall be provided
concurrently with the Preliminary Site Plan submittal.
Page 346
Z-56-23-7 Planning Commission Backup Memo
January 2, 2024
13. FUNDING SHALL BE RESERVED FOR FUTURE RIGHT-OF-WAY
IMPROVEMENTS ALONG ALTA VISTA ROAD.
10. A shared-use-path easement shall be dedicated and constructed on the
14. northwest portion of the property, as approved by the Parks and Recreation
12. and Planning and Development Departments.
11. Pedestrian connections from the subdivision to the Salt River and the shared-
15. use-path, consisting of an enhanced treatment of decorative pavement and
13. landscaping to a gated access point, shall be constructed as approved by the
Planning and Development Department.
12. All streets within and adjacent to the development shall be constructed with
16. paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
14. landscaping and other incidentals as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
13. If determined necessary by the Phoenix Archaeology Office, the applicant shall
17. conduct Phase I data testing and submit an archaeological survey report of the
15. development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
14. If Phase I data testing is required, and if, upon review of the results from the
18. Phase I data testing, the City Archaeologist, in consultation with a qualified
16. archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
15. In the event archaeological materials are encountered during construction, the
19. developer shall immediately cease all ground-disturbing activities within a 33-
17. 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
20. Proposition 207 waiver of claims form. The waiver shall be recorded with the
18. Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Page 347
ATTACHMENT E
ADDENDUM A
Staff Report Z-56-23-7
January 4, 2024
Laveen Village Planning Committee December 11, 2023
Meeting Date:
Planning Commission Hearing Date: January 4, 2023
Request From: County RU-43 (Pending S-1) (One Acre
Per Dwelling Unit, Pending Ranch or
Farm Residence) (18.96 acres)
Request To: R1-6 (Single-Family Residence District)
(18.96 acres)
Proposal: Single-family residential
Location: Southwest corner of the 78th Avenue
and Alta Vista Road alignments
Owner/Applicant: Laveen Land Holdings, LLC
Representative: Jordan Rose, Rose Law Group, PC
Staff Recommendation: Approval, subject to stipulations
On December 11, 2023, the Laveen Village Planning Committee (VPC) heard this
request and recommended denial as filed, the approval of R1-8 with additional
stipulations by a vote of 6-1.
The VPC recommended adding Stipulation No. 2 to ensure that future elevations and
landscape plans are presented to the Laveen VPC through the Planning Hearing
Officer (PHO) public hearing process. The VPC recommended adding Stipulation
Nos. 3 and 4 to limit the density allowed within the development and increase the
minimum lot width. Furthermore, Stipulation No. 13 was added to ensure funding for
future improvements to Alta Vista Road.
Staff provided a memo to the Planning Commission on January 2, 2024 in response
to the VPC recommended stipulations. Staff recommended modifying the language
for Stipulation No. 2 to use the City’s standard stipulation language for a PHO public
hearing and deleting Stipulation No. 5 regarding the number of lots since Stipulation
No. 3 was added to limit to 4.5 dwelling units per acre (85 lots). The Street
Transportation Department reviewed the additional stipulation related to Alta Vista
Road and recommended the deletion of the stipulation as the City cannot legally take
money from roadways that are not in the City of Phoenix jurisdiction.
Page 348
Staff Report: Z-56-23-7
January 4, 2024
During the Laveen Village Planning Committee meeting on December 11, 2023, the
applicant presented an updated site plan with an increased percentage of open
space. The applicant submitted this revised site plan on December 20, 2023 and the
landscape plan on January 4, 2024 (attached as exhibits).
The revise site plan reduces the number of lots to 95 (originally 98) and increases the
open space to 18 percent. In addition, the landscape plan depicts all the proposed
open space areas within the proposal. Per the revised site plan, the applicant has
requested to increase the minimum open space provided on the site. Therefore, staff
is recommending a modification to increase the minimum open space from 12
percent to 18 percent. Also, it should be noted that the applicant’s revised plan
depicts 95 lots, however the stipulations as recommended below limit the site to 85
lots. The site plan will need to be revised prior to preliminary site plan approval if the
stipulations below are ultimately approved.
Staff recommends approval per the modified stipulations in bold font below:
1. All building elevations shall contain architectural features that reflect modern
farmhouse architecture including, but not limited to, detailing such as pitched
roofs, variation in window size, overhang canopies and exterior accent
materials such as board and batten siding, shiplap paneling, brick veneer,
wooden shudders, and carriage style garage doors, as approved by the
Planning and Development Department.
2. THE FUTURE CONCEPTUAL ELEVATIONS AND LANDSCAPE PLANS
SHALL GO BE REVIEWED AND APPROVED BY THE PLANNING
HEARING OFFICER THROUGH THE PHO PUBLIC HEARING PROCESS
FOR STIPULATION MODIFICATION PRIOR TO PRELIMINARY SITE PLAN
APPROVAL. THIS IS A LEGISLATIVE REVIEW FOR CONCEPTUAL
PURPOSES ONLY. SPECIFIC DEVELOPMENT STANDARDS AND
REQUIREMENTS MAY BE DETERMINED BY THE PLANNING HEARING
OFFICER AND THE PLANNING AND DEVELOPMENT DEPARTMENT.
3. THE MAXIMUM DENSITY SHALL BE 4.5 DWELLING UNITS PER ACRE.
4. THE MINIMUM LOT WIDTH SHALL BE 50 FEET.
2. The project shall not exceed 98 lots.
5.
3. A minimum of 12% 18% of the gross site area shall be retained as open
6. space.
5.
Page 349
Staff Report: Z-56-23-7
January 4, 2024
4. A minimum 22-foot garage setback for front-loaded garages, measured from
7. the back of sidewalk, shall be provided for each home in the development, as
6. approved by the Planning and Development Department.
5. A minimum of 10% of the required shrubs, shall be a milkweed or other native
8. nectar species, and shall be planted in groups of three or more, as approved
7. by the Planning and Development Department.
6. A minimum of two green infrastructure (GI) techniques for stormwater
9. management shall be implemented per the Greater Phoenix Metro Green
8. Infrastructure and Low Impact Development Details for Alternative
Stormwater Management, as approved or modified by the Planning and
Development Department.
7. Prior to final site plan approval, the property owner shall record documents
10. that disclose to purchasers of property or tenants within the development(s)
9. the existence and operational characteristics of nearby existing ranchettes
and animal privilege private properties that may cause adverse noise, odors,
dust, and other externalities. The form and content of such documents shall
be reviewed and approved by the City prior to recordation. This disclosure
shall also be provided in the leasing documents in a section titled
“nuisances”.
8. A minimum 50-foot of right-of-way shall be dedicated for all local public
11. streets within the development.
10.
9. All street improvements to Alta Vista Road and 78th Avenue are outside of
12. Phoenix City Limits and shall be reviewed and approved by Maricopa County.
11. Documentation of the county review and approval shall be provided
concurrently with the Preliminary Site Plan submittal.
13. FUNDING SHALL BE RESERVED FOR FUTURE RIGHT-OF-WAY
IMPROVEMENTS ALONG ALTA VISTA ROAD.
10. A shared-use-path easement shall be dedicated and constructed on the
14. northwest portion of the property, as approved by the Parks and Recreation
12. and Planning and Development Departments.
11. Pedestrian connections from the subdivision to the Salt River and the shared-
15. use-path, consisting of an enhanced treatment of decorative pavement and
13. landscaping to a gated access point, shall be constructed as approved by the
Planning and Development Department.
12. All streets within and adjacent to the development shall be constructed with
Page 350
Staff Report: Z-56-23-7
January 4, 2024
16. paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
14. landscaping and other incidentals as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
13. If determined necessary by the Phoenix Archaeology Office, the applicant
17. shall conduct Phase I data testing and submit an archaeological survey
15. report of the development area for review and approval by the City
Archaeologist prior to clearing and grubbing, landscape salvage, and/or
grading approval.
14. If Phase I data testing is required, and if, upon review of the results from the
18. Phase I data testing, the City Archaeologist, in consultation with a qualified
16. archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
15. In the event archaeological materials are encountered during construction,
19. the developer shall immediately cease all ground-disturbing activities within a
17. 33-foot radius of the discovery, notify the City Archaeologist, and allow time
for the Archaeology Office to properly assess the materials.
16. Prior to preliminary site plan approval, the landowner shall execute a
20. Proposition 207 waiver of claims form. The waiver shall be recorded with the
18. Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Exhibits
Conceptual Site Plan date stamped December 20, 2023 (4 pages)
Conceptual Landscape Plan date stamped January 4, 2024 (2 pages)
Page 351
Page 352
Page 353
Page 354
Page 355
MATCHLINE - SEE NEXT SHEET
EXISTING RESIDENTIAL
87 31 30 29 28 27 26 25 24 23 22 21 20
CITY OF PHOENIX NOTES:
55 40
90 34 33 32 35 36 37 38 39
41 18
42 17
53 3
93 43
51 50 49 48 47 46 45
EXISTING RESIDENTIAL EXISTING RESIDENTIAL
2 15
94 44
Page 356 VICINITY MAP
95 7 14
1 2 3 4 5 6 7 8 9 10 11 12
1 1
EXISTING RESIDENTIAL EXISTING RESIDENTIAL
0 40 80 120 feet
MASTER PLANT LEGEND NATIVE PLANT SURVEY LANDSCAPE NOTES WALL LEGEND
ANA
Symbol Common Name SPECS Remarks 1 SCALE: 1" = 40'
2 PRELIMINARY
NOT FOR KIVA: 00-0000
CONSTRUCTION SDEV: 0000000
3 PAPP: 0000000
IRRIGATION PLAN %105'06(144'241&7%6+10
I CONSENT TO THE REPRODUCTION OF THIS MASTER PLAN FOR
THE PURPOSE OF FUTURE AMENDMENTS PROVIDED THAT IF
5 MODIFICATIONS ARE MADE THE ARCHITECTS/ENGINEERS WHO
MAKE SUCH CHANGES ASSUME FULL RESPONSIBILITY AND LIABILITY NOVEMBER 2023 COLLECTIV JOB # 45.315
6 FOR THE CHANGES MADE TO THE PLAN.
7 JIM SMITH 11.20.2023
MAINTENANCE
8 NAME (PRINTED) OF COPYRIGHT OWNER DATE
11.20.2023
L1 of 2
SIGNATURE OF COPYRIGHT OWNER DATE
LANDSCAPE NOTES
Page 357
PROPOSED AMENITY AREA
8 67
EXISTING RESIDENTIAL 64 EXISTING RESIDENTIAL
62 PRELIMINARY
NOT FOR KIVA: 00-0000
82 CONSTRUCTION SDEV: 0000000
PAPP: 0000000
60 NOVEMBER 2023 COLLECTIV JOB # 45.315
0 40 80 120 feet PROPOSED THEMATICS
59 L2
SCALE: 1" = 40'
MATCHLINE - SEE PREVIOUS SHEET
of 2
ATTACHMENT F
REPORT OF PLANNING COMMISSION ACTION
January 4, 2024
* REVISED January 12, 2024
ITEM NO: 6
DISTRICT NO.: 7
SUBJECT:
Application #: Z-56-23-7 (Companion Case GPA-LV-3-23-7)
Location: Southwest corner of the 78th Avenue and Alta Vista Road alignments
From: County RU-43 (Pending S-1)
To: R1-6
Acreage: 18.96
Proposal: Single-family residential
Applicant: Laveen Land Holdings, LLC
Owner: Laveen Land Holdings, LLC
Representative: Jordan Rose, Rose Law Group, PC
ACTIONS:
Staff Recommendation: Approval, subject to stipulations.
Village Planning Committee (VPC) Recommendation:
Laveen 12/11/2023 Denial as filed, approval of R1-8 with additional stipulations. Vote: 6-1.
* Planning Commission Recommendation: Approval of R1-6, per the Addendum A Staff Report
with modifications and an additional stipulation.
Motion Discussion: N/A
* Motion details: Commissioner Boyd made a MOTION to approve R1-6 for Z-56-23-7, with the
stipulations outlined in the Addendum A Staff Report with a modification to Stipulation No. 3 to
replace 4.5 with 5.0 (dwelling units per acre) and a modification to Stipulation No. 4 to apply to
lots 1 through 19, as depicted on the site plan date stamped December 20, 2023 and as
approved by the Planning and Development Department; and an additional stipulation that
building height shall be limited to one story and 20 feet for lots 3, 4, 6, 7, and 9 through 12, as
depicted on the site plan date stamped December 20, 2023 and as approved by the Planning
and Development Department.
Maker: Boyd
Second: Gorraiz
Vote: 5-2 (Busching and Perez)
Absent: Mangum
Opposition Present: Yes
Findings:
1. The proposal is compatible with the proposed General Plan Land Use Map designation
and will provide a high-quality residential development and help alleviate the housing
shortage in Phoenix.
2. As stipulated, the proposed enhanced elevations standards will further support the
character established by the Laveen Village.
Page 358
3. As stipulated, the proposed development will include development and design
standards, such as enhanced open space, to mitigate impacts to the surrounding
properties.
Stipulations:
1. All building elevations shall contain architectural features that reflect modern
farmhouse architecture including, but not limited to, detailing such as pitched roofs,
variation in window size, overhang canopies and exterior accent materials such as
board and batten siding, shiplap paneling, brick veneer, wooden shudders, and
carriage style garage doors, as approved by the Planning and Development
Department.
2. THE FUTURE CONCEPTUAL ELEVATIONS AND LANDSCAPE PLANS SHALL GO
BE REVIEWED AND APPROVED BY THE PLANNING HEARING OFFICER
THROUGH THE PHO PUBLIC HEARING PROCESS FOR STIPULATION
MODIFICATION PRIOR TO PRELIMINARY SITE PLAN APPROVAL. THIS IS A
LEGISLATIVE REVIEW FOR CONCEPTUAL PURPOSES ONLY. SPECIFIC
DEVELOPMENT STANDARDS AND REQUIREMENTS MAY BE DETERMINED BY
THE PLANNING HEARING OFFICER AND THE PLANNING AND DEVELOPMENT
DEPARTMENT.
3. THE MAXIMUM DENSITY SHALL BE 4.5 5.0 DWELLING UNITS PER ACRE.
4. THE MINIMUM LOT WIDTH SHALL BE 50 FEET FOR LOTS 1 THROUGH 19, AS
DEPICTED ON THE SITE PLAN DATE STAMPED DECEMBER 20, 2023 AND AS
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
2. The project shall not exceed 98 lots.
5.
3. A minimum of 12% 18% of the gross site area shall be retained as open space.
6.
5.
4. A minimum 22-foot garage setback for front-loaded garages, measured from the back
7. of sidewalk, shall be provided for each home in the development, as approved by the
6. Planning and Development Department.
5. A minimum of 10% of the required shrubs, shall be a milkweed or other native nectar
8. species, and shall be planted in groups of three or more, as approved by the Planning
7. and Development Department.
6. A minimum of two green infrastructure (GI) techniques for stormwater management
9. shall be implemented per the Greater Phoenix Metro Green Infrastructure and Low
8. Impact Development Details for Alternative Stormwater Management, as approved, or
modified by the Planning and Development Department.
7. Prior to final site plan approval, the property owner shall record documents that
10. disclose to purchasers of property or tenants within the development(s) the existence
9. and operational characteristics of nearby existing ranchettes and animal privilege
private properties that may cause adverse noise, odors, dust, and other externalities.
The form and content of such documents shall be reviewed and approved by the City
Page 359
prior to recordation. This disclosure shall also be provided in the leasing documents in
a section titled “nuisances”.
8. A minimum 50-foot of right-of-way shall be dedicated for all local public streets within
11. the development.
10.
9. All street improvements to Alta Vista Road and 78th Avenue are outside of Phoenix
12. City Limits and shall be reviewed and approved by Maricopa County. Documentation
11. of the county review and approval shall be provided concurrently with the Preliminary
Site Plan submittal.
13. FUNDING SHALL BE RESERVED FOR FUTURE RIGHT-OF-WAY
IMPROVEMENTS ALONG ALTA VISTA ROAD.
10. A shared-use-path easement shall be dedicated and constructed on the northwest
14. portion of the property, as approved by the Parks and Recreation and Planning and
12. Development Departments.
11. Pedestrian connections from the subdivision to the Salt River and the shared-use-
15. path, consisting of an enhanced treatment of decorative pavement and landscaping to
13. a gated access point, shall be constructed as approved by the Planning and
Development Department.
12. All streets within and adjacent to the development shall be constructed with paving,
16. curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping and other
14. incidentals as per plans approved by the Planning and Development Department. All
improvements shall comply with all ADA accessibility standards.
13. If determined necessary by the Phoenix Archaeology Office, the applicant shall
17. conduct Phase I data testing and submit an archaeological survey report of the
15. development area for review and approval by the City Archaeologist prior to clearing
and grubbing, landscape salvage, and/or grading approval.
14. If Phase I data testing is required, and if, upon review of the results from the Phase I
18. data testing, the City Archaeologist, in consultation with a qualified archaeologist,
16. determines such data recovery excavations are necessary, the applicant shall
conduct Phase II archaeological data recovery excavations.
15. In the event archaeological materials are encountered during construction, the
19. developer shall immediately cease all ground-disturbing activities within a 33-foot
17. 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
20. waiver of claims form. The waiver shall be recorded with the Maricopa County
18. Recorder's Office and delivered to the City to be included in the rezoning application
file for record.
19. BUILDING HEIGHT SHALL BE LIMITED TO ONE STORY AND 20 FEET FOR
LOTS 3, 4, 6, 7, AND 9 THROUGH 12, AS DEPICTED ON THE SITE PLAN DATE
STAMPED DECEMBER 20, 2023 AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.
Page 360
This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.
Page 361
ATTACHMENT G
Nayeli Sanchez Luna
From: Kim Domovich
Sent: Saturday, December 9, 2023 12:27 PM
To: Council District 7 PCC; PDD Laveen VPC
Subject: STATEMENT OF OPPOSITION TO REZONING CASE Z-56-23-7
Follow Up Flag: Follow up
Flag Status: Flagged
To Vice Mayor/City Council District 7 Councilwoman Yassamin Ansari and Laveen Village Planning
Committee Members:
I am writing in opposition to the rezoning request from Laveen Land Holdings LLC and American Dream
Housing for the vacant land southwest of 75th Avenue and Alta Vista Road in Laveen.
(If a resident of Trailside, use the first sentence, if not, omit this sentence) I am a resident of Laveen
Farms/Trailside Point, a neighborhood adjacent to the proposed project site. I have the following
concerns about the potential impacts of this development on our community.
Significant Traffic and Safety Issues
• The developer plans to have only one ingress/egress point for the project, via south 77th Glen, which
would funnel all the traffic from the project through our streets.
• According to the traffic statement prepared by Summit Land Management, the project would generate
1,046 weekday daily trips (523 entering, 523 exiting), which would increase the congestion and noise on
our roads.
• The increased traffic would also pose a serious risk to the safety of our children, who walk, bike, and
play on our streets and sidewalks.
• The project does not have a secondary access point as required by the City of Phoenix Fire Code for
emergency purposes.
Incompatibility with Area’s Existing Rural Character and Low Density
• The developer is requesting to rezone the land from RU‐43 (Rural District) to R1‐6 (Single Family
Planned Residential Development), which would allow for 98 single family homes in a rental home
community, with a gross density of 5.17 dwellings per acre.
• Drastic increase in density and intensity that would create a stark contrast with the surrounding
neighborhoods, especially Trailside/Laveen Farms/Trailside Point, which have larger lot sizes and more
open space.
• The proposed home elevations and color schemes do not match the Laveen Village Design Standards
or the aesthetic preferences of the existing residents.
• The project would also encroach on the natural desert environment and wildlife habitat that we value
and enjoy.
Negative Impacts on Area Drainage and Floodplain Conditions
• Two lots on the northern end of the project are located in a special flood hazard area, as shown on the
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). The traffic
statement acknowledges that these lots are subject to flooding during a 100‐year storm event, which
could affect the access and safety of the project.
• The developer has not provided any information on how they plan to mitigate the flood risk or comply
with the floodplain management regulations.
• The project would also increase the amount of impervious surface and stormwater runoff, which could
affect the downstream properties and the quality of the nearby Salt River.
I do not believe the infrastructure has been put in place to support this development.
Page 362
Emergency accommodations are already in short supply and need more consideration.
For all the above reasons, I urge you to deny the rezoning request from Laveen Land Holdings LLC and
American Dream Housing, and to preserve the rural character and quality of life of our neighborhood.
I appreciate your attention and consideration of my views.
Sincerely,
Kim C Domovich
5218 W Sunland Ave
Laveen AZ 85339
‐‐
Kim Domovich,
M aryvale Estrella M ountain Com m unity Alliance
Page 363
Nayeli Sanchez Luna
From: Margaret Shalley
Sent: Saturday, December 9, 2023 4:54 PM
To: Council District 7 PCC; PDD Laveen VPC
Subject: Opposition To Zoning Case Z-56-23-7
Follow Up Flag: Follow up
Flag Status: Flagged
Vice Mayor Yassamin Ansari and Laveen Village Planning Committee Members:
I am writing in opposition to the rezoning request from Laveen Land Holdings LLC for the vacant land southwest of Alta
Vista and 75th Avenue in Laveen.
I am a resident of Laveen Farms/Trailside Point, a neighborhood adjacent to the proposed project site. I have the
following concerns about the potential impacts of this development on our community.
Significant Traffic and Safety Issues
• The developer plans to have only one ingress/egress point for the project, via south 77th Glen, which would funnel all
the traffic from the project through our streets.
• According to the traffic statement prepared by Summit Land Management, the project would generate 1,046 weekday
daily trips (523 entering, 523 exiting), which would increase the congestion and noise on our roads.
• The increased traffic would also pose a serious risk to the safety of our children, who walk, bike, and play on our
streets and sidewalks.
• The project does not have a secondary access point as required by the City of Phoenix Fire Code for emergency
purposes.
Incompatibility with Area’s Existing Rural Character and Low Density
• The developer is requesting to rezone the land from RU‐43 (Rural District) to R1‐6 (Single Family Planned Residential
Development), which would allow for 98 single family homes in a rental home community, with a gross density of 5.17
dwellings per acre.
• Drastic increase in density and intensity that would create a stark contrast with the surrounding neighborhoods,
especially Laveen Farms/Trailside Point, which have larger lot sizes and more open space.
• The proposed home elevations and color schemes do not match the Laveen Village Design Standards or the aesthetic
preferences of the existing residents.
• The project would also encroach on the natural desert environment and wildlife habitat that we value and enjoy.
Negative Impacts on Area Drainage and Floodplain Conditions
Page 364
• Two lots on the northern end of the project are located in a special flood hazard area, as shown on the Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). The traffic statement acknowledges that
these lots are subject to flooding during a 100‐year storm event, which could affect the access and safety of the project.
• The developer has not provided any information on how they plan to mitigate the flood risk or comply with the
floodplain management regulations.
• The project would also increase the amount of impervious surface and stormwater runoff, which could affect the
downstream properties and the quality of the nearby Salt River.
For all the above reasons, I urge you to deny the rezoning request as currently presented from Laveen Land Holdings LLC
and American Dream Housing, and to preserve the rural character and quality of life of our neighborhood.
I appreciate your attention and consideration of my views.
Sincerely,
Margaret Shalley
6830 West St Catherine Avenue
Laveen, AZ. 85339
Page 365
Nayeli Sanchez Luna
From: Mail
Sent: Sunday, December 10, 2023 10:19 AM
To: Council District 7 PCC
Cc: PDD Laveen VPC
Subject: Statement of opposition to rezoning case Z-56-23-7
Follow Up Flag: Follow up
Flag Status: Flagged
To Vice Mayor/City Council District 7 Councilwoman Yassamin Ansari and Laveen Village Planning
Committee Members:
I am writing in opposition to the rezoning request from Laveen Land Holdings LLC and American Dream
Housing for the vacant land southwest of 75th Avenue and Alta Vista Road in Laveen.
I have the following concerns about the potential impacts of this development on our community.
Significant Traffic and Safety Issues
• The developer plans to have only one ingress/egress point for the project, via south 77th Glen, which
would funnel all the traffic from the project through our streets.
• According to the traffic statement prepared by Summit Land Management, the project would generate
1,046 weekday daily trips (523 entering, 523 exiting), which would increase the congestion and noise on
our roads.
• The increased traffic would also pose a serious risk to the safety of our children, who walk, bike, and play
on our streets and sidewalks.
• The project does not have a secondary access point as required by the City of Phoenix Fire Code for
emergency purposes.
Incompatibility with Area’s Existing Rural Character and Low Density
• The developer is requesting to rezone the land from RU-43 (Rural District) to R1-6 (Single Family
Planned Residential Development), which would allow for 98 single family homes in a rental home
community, with a gross density of 5.17 dwellings per acre.
• Drastic increase in density and intensity that would create a stark contrast with the surrounding
neighborhoods, especially Trailside/Laveen Farms/Trailside Point, which have larger lot sizes and more
open space.
• The proposed home elevations and color schemes do not match the Laveen Village Design Standards or
the aesthetic preferences of the existing residents.
Page 366
• The project would also encroach on the natural desert environment and wildlife habitat that we value and
enjoy.
Negative Impacts on Area Drainage and Floodplain Conditions
• Two lots on the northern end of the project are located in a special flood hazard area, as shown on the
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). The traffic
statement acknowledges that these lots are subject to flooding during a 100-year storm event, which could
affect the access and safety of the project.
• The developer has not provided any information on how they plan to mitigate the flood risk or comply
with the floodplain management regulations.
• The project would also increase the amount of impervious surface and stormwater runoff, which could
affect the downstream properties and the quality of the nearby Salt River.
For all the above reasons, I urge you to deny the rezoning request from Laveen Land Holdings LLC and
American Dream Housing, and to preserve the rural character and quality of life of our neighborhood.
I appreciate your attention and consideration of my views.
Sincerely,
Jody Wolfe
4430 W Darrel Rd.
Laveen, Az 85339
Sent from my iPhone
Page 367
Nayeli Sanchez Luna
From: Ginny Gnepper
Sent: Wednesday, December 13, 2023 11:00 AM
To: Council District 7 PCC; PDD Laveen VPC
Subject: REZONING CASE Z-56-23-7
To Vice Mayor/City Council District 7 Councilwoman Yassamin Ansari and Laveen Village Planning
Committee Members:
I am writing in opposition to the rezoning request from Laveen Land Holdings LLC and American Dream
Housing for the vacant land southwest of 75th Avenue and Alta Vista Road in Laveen.
I am a resident of Laveen Farms/Trailside Point, a neighborhood adjacent to the proposed project site. I have the
following
concerns about the potential impacts of this development on our community.
Significant Traffic and Safety Issues
• The developer plans to have only one ingress/egress point for the project, via south 77th Glen, which
would funnel all the traffic from the project through our streets.
• According to the traffic statement prepared by Summit Land Management, the project would generate
1,046 weekday daily trips (523 entering, 523 exiting), which would increase the congestion and noise on
our roads.
• The increased traffic would also pose a serious risk to the safety of our children, who walk, bike, and
play on our streets and sidewalks.
• The project does not have a secondary access point as required by the City of Phoenix Fire Code for
emergency purposes.
Incompatibility with Area’s Existing Rural Character and Low Density
• The developer is requesting to rezone the land from RU‐43 (Rural District) to R1‐6 (Single Family
Planned Residential Development), which would allow for 98 single family homes in a rental home
community, with a gross density of 5.17 dwellings per acre.
• Drastic increase in density and intensity that would create a stark contrast with the surrounding
neighborhoods, especially Trailside/Laveen Farms/Trailside Point, which have larger lot sizes and more
open space.
• The proposed home elevations and color schemes do not match the Laveen Village Design Standards
or the aesthetic preferences of the existing residents.
• The project would also encroach on the natural desert environment and wildlife habitat that we value
and enjoy.
Negative Impacts on Area Drainage and Floodplain Conditions
• Two lots on the northern end of the project are located in a special flood hazard area, as shown on the
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). The traffic
statement acknowledges that these lots are subject to flooding during a 100‐year storm event, which
could affect the access and safety of the project.
• The developer has not provided any information on how they plan to mitigate the flood risk or comply
with the floodplain management regulations.
• The project would also increase the amount of impervious surface and stormwater runoff, which could
affect the downstream properties and the quality of the nearby Salt River.
Page 368
For all the above reasons, I urge you to deny the rezoning request from Laveen Land Holdings LLC and
American Dream Housing, and to preserve the rural character and quality of life of our neighborhood.
I appreciate your attention and consideration of my views.
Sincerely,
Roy & Virginia Gnepper
7408 W Alta Vista Rd
Laveen, AZ 85339
Page 369
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