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(CONTINUED FROM NOVEMBER 19, DECEMBER 3 AND 17, 2025) - Public
Hearing and Ordinance Adoption - Amend City Code - Ordinance Adoption -
Rezoning Application PHO-1-25--Z-29-12-7(5) - Southeast Corner of 99th Avenue
and Thomas Road (Ordinance G-7451) - District 5

Request to hold a public hearing and authorize the City Manager, or his designee, to
consider the Planning Hearing Officer's recommendation by the City Council on
matters heard by the Planning Hearing Officer on June 18, 2025.

Summary
Application: PHO-1-25--Z-29-12-7(5)
Existing Zoning: PUD
Acreage: 197.0

Owner: Sheely Ted D / ET AL c/o William Sheely / ET AL
Applicant / Representative: Jason Morris, Withey Morris Baugh, P.L.C.

Proposal:
1. Request to modify Stipulation 1 regarding the site plan within the development
narrative.

VPC Action: The Maryvale Village Planning Committee heard this request on June 12,
2025 and recommended approval with a vote of 12-1.
PHO Action: The Planning Hearing Officer recommended approval with a modification
and an additional stipulation.

Location
Southeast corner of 99th Avenue and Thomas Road
Council District: 5
Parcel Address: 2209 N. 99th Avenue

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

ATTACHMENT A

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

ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS
APPLICABLE TO REZONING APPLICATION Z-29-12-7(5)
PREVIOUSLY APPROVED BY ORDINANCE G-5779.

____________

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

follows:

SECTION 1. The zoning stipulations applicable to the site located at the

southeast corner of 99th Avenue and Thomas Road in a portion of Section 33,

Township 2 North, Range 1 East, as described more specifically in Exhibit A and

depicted in Exhibit B, are hereby modified to read as set forth below.

STIPULATIONS:

1. An updated Development Narrative for the Sheely Center 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 JUNE 6, 2025
September 27, 2012, as modified by the following stipulations.

2. The applicant shall submit a revised Traffic Impact Study to the Street
Transportation Department and Planning and Development Department
prior to preliminary site plan approval. The applicant shall be responsible
for any dedications and required improvements adjacent to the boundaries
of the subject property as recommended by the traffic study, as approved
by the Street Transportation Department and Planning and Development
Department.

3. ALL STREETS, WITHIN AND ADJACENT TO THE DEVELOPMENT,
SHALL BE DEDICATED AND CONSTRUCTED PER THE APPROVED
SHEELY FAMRS MASTER STREET PLAN. The applicant shall submit a
street alignment plan for public streets (design and alignment for all
arterial and collector streets), prior to preliminary site plan approval, for
review and approval by the Street Transportation Department and
Planning and Development Department.

4. Access to McDowell Road shall be reviewed by ADOT, Maricopa County,
city of Tolleson, and the city of Phoenix. Notification of such review shall
be submitted to the Street Transportation Department and the Planning
and Development Department prior to preliminary site plan approval.

5. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscape and other incidentals as per plans approved by
the Planning and Development Department. All improvements shall
comply with all ADA accessibility standards.

6. PRIOR TO FINAL 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 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-5779, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-5779 and as modified in

Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of

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

until all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase, or

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

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

validity of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 19th day of November

2025.

________________________________
MAYOR
________________________________
Date

ATTEST:

_________________________
Denise Archibald, City Clerk

APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney

By: _________________________
_________________________

REVIEWED BY:

_________________________
Ed Zuercher, City Manager

Exhibits:
A - Legal Description (4 Pages)
B - Ordinance Location Map (1 Page)

EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-25--Z-29-12-7(5)

The Land referred to herein below is situated in the County of Maricopa, State of
Arizona, and is described as follows:

LEGAL DESCRIPTION FOR Z-29-
12-7(5)

THAT PART OF PARCELS 1, 2 AND 3 LYING WEST OF THE WESTERLY
LINE OF THAT PROPERTY CONVEYED TO THE STATE OF ARIZONA BY
DEED RECORDED JULY 31, 1998 IN 98-663064 AND NORTH OF THE
NORTH RIGHT-OF-WAY LINE OF THE ROOSEVELT IRRIGATION DISTRICT
MAIN CANAL.

PARCEL NO. 1:

THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH,
RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA:

EXCEPT THE NORTH 33 FEET AND THE WEST 70 FEET; AND

EXCEPT A TRIANGULAR SHAPED PARCEL OF LAND DESCRIBED AS
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF
THE NORTH 200.00 FEET AND THE EAST LINE OF THE WEST 70 FEET OF
SAID NORTHWEST QUARTER OF SAID SECTION 33;

THENCE EASTERLY 5 FEET ALONG SAID SOUTHERLY LINE OF THE
NORTH 200.00 FEET TO A POINT;

THENCE IN A SOUTH-SOUTHWESTERLY DIRECTION TO A POINT ON THE
EAST LINE OF THE WEST 70 FEET THAT IS 600 00 FEET SOUTHERLY
FROM SAID POINT OF INTERSECTION;

THENCE NORTHERLY TO SAID POINT OF INTERSECTION; AND EXCEPT A
PARCEL DESCRIBED AS FOLLOWS:

BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF
THE NORTH 33 FEET AND THE EAST LINE OF THE WEST 75 FEET OF SAID
NORTHWEST QUARTER OF SAID SECTION 33;

THENCE EASTERLY 35 FEET ALONG SAID SOUTH LINE OF THE NORTH 33
FEET TOA POINT;

THENCE IN A SOUTHWESTERLY DIRECTION TO A POINT ON SAID EAST
LINE OF THE WEST 75 FEET THAT IS 35 FEET SOUTHERLY FROM SAID
POINT OF INTERSECTION;

THENCE NORTHERLY TO SAID POINT OF INTERSECTION, AND EXCEPT
THE EAST 5 FEET OF THE WEST 75 FEET OF THE SOUTH 167.00 FEET OF
THE NORTH 200.00 FEET OF SAID SECTION 33.

PARCEL NO 2:

THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA;

EXCEPT THE SOUTH 100 FEET OF THE WEST 298.72 FEET OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 33, AS CONVEYED TO THE
ROOSEVELT IRRIGATION DISTRICT, BY THAT CERTAIN DEED RECORDED
IN BOOK 218 OF DEEDS, PAGE 366, RECORDS OF MARICOPA COUNTY,
ARIZONA; AND INSTRUMENT 84-3648, AND

EXCEPT RIGHT OF WAY FOR DITCH EXTENDING FROM NORTH TO
SOUTH BOUNDARIES OF THE SOUTHWEST QUARTER OF SAID SECTION
33; ALONG AND IMMEDIATELY WEST OF THE EAST LINE THEREOF AS
CONVEYED TO UNITED STATES OF AMERICA BY THAT CERTAIN DEED
RECORDED IN BOOK 175 OF DEEDS, PAGE 429, RECORDS OF
MARICOPA COUNTY, ARIZONA, AND

EXCEPT THE WEST 65 FEET.

PARCEL NO 3:

PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION
33, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT FROM WHICH THE NORTHWEST CORNER
OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 33 BEARS SOUTH 88 DEGREES 48 MINUTES 30 SECONDS
WEST 120 FEET;

THENCE SOUTH O DEGREES 11 MINUTES WEST 367 70 FEET;

THENCE SOUTH 44 DEGREEES 36 MINUTES EAST 189.60 FEET;

THENCE SOUTH 27 DEGREES 23 MINUTES EAST 88 90 FEET;

THENCE SOUTH O DEGREES 01 MINUTES EAST 416.71 FEET;

THENCE SOUTH 44 DEGREES 18 MINUTES EAST 246.60 FEET;

THENCE SOUTH 56 DEGREES 58 MINUTES EAST 54.85 FEET;
THENCE NORTH 89 DEGREES 00 MINUTES EAST 2070.23 FEET,
THENCE NORTH O DEGREES 12 MINUTES EAST 50 FEET;
THENCE NORTH 89 DEGREES 00 MINUTES EAST 60 FEET (FROM WHICH
POINT THE SOUTH QUARTER CORNER OF SAID SECTION 33 BEARS
SOUTH 0 DEGREES 12 MINUTES WEST 160 FEET);

THENCE NORTH O DEGREES 12 MINUTES EAST ALONG THE MIDSECTION
LINE OF SAID SECTION 33, A DISTANCE OF 1170 FEET TO NORTHEAST
CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 33;

THENCE SOUTH 88 DEGREES 48 MINUTES 30 SECONDS WEST
ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF SAID SECTION 33 A DISTANCE OF 2525.89 FEET TO THE
PLACE OF BEGINNING,

EXCEPT RIGHT OF WAY FOR DITCH LYING IMMEDIATELY WEST OF THE
EAST LINE CONVEYED TO UNITED STATES OF AMERICA BY DEED
RECORDED IN BOOK 175 OF DEEDS, PAGE 429, RECORDS OF
MARICOPA COUNTY, ARIZONA; AND

EXCEPT THE EAST 90 FEET OF THE WEST 298.72 FEET OF THE SOUTH
HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, LYING
NORTH OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE
ROOSEVELT IRRIGATION DISTRICT MAIN CANAL;

ALSO BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE
OF THE WEST 208.72 FEET AND THE NORTH LINE OF SAID SOUTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 33;

THENCE WEST 75 FEET ALONG SAID NORTH LINE OF SAID SOUTH
HALF OF THE SOUTHWEST QUARTER; 75 FEET TO A POINT;

THENCE WEST 75 FEET ALONG SAID NORTH LINE OF SAID SOUTH
HALF OF THE SOUTHWEST QUARTER, 75 FEET TO A POINT;

THENCE IN A SOUTHEASTERLY DIRECTION TO A POINT ON SAID EAST
LINE OF THE WEST 208.72 FEET THAT IS 75 FEET SOUTHERLY FROM
SAID POINT OF INTERSECTION;

THENCE NORTHERLY TO THE POINT OF INTERSECTION.

PARCEL NO. 4:

THOSE PORTIONS OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE
QUARTER (S½ OF SW¼) OF SECTION THIRTY-THREE (33), TOWNSHIP
TWO (2) NORTH, RANGE ONE (1) EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:

PARCEL A

THAT PART OF THE WEST 208 72 FEET OF THE SOUTH ONE-HALF OF
THE SOUTHWEST ONE QUARTER (S½ OF SW¼) OF SAID SECTION 33,
LYING WITHIN A STRIP OF LAND NINETY (90) FEET WIDE ON A CENTER
LINE DESCRIBED AS FOLLOWS:

USING AS A BASE THE SOUTH ONE-HALF (S½) OF THE WEST LINE OF
SECTION THIRTY-THREE (33), TOWNSHIP TWO (2) NORTH, RANGE ONE
(1) EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, WITH AN
ASSUMED BEARING OF NORTH 0'04' EAST;

BEGINNING AT A POINT 256.9 FEET EAST OF AND 308.7 FEET NORTH OF
THE SOUTHWEST CORNER OF SAID SECTION 33, AND RUNNING
THENCE NORTH 0'06' WEST 453 7 FEET TO A POINT;

THENCE NORTH 45'06' WEST 247.6 FEET TO A POINT;

THENCE PARALLEL TO AND 78.0 FEET EAST OF THE WEST LINE OF SAID
SECTION 33, NORTH 0'04 EAST 476.0 FEET;

EXCEPT THE WEST SIXTY-FIVE (65) FEET OF SAID SECTION 33.

PARCEL B·

THAT PART OF THE WEST 208.72 FEET OF THE SOUTH ONE-HALF OF THE
SOUTHWEST ONE-QUARTER (S½ OF SW¼) OF SAID SECTION 33, LYING
NORTH OF THE NORTH LINE OF THE SOUTH 717.44 FEET OF SAID
SECTION 33 AND WEST OF PARCEL A AS DESCRIBED ABOVE:

EXCEPT THE WEST SIXTY-FIVE (65) FEET OF SAID SECTION 33

ATTACHMENT B

Village Planning Committee Meeting Summary
PHO-1-25—Z-29-12-7(5)

Date of VPC Meeting June 12, 2025
Date of Planning June 18, 2025
Hearing Officer Hearing
Request Modification of Stipulation 1 regarding modifications to
the conceptual site plan and updated imagery within
the development narrative.
Location Southeast corner of 99th Avenue and Thomas Road
VPC Recommendation Approval
VPC Vote 12-1

VPC DISCUSSION:

One member of the public registered to speak on this item.

Staff Background Presentation

Matteo Moric, staff, identified the location of the Sheely Center Planned Unit
Development (PUD) and shared a slide showing images from the PUD narrative
including the Conceptual Site Plan, Building Height Zones and Birdseye Perspective.
Mr. Moric stated the intent of the PUD is to have a mixed-use project with housing,
retail, entertainment, hotels, employment centers which include many specialized jobs.

Applicant Presentation

Jason Morris with Withey Morris Baugh, PLC, said the project was a culmination of
over 25 years and indicated what was being presented was largely built. Mr. Morris said
the Sheely Farms project originally came to the City in the early 2000’s. Mr. Morris
noted the site plan and PUD matched what was going on in the early 2000’s. Mr. Morris
said it was designed for all mixed-use developments but there were major amendments
which had changed the plans over time. Mr. Morris noted today’s portion of the project
was the last part and it included the commerce park, manufacturing, commercial, and
business park area. Mr. Morris added staff had told him over the previous six months
that if the PUD would be amended it would make sense to bring the entire Sheely
Center PUD up to date, so it would reflect what was already built. Mr. Morris said the
project includes the residential component, Sprouts anchored shopping center, and the
area immediately south of Thomas Road which was being constructed as commercial.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 160
Maryvale Village Planning Committee
Meeting Summary
PHO-1-25—Z-29-12-7(5)

Mr. Morris provided background on the developer, IDM Companies, and described a
main technology center they constructed out-of-state and felt they wanted to replicate it
in a smaller version at this site. Mr. Morris hoped this was the last amendment to the
Sheely Center PUD. Mr. Morris said that none of the underlying zoning and all the uses
as part of the original PUD are still in place. Mr. Morris said the proposal includes data
planning and tech, light manufacturing, business park and some of them could be office
showrooms and Mr. Morris equated it with a project at the Airpark area in Scottsdale.

Mr. Morris stated no changes are proposed to the narrative text, permitted uses or
development standards. Mr. Morris stated one of the buildings proposed has a
governmental service aspect with data planning analysis and a data center component.
Mr. Morris said he went to the City Council Office and stated with this type of project
there is lots of open space because of the nature of this type of development and the
required separation of other uses so they thought of creating a park.

Mr. Morris showed the weekday total trip comparison data as 93,333 in the current plan
versus the proposal of 20,087. Mr. Morris said the summary of benefits changes from a
vertical mixed-use to horizontal mixed-use project; maintaining employment and
commercial objectives of the PUD in a campus-like setting; providing public amenities,
meaningful enhancements to the social fabric through new connections; generating new
jobs; and activating an underutilized site.

Mr. Morris said there were soccer fields, and a park proposed per a request by the City
Council, and it was suggested to be closer to the retail by Thomas Road. Mr. Morris
added they would create walking paths to take people to the retail component and the
idea is to build and maintain fields which will be controlled.

Questions from the Committee/Applicant Response

Committee Member Jimenez asked if there was a fee for the league. Mr. Morris
responded no fee as it was through the charity itself.

Committee Member Ramirez asked if there was enough parking and said she did not
think it was enough parking for two fields as she had noticed parking was the biggest
issue for these types of fields. Mr. Morris said they created a little more room adjacent
to the fields for overflow parking but there would be a cross-access agreement with all
the retail uses for this reason.

Committee Member Ewing asked what makes the traffic less. Mr. Morris said the
traffic is less because the building itself changed and the original plan asked for very
traditional office square footage and the original offices were 3.8 million square feet and
it would be reduced down to about one half a million square feet which was the biggest
change. Mr. Ewing asked if the soccer fields were turf or grass. Mr. Morris said it was
more likely that they would be doing turf, but this decision had not been finalized.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 161
Maryvale Village Planning Committee
Meeting Summary
PHO-1-25—Z-29-12-7(5)

Committee Member DuBose said turf is really hot and people could not stand on it
during the summer. Mr. DuBose asked about the current soccer fields that were on the
site. Vice Chair Derie said the original soccer fields moved up north near the Cardinals
Stadium. Vice Chair Derie reminded the group of the concert venue at the property. Mr.
Morris said the Sheely family ran those venues and said the biggest change was when
they built the 101 Freeway in the City they did not sleeve water across to the west side.
Mr. Morris explained how water was needed to develop on the west side of the freeway

Committee Member Acevedo asked if the soccer fields would have public restrooms.
Mr. Morris said the restroom facilities could not be open all the time as they would be
opened and closed with the soccer fields and would be fenced off and controlled by the
soccer club. Vice Chair Derie said this would be like the same situation with the City
park where the restrooms would be locked. Committee Member Galaviz expressed
concerns for the homeless.

Committee Member Norgaard questioned what the change in the number of buildings
and employment would be from the current PUD to now. Mr. Morris said somewhere in
the magnitude of 60 buildings less. Mr. Morris said compared to the conceptual site plan
there would be less employment but felt the conceptual site plan would probably not be
applicable to today’s market.

Mr. Morris said that this proposal was not a pure data center as these were also training
centers. Mr. Morris indicated that there would be over 200 personnel per building as
they would be used for manufacturing, light assembly, and some showrooms and office.

Committee Member DuBose asked about the Sprouts. Mr. Morris said the Sheely’s
owned the farm and were not developers. Vice Chair Derie said Sheely Farms
originally included the eastern side of the 101 Freeway, which developed more quickly
because there was water.

Mr. Morris said the Council District was trying to push ownership versus rental.

Public Comments

Saul Perea, resident, asked how many of the jobs were for the local community and if it
would benefit everyone in the community. Mr. Perea said many of the community
colleges provide standardized job training. Mr. Perea felt there was nothing
guaranteeing jobs benefiting the local community in the long term. Mr. Perea added that
he wanted to know if the jobs would be for U.S. military veterans. Mr. Perea also added
about incorporating solar panels and shade for the parking.

Chair Barba said he wished there were pathways to jobs and as far as green space felt
the project was pretty green.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 162
Maryvale Village Planning Committee
Meeting Summary
PHO-1-25—Z-29-12-7(5)

Mr. Morris said in terms of employees they were moving a large number of them from
Glendale to Phoenix so it would be net new employees. Mr. Morris said they would
follow the employment practices of the U.S. Government.

Mr. Morris added there would be shaded pathways from the retail to the soccer fields
and noted the open space would be unpaved and walkable and parts of it would be lit
with small ankle lighting.

Chair Barba said he hopes there would be pathways for people in Maryvale to get high
school students into these high paying jobs now that it would be in their backyard.

Committee Member Acevedo asked if they do anything about getting Maryvale
residents training and jobs to support the community.

Mr. Morris said IDM Cares, the charitable organization associated with the developer
does not do job training.

Floor/Public Comment Closed: Motion, Discussion, and Vote

Motion
Committee Member Jimenez motioned to approve PHO-1-25—Z-29-12-7(5).
Committee Member Ewing seconded the motion.

Vote
12-1, Motion to recommend approval of PHO-1-25—Z-29-12-7(5) passes, with
Committee Members Acevedo, Alonzo, Demarest, DePascal, DuBose, Ewing, Galaviz,
Jimenez, Ramirez, Weber, Derie and Barba in favor; and Norgaard in opposition.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 163
ATTACHMENT C
REPORT OF PLANNING HEARING OFFICER ACTION
Byron Easton, Planner III, Hearing Officer
Teresa Garcia, Planner I, Assisting

June 18, 2025

ITEM NO: 1
DISTRICT NO. 5
SUBJECT:

Application #: PHO-1-25--Z-29-12-7(5)
Location: Southeast corner of 99th Avenue and Thomas Road
Zoning: PUD
Acreage: 197.0
Request: 1) Request to modify Stipulation 1 regarding the updated
imagery within the development narrative.
Applicant: Jason Morris, Withey Morris Baugh, PLC
Owner: Sheely Ted D / ET AL C/O William Sheely / ET AL
Representative: Jason Morris, Withey Morris Baugh, PLC

ACTIONS:

Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended approval with a modification and an additional stipulation.

Village Planning Committee (VPC) Recommendation: The Maryvale Village
Planning Committee heard this request on June 12, 2025 and recommended
approval with a vote of 12-1.

DISCUSSION:

Jason Morris, representative with Withey Morris Baugh PLC, introduced the
subject site and explained that zoning history. He stated that the North Gateway
Village Planning Committee (VPC) recommended approval by a vote of 12-1 and
this PHO Hearing is the result of a great deal of planning between the applicant
and City Council District office to update the PUD to conform with present market
conditions and the shared vision between the developer and the City. He stated
that the PUD has changed significantly since being approved in the 90’s and
early 2000’s and all stakeholders have agreed that the renderings must be
updated to support and reflect the new proposed development plan. There would
be no change to the underlying uses that are contained in the PUD.

Mr. Morris went on to explain the history of the Sheely Center PUD, including
some of the difficulties that were present that prevented development of the site.
IBM developed some of the infrastructure, including bringing water to the site.
He continued to explain the updates to the site, including replacing much of the

Planning Hearing Officer Summary of June 18, 2025
Application PHO-1-25--Z-29-12-7(5)
Page 2

office uses with more mixed-use, including retail/commercial, multi-family, an as-
built, garden-style multi-family development, commerce park uses, and a 58,256
square foot Sprouts grocery shopping center. In addition, new public amenities
are included in the exhibits, featuring two standard soccer fields, a park and
trails.

Byron Easton, Planning Hearing Officer, asked if Mr. Morris could speak about
the large buildings located at the north of the site. Mr. Morris explained that the
large buildings will be aligned with employment uses and will include a
government building. Mr. Morris followed up with an explanation of the proposed
vs. existing exhibits in the PUD including renderings and elevations

Mr. Easton asked if the applicant would have to go through PUD Amendment
process in addition to the PHO. Mr. Morris stated that they will not be required to
go through a PUD Amendment. Mr. Easton asked if in addition to the renderings,
the site plan is being replaced in the PUD Narrative. Mr. Morris stated that yes,
replacing the existing site plan with a revised conceptual site plan is part of the
request.

Mr. Easton, Planning Hearing Officer, explained that the request was approved
by the Village Planning Committee with a vote of 12-1 and he voiced his support
for the request and the various mix of uses that are being proposed. He
recommended approval.

FINDINGS:

1) The request to modify Stipulation 1 regarding updating the imagery,
including renderings and the site plan contained in the PUD Narrative, is
recommended to be approved. The modification will include an updated
stamp date to be consistent with the latest version of these exhibits.

The Sheely Center PUD, originally approved in 2013, was approved as
mixed-use in nature and this proposal still reflects that intent. Although
the site has been partially developed it has been re-designed as a
horizontal mixed-use development in replacement of the originally
planned, vertical mixed-use development. The original conceptual site
plan for the Sheely Center PUD feature a more intense, urban, office
centric design that has not come to fruition and is inconsistent with market
demands. The applicant’s request is limited to updating the exhibits within
the PUD and will not change the uses allowed within the original PUD
Narrative.

2) Stipulation 3 is recommended to be modified by replacing the existing
language with updated language consistent with recommendation from the
Streets Transportation Department. The stipulation now references a
Master Street Plan that has been completed and approved by STD. The

Planning Hearing Officer Summary of June 18, 2025
Application PHO-1-25--Z-29-12-7(5)
Page 3

updated stipulation acknowledges the Master Street Plan and requires
compliance with the Plan.

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

STIPULATIONS:

1. An updated Development Narrative for the Sheely Center 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 JUNE 6, 2025
September 27, 2012, as modified by the following stipulations.

2. The applicant shall submit a revised Traffic Impact Study to the Street
Transportation Department and Planning and Development Department
prior to preliminary site plan approval. The applicant shall be responsible
for any dedications and required improvements adjacent to the boundaries
of the subject property as recommended by the traffic study, as approved
by the Street Transportation Department and Planning and Development
Department.

3. ALL STREETS, WITHIN AND ADJACENT TO THE DEVELOPMENT,
SHALL BE DEDICATED AND CONSTRUCTED PER THE APPROVED
SHEELY FARMS MASTER STREET PLAN. The applicant shall submit a
street alignment plan for public streets (design and alignment for all
arterial and collector streets), prior to preliminary site plan approval, for
review and approval by the Street Transportation Department and
Planning and Development Department.

4. Access to McDowell Road shall be reviewed by ADOT, Maricopa County,
city of Tolleson, and the city of Phoenix. Notification of such review shall
be submitted to the Street Transportation Department and the Planning
and Development Department prior to preliminary site plan approval.

5. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscape and other incidentals as per plans approved by
the Planning and Development Department. All improvements shall
comply with all ADA accessibility standards.

Planning Hearing Officer Summary of June 18, 2025
Application PHO-1-25--Z-29-12-7(5)
Page 4

6. PRIOR TO FINAL 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.

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Meeting phoenix-formal-meeting-2026-01-21 complete

1. ¶ For Approval or Correction, the Minutes of the Formal Meeting on July 2, 2025

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2. ¶ Mayor and Council Appointments to Boards and Commissions

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3. ¶ Swearing In of a Municipal Court Judge

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4. ¶ Liquor License - Cactus Liquor - District 1

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5. ¶ Liquor License - Jacksons #808 - District 3

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6. ¶ Liquor License - Vibe Box - District 3

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7. ¶ Liquor License - Special Event - Arizona Matsuri - District 4

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8. ¶ Liquor License - Special Event - Willo Neighborhood Association - District 4

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9. ¶ Liquor License - Special Event - Knights of Columbus Cathedral Council 12708 -

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10. ¶ Liquor License - Special Event - Laveen Youth FC - District 5

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11. ¶ Liquor License - Special Event - Save Our Schools Arizona Network - District 6

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12. ¶ Liquor License - Par-Five Sports Grill - District 6

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13. ¶ Liquor License - East Bite - District 7

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14. ¶ Liquor License - Hero - District 7

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15. ¶ Liquor License - The Nash - District 7

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16. ¶ Liquor License - Pizzanista! - District 7

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17. ¶ Liquor License - Vallarta Supermarkets #68 - District 7

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18. ¶ Liquor License - Ace of Wingz - District 8

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19. ¶ Liquor License - Supply & Sip - District 8

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20. ¶ BVDA America, Inc.

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21. ¶ Maricopa County Air Quality and Environmental Regulations

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22. ¶ Caliente Construction, Inc.

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23. ¶ Settlement of Claim(s) Jacques v. City of Phoenix

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24. ¶ Proposed 9th Avenue and Alameda Road Annexation - Authorization to File -

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25. ¶ Authorization to Amend License Agreement 145223 for City-Owned Property

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26. ¶ ***ITEM REVISED (SEE ATTACHED MEMO)*** Authorization to Disburse Funds

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27. ¶ Amendments to the City's Combined Classification and Pay Ordinance (S-51144)