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Meeting phoenix-pdf-2021-06-02 complete

2021-06-02 · Formal Meeting

Items: 111

Formal Meeting

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Item text
For Approval or Correction, the Minutes of the Formal Meeting on March 18,

Summary
This item transmits the minutes of the Formal Meeting of March 18, 2020, for review,
correction and/or approval by the City Council.

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

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




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Report

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Item text
For Approval or Correction, the Minutes of the Formal Meeting on April 1, 2020

Summary
This item transmits the minutes of the Formal Meeting of April 1, 2020, for review,
correction and/or approval by the City Council.

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

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




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Report

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

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




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ATTACHMENT A




To: City Council Date: June 2, 2021
From: Mayor Kate Gallego

Subject: BOARDS AND COMMISSIONS – APPOINTEES

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

Fire Safety Advisory Board

I recommend the following for appointment:

Gurvinder Aujla
Mr. Aujla is the President of the Aujla Group. He fills the Petroleum Industry vacancy for
a term to expire June 2, 2025.

Mayor's Human Trafficking Task Force

I and Councilman Jim Waring recommend the following for appointment:

Rosemary Wilson
Ms. Wilson is a retired psychiatrist and paramedic.

Neighborhood Block Watch Fund Oversight Committee

Councilwoman Debra Stark recommends the following for appointment:

Jeff Tisot
Mr. Tisot is the President of the East Sunnyslope Neighborhood Association and Block
Watch and a resident of District 3. He fills a vacancy for a term to expire August 31,
2022.

Paradise Valley Village Planning Committee

Councilman Jim Waring recommends the following for appointment:




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Patricia Diane Petersen
Ms. Petersen is a Speech and Language Pathologist at the Paradise Valley Unified
School District and a resident of District 2. She fills a vacancy for a term to expire
November 19, 2022.

Phoenix Business and Workforce Development Board

I recommend the following for appointment:

John Soto
Mr. Soto is a Program Manager at the DES Workforce Development Administration and
a resident of District 5. He replaces Edward Abramowitz as the Department of
Economic Security Title III Employment Services representative and will fulfill his term to
expire June 30, 2023.

Rio Vista Village Planning Committee

Councilwoman Ann O’Brien recommends the following for appointment:

Chris Gonzalez
Mr. Gonzalez is a Senior Loan Officer at All Western Mortgage, Inc. and a resident of
District 1. He fills a vacancy for a term to expire November 19, 2022.

Scott Lawrence
Mr. Lawrence is the Vice President of Bluestone Capital Management LLC and a
resident of District 1. He fills a vacancy for a term to expire November 19, 2022.




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Report

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Item text
Liquor License - The Mexicano

Request for a liquor license. Arizona State License Application 148349.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 12 - Restaurant

Location
4801 E. Cactus Road
Zoning Classification: C-2 PCD
Council District: 3

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

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

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

Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
applicant in the State of Arizona.


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

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

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

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We would like the ability of offer our patrons an adult beverage with their meal if they
choose to have one.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - The Mexicano
Liquor License Map - The Mexicano

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




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Liquor License Data: THE MEXICANO
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 2 1

Beer and Wine Bar 7 1 0

Liquor Store 9 4 2

Beer and Wine Store 10 8 2

Hotel 11 1 1

Restaurant 12 27 15


Crime Data

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

Property Crimes 44.37 71.76 97.87

Violent Crimes 8.14 4.77 6.68

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



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 32

Total Violations 89 39




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

1032051 1834 100 % 6% 0%

1032052 1192 82 % 0% 16 %

1032081 1605 97 % 10 % 12 %

1032082 1548 38 % 36 % 18 %

1032083 885 93 % 10 % 0%

1032091 804 74 % 0% 24 %

1032092 970 69 % 24 % 27 %

1032093 1766 93 % 17 % 2%

1032106 886 23 % 22 % 7%

Average 61 % 13 % 19 %




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Liquor License Map: THE MEXICANO
4801 E CACTUS RD




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Report

Supporting documents

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Item text
Liquor License - Smashers Eats

Request for a liquor license. Arizona State License Application 148319.

Summary

Applicant
Kevin Babcock, Agent

License Type
Series 12 - Restaurant

Location
16816 N. Cave Creek Road
Zoning Classification: C-2
Council District: 3

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

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

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

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


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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“We have held liquor licenses in Nevada for aprox. 4 years, with out incident. We are
trained and understand how to safely serve the public.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We will serve mostly food in our establishment with the option to have an alcoholic
beverage with a meal. We have purchased and are taking over an existing restaurant
that has an existing Series 12 liquor license.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Smashers Eats
Liquor License Map - Smashers Eats

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




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Liquor License Data: SMASHERS EATS
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 1

Beer and Wine Bar 7 2 2

Liquor Store 9 6 1

Beer and Wine Store 10 9 4

Restaurant 12 15 7


Crime Data

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

Property Crimes 44.37 89.43 132.90

Violent Crimes 8.14 17.91 20.27

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



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 61

Total Violations 89 111




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

1033051 1180 47 % 29 % 35 %

1033052 2333 59 % 9% 30 %

1033061 921 18 % 28 % 32 %

1036061 1067 84 % 15 % 13 %

1036063 2174 78 % 13 % 25 %

6194001 1068 54 % 32 % 9%

6194002 1484 18 % 18 % 8%

6195003 2362 65 % 14 % 8%

Average 61 % 13 % 19 %




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Liquor License Map: SMASHERS EATS
16816 N CAVE CREEK RD




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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Ainsworth Phoenix

Request for a liquor license. Arizona State License Application 148384.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 12 - Restaurant

Location
3 S. 2nd St., Ste. 117
Zoning Classification: DTC - Business Core
Council District: 7

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

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

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

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


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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.

McFadden's Restaurant & Saloon (Series 6)
9425 W. Coyotes Blvd., Bldg H, Glendale
Calls for police service: N/A - not in Phoenix
Liquor license violations: In Aug. 2018, a fine was paid for allowing an underage
person on the premises without a parent. In Nov. 2019, a fine was paid for having a
person take or solicit orders for spirituous liquors who was not a licensed salesperson.

Lola (Series 6)
6770 N. Sunrise Blvd., Glendale
Calls for police service: N/A - not in Phoenix
Liquor license violations: In Oct. 2019, a fine was paid for purchasing alcohol from
other than a primary source.

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

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

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

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We would like the ability to offer our patrons an adult beverage with their meal if they
choose to have one.”

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

Attachments
Liquor License Data - Ainsworth Phoenix


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Liquor License Map - Ainsworth Phoenix

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




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Liquor License Data: AINSWORTH PHOENIX
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 2 0

Wholesaler 4 1 1

Government 5 8 5

Bar 6 40 23

Beer and Wine Bar 7 11 6

Liquor Store 9 3 2

Beer and Wine Store 10 9 1

Hotel 11 7 5

Restaurant 12 78 35

Club 14 3 0


Crime Data

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

Property Crimes 44.37 142.70 178.98

Violent Crimes 8.14 38.80 43.84

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



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 36

Total Violations 89 58




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

1131001 1015 7% 8% 28 %

1131002 1242 3% 7% 33 %

1132022 1257 47 % 29 % 55 %

1140001 1831 25 % 20 % 47 %

1140002 78 77 % 0% 32 %

1141001 2299 16 % 37 % 44 %

1142001 1321 36 % 22 % 50 %

Average 61 % 13 % 19 %




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Liquor License Map: AINSWORTH PHOENIX
3 S 2ND ST




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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Bacanora

Request for a liquor license. Arizona State License Application 148026.

Summary

Applicant
Rene Andrade Jr., Agent

License Type
Series 12 - Restaurant

Location
1301 Grand Ave. #1
Zoning Classification: C-3 HP SP ACOD
Council District: 7

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

The 60-day limit for processing this application is June 6, 2021.

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

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


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

Tacos Chiwas (Series 12)
1923 E. McDowell Road, Phoenix
Calls for police service: 3
Liquor license violations: In Aug. 2018, a fine of $750.00 was paid for selling without a
license and on sale retail personnel records.

Tacos Chiwas (Series 12)
127 W. Main St., Mesa
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I been working on this industry 15 + years have help the comunity to be a bletter
place.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“It willo bring nore busness to this side of town also more opportunity for othet people
to have more jobs open in this comunity.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Bacanora
Liquor License Map - Bacanora




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




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Liquor License Map: BACANORA
1301 GRAND AVE




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City Clerk Department
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PAYMENT ORDINANCE (Ordinance S-47590) (Items 8-28)
Ordinance S-47590 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.

8 K.M. Facility Services, LLC
For $25,000.00 in payment authority for a one-time purchase of
commercial cleaning services for the Aviation Department. The qualified
vendor will clean an estimated 3,000-square-foot commercial restaurant
kitchen at the temporarily closed Deer Valley Airport Restaurant. The
scope of work will include cleaning and degreasing of all kitchen and food
preparation surfaces to meet current industry health and safety standards.

9 John C Kliethermes doing business as KW
Construction LLC
For $17,376.00 in payment authority to pay for repairs to a portion of the
Echo Canyon Trailhead perimeter fence for the Parks and Recreation
Department. The fence was damaged by a private vehicle collision. Parks
and Recreation staff contacted construction vendors who are on contract
to locate the matching block and none were found. KW Construction
constructed the original wall and had block to match.

10 Concept Development Corporation
For $16,000.00 in payment authority to purchase adaptors and
accessories for the ICOR Mini Robot for the Police Department. The
equipment will be used by the Homeland Defense Bureau's (HDB) bomb
squad technicians to remotely and safely dispose of suspected


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improvised explosive devices. The items are small, light, and portable and
will enhance interoperability, allowing bomb squad technicians to rapidly
respond to incidents. Similar items are being used by other bomb squads
in the valley and Concept Development Corporation is the only vendor
who provides custom mounting kits that are interchangeable with the
mini-caliber robot already in use by the HDB. The purchase will be funded
by the FY 2020 State Homeland Security Grant Program Explosive
Ordnance Disposal Enhancement Grant.

11 SecureLink, Inc.
For $23,285.00 in additional payment authority for software upgrades,
maintenance and support of the SecureLink Enterprise license
subscription, for the Police Department. SecureLink encrypts all traffic
protecting the City's sensitive information and provides a secure and
reliable remote connection for vendors to connect to the Police
Department's applications for support. Continuous maintenance and
support are needed to keep the remote access secure and to protect the
traffic flowing through the Police Department's computer network.

12 LN Curtis & Sons doing business as Curtis Blue Line
For $30,000.00 in payment authority for a new contract, entered on or
about June 15, 2021 for a term of five years for Purple K dry chemicals
for the Fire Department. Purple K dry chemical is a fire extinguishing
agent required by the Federal Aviation Administration for the Code of
Federal Regulations Part 139, Aircraft Rescue and Fire Fighting (ARFF).
The product will be used by the ARFF fire trucks to put out fuel fires at
Sky Harbor International Airport. The contract will be funded by the
Aviation Department.

13 ZOLL Medical Corporation
For $40,083.00 in payment authority for the purchase of an X series
manual monitor-defibrillator, warranty and maintenance services for the
Police Department. The department's Emergency Medical Services staff
responds to emergency calls which at times require the need for
cardiopulmonary resuscitation, to resuscitate victims of sudden cardiac
arrest in response to opioid overdose situations. This is a one-time
purchase of the cardiac monitor equipment, which includes a maintenance
service plan. The equipment will provide basic vital signs, perform 12 lead


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electrocardiogram cardioversion and manual defibrillation diagnostic
information on a patient and provide the information to the emergency
care services. The purchase of the cardiac monitor equipment,
accessories and maintenance service plan is vital and necessary for use
on community members.

14 National Tactical Officers Association
For $17,611.00 in payment authority to purchase training for Rescue Task
Force Instructor Certification for the Fire Department. The three-day
training course will certify 20 instructors within the Phoenix region to
instruct Rescue Task Force courses. The Rescue Task Force course is
designed to teach students the four main methods of warm zone care
during active violence incidents. The ability to teach and train public safety
partners throughout the Phoenix Metropolitan region on Rescue Task
Force response and methodology will ensure a continuous and consistent
level of standardized training. The training has been approved by Federal
Emergency Management Agency and will be funded through the 2016
Complex Coordinated Terrorist Attack Grant program.

15 Leeds Precision Instruments, Inc.
For $26,282.00 in payment authority for the one-time purchase of a
one-year warranty for the continued support and maintenance of the
Evofinder Scanner Automated Ballistics Identification System used by
and for the Police Department. The Evofinder Scanner is a 3D digital
bullet comparison scope system that aids the Department in the
comparison of forensic evidence. The extended warranty will provide
repair services and necessary software updates to the system.

16 Settlement of Claim(s) Lee v. City of Phoenix
To make payment of $425,000.00 in settlement of claim(s) in Lee v. City
of Phoenix, 2:20-CV-02456-SMB, 20-0631-001, GL, BI, for the Finance
Department pursuant to Phoenix City Code chapter 42. This is a
settlement of a bodily injury claim arising out of a police incident on June
1, 2019.

17 Settlement of Claim(s) Balyan v. City of Phoenix
To make payment of $2,500,000.00 in settlement of claim(s) in Balyan v.



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pursuant to Phoenix City Code chapter 42. This is a settlement of bodily
injury claim arising out of a police incident on March 11, 2018.

18 Ametek Arizona Instrument LLC dba Ametek Brookfield
For $50,000.00 in payment authority to purchase hazardous material
mercury meters for the Fire Department. The mercury meters are used by
the Fire Department’s emergency response personnel at residential
occupancies, education and medical facilities, or any location that mercury
may be present and are at end of life. These are the only meters in the
department’s hazardous materials meter fleet that detect mercury. The
hazardous materials meters are a critical part of the department’s ability to
identify dangerous substances and mitigate those hazards to protect the
public and firefighters.

19 Bureau of Reclamation
For $55,000.00 in payment authority for the annual administrative fee for
the Parks and Recreation Department for the Bureau of Reclamation's
administrative costs associated with the agreement for the land use of the
1,200-acre Reach 11 Recreation Area.

20 Noregon Systems, Inc.
For $10,000.00 in additional payment authority for existing JPro
Diagnostic Software licenses for the Public Works Department. The
software is utilized by Public Works fleet technicians to diagnose heavy
duty equipment including fire apparatus. The diagnoses information is
used to identify needed repairs to ensure equipment is returned into
service in a timely manner.

21 U.S. Environmental Protection Agency
For $113,000.00 in payment authority for reimbursement to the U.S.
Environmental Protection Agency (USEPA) for oversight of the 19th
Avenue Landfill for the Public Works Department. The payment request is
necessary for the City to pay costs to the USEPA for compliance review
and site inspections for the annual regulatory oversight process and the
Five-Year Review.




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22 Maricopa County Air Quality Department
For $118,000.00 for annual payment authority of various mandated
regulatory environmental permit fees for the solid waste landfill sites and
transfer stations for the Public Works Department. The department is
responsible for the maintenance and operations of the landfills and
transfer stations and must maintain various permits, pay user fees and to
adhere to regulatory requirements mandated by the Maricopa County Air
Quality Department.
23 Arizona Department of Environmental Quality
For $257,000.00 for annual payment authority of regulatory fees for the
Public Works Department. The City operates and maintains one open
landfill, five closed landfills and two transfer stations that must meet
regulatory requirements as mandated by the Arizona Department of
Environmental Quality (ADEQ). The ADEQ requires the City to pay
several routine fees including landfill and transfer station registration fees,
quarterly landfill fees, storm water permit fees, superfund program
oversight fees, aquifer protection permit administration fees and financial
assurance fees.
24 Cubic Corporation and Subsidiaries doing business as
Cubic ITS, Inc.
For $95,000.00 in payment authority for a new contract to be entered on
or about June 3, 2021 for a term of five years for Synchro software which
models traffic signal operations, evaluates traffic flow and determines
roadway capacity for the Street Transportation Department. The Synchro
software is considered a standardized tool for traffic engineers and
transportation planners within the transportation industry. The department
already utilizes Synchro and the contract will ensure that the latest
versions and enhancements to the software are upgraded annually.
25 Rummel Construction, Inc.
For $450,181.22 in additional payment authority for Agreement 153980,
for Change Order 1, Project PW16810006-1 for SR85 Landfill Cell 1
Phase 5 Excavation and Liner Plan Design-Bid-Build Services for the
Public Works Department. The Change Order is to cover a force majeure
event that led to a significant increase in the cost of material due to
adverse weather conditions that led to production delay and material
shortages.


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26 City of Buckeye
For $570,000.00 in payment authority for Contract 100744 to continue the
operation of the City of Phoenix landfill within the City of Buckeye, for the
Public Works Department. Payment of royalties is based on 7.5 percent
of the gate revenue generated from solid waste received at each transfer
station and disposed of at the SR85 Landfill in Buckeye. The
Intergovernmental Agreement requires Phoenix to reimburse Buckeye for
its solid waste collection and disposal fees paid on behalf of the prison
adjacent to the SR85 Landfill.

27 City of Mesa
For $100,000.00 for annual payment authority for the water, wastewater,
solid waste, and gas costs associated with the Val Vista Water Treatment
Plant, including yearly maintenance and repair shutdown for the Water
Services Department. During the shutdown, services are purchased from
the City of Mesa for the site, including potable water, wastewater services,
solid waste services for removing debris from the Salt River Project South
Canal, and natural gas services to power standby generators.

28 Veolia North America, Inc., doing business as Veolia
Water North America Operating Services, LLC
For $7,050,000.00 for annual payment authority for Contract 107745 from
July 1, 2021, through June 30, 2022, for operating costs for the Lake
Pleasant Water Treatment Plant for the Water Services Department. The
water treatment plant came online in early 2007 and primarily serves the
northwest area of the City. The City of Phoenix entered into a 15-year
agreement for operation and maintenance of this facility, which is
operational 24-hours-per-day, seven-days-per-week, to treat raw water,
produce and supply finished water, and transport and dispose of plant
by-products and operating wastes.




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Report

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Item text
Public Hearing on the 2021-26 Capital Improvement Program

As required by the City Charter, this item requests the City Council conduct a public
hearing on the 2021-26 Capital Improvement Program for purposes of receiving public
comments.

Responsible Department
This item is submitted by City Manager Ed Zuercher, Assistant City Manager Jeff
Barton and the Budget and Research Department.




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Report

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Item text
Adoption of the 2021-26 Capital Improvement Program (Resolution 21928)

Request City Council approval of a resolution adopting a 2021-26 Capital Improvement
Program (CIP) for the City of Phoenix. This resolution does not appropriate or commit
any public funds, but represents an endorsement of the proposed capital
improvements and the five-year plan of expenditure as a reasonable and desirable
plan to be accomplished by the City. A five-year capital plan is considered a best
financial practice.

Summary
The Five-Year CIP is a plan for the replacement, expansion and improvement of city
infrastructure, facilities and technology used to deliver community services. It is
financed from pay-as-you-go funds, property tax and revenue supported bond
proceeds, federal and state participation funds, passenger facility charges, customer
facility charges, participation by other governmental entities in certain projects,
development impact fees, capital grants, capital reserves, solid waste remediation
funds and other capital funding sources.

The Preliminary Five-Year CIP was presented to the City Council on March 16, 2021.
The 2021-26 CIP proposed for adoption includes adjustments to reflect carryovers and
known cost and resource changes.

The City Charter requires that the Five-Year CIP be adopted by resolution immediately
following the advertised public hearing, which this year will take place at the Formal
meeting on June 2, 2021.

Adoption of the resolution (Attachment A) does not commit any funds, but represents
an endorsement of the CIP as a desirable plan to be accomplished over the next five
years. The first year of the CIP is adopted by ordinance as part of the annual budget
adoption process, which provides the only authority to commit funds.

Responsible Department
This item is submitted by City Manager Ed Zuercher, Assistant City Manager Jeff
Barton and the Budget and Research Department.



Page 49
ATTACHMENT A

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


RESOLUTION #####


A RESOLUTION ADOPTING A 2021-26 CAPITAL
IMPROVEMENT PROGRAM FOR THE CITY OF PHOENIX.


_____________


WHEREAS the provisions of Section 18, Chapter XVIII, Phoenix City

Charter require that the City Manager submit to the City Council a five-year capital

improvement program; and

The City Manager having prepared a five-year program listing all capital

improvements proposed to be undertaken during the next ensuing fiscal years

beginning July 1, 2021 and ending June 30, 2026; and

Said programs having been submitted to the City Council and filed of

record under the title "Preliminary 2021-2026 Capital Improvement Program," in the

office of the City Clerk; and

A public hearing on the program having been held on June 2, 2021, at

2:30 p.m. at the Council Chambers of the City of Phoenix, 200 West Jefferson, Phoenix,

Arizona; notice of the time, date and place of said hearing having been placed in the

official City newspaper and posted on the official bulletin boards not less than two

weeks prior to the hearings; and the City Council having considered all matters

appropriate thereto;



-1- Resolution #####
Page 50
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX as

follows:

SECTION 1. That the proposed five-year capital improvement program of

all capital improvements to be undertaken by the City of Phoenix for the five next

ensuing fiscal years commencing July 1, 2021, and consisting in general of the following

items and amounts:

Program Five-Year Total

Arts and Cultural Facilities $902,000
Aviation 1,494,176,000
Economic Development 36,633,000
Environmental Programs 1,250,000
Facilities Management 97,439,000
Finance 8,000,000
Fire Protection 37,133,000
Historic Preservation & Planning 3,648,000
Housing 88,216,000
Human Services 600,000
Information Technology 58,961,000
Libraries 9,441,000
Neighborhood Services 14,056,000
Non-Departmental Capital 515,421,000
Parks, Recreation & Mountain Preserves 212,697,000
Phoenix Convention Center 32,019,000
Police Protection 52,412,000
Public Art Program 12,486,000
Public Transit 1,241,713,000
Regional Wireless Cooperative 30,005,000
Solid Waste Disposal 74,947,000
Street Transportation & Drainage 860,368,000
Wastewater 1,626,835,000
Water 1,739,120,000

Total $8,248,478,000


All as is more explicitly set forth in the document entitled "2021-2026

Capital Improvement Program" and in a section of the document entitled "The 2021-


-2- Resolution #####
Page 51
2022 Phoenix Detail Budget," to be submitted by the City Manager and filed with the

City Clerk, is adopted as the capital improvement program of the City.

SECTION 2. The adoption of this program is a statement of present goals

and objectives subject to actual annual appropriation by budget procedure and adoption

and to expenditure by regular fiscal payment ordinance.

PASSED by the Council of the City of Phoenix this 2nd day of June, 2021.



_________________________________________

MAYOR



ATTEST:


City Clerk

APPROVED AS TO FORM:


Acting City Attorney

REVIEWED BY:


City Manager




-3- Resolution #####
Page 52



Report

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Item text
Public Hearing on Adoption of the Tentative 2021-22 Annual Budget Ordinances

As required by the City Charter and State statute, this item requests the City Council
conduct a public hearing on the adoption of the tentative 2021-22 Annual Budget
ordinances (see Attachments A and B for additional information).

Responsible Department
This item is submitted by City Manager Ed Zuercher, Assistant City Manager Jeff
Barton and the Budget and Research Department.




Page 53
ATTACHMENT A



Adoption of the Annual Tentative 2021-2022 Budget Ordinances

This report provides backup information to items on the June 2, 2021 Council Formal
agenda regarding adoption of the Tentative 2021-2022 Budget ordinances. These are
the annual steps required by City Charter and State Law.

State law requires adoption of the annual Tentative Budget ordinances, followed by two
consecutive weeks of publication of the adopted Tentative Budget in the legally
prescribed format. Detailed budget schedules prepared on forms provided by the State
Auditor General’s Office in accordance with state law are attached to this report.

Adoption of the Tentative 2021-2022 budget ordinances requires the following:

1. Holding a public hearing

2. Adoption of the Tentative 2021-2022 Budget ordinance. This ordinance adopts the
portion of the Tentative Budget financed from operating resources. It represents the
2021-2022 Budget approved by the City Council on May 18.

3. Adoption of the Tentative 2021-2022 Capital Funds Budget ordinance. This
ordinance adopts the portion of the Tentative Budget financed from capital funds and
is included in the first fiscal year of the 2021-2026 Capital Improvement Program.

4. Adoption of the Tentative 2021-22 Reappropriated Funds Budget ordinance. This
budget ordinance is required to rebudget funds that were contractually committed in
the prior fiscal year but not yet fully expended. Since budget appropriations expire
on June 30 of each fiscal year, this ordinance re-establishes the appropriations for
payment of vendors as goods and services are received.

For example, on November 4, 2020, the City Council awarded a contract to
Insituform Technologies, LLC to provide design-bid-build services in support of the
Small Diameter Sanitary Sewer Rehabilitation 2020 project. The amount of the
contract was $4,705,708, which was encumbered, or committed using the 2020-
2021 Wastewater Capital funds budget appropriation. However, to-date payments
on this contract have not yet occurred and will extend into fiscal year 2021-2022.
The contract amount is included in the Reappropriated Funds ordinance to ensure
the spending authority is in place for future payments made on this contract during
the 2021-2022 fiscal year.

REMAINING STEPS
Following this action, the Tentative 2021-2022 Budget information will be advertised for
two consecutive weeks in accordance with state law.

State law also requires adoption of the Final 2021-2022 Budget ordinances following the
two weeks of advertised publications of the adopted Tentative Budget. The City Charter
requires Council adopt the budget on or before the last day of June each year. As a



Page 54
result, adoption of the Final 2021-2022 Budget is scheduled for the June 16, 2021
Council Formal meeting. The June 16, 2021 actions will include the Final 2021-2022
Budget ordinance, the Final 2021-2022 Capital Funds Budget ordinance, and the Final
2021-2022 Reappropriated Funds Budget ordinance. Both state law and the City
Charter require holding public hearings prior to adoption of the Budget ordinances.

Also on the June 16, 2021 agenda there will be several items necessary to close out the
current fiscal year and prepare for the annual independent audit. A separate City
Council Report will be provided explaining these funding plan close-out items for the
June 16, 2021 agenda.

The 2021-2022 Property Tax Levy will be brought forward for adoption on July 1, 2021,
as state law requires this to occur at least 14 days after adoption of the Final Budget.
The City Charter requires adoption of the Property Tax Levy no later than the last
regularly scheduled meeting in July. Based on the May 18, 2021 City Council action,
the levy will reflect a total property tax rate of $2.1196 per $100 of assessed valuation.




Page 55
Attachment B - State Forms A through G

CITY OF PHOENIX, ARIZONA
Summary Schedule of Estimated Revenues and Expenditures/Expenses
Fiscal Year 2021-22
(In Thousands)


FUNDS
S
c
Fiscal h Special Revenue Capital Projects Enterprise Reappropriation
Year General Fund Fund Debt Service Fund Fund Funds Available Funds Total All Funds

2021 Adopted/Adjusted Budgeted Expenditures/Expenses* E 1,476,913 1,727,285 129,497 2,599,180 1,686,765 2,213,434 9,833,074

2021 Actual Expenditures/Expenses** E 1,377,249 1,431,408 128,846 979,440 1,410,629 1,435,601 6,763,173

2022 Fund Balance/Net Position at July 1*** 244,765 567,054 100 633,566 739,279 2,341,651 4,526,415

2022 Primary Property Tax Levy B 191,294 191,294

2022 Secondary Property Tax Levy B 119,289 119,289

2022 Estimated Revenues Other than Property Taxes C 194,252 2,897,357 4,397 467,229 1,363,608 4,926,843

2022 Other Financing Sources D 1,000 1,074 650 700,000 5,431 708,155

2022 Other Financing (Uses) D

2022 Interfund Transfers In D 1,117,024 595,203 5,379 20,285 137,684 1,875,575

2022 Interfund Transfers (Out) D 140,717 1,571,947 44,611 117,708 1,874,983
Page 56
2022 Reduction for Amounts Not Available:

LESS: Amounts for Future Debt Retirement:

Future Capital Projects

Maintained Fund Balance for Financial Stability

2022 Total Financial Resources Available 1,607,618 2,488,741 129,815 1,776,469 2,128,294 2,341,651 10,472,588

2022 Budgeted Expenditures/Expenses E 1,607,618 2,206,494 129,714 1,157,566 1,682,695 2,341,651 9,125,738

EXPENDITURE LIMITATION COMPARISON 2021 2022
1. Budgeted expenditures/expenses $ 7,619,640 $ 6,784,087
2. Add/subtract: estimated net reconciling items (1,447,661) 1,451,623
3. Budgeted expenditures/expenses adjusted for reconciling items 6,171,979 8,235,710
4. Less: estimated exclusions
5. Amount subject to the expenditure limitation $ 6,171,979 $ 8,235,710
6. EEC expenditure limitation $ 9,833,074 $ 9,125,738


* Includes Expenditure/Expense Adjustments Approved in the current year from Schedule E.
** Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year.
*** Amounts on this line represent Fund Balance/Net Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained
intact (e.g., principal of a permanent fund).




4/19 Arizona Auditor General's Office
SCHEDULE A Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Tax Levy and Tax Rate Information
Fiscal Year 2021-22
(In Thousands)
2020-21 2021-22
1. Maximum allowable primary property tax levy.
A.R.S. §42-17051(A) $ 185,429 $ 193,314

2. Amount received from primary property taxation in
the current year in excess of the sum of that
year's maximum allowable primary property tax
levy. A.R.S. §42-17102(A)(18) $

3. Property tax levy amounts
A. Primary property taxes $ 181,767 $ 193,225
B. Secondary property taxes 114,741 120,494
C. Total property tax levy amounts $ 296,508 $ 313,719

4. Property taxes collected*
A. Primary property taxes
(1) Current year's levy $ 179,950
(2) Prior years’ levies 1,261
(3) Total primary property taxes $ 181,211
B. Secondary property taxes
(1) Current year's levy $ 113,594
(2) Prior years’ levies 868
(3) Total secondary property taxes $ 114,462
C. Total property taxes collected $ 295,673

5. Property tax rates
A. City/Town tax rate
(1) Primary property tax rate 1.3055 1.3055
(2) Secondary property tax rate 0.8241 0.8141
(3) Total city/town tax rate 2.1296 2.1196
B. Special assessment district tax rates
Secondary property tax rates - As of the date the proposed budget was prepared, the
city/town was operating zero special assessment districts for which secondary
property taxes are levied. For information pertaining to these special assessment districts
and their tax rates, please contact the city/town.

* The 2021-22 planned primary and secondary levies are $193,225,455 and $120,493,943,
respectively. Historically, actual property tax collections have been slightly lower than the amount
levied. For 2021-22, actual collections for primary and secondary property taxes are estimated to
be $191,294,000 and $119,289,000, or 99% of the levy amount.
** Includes actual property taxes collected as of the date the proposed budget was prepared, plus
estimated property tax collections for the remainder of the fiscal year.




4/19 Arizona Auditor General's Office SCHEDULE
Page 57
B Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Revenues Other Than Property Taxes
Fiscal Year 2021-22
(In Thousands)

ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES * REVENUES
SOURCE OF REVENUES 2020-21 2020-21 2021-22
GENERAL FUND

Intergovernmental
County Vehicle License Tax $ 71,743 $ 75,200 $ 79,100
Charges for services
Fire Emergency Transportation Services $ 37,875 $ 30,371 $ 33,500
Hazardous Materials Inspection Fee 1,400 1,400 1,500
Planning 1,808 1,387 1,497
Police 15,481 12,975 13,108
Street Transportation 6,684 6,145 6,481
Other Service Charges 20,365 18,484 21,644
Fines and forfeits
Moving Violations $ 6,133 $ 5,949 $ 5,949
Parking Violations 758 427 467
Driving While Intoxicated 771 450 450
Defensive Driving Program 2,512 1,375 1,375
Other Receipts 2,670 1,933 2,166
Interest on investments
Interest on investments $ 9,420 $ 5,410 $ 5,550
Contributions
SRP In-Lieu Taxes $ 1,987 $ 2,010 $ 2,010

Coronavirus Relief Fund $ - $ 109,225 $ -

Miscellaneous
Miscellaneous $ 6,899 $ 5,674 $ 5,279
Parks and Recreation 7,559 3,461 4,093
Libraries 768 204 483
Cable Communications 10,120 9,600 9,600
Total General Fund $ 204,953 $ 291,680 $ 194,252

SPECIAL REVENUE FUNDS

Highway User Revenue Fund
Incorporated Cities Share $ 115,980 $ 113,312 $ 118,834
300,000 Population Share 29,144 28,807 30,126
Interest/Other 1,160 760 755
$ 146,284 $ 142,879 $ 149,715




4/19 Arizona Auditor General's Office SCHEDULE
Page 58 C Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Revenues Other Than Property Taxes
Fiscal Year 2021-22
(In Thousands)

ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES * REVENUES
SOURCE OF REVENUES 2020-21 2020-21 2021-22
Excise Tax Fund
Local Taxes $ 503,367 $ 525,063 $ 547,397
Stormwater 5,040 5,037 5,087
Jet Fuel 769 741 744
License & Permits 6,010 5,302 5,571
State Sales Tax 174,072 189,898 197,945
State Income Tax 241,167 240,237 219,316
Neighborhood Protection 36,539 38,258 40,214
2007 Public Safety Expansion 73,083 76,517 80,428
Public Safety Enhancement 22,789 26,808 24,706
Parks and Preserves 36,539 38,259 40,214
Transportation 2050 249,230 261,183 274,395
Capital Construction 8,239 7,790 7,370
Sports Facilities 20,558 10,877 15,578
Convention Center 60,050 50,420 57,196
$ 1,437,452 $ 1,476,390 $ 1,516,161
Other Special Revenue Funds
Neighborhood Protection $ 637 $ 3,433 $ 405
2007 Public Safety Expansion 607 8,146 321
Parks and Preserves 2,242 1,627 1,852
Transportation 2050 43,468 15,855 27,973
Capital Construction 300 45 222
Sports Facilities 4,412 4,313 4,240
Development Services 72,140 69,500 71,428
Regional Transit 41,124 27,828 38,945
Community Reinvestment 5,987 5,938 5,863
Impact Fee Administration 625 515 525
Regional Wireless Cooperative 5,167 5,543 5,515
Golf 6,274 8,439 6,794
Court Awards 5,760 5,608 5,296
$ 188,743 $ 156,790 $ 169,379
Other Restricted Funds
Court Special Fees $ 1,328 $ 868 $ 851
Vehicle Impound Program 1,293 1,270 1,270
Other Restricted Funds 33,317 21,822 22,427
Affordable Housing Program 6,590 (4,455) 6,550
$ 42,528 $ 19,505 $ 31,098
Federal Funds
Public Housing $ 108,895 $ 109,733 $ 105,745
Human Services 58,963 96,447 86,581
Federal Transit Administration 180,911 142,349 240,756
Community Development 53,375 41,795 70,581
Criminal Justice/Public Safety 10,936 14,769 18,876
Other Federal & State Grants 331,269 135,989 508,465
$ 744,349 $ 541,082 $ 1,031,004

Total Special Revenue Funds $ 2,559,356 $ 2,336,646 $ 2,897,357




4/19 Arizona Auditor General's Office SCHEDULE
Page 59 C Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Revenues Other Than Property Taxes
Fiscal Year 2021-22
(In Thousands)

ESTIMATED ACTUAL ESTIMATED
REVENUES REVENUES * REVENUES
SOURCE OF REVENUES 2020-21 2020-21 2021-22
DEBT SERVICE FUNDS

Secondary Property Tax $ 4,611 $ 4,621 $ 4,397

Total Debt Service Funds $ 4,611 $ 4,621 $ 4,397
CAPITAL PROJECTS FUNDS

Capital Grants $ 701,709 $ 244,522 $ 189,542
Joint Ventures 27,763 33,899 34,721
Passenger Faciltiy Charges 88,061 45,086 77,959
Customer Faciltiy Charges 51,198 27,595 46,246
Federal, State and Other Participation ** - 82,429 118,761
Other Capital Funds 63,700 35,970 -

Total Capital Projects Funds $ 932,431 $ 469,501 $ 467,229


ENTERPRISE FUNDS

Convention Center $ 27,331 $ 3,557 $ 18,800
Solid Waste 175,132 182,178 189,869
Aviation 425,915 426,477 412,547
Water System 479,782 502,979 487,696
Wastewater System 249,814 253,208 254,696

Total Enterprise Funds $ 1,357,974 $ 1,368,399 $ 1,363,608

TOTAL ALL FUNDS $ 5,059,325 $ 4,470,847 $ 4,926,843

* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
** Previously reported as "Other Capital Funds".




4/19 Arizona Auditor General's Office SCHEDULE
Page 60 C Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Other Financing Sources/ and Interfund Transfers
Fiscal Year 2021-22
(In Thousands)

OTHER FINANCING INTERFUND TRANSFERS
2021-22 2021-22
FUND SOURCES IN
GENERAL FUND
General Fund $ 1,000 $ $ 1,021,547 $ 131,740
Parks and Recreation 93,358
Library 2,119 2,546
Cable Communications 6,431

Total General Fund $ 1,000 $ $ 1,117,024 $ 140,717

SPECIAL REVENUE FUNDS
Excise $ $ $ $ 1,516,161
City Improvement 71,447 1,026
Neighborhood Protection 40,214 753
2007 Public Safety Expansion 80,428 1,423
Public Safety Enhancement 24,706 416
Parks and Preserves 40,369 193
Capital Construction 236 7,370
Court Awards 2
Transportation 2050 274,396 21,192
Development Services 14 4,440
Highway User Revenue 691 892
Sports Facilities 1 16,604 15,415
Regional Transit 14
Regional Wireless Cooperative 9
Other Restricted 32 34,824 7,541
Community Reinvestment 1 4,845 2,221
Grant Funds 74 274

Total Special Revenue Funds $ 1,074 $ $ 595,203 $ 1,571,947

DEBT SERVICE FUNDS
Secondary Property Tax $ 650 $ $ 5,379 $

Total Debt Service Funds $ 650 $ $ 5,379 $

CAPITAL PROJECTS FUNDS
Aviation Bonds $ $ $ $ 14,975
Capital Reserves 19,259 9
Water Bonds 200,000
Other Bonds 1,026 1,026
Transportation 2050 Bonds 500,000
Customer Facility Charges 28,601

Total Capital Projects Funds $ 700,000 $ $ 20,285 $ 44,611

ENTERPRISE FUNDS
Aviation $ 1,781 $ $ 32,747 $ 10,290
Water 2,099 17,737 46,103
Wastewater 1,222 30,004 47,712
Solid Waste 268 9,802
Convention Center 61 57,196 3,801

Total Enterprise Funds $ 5,431 $ $ 137,684 $ 117,708

TOTAL ALL FUNDS $ 708,155 $ $ 1,875,575 $ 1,874,983



4/19 Arizona Auditor General's Office SCHEDULE
Page 61 D Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Expenditures/Expenses by Fund
Fiscal Year 2021-22
(In Thousands)


ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
FUND/DEPARTMENT 2020-21 2020-21 2020-21 2021-22
GENERAL FUND
General: $ $ $ $
General Government 150,096 30,000 161,835 168,223
Criminal Justice 37,540 (200) 36,684 39,858
Public Safety 944,681 (5,200) 920,821 999,730
Transportation 20,762 2,800 23,186 23,476
Community Development 24,761 400 25,056 29,344
Community Enrichment 26,837 26,744 29,069
Environmental Services 18,799 3,200 21,670 24,482
Contingencies 55,596 123,219
Unassigned Vacancy Savings (18,600) 10,000 (8,677) (11,000)
Capital Budget 18,688 10,300 27,551 24,052

Parks and Recreation
Operating 101,808 (3,200) 95,701 108,229
Contingencies 945
Capital 3,200 3,000

Library
Operating 40,896 40,026 43,865
Capital 955 955 955

Cable Communications 2,794 2,696 3,169

Total General Fund $ 1,425,613 $ 51,300 $ 1,377,249 $ 1,607,618
SPECIAL REVENUE FUNDS
$ $ $ $

Arizona Highway User Revenue
Operating 81,659 1,700 81,714 89,856
Capital 87,484 (1,700) 71,585 85,482

Capital Construction
Operating 167 140 140
Capital 21,570 9,253 20,380

City Improvement 74,837 58,706 70,421

Community Reinvestment
Operating 1,931 300 2,181 2,128
Capital 6,604 (300) 2,470 7,734

Court Awards
Operating 5,760 4,393 5,464
Capital

Development Services
Operating 67,555 66,475 74,906
Contingencies 5,000 7,000
Capital 14,862 11,713 4,451

Federal Community Development
Operating 42,697 40,890 58,187
Capital 10,678 1,978 12,394

Federal & State Grants
Operating 327,486 (124,700) 148,089 502,000
Capital 100 69 10,225

Federal Transit



4/19 Arizona Auditor General's Office SCHEDULE
Page 62 E Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Expenditures/Expenses by Fund
Fiscal Year 2021-22
(In Thousands)


ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
FUND/DEPARTMENT 2020-21 2020-21 2020-21 2021-22
Operating 98,178 4,300 100,458 161,955
Capital 82,732 (4,300) 41,891 78,801

Golf Course
Operating 5,604 2,000 7,364 6,224
Capital 593 1,300 1,793

HOPE VI Grant
Operating 4,975 4,388 5,370
Capital 9,745 9,745

Human Services Grants 58,963 39,500 96,447 86,581

Neighborhood Protection
Operating 40,707 39,700 45,671
Capital

Other Restricted Funds
Fees and Contributions 61,948 52,701 66,468
Capital 15,747 7,708 12,718

Parks and Preserves
Operating 6,251 5,929 6,479
Capital 68,566 28,178 66,212

Public Housing
Operating 105,249 101,045 98,858
Capital 14,969 5,198 13,894

Public Safety Enhancement
Operating 30,294 28,896 30,482
Capital

Public Safety Expansion
Operating 81,177 900 82,043 96,706
Capital

Public Transit (RPTA)
Operating 15,364 300 15,364 24,998
Capital 18,710 (300) 8,997 13,961

Regional Wireless Cooperative 5,118 900 5,947 5,485

Sports Facilities
Operating 3,173 3,120 2,690
Contingencies 20,000 20,000
Capital 7,060 400 7,060 2,393

Transportation 2050
Operating 163,905 (40,000) 120,323 87,311
Contingencies 4,000 4,000
Capital 107,267 68,300 167,201 308,724
$ $ $ $
Total Special Revenue Funds $ 1,778,585 $ (51,300) $ 1,431,408 $ 2,206,494
DEBT SERVICE FUNDS
$ $ $ $
Secondary Property Tax and G.O. 129,497 128,846 129,714

Total Debt Service Funds $ 129,497 $ $ 128,846 $ 129,714
CAPITAL PROJECTS FUNDS



4/19 Arizona Auditor General's Office SCHEDULE
Page 63 E Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Expenditures/Expenses by Fund
Fiscal Year 2021-22
(In Thousands)


ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
FUND/DEPARTMENT 2020-21 2020-21 2020-21 2021-22
$ $ $ $
Arts and Cultural Facilities 903 902
Aviation 312,790 115,714 222,906
Economic Development 122,000 95,659
Facilities Management 27,340 1,676 9,197
Finance 8,000
Fire Protection 20,271 4,647 25,870
Housing 12,116 1,207 11,949
Human Services 600 600
Information Technology 13,395 7,218 9,651
Libraries 8,530 4,666
Neighborhood Services 53
Non-Departmental Capital 102,792 63,678 103,118
Parks, Recreation and Mtn Preserves 17,573 530 15,676
Phoenix Convention Center 1,780 1,780
Police Protection 11,016 24,412
Public Art Program 5,736 1,236 4,455
Public Transit 976,241 80,204 70,579
Regional Wireless Cooperative 7,325 1,325 6,001
Solid Waste Disposal 21,553 1,051 21,611
Street Transportation and Drainage 144,125 134,169 163,821
Wastewater 281,408 47,686 179,044
Water 511,633 421,660 275,108


Total Capital Projects Funds $ 2,599,180 $ $ 979,440 $ 1,157,566
ENTERPRISE FUNDS
$ $ $ $

Aviation
Operating 557,457 479,478 440,249
Contingencies 20,000 20,000
Capital 126,151 30,820 126,993

Convention Center
Operating 80,325 69,642 66,643
Contingencies 3,000 3,000
Capital 14,706 5,344 15,480

Solid Waste
Operating 176,097 173,946 185,874
Contingencies 1,000 1,000
Capital 9,833 8,138 11,278

Wastewater
Operating 187,595 183,026 187,351
Contingencies 3,500 12,500
Capital 32,262 32,039 71,659

Water
Operating 373,106 366,701 403,313
Contingencies 12,000 12,000
Capital 89,733 61,496 125,355

Total Enterprise Funds $ 1,686,765 $ $ 1,410,629 $ 1,682,695
REAPPROPRIATION FUNDS
$ $ $ $

General
General Government 13,262 8,712 25,379



4/19 Arizona Auditor General's Office SCHEDULE
Page 64 E Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Expenditures/Expenses by Fund
Fiscal Year 2021-22
(In Thousands)


ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
FUND/DEPARTMENT 2020-21 2020-21 2020-21 2021-22
Criminal Justice 840 538 1,261
Public Safety 26,407 17,049 32,634
Transportation 1,522 355 5,336
Environmental Services 32,093 17,343 21,400
Community Development 652 489 1,069
Community Enrichment 1,918 1,406 2,266
Capital Improvements 2,095 2,273 4,367 5,643

Library
Community Enrichment 5,654 2,339 5,886
Parks and Recreation
Community Enrichment 15,918 4,338 15,654
Cable Communications
General Government 280 62 177
Arizona Highway User Revenue
Street and Highway purposes 87,387 55,334 79,595
Aviation
Transportation 186,378 112,281 99,990
Capital Construction
Capital Improvements 7,473 3,046 8,874
City Improvement Operating
Debt Service 32 260
Community Reinvestment
Community Development 2,112 142 3,444
Court Awards
Criminal Justice 1,385 551 1,557
Development Services
Community Development 29,023 17,185 28,318
Federal and State Grants
Operating grants 15,292 13,683 8,801
Federal Community Development
Community Development 16,978 1,570 27,722
Federal Transit
Transportation 69,589 47,020 26,289
Golf
Community Enrichment 535 216 2,345
HOPE Grant
Community Development 2,733 549 2,711
Human Services
Community Enrichment 10,947 923 34,086
Neighborhood Protection
Public Safety 1,678 921 2,472
Other Restricted
Community Development 38,555 4,478 37,184
Parks and Preserves
Capital Improvements 45,819 34,121 33,415
Phoenix Convention Center
Community Enrichment 21,434 4,639 15,506
Public Housing
Community Development 17,907 663 22,138
Public Safety Enhancement Funds
Public Safety 1,275 801 59
Public Safety Expansion Funds
Public Safety 2,902 911 282
Regional Transit Authority
Transportation 11,516 5,244 45,499
Regional Wireless Cooperative
General Government 2,510 202 3,508
Solid Waste
Environmental Services 45,343 24,720 49,739
Sports Facilities



4/19 Arizona Auditor General's Office SCHEDULE
Page 65 E Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Expenditures/Expenses by Fund
Fiscal Year 2021-22
(In Thousands)


ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
FUND/DEPARTMENT 2020-21 2020-21 2020-21 2021-22
Community Enrichment 7,349 6,021 5,785
Transit 2000
Transportation 623
Transportation 2050
Transportation 127,383 (2,273) 34,974 282,597
Wastewater
Environmental Services 75,670 42,277 89,437
Water
Environmental Services 115,874 72,488 117,200

Capital
1988 Parks, Recreation, Facilities, Library Bonds 3,963 3,527 5,322
2001 Educational, Youth and Cultural Facility Bonds 68 9 15
2001 Neighborhood Protection & Senior Center Bonds 371 48 34
2006 Affordable Housing & Neighborhood Bonds 207 153 131
2006 Library, Senior & Cultural Center Bonds 5
2006 Parks & Recreation Bonds 3,294 3,294 5,240
2006 Police and Fire Protection Bonds 110 69 32
2006 Police, Fire and Computer Technology Bonds 557 2
2006 Street & Storm Sewer Improvement Bonds 7 5
Aviation Capital 476,041 366,889 318,481
Capital Reserves 692 425 800
City Improvement 56,721 29,849 105,059
CPBC - Senior Lien Excise Tax 18,720 9,658 7,050
Development Impact Fees 20,906 17,874 34,822
Multi-City Wastewater Capital 32,039 30,023 43,204
Public Housing Capital 148 109
Regional Wireless Cooperative Capital 6,002 362
Solid Waste Capital 2,240 1,369 364
Streets Capital 16,036 8,438 53,418
Transit Capital 65,473 48,721
Wastewater Capital 139,979 115,823 100,448
Water Capital 323,512 257,467 521,242


Total Reappropriation Funds $ 2,213,434 $ $ 1,435,601 $ 2,341,651
TOTAL ALL FUNDS $ 9,833,074 $ $ 6,763,173 $ 9,125,738

* Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus
estimated expenditures/expenses for the remainder of the fiscal year.




4/19 Arizona Auditor General's Office SCHEDULE
Page 66 E Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Expenditures/Expenses by Department
Fiscal Year 2021-22
(In Thousands)

ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
DEPARTMENT/FUND 2020-21 2020-21 2020-21 2021-22

Community Development: $ $ $ $
Arizona Highway Users Revenue 15 15
Aviation 75 75 75
Community Development 50,843 (3,630) 36,748 68,938
Community Reinvestment 8,535 4,651 9,862
Convention Center 588 532 504
Development Services 82,053 (800) 77,325 78,554
Federal and State Grants 8,988 27,000 35,880 21,302
General 24,761 10,800 35,556 29,344
Hope VI 14,594 4,280 14,989
Neighborhood Protection 400 237 261
Other Restricted 14,521 10,921 13,904
Public Housing 120,128 (10) 106,144 112,652
Sports Facilities 2,786 400 2,765 677
Water 31 31 31

Department Total $ 328,318 $ 33,760 $ 315,146 $ 351,109

Community Enrichment: $ $ $
Arizona Highway Users Revenue 2,562 1,918 617
Aviation 157 3 6
Capital Construction 40
Community Development 2,301 3,600 5,866 1,370
Convention Center 72,290 (10) 53,745 60,788
Federal and State Grants 18,825 24,600 43,424 37,758
General 27,181 27,087 29,296
Golf Course 6,197 3,300 9,157 6,224
HOPE VI 126 108 126
Human Services Grants 58,963 39,500 96,447 86,581
Library 41,851 40,981 44,820
Other Restricted 5,695 2,871 3,907
Parks and Preserves 74,817 34,107 72,691
Parks and Recreation 101,808 98,701 108,229
Public Housing 89 10 98 100
Sports Facilities 5,205 5,205 2,563
Transportation 2050 783 248 494
Wastewater 155 155 155
Water 225 225 470

Department Total $ 419,230 $ 71,000 $ 420,348 $ 456,235

Criminal Justice: $ $ $
Federal and State Grants 130 110
General 37,541 (200) 36,684 39,858
Other Restricted 2,975 2,956 3,265

Department Total $ 40,516 $ (70) $ 39,749 $ 43,123

Contingencies: $ $ $
Aviation 20,000 20,000
Convention Center 3,000 3,000
Development Services 5,000 7,000

4/19 Arizona Auditor General's Office SCHEDULE
Page 67 F Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Expenditures/Expenses by Department
Fiscal Year 2021-22
(In Thousands)

ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
DEPARTMENT/FUND 2020-21 2020-21 2020-21 2021-22
General 55,596 123,219
Parks and Recreation 945
Solid Waste 1,000 1,000
Sports Facilities 20,000 20,000
Transportation 2050 4,000 4,000
Wastewater 3,500 12,500
Water 12,000 12,000

Department Total $ 124,096 $ $ $ 203,664

Environmental Services: $ $ $
Aviation 10 5
Capital Construction 70 70 70
Convention Center 10 2
Development Services 23 800 734 480
Federal and State Grants 491 4,740 5,222 362
General 32,574 3,200 34,272 39,429
Other Restricted 4,128 350 4,468 4,149
Solid Waste 168,462 166,760 181,431
Transportation 2050 200 11
Wastewater 147,070 (10) 142,350 186,566
Water 314,329 289,561 372,626

Department Total $ 667,147 $ 9,300 $ 643,455 $ 785,114

General Government: $ $ $
Arizona Highway Users Revenue 236 163 252
Aviation 1,180 831 1,186
Cable 2,794 2,696 3,169
Community Development 231 30 254 273
Convention Center 82 68 68
Court Awards 165 86 58
Development Services 342 129 323
Federal and State Grants 1,879 28,600 30,470 2,550
General 136,065 30,000 165,920 175,521
Other Restricted 2,483 2,419 2,424
Regional Wireless Cooperative 5,118 900 5,947 5,485
Solid Waste 473 346 493
Sports Facilities 639 606 159
Transportation 2050 331 77 290
Wastewater 858 776 900
Water 1,508 1,471 1,921

Department Total $ 154,384 $ 59,530 $ 212,261 $ 195,071

Public Safety: $ $ $
Court Awards 5,594 4,307 5,406
Federal and State Grants 25,281 7,630 32,883 34,222
General 944,681 (5,300) 920,841 1,001,310
Neighborhood Protection 40,308 39,463 45,410
Other Restricted 40,283 (350) 31,626 45,701

4/19 Arizona Auditor General's Office SCHEDULE
Page 68 F Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Expenditures/Expenses by Department
Fiscal Year 2021-22
(In Thousands)

ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
DEPARTMENT/FUND 2020-21 2020-21 2020-21 2021-22
Public Safety Enhancement 30,293 28,896 30,482
Public Safety Expansion 81,177 900 82,043 96,706
Sports Facilities 1,604 1,604 1,685

Department Total $ 1,169,221 $ 2,880 $ 1,141,663 $ 1,260,923

Transportation: $ $ $
Arizona Highway Users Revenue 166,330 151,218 174,453
Aviation 593,590 (40,010) 382,936 478,694
Capital Construction 21,667 9,323 20,410
Federal and State Grants 72 100 170 30
Federal Transit Authority 180,661 142,349 240,756
General 20,762 2,800 23,186 23,476
Other Restricted 7,108 5,149 5,836
Transit - RPTA 34,075 24,362 38,959
Transportation 2050 270,057 28,100 287,188 395,252

Department Total $ 1,294,322 $ (9,010) $ 1,025,880 $ 1,377,867

Debt: $ $
Aviation 87,856 40,000 126,449 87,281
City Improvement 74,837 58,706 70,421
Convention Center 21,070 20,639 20,763
Secondary Property Tax 129,497 128,846 129,714
Solid Waste 16,745 14,977 15,227
Wastewater 71,775 10 71,783 71,389
Water 146,446 136,908 153,620

Department Total $ 548,226 $ 40,010 $ 558,308 $ 548,415


Non-Departmental $ $
Aviation 750
Convention Center 1,000
Federal and State Grants 271,950 (217,400) 416,000
Federal Transit Authority 250
General** 10,000 (8,677) (11,000)
Other Restricted 500
Solid Waste 250
Water 300

Department Total $ 275,000 $ (207,400) $ (8,677) $ 405,000


$ $ $ $
Capital: 2,599,180 979,440 1,157,566

Department Total $ 2,599,180 $ $ 979,440 $ 1,157,566

$ $ $ $
Reappropriation: 2,213,434 1,435,601 2,341,651

4/19 Arizona Auditor General's Office SCHEDULE
Page 69 F Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Expenditures/Expenses by Department
Fiscal Year 2021-22
(In Thousands)

ADOPTED EXPENDITURE/
BUDGETED EXPENSE ACTUAL BUDGETED
EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/
EXPENSES APPROVED EXPENSES* EXPENSES
DEPARTMENT/FUND 2020-21 2020-21 2020-21 2021-22

Department Total $ 2,213,434 $ $ 1,435,601 $ 2,341,651


Total All Departments $ 9,833,074 $ $ 6,763,173 $ 9,125,738




* Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the
proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
** In prior years, Unassigned Vacancy Savings were included in General Government General Funds.




4/19 Arizona Auditor General's Office SCHEDULE
Page 70 F Official City/Town Budget Forms
CITY OF PHOENIX, ARIZONA
Full-Time Employees and Personnel Compensation
Fiscal Year 2021-22
(In Thousands)

Total Estimated
Full-Time Employee Salaries Other Benefit Personnel
Equivalent (FTE) and Hourly Costs Retirement Costs Healthcare Costs Costs Compensation
FUND 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22

GENERAL FUND
General 7,457 $ 664,737 $ 324,008 $ 98,005 $ 102,697 = 1,189,447
Library 389 19,582 4,222 2,332 3,360 29,495
Parks and Recreation 931 42,357 10,199 7,039 7,344 66,940
Cable Communications 19 1,732 514 199 347 2,793
Total General Fund 8,796 $ 728,409 $ 338,944 $ 107,575 $ 113,748 = 1,288,675

SPECIAL REVENUE FUNDS
Arizona Highway User Revenue 683 $ 39,951 $ 14,168 $ 8,536 $ 8,382 = 71,037
Community Reinvestment 3 350 106 28 62 546
Development Services 440 34,223 10,575 5,719 6,082 56,598
Federal Community Development 78 5,889 1,778 1,013 1,143 9,823
Federal and State Grants 197 10,617 4,455 1,984 1,933 18,989
Golf Course 32 1,398 226 98 207 1,930
Page 71 HOPE VI 15 710 151 147 199 1,207
Human Services 173 8,733 2,837 1,904 1,787 15,261
Neighborhood Protection 283 19,910 13,574 2,731 2,702 38,918
Other Restricted 119 9,235 2,881 1,504 1,802 15,422
Parks and Preserves 78 3,700 911 601 717 5,929
Public Safety Enhancement 266 17,633 8,800 2,554 2,752 31,740
Public Safety Expansion 687 54,917 34,689 7,609 7,179 104,394
Public Housing 70 4,969 1,507 890 916 8,283
Regional Wireless Cooperative 4 349 93 48 78 569
Transportation 2050 121 9,760 3,202 1,445 1,998 16,404
Total Special Revenue Funds 3,248 $ 222,344 $ 99,953 $ 36,812 $ 37,941 = 397,051

ENTERPRISE FUNDS
Aviation 892 $ 55,007 $ 89,864 $ 11,660 $ 12,140 = 168,671
Convention Center 218 11,584 3,472 1,902 2,450 19,408
Solid Waste 635 37,542 11,920 8,314 6,581 64,356
Wastewater 339 21,822 2,818 4,507 4,326 33,472
Water 1,151 73,345 24,399 14,595 15,094 127,433
Total Enterprise Funds 3,235 $ 199,300 $ 132,471 $ 40,978 $ 40,591 = 413,341

TOTAL ALL FUNDS 15,278 $ 1,150,053 $ 571,368 $ 185,365 $ 192,281 = 2,099,067




4/19 Arizona Auditor General's Office SCHEDULE G Official City/Town Budget Forms



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Adoption of the Tentative 2021-22 Annual Budget (Ordinance S-47591)

An ordinance (Attachment A) adopting the tentative estimates of the amounts
required for public expense for operating funds for the City of Phoenix for the fiscal
year 2021-22; adopting a tentative budget; setting forth the receipts and expenditures
and the amounts estimated as collectible for the fiscal year, and the amount proposed
to be raised by direct property taxation for primary and secondary purposes; giving
notice of the time and place for hearing taxpayers and for adoption of the budget and
fixing the tax levies.

Concurrence/Previous Council Action
This reflects the budget approved by the Council on May 18, 2021 and complies with
the requirements set forth in the City Charter and Code and State Statutes. Final
adoption is scheduled for June 16, 2021.

Responsible Department
This item is submitted by City Manager Ed Zuercher, Assistant City Manager Jeff
Barton and the Budget and Research Department.




Page 72
Attachment A


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




ORDINANCE S-



AN ORDINANCE ADOPTING THE TENTATIVE
ESTIMATES OF THE AMOUNTS REQUIRED FOR PUBLIC
EXPENSE OF OPERATING FUNDS FOR THE CITY OF
PHOENIX FOR THE FISCAL YEAR 2021-2022; ADOPTING
A TENTATIVE BUDGET; SETTING FORTH THE
RECEIPTS AND EXPENDITURES AND THE AMOUNTS
ESTIMATED AS COLLECTIBLE FOR THE FISCAL YEAR,
AND THE AMOUNT PROPOSED TO BE RAISED BY
DIRECT PROPERTY TAXATION FOR PRIMARY AND
SECONDARY PURPOSES; GIVING NOTICE OF THE TIME
AND PLACE FOR HEARING TAXPAYERS AND FOR
ADOPTION OF THE BUDGET AND FIXING THE TAX
LEVIES.

_____________


WHEREAS, by the provisions of the City Charter an ordinance adopting

the tentative budget for the fiscal year 2021-2022 is required to be adopted on or before

the last day of June, which date complies with A.R.S. §§ 42-17101, 17102, 17103, and

17104.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY

OF PHOENIX as follows:




Page 73
SECTION 1. That the statement and schedules hereinafter set forth and

hereby adopted for the purpose as hereinafter set forth as the tentative budget for the


SECTION 2. That the City Clerk is hereby authorized and directed to

publish in the manner prescribed by law the estimates of expenditures, as hereinafter

set forth, together with a notice that the City Council will meet for the purpose of final

hearing by taxpayers and for adoption of the 2021-2022 annual budget for the City of

Phoenix on the 16th day of June 2021 at the hour of 2:30 p.m. in the City Council

Chambers of the City of Phoenix, 200 West Jefferson, Phoenix, Arizona, and will further

meet for the purpose of fixing tax levies on the 1st day of July 2021 at the hour of

10:00 a.m. in said Council Chambers.

SECTION 3. That the sums to be raised by primary taxation, as specified

herein, do not in the aggregate amount exceed that amount as computed pursuant to

A.R.S. § 42-17102(C).

SECTION 4. Upon the approval of the City Manager, funds may be

transferred within purposes set forth in Section 9.

SECTION 5. Upon recommendation by the City Manager and with the

approval of the City Council, expenditures may be made from the appropriation for

contingencies.

SECTION 6. In the case of an emergency, the City Council may authorize

the transfer of funds between purposes set forth in Section 9, if funds are available and

the transfer does not conflict with the limitations provided by law (A.R.S. § 42-17102).

-2- Ordinance S-

Page 74
SECTION 7. The City Council may authorize appropriation increases, if

funds are available, for purpose of expenditures that are exempt from limitation provided

in Article IX, Section 20, Constitution of Arizona.

SECTION 8. Money from any fund may be used for any of these

purposes set forth in Section 9, except money specifically restricted by State law or by

City Charter or City ordinances and resolutions.

SECTION 9. That the purposes of expenditures set forth in this section

are necessary for the conduct of the business of the government of the City of Phoenix

and such amounts are hereby adopted as tentative appropriations for the 2021-2022

fiscal year.



CITY OF PHOENIX, ARIZONA
PURPOSES OF PROPOSED PUBLIC EXPENSE


Amount of Appropriation
Purpose 2021-2022

GENERAL FUNDS
General Government $168,222,524
Public Safety 999,730,206
Criminal Justice 39,858,267
Transportation 23,476,431
Community Development 29,344,401
Community Enrichment 29,069,292
Environmental Services 24,481,917
Contingencies 123,219,420
Unassigned Vacancy Savings (11,000,000)
Capital Improvements 24,052,012

Total General Funds $1,450,454,470


-3- Ordinance S-

Page 75
Amount of Appropriation
Purpose 2021-2022

PARKS AND RECREATION FUNDS
Parks and Recreation Operations and Maintenance. $108,229,050

Contingencies 945,000

Total Parks and Recreation Funds $109,174,050

LIBRARY FUNDS
Library Operations and Maintenance, and Capital $44,820,358
Improvements.

CABLE COMMUNICATION FUNDS
Cable Communication Operations and Maintenance. $3,168,877

ARIZONA HIGHWAY USER REVENUE FUNDS
Street Maintenance, Major Street Improvements, Traffic $175,337,671
Improvements and other Street Improvements.

AVIATION FUNDS
Aviation Operations and Maintenance, Debt Service and $567,241,921
Capital Improvement Expenditures.

Contingencies 20,000,000

Total Aviation Funds $587,241,921

CAPITAL CONSTRUCTION FUNDS
Capital Improvements in the Street Transportation and $20,519,777
Environmental Programs, and related Operations and
Maintenance.

CITY IMPROVEMENT FUND
Debt Service Payments for Transit Facilities and $70,420,934
Improvements; Vehicles; Downtown Arena; Municipal
Court Building; IGC/TGen Facility; City Hall; Public Safety
Communication Systems; Property Acquisitions; Security
Access Control; Adams Street and Other Garages; LED
Streetlight Conversion; Telephone System and Data
Network Replacement; Street Improvements;
Amphitheater; Personnel Building; Elevator Rehabilitation;

-4- Ordinance S-

Page 76
ASU College of Nursing; Police Training Academy and
Precincts; City Technology Upgrades; Local Alcohol
Rehabilitation Center; Miscellaneous Redevelopment
Projects; Other Equipment, Office, Service and Training
Facilities and Improvements.

COMMUNITY REINVESTMENT FUNDS
Community Reinvestment Operations and Maintenance, $9,862,269
and Capital Improvement Expenditures.

COURT AWARD FUNDS
Criminal Justice Programs. $5,463,755

DEVELOPMENT SERVICES FUNDS
Development Services Operations and Maintenance, and $79,357,250
Capital Improvement Expenditures.

Contingencies 7,000,000

Total Development Services Funds $86,357,250

FEDERAL COMMUNITY DEVELOPMENT FUNDS
Community Development Program. $70,581,150

FEDERAL OPERATING TRUST FUNDS
Federal and State Grant Programs. $512,224,775

FEDERAL TRANSIT FUND
Transit Operations and Maintenance, and Capital $240,755,810
Improvements.

GOLF COURSE FUNDS
Golf Course Operations and Maintenance, and Capital $6,223,650
Improvements.

HOPE VI FEDERAL GRANT FUNDS $15,115,075

HUMAN SERVICES FEDERAL TRUST FUNDS
Human Services Program. $86,581,471




-5- Ordinance S-

Page 77
Amount of Appropriation
Purpose 2021-2022

NEIGHBORHOOD PROTECTION FUNDS
Eligible Police, Fire, and Block Watch Operations and $45,671,187
Maintenance Expenditures Funded with Privilege License
and Excise Taxes in accordance with Ordinance G-3696.

OTHER RESTRICTED FUNDS
Other Restricted Funds Operations and Maintenance, and $79,185,939
Capital Improvement Expenditures.

PARKS AND PRESERVES FUNDS
Parks and Preserves Operations and Maintenance, and $72,691,141
Capital Improvement Expenditures Funded with Privilege
License and Excise Taxes in accordance with the Phoenix
Parks and Preserves initiative approved by the Phoenix
voters in a ballot measure on May 20, 2008.

PHOENIX CONVENTION CENTER FUNDS
Phoenix Convention Center Operations and Maintenance, $82,123,372
Debt Service, and Capital Improvement Expenditures.

Contingencies 3,000,000

Total Phoenix Convention Center Funds $85,123,372

PUBLIC HOUSING FUNDS
Public Housing Operations and Maintenance, and Capital $112,751,559
Improvement Expenditures.

PUBLIC SAFETY ENHANCEMENT FUNDS
Police, Fire, and Emergency Management Operations and $30,481,955
Maintenance Expenditures Funded with Privilege License
and Excise Taxes in accordance with Ordinance S-31877.

PUBLIC SAFETY EXPANSION FUNDS
Police and Fire Personnel and Service Expansion Funded $96,706,039
with Privilege License and Excise Taxes in accordance
with Ordinance G-4987.




-6- Ordinance S-

Page 78
Amount of Appropriation
Purpose 2021-2022

REGIONAL TRANSIT FUNDS
Regional Transportation Operations and Maintenance, $38,959,335
and Capital Improvement Expenditures.

REGIONAL WIRELESS COOPERATIVE FUNDS
Operations and Maintenance of the Regional Wireless $5,484,955
Cooperative.

SECONDARY PROPERTY TAX FUNDS
Debt Service on and Early Redemption of Outstanding $129,714,319
Bonds and Long-Term Obligations.

SOLID WASTE FUNDS
Solid Waste Operations and Maintenance, Debt Service $197,151,493
and Capital Improvement Expenditures.

Contingencies 1,000,000

Total Solid Waste Funds $198,151,493

SPORTS FACILITIES FUNDS
Sports Facilities Operations and Maintenance, and Capital $5,082,877
Improvement Expenditures.

Contingencies 20,000,000

Total Sports Facilities Funds $25,082,877

TRANSPORTATION 2050 FUNDS
Transit and Streets Operations and Maintenance, and $396,035,691
Capital Improvement Expenditures Funded with Privilege
License and Excise Taxes in accordance with Ordinance
G-6051.

Contingencies 4,000,000


Total Transportation 2050 Funds $400,035,691



-7- Ordinance S-

Page 79
Amount of Appropriation
Purpose 2021-2022

WASTEWATER SYSTEM FUNDS
Wastewater System Operations and Maintenance, Debt $259,010,031
Service and Capital Improvement Expenditures.

Contingencies 12,500,000

Total Wastewater Funds $271,510,031

WATER FUNDS
Water System Operations and Maintenance, Debt Service
and Capital Improvement Expenditures. $528,668,231

Contingencies 12,000,000

Total Water Funds $540,668,231

TOTAL APPROPRIATIONS 2021-2022 $5,626,521,387




PASSED by the Council of the City of Phoenix on this 2nd day of

June 2021.

____________________________________

MAYOR

ATTEST:


City Clerk

APPROVED AS TO FORM:


Acting City Attorney

-8- Ordinance S-

Page 80
REVIEWED BY:


City Manager




-9- Ordinance S-

Page 81



Report

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View on Agenda Online ↗

Item text
Adoption of the Tentative 2021-22 Capital Funds Budget (Ordinance S-47652)

An ordinance (Attachment A) adopting the tentative Capital Funds Budget for the City
of Phoenix for the fiscal year 2021-22.

Summary
This adopts the tentative 2021-22 Capital Funds Budget for the fiscal year beginning
July 1, 2021, and ending June 30, 2022. The Capital Funds Budget will be funded by
property tax and revenue supported bond proceeds, federal and state participation
funds, passenger facility charges, customer facility charges, participation by other
governmental entities in certain projects, development impact fees, capital grants,
capital reserves, solid waste remediation funds and other capital funding sources.

Final adoption is scheduled for June 16, 2021.

Concurrence/Previous Council Action
The 2021-22 Capital Funds Budget is included in the Five-Year Capital Improvement
Program resolution also requested for Council approval on the June 2, 2021 Formal
Agenda and complies with requirements set forth in the City Charter and Code and
State Statutes.

Responsible Department
This item is submitted by City Manager Ed Zuercher, Assistant City Manager Jeff
Barton and the Budget and Research Department.




Page 82
ATTACHMENT A

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


ORDINANCE S-#####


AN ORDINANCE ADOPTING THE TENTATIVE CAPITAL
FUNDS BUDGET FOR THE CITY OF PHOENIX FOR THE
FISCAL YEAR 2021-22.


_____________


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

follows:

SECTION 1. The schedule set forth as Section 2 below is hereby adopted

as the tentative 2021-22 Capital Funds Budget for capital improvements to be made

from authorized property tax and revenue supported bond proceeds, nonprofit

corporation bond financing, federal and state participation funds, passenger facility

charges, customer facility charges, participation by other governmental entities in

certain projects, development impact fees, capital grants, capital reserves, solid waste

remediation funds and other capital funding sources, for the year beginning July 1, 2021

and ending June 30, 2022.

SECTION 2. This Council has determined and adopted the following

estimates of proposed Capital expenditure improvements for the various purposes

therein named for the fiscal year beginning July 1, 2021 and ending June 30, 2022.




-1- S-#####
Page 83
Appropriation
Amount
Purpose 2021-22

ARTS AND CULTURAL FACILITIES

2001 General Obligation Bonds $902,484

AVIATION

Aviation Bonds, Capital Grants, Passenger Facility Charges $222,906,187

FACILITIES MANAGEMENT

Other Bonds, Other Capital $9,197,423

FINANCE

Other Bonds $8,000,000

FIRE PROTECTION

Impact Fees, Other Bonds $25,869,988

HOUSING

Capital Grants $11,949,126

HUMAN SERVICES

2006 General Obligation Bonds $600,000

INFORMATION TECHNOLOGY

Other Bonds $9,650,699

LIBRARIES

Impact Fees $4,666,283




-2- S-#####
Page 84
Appropriation
Amount
Purpose 2021-22

NON-DEPARTMENTAL CAPITAL

Customer Facility Charges, Federal, State and Other Participation, $103,117,628
Passenger Facility Charges, Transportation 2050 Bonds, Water
Bonds

PARKS, RECREATION & MOUNTAIN PRESERVES

Capital Grants, Capital Reserves, Impact Fees $15,675,874

POLICE PROTECTION

2006 General Obligation Bonds, Capital Reserves, Impact Fees $24,412,000

PUBLIC ART PROGRAM

Aviation Bonds, Passenger Facility Charges, Solid Waste Bonds, $4,455,255
Wastewater Bonds, Water Bonds

PUBLIC TRANSIT

Capital Grants, Transportation 2050 Bonds $70,578,680

REGIONAL WIRELESS COOPERATIVE

Other Cities' Share in Joint Ventures $6,001,000

SOLID WASTE DISPOSAL

Capital Reserves, Solid Waste Bonds, Solid Waste Remediation $21,610,760




-3- S-#####
Page 85
Appropriation
Amount
Purpose 2021-22

STREET TRANSPORTATION & DRAINAGE

2006 General Obligation Bonds, Federal, State and Other $163,820,559
Participation, Impact Fees, Transportation 2050 Bonds

WASTEWATER

Impact Fees, Other Cities' Share in Joint Ventures, Wastewater $179,044,203
Bonds

WATER

Impact Fees, Other Cities' Share in Joint Ventures, Water Bonds $275,107,856



TOTAL $1,157,566,005




SECTION 3. Upon the approval of the City Manager, funds may be

transferred within purposes set forth in Section 2.

SECTION 4. The City Council may authorize appropriation increases, if

funds are available, for purpose of expenditures that are exempt from the limitation

provided in Article IX, Section 20, Constitution of Arizona.




-4- S-#####
Page 86
PASSED by the Council of the City of Phoenix this 2nd day of June, 2021.



_________________________________________

MAYOR




ATTEST:


City Clerk

APPROVED AS TO FORM:


Acting City Attorney

REVIEWED BY:


City Manager




-5- S-#####
Page 87



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Item text
Adoption of the Tentative 2021-22 Reappropriated Funds Budget (Ordinance S-
47592)

An ordinance (Attachment A) adopting the tentative Reappropriation Budget for items
of expenditure previously adopted as part of the 2020-21 fiscal year Operating and
Capital Funds Budgets of the City of Phoenix but remaining as unexpended funds as
of June 30, 2021.

Summary
This adopts the Tentative 2021-22 Reappropriated Funds Budget Ordinance. Council
approved contracts can span multiple fiscal years and budget appropriations expire on
June 30 of each fiscal year. This ordinance re-establishes the spending authority for
remaining payments to vendors on outstanding contract balances for goods and
services to be received during Fiscal Year 2021-22.

This complies with requirements set forth in the City Charter and Code and State
Statutes.

Responsible Department
This item is submitted by City Manager Ed Zuercher, Assistant City Manager Jeff
Barton and the Budget and Research Department.




Page 88
Attachment A


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



ORDINANCE S-


AN ORDINANCE ADOPTING THE TENTATIVE
REAPPROPRIATION BUDGET FOR ITEMS OF
EXPENDITURE PREVIOUSLY ADOPTED AS PART OF
THE 2020-2021 FISCAL YEAR OPERATING AND CAPITAL
FUNDS BUDGETS OF THE CITY OF PHOENIX BUT
REMAINING AS UNEXPENDED FUNDS AS OF
JUNE 30, 2021.
_____________


WHEREAS, the City of Phoenix adopts, pursuant to state law, an annual

budget consisting of operating funds and capital funds for expenditure in each fiscal

year, and did so for the fiscal year 2020-2021, and

WHEREAS, the requirements of planning and contracting for the

acquisition of goods and services requires in many instances that the contracts for such

goods and services cannot be immediately executed; and

WHEREAS, there remains from said items budgeted for the fiscal year

2020-2021 substantial amounts represented by executed but unfulfilled contracts, and

WHEREAS, the City Charter directs that amounts may be expended by

the City only for goods and services actually received, and may not be expended in

advance of the acquisition of such goods and services, and




Page 89
WHEREAS, State Budget Law, A.R.S. § 42-17102 as amended, and as

interpreted by the Attorney General, demands that no expenditures be made for a

purpose not included in the budget, and no expenditure be made for any debt,

obligation or liability incurred or created in any fiscal year in excess of the amount

specified for each purpose in the budget for such fiscal year as finally adopted,

THEREFORE, it has become necessary to tentatively adopt a

reappropriation and supplemental budget for sums to be expended in the fiscal year

2021-2022 from funds budgeted for the fiscal year 2020-2021, but remaining

unexpended as of the close of the fiscal year on June 30, 2021.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY

OF PHOENIX as follows:

SECTION 1. That this Council has determined and adopted the following

tentative estimates of proposed capital and operating fund expenditures as hereinafter

set forth presenting a reappropriation of items previously budgeted for the fiscal year

2020-2021 but remaining unexpended at the close of said fiscal year, and likely to

remain unexpended by September 1, 2021, and representing amounts encumbered by

means of outstanding contracts as of the close of said fiscal year. Said amounts and the

purposes therefore are set forth in the schedule below as follows:




-2- Ordinance


Page 90
2021-2022 REAPPROPRIATED FUNDS

Fund Amount

OPERATING FUNDS:

General Funds
General Government $25,379,000
Criminal Justice 1,261,000
Public Safety 32,634,000
Transportation 5,336,000
Environmental Services 21,400,000
Community Development 1,069,000
Community Enrichment 2,266,000
Capital Improvements 5,643,000

Total General Funds $94,988,000

Parks and Recreation Funds

Parks and Recreation Operations and Maintenance, and $15,654,000
Capital Improvements.

Library Funds

Library Operations and Maintenance, and Capital $5,886,000
Improvements.

Cable Communication Funds

Cable Communication Operations and Maintenance. $177,000

Arizona Highway User Revenue Funds

Street Maintenance, Major Street Improvements, Traffic $79,595,000
Improvements and Other Street Improvements.

Aviation Funds

Aviation Operations and Maintenance, and Capital $99,990,000
Improvements.




-3- Ordinance


Page 91
Fund Amount

Capital Construction Funds

Capital Improvements in Street Transportation and $8,874,000
Drainage.

City Improvement Operating Funds

Debt Service Related Costs associated with City $260,000
Improvement.

Community Reinvestment Funds

Community Reinvestment Program. $3,444,000

Court Award Funds

Criminal Justice Program. $1,557,000

Development Services Funds

Development Services Operations and Maintenance, and $28,318,000
Capital Improvements.

Federal Community Development Funds

Community Development Program. $27,722,000

Federal Operating Trust Funds

Federal and State Grants. $8,801,000

Federal Transit Funds

Federal Transit Grant Program. $26,289,000

Golf Course Funds

Golf Course Operations and Maintenance, and Capital $2,345,000
Improvements.

HOPE VI Federal Grant Funds

HOPE VI Program. $2,711,000

-4- Ordinance


Page 92
Fund Amount

Human Services Federal Trust Funds

Human Services Program. $34,086,000

Neighborhood Protection Funds

Eligible Police, Fire and Blockwatch Operations and $2,472,000
Maintenance Expenditures Funded with Privilege License
and Excise Taxes in accordance with Ordinance G-3696.

Other Restricted Funds

Other Restricted Funds Operations and Maintenance, and $37,184,000
Capital Improvements.

Parks and Preserves Funds

Parks and Preserves Operations and Maintenance, and $33,415,000
Capital Improvement Expenditures Funded with Privilege
License and Excise Taxes in accordance with the Phoenix
Parks and Preserves initiative approved by the Phoenix
voters in a ballot measure on May 20, 2008.

Phoenix Convention Center Funds

Phoenix Convention Center Operations and Maintenance, $15,506,000
and Capital Improvements.

Public Housing Funds

Public Housing Operations and Maintenance, and Capital $22,138,000
Improvements.

Public Safety Enhancement Funds

Police, Fire, and Emergency Management Operations and $59,000
Maintenance Expenditures Funded with Privilege License
and Excise Taxes in accordance with Ordinance S-31877.




-5- Ordinance


Page 93
Fund Amount

Public Safety Expansion Funds

Police and Fire Personnel and Service Expansion Funded $282,000
with Privilege License and Excise Taxes in accordance
with Ordinance G-4987.

Regional Transit Authority Funds

Regional Transit Operations and Maintenance, and $45,499,000
Capital Improvements.

Regional Wireless Cooperative Funds

Regional Wireless Cooperative Operations and $3,508,000
Maintenance.

Solid Waste Funds

Solid Waste Operations and Maintenance, and Capital $49,739,000
Improvements.

Sports Facilities Funds

Sports Facilities Operations and Maintenance, and Capital $5,785,000
Improvements.

Transportation 2050 Funds

Transit and Streets Operations and Maintenance, and $282,597,000
Capital Improvement Expenditures Funded with Privilege
License and Excise Taxes in accordance with Ordinance
G-6051.

Wastewater System and Multi-City Wastewater Funds

Wastewater System Operations and Maintenance, and $89,437,000
Capital Improvements.

Water Funds

Water System Operations and Maintenance, and Capital $117,200,000
Improvements.


-6- Ordinance


Page 94
Fund Amount

CAPITAL PROJECTS FUNDS:

1988 Parks, Recreation, Facilities, Library Bonds $5,322,000

2001 Educational, Youth and Cultural Facilities Bonds $15,000
Funds

2001 Neighborhood Protection and Senior Center Bond $34,000
Funds

2006 Affordable Housing & Neighborhood Bond Funds $131,000

2006 Parks & Recreation Bond Funds $5,240,000

2006 Police and Fire Protection Bond Funds $32,000

Aviation Capital Funds $318,481,000

Capital Reserve Funds $800,000

City Improvement Capital Funds $105,059,000

Civic Plaza Building Corporation Funds $7,050,000

Development Impact Fee Funds $34,822,000

Multi-City Wastewater Capital Funds $43,204,000

Public Housing Capital Funds $109,000

Regional Wireless Cooperative Capital Funds $362,000

Solid Waste Capital Funds $364,000

Streets Capital Funds $53,418,000

Wastewater Capital Funds $100,448,000

Water Capital Funds $521,242,000

TOTAL $2,341,651,000



-7- Ordinance


Page 95
SECTION 2. That the City Clerk is hereby authorized and directed to

publish in the manner prescribed by law the estimates of these expenditures, as

hereinabove set forth, together with the notice that the City Council will meet for the

purpose of final hearing by taxpayers and for the adoption of said reappropriation

budget on the 16th day of June 2021 at the hour of 2:30 p.m. in the City Council

Chambers of the City of Phoenix, 200 West Jefferson, Phoenix, Arizona.

SECTION 3. In case of an emergency, the City Council may authorize the

transfer of funds between the purposes set forth in Section 1 above, if the funds are

available and the transfer does not conflict with the limitations provided by law under

A.R.S. § 42-17102.

SECTION 4. Money from any fund may be used for any of these purposes

set forth hereinabove, except money specifically restricted by state law or by City

Charter or City ordinances and resolutions.




PASSED by the Council of the City of Phoenix this 2nd day of June 2021.



_________________________________________

MAYOR


ATTEST:


City Clerk

-8- Ordinance


Page 96
APPROVED AS TO FORM:


Acting City Attorney

REVIEWED BY:


City Manager




-9- Ordinance


Page 97



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Item text
Amendments to Rules of Council Proceedings (Ordinance G-6860)

An ordinance amending Phoenix City Code, Chapter 2, Article II, section 2-60, Rules of
Council Proceedings, to incorporate updates and feedback received from
councilmembers.

Summary
The proposed ordinance would amend existing Rules 2, 7 and 15.

Proposed changes detailed in the draft ordinance (Attachment A) include:
- Modifying the rule regarding Use of Staff (8-Hour Rule) to include additional detail
that clarifies the conditions upon which the approval of the full City Council is required
for staff projects or work.
- Clarifying when the City Manager includes an item on the Formal meeting agenda at
the written request of the Mayor or at least three councilmembers, the item may be
withdrawn before the meeting or before any vote occurs related to the item by written
request from the Mayor (if the request was from the Mayor) or by one of the council
members who requested the item. Otherwise, an item can only be withdrawn from the
agenda by a majority vote of the City Council.
- Providing that an item placed on the agenda by the City Manager (not by request of
the Mayor or councilmembers) may be withdrawn by the City Manager before any vote
occurs. Otherwise, it can only be withdrawn from the agenda by a majority vote of the
- Permitting councilmembers to make a request during a meeting to receive a typed or
written copy of a motion made by a councilmember prior to voting on the item, and
stipulating that the chair may pause the meeting or table the item while staff is
obtaining and distributing the motion.

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




Page 98
ATTACHMENT A



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




ORDINANCE G-6860

AN ORDINANCE AMENDING AND REORGANIZING
CHAPTER 2, ARTICLE II, SECTION 2-60 OF THE
PHOENIX CITY CODE RELATING TO THE RULES
OF COUNCIL PROCEEDINGS.

T
_____________________




follows:

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



SECTION 1. That Chapter 2, Article II, Section 2-60 of the Phoenix City

Code related to the Rules of Council Proceedings is amended and reorganized

to read as follows:




D
Rule 2:




R
(C)
Meetings.
****




****


The City Manager will include an item on the formal agenda at the written request of
the mayor or at least three Council members. BEFORE THE MEETING OR BEFORE
ANY VOTE OCCURS RELATED TO THE ITEM, THE ITEM MAY BE WITHDRAWN
FROM THE AGENDA BY WRITTEN REQUEST TO THE CITY MANAGER FROM THE
MAYOR, ONLY IF THE ITEM WAS REQUESTED BY THE MAYOR, OR ONE OF THE
COUNCIL MEMBERS WHO REQUESTED THE ITEM. OTHERWISE, AN ITEM CAN
ONLY BE WITHDRAWN FROM THE AGENDA BY A MAJORITY VOTE OF THE CITY
COUNCIL.

****



Page 99
Rule 7: Rules of governance.
(a) A majority of the members of the Council shall constitute a quorum. The Charter
requires the affirmative vote of a majority of the members of the Council to pass any
ordinance, franchise, resolution or formal recorded action.

(b) The Mayor shall be the presiding officer and have a voice and vote in all Council
proceedings. During the absence or disability of the Mayor, the Vice Mayor shall act as
Mayor. In the absence of both the Mayor and Vice Mayor at a council meeting, the Council
Member who most recently served as Vice Mayor shall serve as the acting Mayor to
preside over the meeting. During the extended absence or disability of both Mayor and
Vice Mayor, the Council shall elect a presiding officer for all meetings.
(c) The Council shall select a new Vice Mayor once each calendar year at the first


T
formal meeting in January or at the next regularly scheduled meeting after a Vice Mayor
vacancy occurs.

(d) The Mayor shall assign the seating arrangement for the Formal and Policy
Meetings.

(E)


AF
BEFORE ANY VOTE OCCURS RELATED TO AN ITEM ON A FORMAL
COUNCIL AGENDA, THE ITEM MAY BE WITHDRAWN FROM THE AGENDA BY THE
CITY MANAGER, OR BY WRITTEN REQUEST AS PROVIDED IN RULE 2(C).
OTHERWISE, AN ITEM CAN ONLY BE WITHDRAWN FROM THE AGENDA BY A
MAJORITY VOTE OF THE CITY COUNCIL.

(F) (e) There will be no more than one amendment to a motion permitted. A substitute
motion is considered an amendment.




DR
(G)
(1) A “friendly” amendment that is accepted by the maker and the second
shall not count as an official amendment. The purpose of a friendly amendment
is to make minor modifications or clarifications to a motion.

(2) When a motion to amend a motion, which includes a substitute
motion, has been made and seconded, the next vote shallbe on that
motion.

(3) If the motion to amend fails, the original motion remains on the floor and
shall be voted on.

DURING A MEETING, ANY COUNCIL MEMBER CAN REQUEST FOR ALL
COUNCIL MEMBERS TO RECEIVE A TYPED OR WRITTEN COPY OF A MOTION
MADE BY A COUNCIL MEMBER PRIOR TO THE COUNCIL VOTING ON THE ITEM. AT
THE DIRECTION OF THE MEETING CHAIR, STAFF WILL RETRIEVE A COPY OF THE
MOTION FROM THE MOTION MAKER AND PROVIDE IT TO THE REST OF THE
COUNCIL FOR THEIR REVIEW. DURING THE TIME STAFF IS OBTAINING THE
MOTION AND DISTRIBUTING IT TO THE COUNCIL, THE MEETING CHAIR CAN


2 Ordinance G-6860
Page 100
PAUSE THE MEETING, OR TABLE THE ITEM FOR IT TO BE HEARD AT A LATER
TIME IN THE SAME AGENDA.

(H) (f) Any member, at any time, may request a roll call vote for clarification of
a voice vote.

(I) (g) Council members shall not be excused from voting. A failure to vote or
a voluntary abstention shall count as an “aye” vote unless excused by an
announced conflict of interest.

(J) (h) Roll will be called in alphabetical order by Council Member last names,
followed by the Vice Mayor and Mayor.

(K)

T
(i) In the case of a tie in the vote on any measure, the measure shall be
considered defeated.

(L) (j) The journal of the proceedings of the Council (meeting minutes) shall
record individual votes on all ordinances, resolutions, franchises, formal actions,




AF
and liquor license applications recommended for disapproval. For voice votes of
ayes and nayes that are not unanimous, the Mayor shall indicate the individual
votes. The Mayor may require that Council Members’ votes be clarified.

(M) (k) During a meeting, the Council may vote to reconsider any item except
an ordinance that failed to pass. The Charter provides that if an ordinance fails to
pass, the vote on the motion shall not be taken within 24 hours thereafter. The
motion to reconsider any measure may be made only by a member on the
prevailing side and must receive a second, which may be made by any member.

(N) (l) After the meeting, requests for reconsideration may also be filed by a




D
member of the prevailing side with the city clerk within seven business days
following the date of original action, except requests for reconsideration of zoning
matters shall be filed within seven calendar days after the action.




R (1) The request for reconsideration should be addressed tothe city clerk
and contain the meeting date, item subject, and number of the item
requested for reconsideration.

(2) If properly and timely filed, the city clerk should place the request
for reconsideration on the next available formal meeting agenda. Except
for zoning cases, the item being reconsidered should be placed on the
agenda to immediately follow the item to request reconsideration.
Reconsidered items for zoning cases should be placed on the next
available formal agenda that allows compliance with the applicable
posting period.

(3) A motion to reconsider must receive a second, which maybe made


3 Ordinance G-6860
Page 101
by any council member.


****

RULE 15: Use of staff (eight-hour rule).

(A) No INDIVIDUAL Council member shall request any staff project requiring over
eight hours of staff work without first seeking approval of the full city council. THIS
INCLUDES REQUESTS SUCH AS RESEARCH, ORDINANCE DEVELOPMENT,
LISTENING SESSIONS, HEARINGS OR COMMUNITY INPUT MEETINGS. THE
REQUEST SHALL BE MADE IN WRITING TO THE CITY MANAGER IDENTIFYING
THE PROJECT BEING REQUESTED.

(B)
T
ITEMS PLACED ON A SUBCOMMITTEE AGENDA BY A SUBCOMMITTEE
CHAIR OR A REGULAR AGENDA BY THE MAYOR DO NOT REQUIRE AN 8-HOUR
RULE REQUEST FOR BASIC STAFF WORK NECESSARY FOR AN INITIAL
DISCUSSION OF THE ITEM. HOWEVER, DEVELOPMENT OF A NEW ORDINANCE




AF
WILL GENERALLY REQUIRE AN 8-HOUR REQUEST APPROVED BY THE FULL
CITY COUNCIL. A MAJORITY VOTE OF A SUBCOMMITTEE CAN REQUEST STAFF
TO CONDUCT UP TO THREE LISTENING SESSIONS OR PUBLIC HEARINGS FOR
THE SUBCOMMITTEE.

(C) THIS RULE DOES NOT APPLY TO DISTRICT COUNCIL OR MAYOR OFFICE
STAFF CONDUCTING THEIR OWN RESEARCH OR COMMUNITY OR PUBLIC
OUTREACH MEETINGS.

****




DR
ATTEST:
PASSED by the Council of the City of Phoenix this 2nd day of June 2021.




____________________________
Denise Archibald, City Clerk
MAYOR




4 Ordinance G-6860
Page 102
APPROVED AS TO FORM:
Cris Meyer, City Attorney


By: _________________________________

_________________________________


REVIEWED BY:


______________________________
Ed Zuercher, City Manager
T
AF
CM/dh:LF21-1351: 06/02/2021: 2255930_1.docx




DR
5 Ordinance G-6860
Page 103



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Item text
Proposed Ismail Annexation - Authorization to File

Request to authorize the City Manager, or his designee, to file with the Maricopa
County Recorder's Office a blank petition for a proposed annexation. This annexation
was requested by Tim Rasnake with Archicon Architects and Interiors, LC, for the
purpose of receiving City of Phoenix services. The proposed annexation conforms to
current City policies and complies with Arizona Revised Statutes section 9-471
regarding annexation.

Summary
Signatures on the proposed annexation petition shall not be obtained for a waiting
period of 30 days after filing the blank petition with the Maricopa County Recorder.
Additionally, a Public Hearing will be scheduled within this 30-day waiting period,
permitting the City Council to gather community input regarding the annexation
proposal. Formal adoption of this proposed annexation will be considered at a later
date.

Location
The proposed annexation area includes parcels 300-14-067 and 300-14-065, located
at 35th Avenue and Baseline Road (Attachment A). The annexation area is
approximately 6.67 acres (0.0104 sq. mi.) and the population estimate is six
individuals.

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




Page 104
ATTACHMENT A




Page 105



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Item text
Proposed Cave Creek Road and Dynamite Boulevard Annexation - Authorization
to File

Request to authorize the City Manager, or his designee, to file with the Maricopa
County Recorder's Office a blank petition for a proposed annexation. This annexation
was requested by Donald Patty for the purpose of receiving City of Phoenix services.
The proposed annexation conforms to current City policies and complies with Arizona
Revised Statutes section 9-471 regarding annexation.

Summary
Signatures on the proposed annexation petition shall not be obtained for a waiting
period of 30 days after filing the blank petition with the Maricopa County Recorder.
Additionally, a Public Hearing will be scheduled within this 30-day waiting period,
permitting the City Council to gather community input regarding the annexation
proposal. Formal adoption of this proposed annexation will be considered at a later
date.

Location
The proposed annexation area includes parcel 211-39-002P, located at 4328 E.
Dynamite Blvd. (Attachment A). The annexation area is approximately 1.10 acres
(0.0017 sq. mi.) and the population estimate is three individuals.

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




Page 106
ATTACHMENT A




Page 107



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Item text
Computer Hardware and Support Services, State of Arizona Cooperative
Purchasing Agreements - COOP 21-031 (Ordinance S-47594)

Request to authorize the City Manager, or his designee, to enter into linking
agreements with the following vendors who have executed cooperative purchasing
agreements with the State of Arizona for the purchase of computer hardware and
support services as-needed for citywide use: Dell Marketing, LP (contract ADSPO16-
098163); HP Inc., (contract ADSPO16-098209); International Business Machines
(IBM) (contract ADSPO16-098793); HPE, Inc (contract ADSPO16-098209); NetApp,
Inc. (contract ADSPO16-098203) and Transource Services Corporation (contract
ADSPO16-098200). Further request an exception to the indemnity and assumption of
liability provisions of Phoenix City Code Section 42-18. Further request authorization
for the City Controller to disburse all funds related to this item. The aggregate value of
these contracts will not exceed $17,500,000.

Summary
The computer hardware and support services contracts provide a wide variety of
technology needs for all City departments. Purchases made under these contracts
include on-going replacement of end user computer hardware, peripheral equipment,
devices, laptops, tablets, monitors, power cables, other end of life user devices and
support services.

Procurement Information
In accordance with Administrative Regulation 3.10, a linking agreement is required
when the City uses a cooperative agreement from another public agency. The
computer hardware and support services contracts were awarded through a
competitive process consistent with the City's procurement processes, as set forth in
the Phoenix City Code, Chapter 43.

Both the American Bar Association and National Institute of Government Purchasing
endorse the use of cooperative purchasing agreements by municipalities and other
public institutions. An established best practice in government procurement,
cooperative purchasing agreements provide extensive benefits to procurement officials
by leveraging volume purchasing for maximum cost benefit and ensuring best value.



Page 108


The Deputy Finance Director recommends that the City Council approve linking
agreements to the cooperative purchasing agreements with Dell Marketing, LP; HP
Inc.; IBM; HPE, Inc; NetApp, Inc. and Transource Services Corporation.

Contract Term
The initial contract term will be through July 31, 2022, with one additional one year
option to extend.

Financial Impact
The aggregate contract value will not exceed $17,500,000. Funds are available in the
various departments' budgets.

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




Page 109



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Item text
Increase Expenditure Authority for Police Department Air Support Unit
Equipment, Parts and Services - Requirements Contract - RFA 19-011A
(Ordinance S-47595)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 152013 with FLIR Surveillance Inc. for the purchase of
aircraft parts, accessories, maintenance and repairs for the Police Department, Air
Support Unit. Further request authorization for the City Controller to disburse all funds
related to this item. The additional expenditures will not exceed $400,000.

Summary
This contract provides the Star SAFIRE 380-HD U-8000 System, Single LRU EO/IR
Imaging System, U-800 with parts, accessories, warranties, labor and repairs for Air
Support's Astar Helicopter and PC12 Pilatus Airplane. This equipment assists pilots in
detecting warm objects against cooler backgrounds when searching for suspects
involved in criminal activity during poor or obstructed visibility. Additional funds are
needed to continue providing preventative routine maintenance in order to remain in
compliance with Federal Aviation Administration regulations for the safety, performance
and operations of the aircraft.

Contract Term
The contract term is March 18, 2020 through Feb. 28, 2025.

Financial Impact
Upon approval of $400,000 in additional funds, the revised aggregate value of the
contract will not exceed $800,000. Funds are available in the Police Department’s
budget.

Concurrence/Previous Council Action
This contract was originally approved by City Council on March 18, 2020.

Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Police
Department.



Page 110



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Aircraft Parts and Services - Requirements Contract - IFB 18-137A (Ordinance S-
47600)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 148977 with Precision Heli-Support, Contract 148978
with Able Aerospace Services, Inc., Contract 148979 with Westwind Aviation, Inc.,
Contract 148991 with Agusta Westland Philadelphia Corp, and Contract 148992 with
Airbus Helicopters for the purchase of aircraft parts and services for the Police
Department, Air Support Unit. Further request authorization for the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed
$1,700,000.

Summary
These contracts provide various aircraft parts and services to operate and maintain
fixed-wing and rotary aircraft for the Police Department's Air Support Unit. The
helicopters are critical as they support patrol officers, provide crime suppression and
are used for mountain rescue services. Additional funds are needed due to increased
wear and tear on the department's aging fleet, resulting in higher maintenance and
replacement parts costs. It is critical for the aircraft to remain operational to avoid
negative effects on public safety. The Federal Aviation Administration (FAA) mandates
routine maintenance and overhauls be performed to ensure the safe operation of the
aircraft fleet.

Contract Term
The contract term is Dec 1, 2018 through Nov. 30, 2023.

Financial Impact
Upon approval of $1,700,000 in additional funds, the revised aggregate value of the
contract will not exceed $5,200,000. Funds are available in the Police Department’s
budget.

Concurrence/Previous Council Action
This contract was originally approved by City Council on Nov. 14, 2018.




Page 111


Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Police
Department.




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Amend License with Maricopa County for Air Quality Monitors at Phoenix Fire
Station 40 (Ordinance S-47608)

Request to authorize the City Manager, or his designee, to amend a non-exclusive
license agreement, City Contract 131584, with Maricopa County, a political subdivision
of the State of Arizona (County), to extend the license term for a five-year period, with
two additional five-year options.

Summary
The license is for the placement of air quality monitors and shelters at Fire Station 40
located at 3838 N. 83rd Ave. The County's air quality monitors are to sample and
analyze the ambient air in the vicinity. The County is responsible for all costs related to
the monitors, including utility service.

Contract Term
The term of the license will be five years, with two additional five-year options to
extend. The agreement may be terminated by either party upon receipt of a 30-day
written notice.

Location
3838 N. 83rd Ave.
Council District: 5

Responsible Department
This item is submitted by City Manager Ed Zuercher, Assistant City Manager Jeff
Barton, and the Fire and Finance departments.




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Various Metals Supply - Requirements Contract - IFB 21-065 (Ordinance S-47609)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Southwest Steel Sales, LLC to purchase various metal supply for citywide use.
Further request to authorize the City Controller to disburse all funds related to this
item. The aggregate agreement value will not exceed $750,000.

Summary
The purpose of this contract is to provide various metals to citywide departments on an
as-needed basis to fabricate, maintain and/or repair various grates, handrails, and
fences throughout the City of Phoenix. The Water Services and Fire departments are
the primary users of this contract. The requested materials are critical to citywide
facility operations.

Procurement Information
IFB 21-065 was conducted in accordance with Administrative Regulation 3.10. There
were two offers received by the Finance Department Procurement Division on April 9,
2021, one of which was found to be non-responsive. The responsive offer was
evaluated on price, responsiveness to specifications, and responsibility to provide the
required goods and services. The bid notification was sent to 229 suppliers and was
publicly posted and available for download from the City's website.

The Deputy Finance Director recommends the offer from Southwest Steel Sales, LLC
be accepted as the lowest-priced, responsive and responsible offer.

Contract Term
The five-year agreement term will begin on or about July 1, 2021.

Financial Impact
The total agreement value will not exceed $750,000. Funding is available in the
various departments' budgets.

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



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Acceptance and Dedication of Easements for Public Utility and Sidewalk
Purposes (Ordinance S-47611)

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

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

Easement (a)
Applicant: United Services Automobile Association, its successor and assigns
Purpose: Public Utility
Location: 26300 N. Norterra Parkway
File: FN 200613
Council District: 1

Easement (b)
Applicant: US Relp Norterra East I, LLC, its successor and assigns
Purpose: Public Utility
Location: 26300 N. Norterra Parkway
File: FN 200613
Council District: 1

Easement (c)
Applicant: Southern Avenue Development, LLC, its successor and assigns
Purpose: Public Utility
Location: 3610 & 3614 W. Taylor St.
File: FN 210024
Council District: 4

Easement (d)
Applicant: John Song Trust dated October 10, 1994 and restated August 10, 2012,
Song Four Investments, Inc, Richard Steven Kent, Jeffrey Joseph Kent, Bryan Chan


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Kent, JS Song Properties, LLC, its successor and assigns
Purpose: Public Utility
Location: 6834 N. 23rd Drive
File: FN 210021
Council District: 5

Easement (e)
Applicant: Aldi (Arizona) LLC, its successor and assigns
Purpose: Sidewalk
Location: 5775 W. Baseline Road
File: FN 210015
Council District: 7

Easement (f)
Applicant: 2812 N 29th, LLC, its successor and assigns
Purpose: Public Utility
Location: 2530 N. 28th Place
File: FN 210020
Council District: 8

Easement (g)
Applicant: Juan Martinez, its successor and assigns
Purpose: Public Utility
Location: 835 E. Apollo Road
File: FN 210023
Council District: 8

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




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Acceptance of Easements for Drainage Purposes (Ordinance S-47612)

Request for the City Council to accept easements for drainage purposes; further
ordering the ordinance recorded.

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

Easement (a)
Applicant: United Services Automobile Association, its successor and assigns
Purpose: Drainage
Location: 26300 N. Norterra Parkway
File: FN 200613
Council District: 1

Easement (b)
Applicant: US Relp Norterra East I, LLC, its successor and assigns
Purpose: Drainage
Location: 26300 N. Norterra Parkway
File: FN 200613
Council District: 1

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




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Diversity RX Solution Camera Downlink Antenna - EXC 21-114 (Ordinance S-
47613)

Request to authorize the City Manager, or his designee, to enter into a contract for a
one-time purchase with Helinet Aviation Services, LLC to purchase one, 6-way
Diversity RX Solution Camera Downlink Antenna for the Police Department. Further
request to authorize the City Controller to disburse all funds related to this item. The
aggregate agreement value will not exceed $119,305.

Summary
The purpose of this contract is to purchase one, 6-way Diversity RX Solution Camera
Downlink Antenna for the Police Department. The Phoenix Police Department's Air
Support Unit currently utilizes a portable antenna system for downlinking aerial
surveillance from aircraft. This system is several years old, no longer reliable and is
not serviceable by the manufacturer. It also has numerous limitations including poor
reception strength, line-of-sight requirements and temperature sensitivity. Additionally,
this system is not capable of sending the received signal to the City network. The
requested antenna would be mounted on top of City Hall, which would provide nearly
unlimited reception across the City of Phoenix and beyond, while simultaneously
allowing the received signal to be input to the City network. This network access would
allow the video feed to be viewed both onsite and off-site by authorized personnel as
events unfold, as well as provide temporary recording on network servers. While video
will be temporarily recorded on network drives, evidentiary video will be recorded in the
aircraft, to be downloaded and impounded as evidence per Criminal Justice
Information Services and Phoenix Police Department policies. The downlink video feed
has been found to be vital during major events and high-priority surveillance of criminal
activity. All live-feeds will be encrypted. This purchase includes a two-year warranty of
the system.

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

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
a result of an approved Determination Memo which stated that with a more reliable,


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permanently mounted antenna, the Police Department would be provided with added
security and safety for officers on the ground and the City will further reduce its liability
in high-profile situations. The Diversity RX Solution Camera Downlink Antenna is the
only available system that meets this need.

The Deputy Finance Director recommends the contract with Helinet Aviation Services,
LLC be accepted.

Contract Term
The one-year contract term will begin on or about May 20, 2021.

Financial Impact
The aggregate contract value will not exceed $119,305. Funds are available in the
Police Department’s budget.

Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Police
Department.




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Foreign Language Interpretation and Translation Services - Requirements
Contract (Ordinance S-47614)

Request to authorize the City Manager, or his designee, to enter into a cooperative
participating agreement with Language Line Services, Inc. for as-needed Interpretation
and Translation Services for citywide use. A cooperative contract was established by
the State of Arizona under solicitation number ADSPO18-00008136. Further request
authorization for the City Controller to disburse all funds related to this item. The
aggregate contract value will not exceed $250,000.

Summary
The contract will provide City departments access to certified interpreters and/or
translators. As-needed services will include in-person interpretation services,
telephone interpretation services, and document translation services. Interpretation
and Translation services are needed to provide the public the ability to communicate in
more than 70 languages with public safety personnel during emergency and non-
emergency scenarios. Document translation services of legal documents, forms,
booklets, and pamphlets are needed by city departments.

Procurement Information
In accordance with Administrative Regulation 3.10, a participating agreement is
required when the City uses a cooperative agreement from another public agency. The
contract was awarded through competitive processes consistent with the City's
procurement processes, as set forth in the Phoenix City Code, chapter 43.

The State of Arizona ADSPO18-212895 contract for Interpretation and Translation
services as required by the City of Phoenix's departments. The contract was awarded
on Aug. 28, 2018. The use of this cooperative will provide the City national discounts
on these services. Additionally, review of pricing and availability from registered small
and local businesses indicates that this cooperative contract offers the best value to
the City.

Upon City Council approval of this item, a purchasing agreement incorporating the
City's terms and conditions will be fully executed between Language Line Services,
Inc. and the City.


Page 120


Both the American Bar Association and National Institute of Government Purchasing
endorses the use of Cooperative Agreements by municipalities and other public
institutions. As established best practice in government procurement, Cooperative
Agreements provide extensive benefits to procurement officials by leveraging volume
purchasing for maximum cost benefit and ensuring best value.

The Deputy Finance Director recommends that the cooperative participating
agreement with Language Line Services, Inc. be accepted.

Contract Term
The one-year contract term will begin on or about June 1, 2021. Provisions of the
contract include an option to extend the term up to one additional year, which may be
exercised by the City Manager or designee.

Financial Impact
The aggregate contract value will not exceed $250,000. Funds are available in various
departments' budgets.

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




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Part-Time Television Engineering Services - RFQu 19-070 (Ordinance S-47628)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 150025 with Engineering and Recording, Inc. for the
purchase of television engineering services and equipment for the Communications
Office. Further request authorization for the City Controller to disburse all funds related
to this item. The additional expenditures will not exceed $141,000.

Summary
The Communications Office supports various departments and programming through
the operation of PHXTV, the City's municipal cable station available to inform Phoenix
residents. This includes the broadcast and streaming support for all City Council
meetings and special events.

The station broadcasts programming both on-air and online which requires occasional
television engineering services. This contract provides the Communications Office with
required part-time engineering services, including but not limited to, maintenance of all
station and engineering facilities, video production software, technology infrastructure,
software and equipment upgrades, live-streaming, emergency equipment failure, and
server support; as well as equipment technical research, and installation and operation
of equipment.

Additional funds are needed due to usage that has been higher than originally
anticipated as engineering needs have increased considerably with the change to
virtual City Council Meetings during the COVID-19 pandemic.

Contract Term
The five-year contract term began on May 15, 2019, and is valid through May 14,
2024.

Financial Impact
Upon approval of $141,000 in additional funds, the revised aggregate value of the
contract will not exceed $228,000. Funds are available in the Communications Office’s
budget.



Page 122

Concurrence/Previous Council Action
This contract was originally approved by the City Council on May 15, 2019.

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




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Xerox Multifunction Devices, Products, Maintenance - ADSPO13-050377(A) -
Requirements Contract (Ordinance S-47637)

Request to authorize the City Manager, or his designee, to extend and continue using
Ordinance S-42303 under Contract 148114 with Xerox Corporation for the lease of two
Xerox high-volume black and white production devices, products and maintenance for
the City Clerk Department. Further request authorization for the City Controller to
continue to disburse all existing funds related to this item. No additional funds are
needed.

Summary
This contract is required to lease two high-volume black and white production printers
that are outside the scope of the Unified Print Project. This equipment is used to print
customer account statements for the Finance Department, liquor and regulated
business license statements and bills, sex offender notifications, training and
recruitment materials and other large volume projects for City departments. The
equipment has allowed the City to minimize costs and modernize processes while
taking advantage of more current technology to continue to produce more than 2.4
million impressions annually at the highest level of efficiency.

Contract Term
Upon approval, the contract term will be extended through Oct. 31, 2021.

Financial Impact
The contract was approved on March 2, 2016 with an original aggregate value of
$900,000; no additional funds are needed. Any remaining funds authorized by previous
Council action will be applied to the extended contract term. Funds are available in the
City Clerk Department’s budget.

Concurrence/Previous Council Action
This contract was originally approved by City Council on March 2, 2016.

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


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Hazardous Material Meters, Parts, Service, and Maintenance - Requirements
Contract (Ordinance S-47642)

Request to authorize the City Manager, or his designee, to enter into a contract with
Bascom-Turner Instruments Inc., Proengin Inc., CAM2 Technologies LLC dba
Redwave Technology and Rigaku Analytical Devices Inc., to purchase hazardous
material meters, parts, service and maintenance for the Fire Department. Further
request authorization for the City Controller to disburse all funds related to this item.
The aggregate contract value will not exceed $688,000.

Summary
The hazardous material meters are used by the Fire Department’s emergency
response personnel to detect dangerous chemicals, explosive gasses, radiation, white-
powders and many other substances. The hazardous material meters are a critical part
of the Fire Department’s ability to identify dangerous substances and mitigate those
hazards to protect the public and the firefighters.

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
a result of an approved Determination Memo which stated that the need for consistent
training throughout the agencies, delicate nature of the detection devices, the
dangerous conditions in which they are used, and the sole manufacturers of these
specific meters requires the Fire Department to utilize specific meters supplied by
Bascom-Turner Instruments Inc. (EXC 21-101), Proengin Inc. (EXC 21-124), CAM2
Technologies LLC dba Redwave Technology (EXC 21-125) and Rigaku Analytical
Devices Inc. (EXC 21-120).

The Deputy Finance Director recommends that the contract with Bascom-Turner
Instruments Inc., Proengin Inc., CAM2 Technologies LLC dba Redwave Technology
and Rigaku Analytical Devices Inc. be accepted.

Contract Term
The five-year contract term will begin on or about June 1, 2021.




Page 125

Financial Impact
The aggregate contract value will not exceed $688,000 and funds are available in the
Fire Department’s budget.

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




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Hazardous Materials Meters - Requirements Contract - IFB 21-085 (Ordinance S-
47644)

Request to authorize the City Manager, or his designee, to enter into a contract with
Advetage Solutions LLC, All Safe Industries, Inc., and Safeware, Inc. to provide
hazardous materials meters and accessories for the Fire Department. Further request
authorization for the City Controller to disburse all funds related to this item. The
aggregate contract value will not exceed $1,165,000.

Summary
The City of Phoenix Fire Department (PFD) Special Operations division requires the
use of hazardous materials meters as a critical part of their operation. These meters
are used by emergency response personnel to detect dangerous industrial chemicals,
explosive gasses, radiation, white powders, and many other substances. Hazardous
materials meters allow PFD to identify dangerous substances and mitigate those
hazards to protect the public. PFD's current fleet of meters are outdated, both
physically and technologically, and would pose a risk to emergency personnel and the
public if not replaced. The contract will allow the Fire Department to purchase meters
from the manufacturers FLIR, MX908, Thermo Fisher Scientific, and RAE Systems.


Procurement Information
IFB 21-085 was conducted in accordance with Administrative Regulation 3.10. There
were seven offers received by the Procurement Division on April 9, 2021 which were
evaluated on price, responsiveness to specifications, and responsibility to provide the
required goods and services. The bid notification was sent to 321 suppliers and was
publicly posted and available for download from the City's website. Two offers were
deemed non-responsive to the requirements of the solicitation.

The Deputy Finance Director recommends that the offers from Advetage Solutions
LLC, All Safe Industries, Inc., and Safeware, Inc. be accepted as the lowest-priced,
responsive, and responsible offers. Multiple awards are recommended to ensure the
lowest overall cost to the City.




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Contract Term
The five-year contract term shall begin on or about June 2, 2021.

Financial Impact
The aggregate contract value will not exceed $1,165,000. Funds are available in the
Fire Department's operating budget.

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




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Digital Color Production Press - Requirements Contract - RFP 21-102 (Ordinance
S-47646)

Request to authorize the City Manager, or his designee, to enter into a contract with
Dahill Office Technology Corporation, dba Xerox Business Solutions Southwest, to
lease a digital color production press for the City Clerk Department. Further request to
authorize the City Controller to disburse all funds related to this item. The aggregate
contract value will not exceed $1,150,000.

Summary
The City Clerk Department's Print, Design and Mail Services Division requires the use
of a high-volume digital color production press to print thousands of brochures, flyers,
door hangers, postcards, manuals, and other educational materials for critical City
programs. This press is outside the scope of the Unified Print Program and is a
documented exception. The current press, leased under Contract 139280, has
surpassed its useful life. A new digital color production press will allow the City to
reduce costs, modernize processes and adopt updated technology. The Print, Design
and Mail Services Division operates on a cost recovery basis. Therefore, any achieved
cost savings will directly benefit the internal City departments utilizing their services.

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

Procurement Information
RFP 21-102 was conducted in accordance with Administrative Regulation 3.10. Five
offers were received by the Procurement Division on Dec. 4, 2020. The bid notification
was sent to 45 suppliers and was publicly posted and available for download from the
City's website. One offer was deemed non-responsive to the requirements of the
solicitation.

The offers were scored by a five-member evaluation panel based on the following
criteria worth 1,000 points:

· Publishing System Capabilities - 250 points
· Digital Workflow Solution - 150 points


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· Training - 150 points
· Full-Service Maintenance - 150 points
· Firm and Key Personnel Experience, Qualifications, and References - 100 points
· Pricing, Financing and Lease Agreement - 200 points

The offeror scores are as follows:

· Xerox Business Solutions Southwest - 689 points
· Konica Minolta - 657 points
· Indigo America (HP 7eco) - 640 points
· Indigo America (HP 7K) - 618 points

The Deputy Finance Director recommends the offer from Xerox Business Solutions
Southwest be accepted as the highest-scored, responsive and responsible offer.

Contract Term
The five-year contract shall begin on or about June 15, 2021.

Financial Impact
The aggregate contract value will not exceed $1,150,000. Funds are available in the
City Clerk Department's operating budget.

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




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Pension Actuarial Software - EXC 20-098 (Ordinance S-47616)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 153021 with GovInvest, Inc., for the purchase of Pension
Actuarial Calculation Software for the Finance Department. Further request
authorization for the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $150,000.

Summary
This contract provides the Finance Department with a cloud-based pension actuarial
calculator that is used to perform real-time analysis related to proposed changes and
their potential impacts to the City’s pension obligations, including the Public Safety
Personnel Retirement System and the City of Phoenix Employees’ Retirement System.
The additional expenditures are for two years of services allowing the Finance
Department to utilize the calculator to analyze options related to the City’s pension
obligations.

Contract Term
The contract term is July 1, 2020 through June 30, 2023.

Financial Impact
Upon approval of $150,000 in additional funds, the aggregate value of the contract will
not exceed $225,000. Funds are available in the Finance Department’s budget.

Concurrence/Previous Council Action
This contract was originally approved by City Council on May 20, 2020.

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




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Carrier and Broadband Provider Services (Ordinance S-47655)

Request to authorize the City Manager, or his designee, to enter into a Letter of
Agreement with CenturyLink Communications LLC - Lumen Technologies Group, Cox
Arizona TelCom LLC - Cox Communications, Verizon Business Network Services, Inc.
and Zayo Group to continue to purchase carrier and broadband provider services for
departments Citywide in an amount not to exceed $3,150,000. This authorization is
needed to continue existing carrier and broadband provider services while the City
adopts the new State of Arizona cooperative agreements. Further request to authorize
the City Controller to disburse all funds related to this item.

Summary
City departments utilize carrier and broadband provider services for telecommunication
lines, circuits and services used across the City. Services include internet, phone lines,
data circuits and distributed denial of service protection. The usage of these
technologies is critical to the operations of all City departments. Services are procured
utilizing the State of Arizona cooperative agreements, which offer significant cost
savings due to the benefit from local government pricing and volume discounts. This
request is for authorization for an interim agreement to allow the City to pay for
monthly carrier and broadband services while the City adopts the new State of Arizona
cooperative agreements. These expenses are essential to the operations of the City,
as they provide telecommunication lines, circuits, and services used to satisfy a variety
of needs across the City.

Contract Term
The term will extend through Dec. 31, 2021. This request will allow adequate time for
the City to enter into and negotiate linking agreements and obtain City Council
authorization to adopt them.

Financial Impact
The $3,150,000 request is based on current usage to cover a seven-month period.
Funds are available in various City departments' budgets.




Page 132

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




Page 133
ATTACHMENT A


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




ORDINANCE S-


AN ORDINANCE AUTHORIZING TO ENTER INTO A



T
LETTER OF AGREEMENT WITH CENTURYLINK
COMMUNICATIONS LLC- LUMEN TECHNOLOGIES
GROUP, COX ARIZONA TELCOM LLC- COX
COMMUNICATIONS, VERIZON BUSINESS NETWORK
SERVICES, INC. AND ZAYO GROUP, TO CONTINUE TO




follows:
AF
PURCHASE CARRIER AND BROADBAND PROVIDER
SERVICES WHILE THE CITY ADOPTS THE NEW STATE
OF ARIZONA COOPERATIVE AGREEMENTS; FURTHER
AUTHORIZING THE CITY CONTROLLER TO DISBURSE
FUNDS.

__________


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




R SECTION 1. The City Manager or his designee is authorized to enter into

a Letter of Agreement with CenturyLink Communications LLC – Lumen Technologies

Group, Cox Arizona TelCom LLC – Cox Communications, Verizon Business Network




D
Services, Inc. and Zayo Group, to continue to purchase carrier and broadband provider

services for departments Citywide in an amount not to exceed three million one hundred

fifty thousand dollars ($3,150,000). The term will extend through December 31, 2021.

SECTION 2. The City Controller is authorized to disburse all funds for the

purposes of this ordinance.




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PASSED by the Council of the City of Phoenix this 2nd day of June, 2021.



____________________________
MAYOR
ATTEST:



____________________________
Denise Archibald, City Clerk

APPROVED AS TO FORM:
Cris Meyer, City Attorney
T
AF
BY: ____________________________________
____________________________________

REVIEWED BY:



____________________________
Ed Zuercher, City Manager




R
DRL:rb:LF21-1397:6/2/21:2257857_1




D
2 Ordinance S-

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Authorization for Additional Payment Authority for Outside Counsel - RFP 19-
LAW-001 (Ordinance S-47657)

Request to authorize the City Manager, or his designee, to add additional payment
authority in an amount of $1.7 million to provide outside counsel services to the City on
an as-needed basis as determined by the City Attorney. Further request authorization
for the City Controller to disburse all funds related to this item.

Summary
On June 5, 2019 Council authorized the City Attorney to enter into agreements with
firms who were placed on a list to be engaged to represent the City on a case-by-case
basis through Letters of Engagement. The City Code authorizes the City Attorney to
enter into agreements to provide legal services for the City of Phoenix. As needed, the
City Attorney may also contract for other legal services, including services of attorneys,
expert witnesses, and other legal advisors or consultants consistent with the authority
granted in the Phoenix City Code, sections 2-10 and 43-2. The City has had
unexpected large claims and lawsuits including cases going to the Arizona Supreme
Court that have resulted in an increase in expenditures over the last year. June is the
final month of a two-year contract and the additional spending authority is necessary to
timely pay the incurred legal fees owed to outside counsel to defend the City.

Financial Impact
With the $1.7 million in additional funds, the revised aggregate value is now
$18,700,000. Funds are available in various department budgets, including the Law
Department and Self-Insurance Fund.

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




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Gila River Indian Community Gaming Grants (Ordinance S-47639)

Request to authorize the City Manager, or his designee, to apply, accept, and if
awarded, enter into related agreements for up to $6,870,730.76 in new funding from
the Gila River Indian Community (GRIC) under the 2021 funding cycle. Further request
authorization for the City Treasurer to accept and the City Controller to disburse funds
as directed by GRIC in connection with these grants.

Summary
If awarded, these monies would be applied, as directed by GRIC, towards the
following:

City Applications
· Housing Department: $65,450 for the Phoenix Housing Connect Digital Literacy
Training, which will develop a digital literacy training program for residents who
recently received a device and two years of free internet service. Additionally,
training will be provided to onsite residents interested in becoming Tech
Ambassadors to assist their neighbors who need individual assistance.
· Neighborhood Services Department: $203,600 (over three years) for the Love Your
Block Project, which will heighten neighborhood, business and community
engagement.
· Office of Environmental Programs: $298,356 (over three years) for the Seeding
Abundance and Growing Our Future project, which will provide equipment and
training for consumers located in food deserts to grow their own food and develops
new urban farmers resulting in improved health, reduced food insecurity and
increased economic opportunities.
· Office of Sustainability: $192,000 (over three years) for the Cool Kids Cool
Corridors - A Children's Health Project, which will implement cooling strategies and
vegetation to improve the public health of students.
· Parks and Recreation Department: $20,100 for the Pueblo Grande Museum
Outdoor Exhibits Renovation, which will renovate two outdoor exhibit areas, the
reconstructed pit houses and the demonstration archeological dig site on the
grounds of Pueblo Grande Museum.
· Phoenix Fire Department: $76,189.42 for the Special Events Emergency Response



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Vehicle program, which will enhance emergency medical response capabilities
within the footprint of special events with limited vehicle access due to crowd
congestion or space restriction.
· Phoenix Police Department: $269,043.34 for the Officer Safety Package, which will
provide additional night vision goggles and protective equipment needed to
effectively protect officers and citizens within the Phoenix Metropolitan area.
· Public Transit Department: $85,000 for the 302 N. 1st Avenue Parking Garage
Electric Vehicle (EV) Charging Stations project, funding will be used to purchase
and install six EV charging stations in the Public Transit owned 302 N. 1st Avenue
(Public Transit headquarters) parking garage.
· Public Transit Department: $299,850 (over two years) for the Transit Bus Shelter
Safety Lighting Program, which will expedite and improve lighting systems for
transit bus shelters to provide and improve customer experience and increased
public safety for the transit-dependent populations in Phoenix.
· Public Works Department: $9,920 for the Virtual Compost Facility Tour in the Solid
Waste Section, which will fund an educational tour of a compost facility to be posted
online to the public.

Non-Profit Applications
· 19North Community Alliance: $237,000 for the Accelerating Economic Development
through Transit Oriented Development, which will implement the recommendations
outlined by the City of Phoenix in the 19North Transit Oriented Development Policy
Plan.
· A New Leaf, Inc.: $100,000 for A New Leaf's Workforce Development Services,
which will expand service capacity through a Workforce Central program office
location in Phoenix to promote and assist with employment, job readiness, and
economic security for community members.
· Arizona Center for Nature Conservation/Phoenix Zoo: $150,000 (over three years)
for The Pride Campaign-Predator Passage, the Predator Passage, the Africa Trail
Expansion will be the Zoo's largest capital project to date, spanning six acres and
resulting in an immersive experience for guests featuring new, up-close animal
viewing of lions, hyenas, leopards, meerkats, wart hogs, fennec fox and more. To
include educational components and conservation, species survival efforts.
· Amanda Hope Rainbow Angels: $25,000 for the Moms Mentoring Program, which
will provide mentoring for moms whose children are battling cancer and other life-
threatening diseases.
· Arizona Foundation for Women: $25,000 for the SHE Leads program, a Women's
Leadership Development Certificate Program.
· Assistance League of Phoenix: $50,000 for the Operation School Bell Wardrobes
for Children in Poverty program, which will provide new school wardrobes, including


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a hygiene kit and new book to very low-income grade K-8 children attending over
90 Phoenix Metro Area high-poverty, Title 1 schools.
· Arizona Helping Hands: $100,000 (over two years) for the Basic Needs Program, a
signature program of Arizona Helping Hands by providing beds and other essential
items for children in foster care so they can lead healthy and safe lives.
· Arizona Humane Society: $500,000 (over two years) for Arizona Humane Society's
Campaign to Transform Animal Welfare, which will transform Maricopa County from
the second-worst place to be a homeless pet in the nation to the best, the Arizona
Humane Society (AHS) proposes a replacement of its deteriorating Sunnyslope
Campus with the Central Campus & Animal Medical Center. Working as a
comprehensive system of care with the Nina Mason Pulliam Campus for
Compassion, the Central Campus & Animal Medical Center will enhance AHS' life-
saving abilities.
· Arizona Science Center: $50,000 for the STEM Education Programs for Under
Served Youth program, which will help deliver essential STEM education programs
including Focused Field Trips and Science on Wheels to children from Title I
schools in 2022.
· Arizona Sustainability Alliance: $47,499 for the Sow It Forward: Vertical Garden
Program, which will mitigate food insecurity by improving access to fresh, healthy
produce and provide food and farmers market education to students in low-income
and Title I K-12 schools.
· Arizona Autism United: $120,000 (over two years) for the Bilingual Family Support
Specialist to serve more local families affected by developmental disabilities and to
strengthen access to critical service among under served communities.
· Ballet Arizona: $30,000 (over three years) for the DanceAZ Program, which will
deliver high-quality arts education during the next three school years, annually
engaging approximately 100 low-income, under served students (grades 3-5)
attending Maricopa County Title I elementary schools.
· Banner Health Foundation: $500,000 (over three years) for the Center for Clinician
Resiliency program, which will seek to build resiliency and reduce burnout in
clinicians across their health care system. This project will reduce the stigma of
mental/behavioral health concerns and build wellness into regular routines and work
flows through education and training of resiliency champions, retreats, respite
opportunities and counseling.
· Barrow Neurological Foundation: $50,000 for The Barrow Concussion & Brain Injury
Center Domestic Violence Program, which will provide medical treatment and
community outreach support, in the form of cognitive retraining and education, for
the victims of domestic violence, living in shelters, in Maricopa County.
· Big Brothers Big Sisters of Central Arizona: $30,000 for the Making More Matches:
Getting Youth off the Wait List program, which will provide youth mentoring.


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· Boys & Girls Club of the Valley (BGCAZ): $100,000 for the Safe, Healthy and
Successful Kids Program, which will help to improve the academic success, life
skills, safety, health and well-being of at least 10,000 youth attending BGCAZ's 24
Clubs throughout the Valley.
· Boys Hope Girls Hope of Arizona: $35,000 for the Scholar Success program, which
will help high achieving students living in poverty get to and through college.
· Children's Museum of Phoenix: $300,000 (over three years) for the Children's
Museum of Phoenix's Free First Friday Nights and Innovation Fund Initiatives. This
initiative opens the museum to the public for ten free nights per year serving 25,000
people, as well their Innovation Fund, which enables the museum to routinely
create and update imaginative and research-based exhibits, activities and
programs.
· Cihuapactli Collective: $300,000 (over three years) for the Nurturing Community
Wellness through Comadrismo program, which will provide capacity building and
general support aimed at promoting health and wellness among urban Indigenous
Peoples.
· Civitan Foundation, Inc.: $125,884 for the MIDTOWN: Employment and Life-Skills
Opportunities for Developmentally Disabled Arizonans, which will address the
disproportionate challenges and barriers to employment, displacement from quality
programs due to the pandemic, and barriers to life-skills development that
intellectually and developmentally disabled Arizonans face. Funding will support a
large capital project at MIDTOWN that will transform the Northeastern corner of the
Coronado Neighborhood, and provide major economic development for disabled
Arizonans.
· Duet: Partners in Health & Aging: $30,000 for the Support for Non-English-Speaking
Kinship Families. Funding will help secure a full-time bilingual social worker to meet
the increased demand of Duet's non-English speaking kinship families in crisis who
need a coordinated approach to navigating the holistic needs of their families and
provide case management to grand families in crisis.
· Educare Arizona: $50,000 for the Child Development Association Certificate: A Two-
Generation Anti-Poverty Program, which will enable low-income individuals,
primarily mothers, to begin new careers while improving early childhood education
for thousands of young children in Arizona.
· Elevate Phoenix: $30,000 for the Improving the Lives and Futures of Low-Income
Urban Youth and Families program, which will help Elevate Phoenix improve the
academic success, life skills, literacy skills, health, well-being and future outcomes
for low-income, at risk, urban youth and their families.
· Esperanca, Inc.: $10,000 for the Health Literacy Education for Low-Income Latino
Children, Adults, and Seniors program, which will support the delivery of health
literacy programs regarding nutrition, physical activity, chronic disease self-


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management, such as diabetes, and oral health to reduce the prevalence of obesity,
diabetes, and poor oral health that disproportionably affect low-income Latino
children, adults, and seniors.
· Foundation for Senior Living (FSL): $25,000 for the FSL Nutrition Program for Low-
Income Seniors, which will support FSL's efforts to reduce food insecurity and
improve the health outcomes of an estimated 1,000 unduplicated low-income
seniors, adults with disabilities, and homebound adults through the provision of
70,000 hot, nutritious meals.
· Furnishing Dignity: $20,000 for the Essential Home Furnishings program, which will
provide complete home furnishings for low-income children, youth, adults and
families successfully transitioning out of homelessness or foster care into self-
reliance. Everyone deserves the comforts of home. Through in-kind donations of
gently used home furnishings and community support, Furnishing Dignity's
Essential Home Furnishings program makes this a reality for those on their pathway
to self-sufficiency and success.
· Girl-Scouts-Arizona Cactus-Pine Council: $25,000 for the Girl Scout Program,
which will support Girl Scout programming that promotes academic achievement,
mental wellness, and overall positive life outcomes for girls in Maricopa County.
· Greater Phoenix Chamber Foundation: $100,000 (over two years) for the Workforce
Collaboratives program, which will strengthen the alignment between education and
businesses, addressing the talent shortage for high wage, high demand careers
and improving the economic prospects of 2,000 individuals.
· Greater Phoenix Urban League, Inc.: $300,000 (over three years) for the Summer
Youth Empowerment Program, which will support funding for a five-year program.
· Hope Community Services: $25,000 for the Horses Healing Kids Equine Therapy
Program, which will expand HCS's successful equine therapy for children who have
experienced extreme trauma including severe violence, neglect and/or sexual,
physical and emotional abuse.
· Hushabye Nursery: $28,228 for the Healthy Families, Healthy Communities
program, which will provide neonatal abstinence syndrome (NAS) infant and
caregiver treatment for five families.
· Justa Center: $30,000 for the Improving the Health of Homeless Seniors program
which will hire a full-time nurse for Justa Center's on-site clinic to provide needed
services for homeless seniors in Phoenix.
· Life More Abundantly: $15,000 for the Family Health and Wellness STD Testing
Program, which will support staffing, STD testing kits and processing, supplies, and
brochures for STD testing in the South Phoenix Community where the rates are
highest and the health care resources are scarce and costly.
· Lights Camera Discover: $195,000 (over three years) for the Lights Camera
Discover Youth STEAM Workshops, which will allow them to purchase much


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needed supplies to facilitate their youth programs and assist with program
implementation.
· Live and Learn Program: $20,000 for the COVID-19 Relief Program, which will
provide funding to continue the COVID-19 Relief Program, the program offers
women in poverty a path back to stability and employment, and demand remains
high.
· Los Ninos Hospital Inc., DBA Innovative Home Health Nursing Services: $64,348
(over two years) for the Home Health Nursing Technology Services, which will
create efficiency and improve patient care by converting patient paper processes to
patient electronic processes.
· Lost Boys Center for Leadership Development: $205,500 (over three years) for the
Youth Education & Leadership Development for Second-Generation Sudanese
Refugees program, which will provide a breadth of educational, social, and
leadership opportunities for second-generation Sudanese refugees so they may
thrive within their families, schools, and Arizona communities.
· Maggie's Place, Inc.: $40,000 for the Family Success Center for Homeless
Pregnant Women program, which will provide supportive services to more than 250
mothers and children.
· MentorKids USA: $20,000 for the iLEAD Program, which will help youth (9th - 12th
grade) become leaders in their lives, their families, and their neighborhoods.
· Million Dollar Teacher Project: $90,000 (over three years) for the Title 1 Tech
program, which funding will be used to purchase and distribute computers, laptops,
hotspots to disadvantaged students in the Phoenix metro area to facilitate their
distance learning.
· Native American Connections: $25,000 for the Phoenix Indian School Visitor
Center, which will provide funding for the Phoenix Indian School Visitor Center,
whose purpose is to tell the untold story of the Phoenix Indian School and its alumni
to a wide community audience and to show how this story relates to larger history of
American Indian Boarding schools and Indian history in the Southwest and
nationally.
· OCJ Kids: $25,000 for the Cuddle Bags Distribution program, which will reduce
children's trauma after they are removed from abusive homes and as they transition
into foster care.
· Phoenix AKArama Foundation: $193,048 (over four years) for the Ultimate
Technology Extra-Curricular Education Programs, which will provide extra-curricular
educational programs for under-served communities with an emphasis on STEM
education.
· Phoenix Public Library Foundation: $100,000 for the Investing in Literacy, Learning
and Creativity program, which will support Phoenix Public Library Foundation's
Capital Campaign to bring exceptional preschool learning environments to our


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libraries. Funding would be used to improve and enhance Children's Place at
Burton Barr Central Library. The first five years is a critical time in a child's life; 90
percent of a child's brain development happens by age five. Providing free,
stimulating, and interactive environments for children is key to supporting school
readiness skills. This funding would enhance and update the Storybook Garden at
Burton Barr Central Library.
· ResilientME, Inc.: $40,000 (over two years) for the R's of Resilient Me program,
which will provide prevention programming rooted in evidence-based practices for
developing resiliency to youth transitioning from foster care, a population
particularly vulnerable to homelessness and incarceration.
· Rosie's House: $100,000 (over four years) for the $5 million More than Music
Campaign, which will support the purchase, renovation and equipping of a
permanent facility that will help Rosie's House increase enrollment and create
relevant programs that encourage young people from low-income neighborhoods to
think critically, solve problems in inventive ways, collaborate, and ultimately become
the well-rounded intellectual talent needed to ensure Arizona's future.
· Southern Arizona Association for the Visually Impaired (SAAVI): $35,000 for the
Real Empowerment through Achievement and Learning (REAL) Program for Blind
Children program, which will continue to expand educational programming for blind
children throughout Phoenix.
· SEED SPOT: $103,875 for the Accelerating Economic Recovery through
Entrepreneurship program, which will ensure that entrepreneurs and small business
owners in the Phoenix metro area can access the support they need to accelerate
an equitable economic recovery.
· SOUNDS Academy: $40,000 (over two years) for the Comprehensive Music
Education program, which will extend high quality music education programming to
395 youth traditionally under-represented in classical music and under-served
through music education opportunities in school.
· St. Joseph the Worker: $15,000 for the Employment Without Barriers program,
which will provide quality employment opportunities to individuals experiencing
homelessness and those facing extreme poverty across Maricopa County.
· St. Mary's Food Bank: $100,000 for the St. Mary's Food Bank Skills Center, which
will improve the lives of homeless, formerly incarcerated, and other vulnerable
people by training them for jobs in the food industry or a warehouse and helping
with job placement.
· Televerde Foundation: $100,000 (over two years) for the Prepare Achieve and
Transform for Healthy Success (PATHS) program, a workforce development
program for currently and formerly incarcerated women focusing on personal
wellness, workplace readiness, employment strategies financial literacy, lifelong
learning and mentoring.


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· The Opportunity Tree: $25,000 for the Youth Transition Program - Self Sufficiency
for Youth with Intellectual and Developmental Disabilities (IDD) program, which will
continue to expand the program and provide employment training for youth with
IDD.
· The Sagrado: $60,840 for the Conscious Development program, which will activate
and replicate an outdoor meditation space created to connect community members
with nature, each other, and themselves through healing arts.
· Upward for Children and Families: $30,000 for the Lifting Children Upward Nursing
Program, which will provide medically vulnerable children, and potentially adults,
who have disabilities with on-site nursing care so they can attend Upward's Special
Education School, Child Care program and Adult Day Treatment program.
· USO Arizona: $90,000 (over three years) for USO Youth Programs and USO
Phoenix Military Entrance Processing Station (MEPS), which will strengthen and
connect military service members and their families through programs and services
that boost morale, provide a sense of community, and build resiliency among
children and families. Funding will support USO Arizona's youth programming
including Kids Camp programs (arts, recreation, and educational programs) and
services for military service members through their Phoenix MEPS location.
· Valley of the Sun YMCA: $50,000 (over two years) for the Childcare, Preschool, and
Meal Programs for low-income Phoenix children program, which will provide
childcare, preschool, and meals to children from low-income Phoenix families.
· Year Up Arizona: $20,000 for the Supporting Youth Employment and Economic
Mobility: Year Up Arizona's Workforce Development Program, which will support
Year Up Arizona's core Academics, Program, and Student Services program
elements to prepare their students to compete for careers and thrive in a rapidly
evolving economy.

The gaming compact entered into the State of Arizona and various tribes calls for 12
percent of gaming revenue to be contributed to cities, towns and counties for
government services that benefit the general public including public safety, mitigation
of impacts of gaming and promotion of commerce, and economic development. The
Gila River Indian Community will notify the City, by resolution, of the Tribal Council, if it
desires to convey to the City a portion of its annual 12 percent local revenue-sharing
contribution.

Financial Impact
There is no budgetary impact to the City of Phoenix and no general purpose funds are
required. Entities that receive gaming grants are responsible for the management of
those funds.



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




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Item text
Fort McDowell Yavapai Nation Gaming Grants (Ordinance S-47649)

Request to authorize the City Manager, or his designee, to apply, accept, and if
awarded, enter into related agreements for up to $836,200 in new funding from Fort
McDowell Yavapai Nation under the 2021 funding cycle. Further request authorization
for the City Treasurer to accept, and the City Controller to disburse, funds by Fort
McDowell Yavapai Nation in connection with these grants.

Summary
If awarded, these monies would be applied, as directed by Fort McDowell Yavapai
Nation towards the following:

City Applications
· Community and Economic Development Department: $50,000 for the Reinvest
Maryvale Campaign, which will attract meaningful investment and development
interest in the Maryvale Village, that will provide education, recreational and
economic opportunity to the residents and visitors of Maryvale.
· Housing Department: $27,460 for the PHXHousing Connect Tech Ambassador
Program, which will develop a new program for up to 800 senior residents at the
city's public housing properties who recently received a device and free internet
service. Funding will be used to develop a Tech Ambassador program to provide
continued support to the city's senior public housing residents by supporting one
year of peer-to-peer digital literacy skill training and isolation-reducing social
activities.
· Human Services Department: $149,479 for the Phoenix Youth R.I.S.E. program,
which will provide youth of Phoenix, ages 16 to 24, an opportunity to participate in a
paid, four-week work experience/internship with a community business during the
summer months. Funding will allow for 107 more youth to be served and in turn
support the economic and community development needs in Phoenix.
· Office of Environmental Programs and Community and Economic Development
Department: $289,000 (over two years) for the Phoenix Urban Agriculture, Climate
Resilience, and Entrepreneurship (ACRE) program, which will strengthen the food
production step of the local food system by helping farms increase climate
resilience, growing new farm entrepreneurs and worker cooperatives, and training
the next generation of growers through a fellowship program that embeds fellows


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with farms and other entrepreneurs.
· Phoenix Fire Department: $84,361 for the Phoenix Fire Department Regional
Paramedic Training Unit Vehicle, funding will be used to acquire a dedicated
paramedic training vehicle that will provide a consistent and reliable apparatus for
paramedic students to respond to EMS incidents to practice response, apply
knowledge and perform skills necessary to effectively provide medical treatment in
a pre-hospital setting prior to certification.

Nonprofit Applications
· Aunt Rita's Foundation: $10,000 for the Ending the HIV Epidemic: Prevention,
Education, Testing, and Outreach program, which would educate individuals about
HIV, prevent HIV transmission, promote HIV testing, provide resources to access
health care, medications, housing, substance use treatment, legal aid, etc., and
heighten the awareness of HIV through virtual and in-person community events.
· Arizona Educational Foundation: $25,000 for the Our World: Educators for
Indigenous Students program, which will provide training for teachers and
administrators serving Indigenous students throughout the City of Phoenix and
Maricopa County.
· Arizona Foundation for Women: $25,000 for the SHE Leads! Leadership
Development for Women program, which seeks to amplify its impact by creating a
cohort of SHE Leads! participants from BIPOC communities who have often been
marginalized by past leadership programs.
· Arizona Helping Hands: $10,000 for the Basic Needs program, which will provide
beds and other essential items for children in foster care so they can lead healthy
and safe lives.
· Arizona Humane Society: $8,000 for the Humane Teens for a Humane Future
program, which will benefit the Humane Teens program during the 2022-2023
school year, allowing Arizona Humane Society to enroll up to 40 teens in their
STEM-related internship program.
· Camp Colley: $27,900 for the Phoenix Youth to Camp Colley 2021 program, which
will fund undeserved Phoenix children to attend Camp Colley in 2021 for their
positive learning and growth in nature. Program objectives include increasing social
-emotional skills and environmental education/learning.
· Esperanca, Inc.: $10,000 for the Health Literacy Education for Low-Income Latino
Children, Adults and Seniors program, which will support Esperanca's delivery of
evidence-based health literacy programs regarding nutrition, physical activity,
chronic disease self-management, such as diabetes, and oral health to reduce the
prevalence of obesity, diabetes and poor oral health that disproportionately affect
low-income Latino children, adults, and seniors. Esperanca also delivers meals and
food items to Latino seniors in the programs to reduce food insecurity and promote


Page 147

healthy eating.
· Foundation for Senior Living (FSL): $15,000 for the FSL Nutrition Program for Low-
Income Seniors program, which will support FSL's efforts to reduce food insecurity
and improve the health outcomes of an estimated 1,000 unduplicated low-income
seniors and homebound adults with disabilities through the provision of 70,000 hot,
nutritious meals in Fiscal Year 2022.
· New Pathways for Youth: $50,000 for the Holistic Youth Transformation Program,
which will provide a comprehensive, evidence-based programming to improve the
educational outcome of at-risk students attending Title I schools in Maricopa
County. Funding will serve more than 600 new Title I students over the next five
years, more than doubling their organizational impact.
· Ronald McDonald House Charities of Central and Northern Arizona: $25,000 for the
Keeping Families Together program, which will offer families a welcoming and safe
place to stay, meals, and a support system of other families who are also
experiencing a difficult time. Funding would fund 234 nights of rest for families and
would allow them to stay close to their ill or injured children receiving specialized
care at a Phoenix-area hospital.
· Valley of the Sun YMCA: $20,000 for the Childcare, Preschool, and Meal Programs
for low-income Phoenix children program, which will provide childcare, preschool,
and meals to children from low-income Phoenix families at no cost.
· Year Up Arizona: $10,000 for the Closing the Opportunity Divide in Phoenix:
Support for Year Up Arizona's Workforce Development Program, which support
Year Up Arizona's Gateway Community College location. They will enroll up to 160
young adults in the program preparing them to compete for careers and thrive in a
rapidly evolving economy.

The gaming compact entered into by the State of Arizona and various tribes calls for
12 percent of gaming revenue to be contributed to cities, towns, and counties for
government services that benefit the public including education, public safety, health,
environment, economic and community development. The Fort McDowell Yavapai
Nation will notify the City, by resolution of the Tribal Council, if it desires to convey to
the City a portion of its annual 12 percent local-revenue-sharing contribution.

Financial Impact
There is no budgetary impact to the City of Phoenix and no General Fund dollars are
required. Entities that receive gaming grants are responsible for the management of
those funds.




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




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Item text
Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
47627)

Request to authorize the City Manager, or his designee, to transfer retirement funds for
Debbie Foster in the amount of $81,420.32 to the Arizona State Retirement System,
and further request authorization for the City Controller to disburse funds.

Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System (ASRS) upon
approval by the Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:

Foster, Debbie: $81,420.32

Concurrence/Previous Council Action
This item was approved by the COPERS Board at its May 6, 2021 meeting.

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




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Item text
Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
47635)

Request to authorize the City Manager, or his designee, to transfer retirement funds for
Ildiko Palmer in the amount of $101,605.92 to the Arizona State Retirement System,
and further request authorization for the City Controller to disburse funds.

Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System (ASRS) upon
approval by the Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:

Palmer, Ildiko: $101,605.92

Concurrence/Previous Council Action
This item was approved by the COPERS Board at its May 6, 2021 meeting.

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




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Item text
Fiscal Year 2021-2022 Head Start Birth to Five Coronavirus Response and Relief
Supplemental Appropriations Act Funding (Ordinance S-47604)

Request to authorize the City Manager, or his designee, to apply for, accept, and, if
awarded, enter into any necessary agreements for the Head Start and Child Care
Partnership grants in the amount of $1,038,644. Further request to authorize the City
Treasurer to accept, and the City Controller to disburse all funds related to this item.
One-time funding is provided through the Coronavirus Response and Relief
Supplemental Appropriations (CRRSA) Act.

Summary
The Office of Head Start received $25 million as a portion of the CRRSA Act and has
allocated $1,038,644 of those funds to the City of Phoenix, as the grantee, to use in
the prevention, preparation and response to the COVID-19 pandemic. This funding will
be used on activities, materials, and supplies that may include but are not limited to
mental health and wellness for families and staff, employment of additional staff,
professional development, provisions to deliver meals and snacks to children in
school, and sanitizing the learning and work environments. This is a non-competitive
supplemental application.

The funding will be allocated based on the number of slots per program listed below:

Head Start Education Service Providers (2,963 slots) = $888,900
Early Head Start Home-Based (300 slots) = $90,000
Early Head Start Child Care Partners (188 slots) = 56,400

As the grantee, the City of Phoenix will retain $3,344 to be used for personal protective
equipment and sanitizing solutions for city staff to use when meeting with parents,
visiting school campuses and participating in community events.

The contracted Head Start Education Service Providers and Early Head Start - Child
Care Partners are listed below:

Education Service Providers
Alhambra Elementary School District


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Booker T. Washington Child Development Center
Deer Valley Unified School District
Fowler Elementary School District
Greater Phoenix Urban League
Roosevelt Elementary School District
Washington Elementary School District

Child Care Partners
Cactus Kids Child Care Center
Fusion Minds dba Immanuel Care for Children
Out of This World Christian Child Care

Contract Term
The CRRSA funding will be received July 1, 2021, and must be expended by March
31, 2023.

Financial Impact
The estimated aggregate contract total for the remaining three years is $123,587,802.
There is no impact on the General Fund. One-time funding is provided through the
CRRSA Act.

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




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Item text
Head Start Birth to Five Program Behavior and Educational Coaching Services
Qualified Vendor List - RFQu-20-EDU-40 (Ordinance S-47610)

Request authorization for the City Manager, or his designee, to award and enter into
contracts with responsive offerors to the Request for Qualifications (RFQu) for
classroom behavior, educational coaching, and professional development services.
Further request authorization for the City Controller to disburse funds in an aggregate
amount not to exceed $655,000 over the life of the Qualified Vendor List (QVL).
Funding is available from the U.S. Department of Health and Human Services,
Administration of Children, Youth and Families. There is no impact to the General
Fund.

Summary
The Human Services Department's Head Start Birth to Five program is committed to
providing positive learning environments for children to learn and grow. In collaboration
with the Head Start Birth to Five behavior support specialist, behavioral and
educational coaches will work together to support children and teachers by
implementing positive age-appropriate interventions in classrooms, socialization sites,
and childcare centers to ensure safe and nurturing environments. Coaches will work
with teachers to implement effective classroom management techniques and
strategies for supporting children with challenging behaviors. Coaches will also help
children learn to regulate their behaviors, role-model appropriate behaviors, and
facilitate positive social interactions among groups of children. Professional
development will include training for teachers on understanding the significance of
different types of behaviors and how to effectively and appropriately manage those
behaviors.

Procurement Information
Request for Qualifications, RFQu-20-EDU-39 was issued on Nov. 20, 2020. The
solicitation was conducted in accordance with Administrative Regulation 3.10 to
establish a QVL. The Human Services Department received two offers on Jan. 4,
2021. Per Phoenix City Code § 43-15 (I), all statements of qualifications were rejected.

RFQu-20-EDU-40 was issued on Jan. 29, 2021. The solicitation was conducted in
accordance with Administrative Regulation 3.10 to establish a QVL. The Human


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Services Department received five offers on March 19, 2021. One offer was
determined non-responsive.

The Evaluation Committee evaluated all offers based on the evaluation criteria,
responsiveness to all specifications, terms and conditions, and responsibility to provide
the required services. The Evaluation Criteria was as follows:

Criteria and Possible Points:

· Method of Approach - 400 possible points.
· Experience and Expertise of Key Personnel - 300 possible points.
· Cost/Budget - 300 possible points.

Evaluation Committee Scoring Consensus:

· Touchstone Behavioral Health DBA Touchstone Health Services: 883 points.
· Southwest Human Development, Inc.: 679 points.
· Life Health and Wellness Health Care: 602 points.
· Arizona Autism United, Inc.: 580 points.

The Evaluation Committee recommends the following offerors be added to the QVL:

· Southwest Human Development, Inc.
· Touchstone Behavioral Health DBA Touchstone Health Services.

Contract Term
The initial contract term will begin on or about July 1, 2021 and end June 30, 2024 with
one two-year option to extend. The extension option may be exercised at the
discretion of the City Manager or designee.

Financial Impact
Estimated annual expenditures are $131,000. Expenditures are not to exceed
$655,000 over the life of the QVL. Funding is available from the U.S. Department of
Health and Human Services, Administration of Children, Youth and Families. No
General Funds are required.

Concurrence/Previous Council Action
The Head Start Birth to Five Parent Policy Council approved the request to release the
Classroom Behavior and Education Coach Services RFQu on July 31, 2020.



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




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Item text
Retroactive Authorization to Accept and Disburse Grant Funding from JPMorgan
Chase & Co. (Ordinance S-47624)

Request to authorize the City Manager, or his designee, to retroactively accept
JPMorgan Chase & Co. grant funds totaling $150,000. Further request authorization to
enter into an agreement with the Phoenix Parks Foundation to serve as the fiscal
agent to receive these funds. Additionally, request to authorize the City Treasurer to
accept, and the City Controller to disburse, all funds related to this item for the life of
the grant.

Summary
Since 2013, the City of Phoenix Youth Reach and Invest in Summer Employment
(Phoenix Youth RISE) program has placed more than 600 youth between the ages of
16 to 24 in summer work experiences. The program provides subsidized wages for
youth to work up to 80 hours with an employer during the summer and includes work
readiness training, career exploration and mentorship. The program was paused in
2020 due to the COVID-19 pandemic and will return this summer. This year, Phoenix
Youth RISE anticipates placing 300 qualified youth applicants in paid internships due
to increased philanthropic support. In 2019, the program placed 143 youth applicants
in paid summer work experiences.

Annually, JPMorgan Chase & Co. partners with U.S. cities to increase the number of
youth who have access to quality summer work experiences to place them on a path
to greater economic mobility. In order to be a recipient of the funds, JPMorgan Chase
& Co. requires that a Memorandum of Understanding (MOU) be executed with a 501
(c)3 nonprofit partner that agrees to serve as the applicant and fiscal agent for the
grant.

In March 2021, the Human Services Department executed a one-year MOU with the
Phoenix Parks Foundation, to serve as the fiscal agent for grant funds awarded on
behalf of the Phoenix Youth RISE program.

If awarded, $150,000 will support summer work experiences for 117 youth. The cost
per youth is approximately $1,200, including the cost of wages, interest and skill
assessments, training, mentoring and supportive services.


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Contract Term
The grant period is from May 1, 2021, through June 30, 2022.

Financial Impact
There is no impact to the General Fund. Funding will be provided by JPMorgan Chase
& Co. No matching funds are required.

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




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Item text
Retroactive Application for Human Services Department to Apply for Pacific
Premier Bank Grant Funds (Ordinance S-47626)

Request to authorize the City Manager, or his designee, to retroactively apply for and,
if awarded, accept Pacific Premier Bank grant funds totaling $10,000. Further request
authorization to enter into an agreement with the Phoenix Parks Foundation to serve
as the fiscal agent to receive these funds. Additionally, request to authorize the City
Treasurer to accept, and the City Controller to disburse, all funds related to this item
for the life of the grant.

Summary
Since 2013, the City of Phoenix Youth Reach and Invest in Summer Employment
(Phoenix Youth RISE) program has placed more than 600 youth between the ages of
16 to 24 in summer work experiences. The program provides subsidized wages for
youth to work up to 80 hours with an employer during the summer and includes work
readiness training, career exploration and mentorship. The program was paused in
2020 due to the COVID-19 pandemic and will return this summer. This year, Phoenix
Youth RISE anticipates placing 300 qualified youth applicants in paid internships due
to increased philanthropic support. In 2019, the program placed 143 youth applicants
in paid summer work experiences.

Annually, Pacific Premier Bank's Charitable Giving Program addresses economic
disparities by supporting opportunities which enable socioeconomic advancement
through job training and workforce development initiatives. In order to be a recipient of
the funds, Pacific Premier Bank requires that a 501 (c)3 nonprofit partner agree to
serve as the fiscal agent for the grant.
In March 2021, the Human Services Department executed a one-year Memorandum of
Understanding with the Phoenix Parks Foundation to serve as the fiscal agent for grant
funds awarded on behalf of the Phoenix Youth RISE program.

If awarded, $10,000 will support summer work experiences for eight youth. The cost
per youth is approximately $1,200 including the cost of wages, interest and skill
assessments, training, mentoring and support services.




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Contract Term
The grant period is from May 1, 2021 to April 30, 2022.

Financial Impact
There is no impact to the General Fund. Funding will be provided by Pacific Premier
Bank. No matching funds are required.

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




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Item text
Authorization to Enter into Contract with Arizona Community Action Association
dba Wildfire (Ordinance S-47643)

Request to authorize the City Manager, or his designee, to enter into a contract with
the Arizona Community Action Association dba Wildfire to accept emergency utility
assistance funds in an amount not to exceed $288,937 beginning July 1, 2021 through
June 30, 2022. Further request to authorize the City Treasurer to accept, and the City
Controller to disburse, all funds related to this item.

Summary
Through Wildfire, Arizona Public Service, Salt River Project and Southwest Gas
provide funds to the City of Phoenix for emergency utility assistance. This funding will
allow the City to provide assistance to approximately 1,100 households.

Contract Term
The term of the contract will be for one year beginning July 1, 2021, through June 30,
2022.

Financial Impact
The contract total amount shall not exceed $288,937. There is no impact to the
General Fund.

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




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2020-21 and 2021-22 Community Development Block Grant Public Service
Subrecipient Recommendations (Ordinance S-47645)

Request to authorize the City Manager, or his designee, to enter into 2020-21 and
2021-22 Community Development Block Grant (CDBG) contracts for Public Service
programs for an amount not to exceed $781,550. Further request to authorize the City
Controller to disburse all funds related to this item over the life of the contracts. These
contracts will be funded by the U.S. Department of Housing and Urban Development
(HUD).

Summary
In October 2019, the Land Use and Livability Subcommittee approved the issuance of
a Request for Proposals (RFP) for CDBG funded Public Service programs for Fiscal
Year (FY) 2020-21. The Public Service program provides an opportunity for nonprofits
to apply for funding to deliver critical programs and services serving low- and moderate
-income communities in Phoenix. The RFP priorities were Low-Income Youth Services,
Support Services for Persons with Disabilities, and Senior Support Services. The
process was interrupted in the spring of 2020 when the COVID-19 pandemic changed
the way many nonprofits were able to provide services and programs to members of
the public. On Feb. 25, 2021, the Public Service programs RFP was reissued by the
Neighborhood Services Department (NSD) and closed on March 25, 2021. A total of
33 responsive applications, requesting more than $936,000, was received.
Applications were evaluated and scored by the Community Development Review
Committee, an 11-member independent and volunteer committee appointed by the
Mayor.

Due to the number of proposals received by NSD seeking CDBG funding from the
2020-21 RFP process, on May 5, 2021, City Council approved combining the 2020-21
and 2021-22 CDBG Public Service allocations for a total allocation of $781,550
($400,688 for the 2020-21 allocation and $380,862 for the 2021-22 allocation). This
allowed the Community Development Review Committee to recommend approving a
greater number of nonprofit organizations to be awarded grant funds to deliver critical
public service programs beginning July 1, 2021.

Proposals were rated on a 1,000-point scale: project description/need (250 points),


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proposed outcomes and objectives (250 points), program budget (250 points) and
track record and capacity (250 points). Funding recommendations were developed
based on the overall committee's scores.

The following lists identify the 26 organizations administering the 28 proposals the
Community Development Review Committee recommended funding for a total of
$781,550.

CDBG Public Service Grant Program Awardees

Low Income Youth Services:
· 1N10, Inc. dba One-N-Ten: $30,000
· Arizona Recreation Center for the Handicapped: $30,000
· Assistance League of Phoenix: $30,000
· Be A Leader Foundation: $29,325
· Big Brothers Big Sisters of Central Arizona: $30,000
· Boys & Girls Clubs of the Valley: $30,000
· Chicanos Por La Causa, Inc.: $30,000
· Child Crisis Arizona: $30,000
· Desert Mission Lincoln Learning Center: $26,000
· Elevate Phoenix: $30,000
· Future for Kids: $20,000
· G Road: $27,750
· Homeless Youth Connection: $30,000
· LifeologyAZ, Inc.: $20,703
· Neighborhood Ministries: $30,000
· New Pathways for Youth, Inc.: $30,000
· Phoenix Indian Center, Inc.: $30,000
· Sounds Academy: $20,000
· Technical Assistance Partnership of Arizona (TAP): $20,000
· TigerMountain Foundation: $30,000
· Valley of the Sun YMCA: $30,000
· Wesley Community & Health Centers: $30,000

Support Services for Persons with Disabilities:
· Raising Special Kids: $20,061
· Southern Arizona Association for the Visually Impaired: $30,000



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Senior Support Services:
· Chicanos Por La Causa, Inc.: $30,000
· Duet: Partners in Health & Aging: $30,000
· Father Matters, Inc.: $27,711
· Valley of the Sun YMCA: $30,000

Contract Term
Contract terms will commence on or about July 1, 2021, through June 30, 2022, with
an option to extend through Dec. 31, 2022 that may be exercised in the discretion of
the City Manager or designee.

Financial Impact
There is no impact to the General Fund. These programs are funded by CDBG
funding.

Concurrence/Previous Council Action
The 2020-21 CDBG Public Service and Public Facility RFP was approved by the City
Council on Nov. 6, 2019.

The 2021-22 CDBG Public Service and Public Facility RFP was approved by the City
Council on May 5, 2021.

The Land Use and Livability Subcommittee approved this item by a 3 to 0 vote at the
May 19, 2021, subcommittee meeting.

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




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Item text
Basketball Backboard Systems Preventative Maintenance and Repair -
Requirements Contract - IFB 21-015 (Ordinance S-47621)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Arizona Courtlines, Inc. to purchase Basketball Backboard Preventative
Maintenance and Repair Services for the Parks and Recreation Department. Further
request to authorize the City Controller to disburse all funds related to this item. The
agreement value will not exceed $178,500.

Summary
This contract will provide preventative maintenance, inspection and repair services on
motorized basketball backboard systems and gym dividers, including motors, winches,
cabling and other critical safety features. The Parks and Recreation Department has
62 retractable backboards, 50 height adjusters and 6 mechanical gym dividers located
in 14 gymnasium sites at various locations throughout the City, which will be serviced
under this contract. The basketball backboard systems and related equipment are
heavily used by numerous youth and adult sports leagues and require regular
maintenance and repair services to ensure their safety.

Procurement Information
IFB 21-015 was conducted in accordance with Administrative Regulation 3.10. There
were three offers received by the Finance Department Procurement Division on April
16, 2021, which were evaluated on price, responsiveness to specifications and
responsibility to provide the required goods and services. The bid notification was sent
to 58 suppliers and was publicly posted and available for download from the City's
website.

The Deputy Finance Director recommends acceptance of the offer from Arizona
Courtlines, Inc. as the lowest-priced, responsive and responsible offer.

Contract Term
The five-year agreement term will begin on or about July 1, 2021.




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Financial Impact
The total agreement will not exceed $178,500. Funding is available in the Parks and
Recreation Department's budget.

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




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Greater Phoenix Economic Council Annual Contract (Ordinance S-47605)

Request to authorize the City Manager, or his designee, to enter into a one-year
contract with the Greater Phoenix Economic Council for Fiscal Year 2021-22 for
business attraction and development services. Further request to authorize the City
Controller to disburse all funds related to this item. The total fee will not exceed
$800,200.

Summary
The Greater Phoenix Economic Council’s (GPEC’s) mission is to attract and grow
quality businesses and advocate for Greater Phoenix's competitiveness. Its efforts
include marketing the region, coordination of regional prospect proposals and real
estate tours, domestic and international sales missions and other strategic activities
resulting in business investment in the region.

The City of Phoenix has been a member of GPEC since the organization's inception in
1989. The fee for each GPEC member in Maricopa County is calculated using the per
capita rate of $0.4897, which is the same as last year, and is based on the most
current population estimates from the Arizona Office of Economic Opportunity. The
2020 population estimate for Phoenix is 1,634,061. Based on this formula, the Fiscal
Year (FY) 2021-22 contract amount is $800,200, which will be shared equally by the
Aviation, Public Works, Water Services, and Community and Economic Development
(CED) departments.

GPEC specifically collaborates with CED every year to generate prospects and attract
new business investment from outside the region. As of March, for FY 2020-21, GPEC
has helped locate 27 companies to the region, expecting to create more than 5,300
jobs and make capital investments totaling more than $558 million. So far, 14 of those
companies have chosen to locate in Phoenix.

GPEC represents 23 municipalities in the region including Maricopa County and
conducts a variety of diverse and value-added services and activities on behalf of its
members. In addition to the public sector members, more than 170 private investors
contribute resources to support GPEC's efforts.



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Contract Term
The term of this one-year contract is July 1, 2021 to June 30, 2022.

Financial Impact
Based on the formula, the FY 2021-22 contract amount is $800,200, which will be
shared equally by the Aviation, Public Works, Water Services, and CED departments.

Concurrence/Previous Council Action
The Workforce and Economic Development Subcommittee recommended approval of
this item on April 28, 2021, by a vote of 3-0.

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua, Karen Peters, and
Ginger Spencer and the Aviation, Public Works, Water Services and Community and
Economic Development departments.




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Development Agreement with CapRock Partners for Installation of Public
Infrastructure Improvements (Ordinance S-47629)

Request to authorize the City Manager, or his designee, to negotiate and enter into a
development agreement, and any other agreements as necessary, with CapRock
Partners, LLC, dba CRP LDF 55th Avenue LLC or its City-approved designee, and
Southern Cross, LLC for the installation of public infrastructure improvements located
along 55th Avenue from Roosevelt to Van Buren streets. Further request to authorize
future City acceptance and maintenance of the public infrastructure along this
alignment.

Summary
CapRock Partners, LLC, dba CRP LDF 55th Avenue LLC or its City-approved
designee (Developer) has negotiated a long-term lease with the Southern Cross, LLC
(Owner) of an approximately 184-acre site generally bounded by Roosevelt Street to
the north, Van Buren Street to the south, Loop 202 to the west, and the 53rd Avenue
alignment to the east (Site). Developer plans to develop approximately 3.3 million
square feet of industrial buildings (Project). This employment-generating development
could add several thousand new jobs to the Site over the next 10 years. The Project is
currently under plan review in the City's Planning and Development Department with
site plan approval anticipated towards the end of May 2021.

To accommodate for these new jobs and the additional traffic to the area resulting from
the creation of the Project, the Street Transportation Department has required the
developer to construct 55th Avenue from Van Buren Street to Roosevelt Street. The
new 55th Avenue alignment will provide critical access to attract and retain new
development and is listed as a future street on the City's Street Classification Map.

In order to develop 55th Avenue, an irrigation channel controlled by the U.S. Bureau of
Reclamation will need to be relocated to an area outside of the future right of way
(ROW). The relocation of an irrigation channel controlled by the federal government
may take an excessive amount of time and is not within the City's control. In order to
construct the new industrial development in a timely fashion, through a development
agreement (DA), the Developer will construct the required infrastructure improvements
as private improvements, but will meet all the City's public infrastructure standards.


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Upon completion of the infrastructure construction, relocation of the irrigation channel
outside of the ROW, the City's approval of the infrastructure improvements, and the
dedication of the infrastructure improvements to the City, the required infrastructure
improvements may be accepted by the City as public infrastructure improvements in
the future. Terms of the DA are as follows:
· Developer will construct a new street alignment along 55th Avenue, from Van Buren
Street to Roosevelt Street, to the City's reasonable satisfaction, at the Developer's
sole, up-front cost and expense;
· Although 55th Avenue will initially be a private street, Developer agrees to construct
the street in accordance with the City's public street standards including water and
wastewater infrastructure;
· City staff will review and inspect all infrastructure improvements with the
understanding that 55th Avenue, including water and sewer mains along the
alignment, may ultimately become public infrastructure;
· Developer shall work with the federal government, Salt River Project (SRP) and the
City (collectively, the "Parties") to relocate the irrigation channel along this future
55th Avenue alignment to an area that is outside ROW and/or is acceptable to the
Parties;
· Upon relocation of the irrigation channel to its approved location and the final Plat
for the Site is accepted and approved by the City, and all infrastructure
improvements relating to 55th Avenue are constructed and approved by the City,
the Developer may request in writing that the City accept dedication of 55th Avenue
as a public street;
· Transfer of the new 55th Avenue alignment to the City shall be completed solely by
the Developer;
· Should the City accept dedication of the new 55th Avenue alignment after it is
completed, the City will be responsible for all future repairs and maintenance
according to City Standards, as with other public streets; and
· The DA, and any other agreements as necessary, will include other terms and
conditions as deemed necessary by the City.

This Project is an important economic development opportunity for Phoenix and will
create several thousand new jobs over time for the community, yielding significant
financial and public benefits to the City of Phoenix.

Contract Term
If approved, all public infrastructure improvements, and dedication of such
improvements to the City, must be completed within 10 years.




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Financial Impact
There is no immediate financial impact to the City. If the public infrastructure
improvements are transferred to the City, they will be maintained by the City according
to City standards.

Location
Southeast of Interstate 10 and the Loop 202 South Mountain Freeway.
Council District: 7

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




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Amend Redevelopment and Purchase Agreement with 3DC Partners, LLC
(Ordinance S-47656)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 149707 with 3DC Partners, LLC to extend the Construction
Commencement Date for one additional year, to June 3, 2022. There is no expense
impact as a result of this action.

Summary
In April 2019, a Redevelopment and Purchase Agreement (RPA), City Agreement
149707, was entered into with the 3DC Partners, LLC (Developer) for the sale and
development of approximately 26,000 square feet of City-owned land located on the
southeast corner of Central Avenue and Adams Street at 30 N. 1st St. (Site) as
authorized by Ordinance S-44791. The RPA was amended on June 3, 2020 by the
First Amendment to the RPA, Agreement 149707-1 (First Amendment), which
extended the Commence Construction Date to June 3, 2021, updated the project
description and modified the parking requirements.

The Developer intends to construct a mixed-use tower consisting of a boutique hotel
with approximately 220 hotel rooms including 20 hospitality suites, approximately
50,000 gross-square-feet of commercial office space and ground floor retail. In
addition, Developer will make improvements to Adams Street consistent with the City's
Adams Street Activation Study. Collectively these improvements are referred to as the
"Project."

The RPA included typical performance benchmarks such as commencement of
construction and completion of construction. The Developer is nearing completion of
the design and permitting of the Project and has spent significant funds toward the
redevelopment of the Site. However, the hotel and office markets have been especially
impacted by the pandemic and the financing process for the construction of the Project
has taken longer than expected. As a result, Developer has requested to extend the
Commence Construction Date by one additional year.

If approved, this amendment will modify Section 401.3 of the RPA to change the
Commence Construction Date to June 3, 2022. All other terms and conditions of the


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RPA shall remain in full force and effect.

Financial Impact
There is no expense impact as a result of this action.

Concurrence/Previous Council Action
The City Council approved Agreement 149707 (Ordinance S-44791) on June 20, 2018.

Location
30 N. 1st St.
Council District: 7

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




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Phoenix Convention Center Service Provider Relief - Consideration of Contract
Term Extensions (Ordinance S-47596)

Request to authorize the City Manager, or his designee, to amend multiple Phoenix
Convention Center (PCC) service provider agreements to extend the term of the
contracts for two additional years, to help offset business and financial impacts of the
Coronavirus pandemic.

Summary
The hospitality industry continues to struggle amidst the challenging circumstances of
the global Coronavirus pandemic. In early 2020, the spread of COVID-19 began to
directly impact the convention and meetings industry. Meeting planners and national
associations began cancelling conventions and trade shows out of an abundance of
caution. In early March 2020, the World Health Organization declared the Coronavirus
outbreak a global health pandemic. This was followed by similar declarations from
federal, state, and local government agencies as well as public health agencies
including the Centers for Disease Control and the Arizona Department of Health
Services. Additionally, the Governor's office has issued COVID-19 Executive Orders
establishing guidance and criteria for hosting events. The declarations and guidance
referenced above have resulted in cancellations and postponements of all large
gatherings including conventions, meetings, and public events.

The Coronavirus pandemic has impacted the entire visitor and hospitality industry
which includes convention centers, hotels, performing arts venues, stadiums and
arenas.

At the time of the outbreak the PCC was on pace to host a record number of citywide
convention groups in 2020. Since that time, a total of 247 events at the PCC have
cancelled or postponed including 79 citywide conventions contracted for future years.
The event cancellations equate to a loss of more than 290,000 convention attendees,
342,000 hotel room nights and $448 million in direct visitor spending. While the overall
economy has begun to recover from the pandemic, the meetings and hospitality
industry remains largely stalled and faces a longer road to full recovery.




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The loss of convention business has significantly impacted top-line revenues for the
PCC as well as the service contractors who provide exclusive services to convention
center clients. These contractors provide critical and integral services as a part of our
business, acting as an extension of the PCC in hosting conventions and trade shows.
In Fiscal Year 2018-19, these service provider agreements generated $12.7 million in
commissions to the PCC.

A majority of the service provider contracts require significant capital investments into
the Phoenix Convention Center venues. The investments generally include furniture,
fixtures, equipment and building infrastructure. The return on these investments would
typically be achieved over the term of the contracts.

In order to offset the loss of business and allow additional time to realize a return on
investment, staff recommends extending the contract term for five PCC revenue
generating service provider agreements for two additional years as outlined in
Attachment A.

Financial Impact
Extending the contract term(s) for the service providers listed in Attachment A for two
additional years would result in no additional cost to the Phoenix Convention Center,
however it would defer the future solicitation and implementation of new contracts.

Concurrence/Previous Council Action
The Workforce and Economic Development Subcommittee recommended approval of
this item by unanimous vote at its April 28, 2021 meeting.

Location
Phoenix Convention Center, 100 N. 3rd St.
Council Districts: 7 and 8

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Phoenix
Convention Center Department.




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Attachment A

Phoenix Convention Center Department Service Provider Contracts

Contractor Service Contract No. Current
Expiration Date
Aramark Corporation Food and 148167 12/23/2033
dba Aventura Catering Beverage
Smart City Networks Event 134084 6/30/2022
Communication
Services
Commonwealth Event Utility 150539 9/30/2024
Electric Services
AV Concepts Event AV 147500 6/30/2023
Services,
Equipment, and
Rigging
Contemporary Event Security 143908 11/1/2021
Services Corp.




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(CONTINUED FROM MAY 19, 2021) - Amendment to Phoenix Fire Code and
Modification of Fire Prevention Fee Schedule (Ordinance G-6854)

Request City Council authorization to adopt an ordinance making amendments to the
Phoenix Fire Code and modifications to the Phoenix Fire Prevention Fee Schedule,
Phoenix City Code, Chapter 15, Appendix A.

Summary
The 2018 International Fire Code with Phoenix amendments was adopted by the
Phoenix City Council on March 4, 2020 and codified on April 4, 2020. As with any large
code that is actively utilized by the community, clarifications, adjustments and
amendments are often implemented to ensure the code language is clear,
understandable, concise, and provides consistent outcomes for renewable energy
contractors, fire protection contractors, construction contractors, radio
communications, the high-rise community, developers, and other industry groups. The
clarifications, adjustments, and amendments that have been identified in the Phoenix
Fire Prevention Fee Schedule are intended to provide clarified language to meet our
residents, businesses, and development community’s needs in order to provide
consistent outcomes of fire code interpretation. This action will ensure the City of
Phoenix is utilizing a progressive code that reflects the current evolution of building
materials, technologies, and industry practice to provide safety and reduce the cost of
construction and compliance.

The Fire Safety Advisory Board (FSAB) has reviewed the attached amendments to the
Phoenix Fire Code and modifications to the Phoenix Fire Prevention Fee Schedule
and has approved the changes in a public meeting.

The full details of the proposed amendments to the Fire Code are provided in the
attachment, “Proposed Clarifications, Adjustment, and Amendments to the City of
Phoenix 2018 Fire Prevention Code” and proposed modifications to the Fee Schedule
are provided in the attachment, "Proposed Adjustment to the City of Phoenix Fire
Prevention Fee Schedule."

On March 16, 2021, pursuant to Arizona Revised Statutes section 9-499.15, the City of
Phoenix provided notice to the public of proposed adoptions of, or changes to,


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municipal taxes or fees. Specifically, the Phoenix Fire Department posted notice of its
intent to standardize and alter fees charged for Fire Prevention permits and associated
activities. These fees cover administrative, educational, investigative and inspection-
related costs related to enforcement of the Phoenix Fire Code, Chapter 15 Revision on
March 4, 2020 by Ordinance G-6677, effective April 4, 2020. The Fee Schedule can be
viewed at .

The effective date of the Phoenix Fire Prevention Fee Schedule, Appendix A, if
adopted by Council, would be approximately 30 days following City Council Formal
approval.

Public Outreach
On March 16, 2021, pursuant to Arizona Revised Statutes section 9-499.15, the City of
Phoenix provided notice to the public of proposed adoptions of, or changes to,
municipal taxes or fees.

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




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Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021

Code Change Categories

ERRC (Emergency Two-Way Agro, Wood Chip, Photovoltaic/Solar Chapter 80 NFPA
Radio Coverage Hardwired Fire and Mulch and Energy Standards
Systems) Communications Facilities Storage Systems


1. Section 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal
510.4.1.2 strength shall be sufficient to provide usable voice communications throughout the
coverage area as specified by the fire code official. The outbound signal level shall be
sufficient to provide not less than a DAQ of 3.0 or an equivalent SINR applicable to the
technology for either analog or digital signals. A Bit Error Rate (BER) of 2.6%. is
equivalent to a DAQ 3.0 and is acceptable to meet this equivalency.

Reason: Current fire code requires system acceptance testing meet a minimum of 3.0 on the DAQ scale.
The Regional Wireless Cooperative (RWC) recommends any emergency responder radio coverage
system (ERRCS) on their network meet a Bit Error Rate (BER) of 2.6% as a more effective alternative
acceptable method of measurement. A BER of 2.6% is equal to a DAQ 3.0 as noted in a National
Telecommunications and Information Administration (NTIA) report 99-358, Delivered Audio Quality
Measurements on Project 25 Land Mobile Radios. This report was created by the U.S. Department of
Commerce. By adopting the ERRCS testing of BER 2.6%, this action will help standardize all in-building
treatments throughout the City of Phoenix. BER is measurable data and can be provided by the vendor
on their testing result grid reports.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.

2. Section 508.1.6.2 Fire Department Communications System. Two way hard wired
508.1.6.2 communication system is required in high rise buildings

Reason: Two way hard wired communication system is required in high rise buildings to augment the
VHF radio system used by the Phoenix Fire Department on hazard scenes such as fires, hazmat incidents
and environmental hazards. Base International Fire Code language assumes that in building emergency
VHF radio coverage is provided for fire fighter use and removed this wired system requirement.
Technological limitations do not allow for this proper coverage currently. Therefore, wire
communications are still required for fire fighter safety during high rise fire incidents.

Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.



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Updated 3/8/2021


3. Section 907.2.12.2 Fire department communication system.
907.2.12.2 Two way hard wired fire department communication system is required in high-rise
buildings. In other buildings Wwhere a wired communication system is approved in lieu
of an emergency responder radio coverage system in accordance with Section 510, the
wired fire department communication system shall be designed and installed in
accordance with NFPA 72 and shall operate between a fire command center complying
with Section 508, elevators, elevator lobbies, emergency and standby power rooms,
fire pump rooms, areas of refuge and inside interior exit stairways. The fire department
communication device shall be provided at each floor level within the interior exit
stairway.

Reason: Two way hard wired communication system is required in high rise buildings to augment the
VHF radio system used by the Phoenix Fire Department on hazard scenes such as fires, hazmat incidents
and environmental hazards. Base International Fire Code language assumes that in building emergency
VHF radio coverage is provided for fire fighter use and removed this wired system requirement.
Technological limitations do not allow for this proper coverage currently.

Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.

4. Section 914.3.5 914.3.5 Emergency voice/alarm communication system. An emergency voice/alarm
communication system shall be provided in accordance with Section 907.6.2.2. Two
way hard wired fire department communication system is required in high-rise
buildings.
Reason: Two way hard wired communication system is required in high rise buildings to augment the
VHF radio system used by the Phoenix Fire Department on hazard scenes such as fires, hazmat incidents
and environmental hazards. Base International Fire Code language assumes that in building emergency
VHF radio coverage is provided for fire fighter use and removed this wired system requirement.
Technological limitations do not allow for this proper coverage currently. Therefore, wire
communications are still required for fire fighter safety during high rise fire incidents.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.






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Updated 3/8/2021

5. Section 2808.7.3 Conveyor Systems Automatic sprinkler protection shall be provided in
2808.7.3 conveyor tunnels and combustible enclosures that pass under a pile. Combustible
conveyor systems and enclosed conveyor systems shall be equipped with an approved
automatic sprinkler system

Reason: Duplicate to section 2808.7
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.

6. Section 2808.7.4.3 Fire Hydrants. The fire code official may increase the distance required to a
2808.7.4 fire hydrant as set forth in Section 507 where the conditions of this section are
complied with. The omitting of an on-site hydrant or increased overall distance to the
nearest hydrants will be evaluated with the application for permit.

Reason: To correct numbering sequence after section 2808.7.3 is removal.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.

7. Section 2808.9 2808.9 Material-handling equipment. Approved material handling equipment shall be
available for moving wood chips, hogged material, wood fines and raw product during
fire-fighting operations. by contract to aid in the event of emergency for moving wood
chips and hogged material. Equipment available shall include:
1. Equipment to move stored material during a fire
2. Water trucks
3. Water pumps if using pond for any piece of water source

Reason: Allows customer to have a heavy equipment rental agreement rather than equipment on site at
all times.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.






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Updated 3/8/2021

8. Section 2808.6 2808.6.1 Internal temperature. If any location in a pile is found to have an internal
temperature of 160°F (71° C) immediate action must be taken to reduce the
temperature. If any location in a pile is found to have an internal temperature of 180º F
(82ºC) or greater, the following procedures must immediately be taken:
1. The area with the high temperature shall be dug out of the main pile. This
overheated material shall be pushed out in the designated push out area. The material
shall be no greater than 3ft. in depth in the push out area.
2. Water shall be stationed closely to the affected area, prior to digging out the
hotspot, to
immediately douse any flare ups that may occur when air is added to overheated area.
3. Continual temperature probing and removal of material greater than 180° F (82° C)
shall be conducted until all overheated material is separated into the push out area.
Reason: Clarification as to how a pile shall be monitored as currently required by Section 2808.6 Static
Pile Protection.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.

9. Section 2808.7.1 Delivery and tipping area. Not more than two designated tipping areas may
2808.7.1 be provided at a single facility and Delivery and tipping areas shall be shown on the
approved facility site plan. Tipping areas shall comply with the following:
1. Size. Tipping areas shall not exceed a maximum area of 50 feet by (15 240 mm) by 50
feet (15 240 mm).
2. Height. Material within a tipping area shall not exceed 5 feet (1524 mm) in height at
any time.
3. Separation. Tipping areas shall be separated from all piles and other tipping areas by
a fire access lane that is not less than 20 feet (6096 mm) wide.
4. Water system. A water system shall be available to wet down/ cool the raw product
in case of fire within the tipping area.
5. Duration. Raw product shall be kept in tipping area long enough to ensure no load
was delivered that is already over heated. Raw product shall be
less than 160° F before mixing with main pile.
Reason: Limit of “not more than two” was an error in the original language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.






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Updated 3/8/2021

10. Section 202 TIPPING AREA. An area within an solid waste management facility or recycling agro-
industrial, solid biomass facility for vehicles to unload new material. solid wastes or
recyclables.

Reason: Correct the language of a tipping area. Was not the intention
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.


11. Section 1204.2.1 Solar photovoltaic systems for Group R-3 buildings. Solar photovoltaic
1204.2.1 systems for Group R-3 buildings shall comply with Sections 1204.2.1.1 through
1204.2.1.3

Reason: As a result of continued dialog with the solar industry and other stakeholders, we are altering
the numbering sequence of this section to reflect additional solar code changes below

Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.


12. Section 1204.2.1.1 Roof access points. Roof access points shall be located in areas that do not
1204.2.1.1 require the placement of ground ladders over openings such as windows or doors and
located at strong points of building construction in locations where the access point
does not conflict with overhead obstructions such as tree limbs, wires, or signs.

1204.2.1.1 Pathways to ridge. Not fewer than two 36 inch- wide (914 mm) pathways
on separate roof planes, from lowest roof edge to ridge, shall be provided on all
buildings. Not fewer than one pathway shall be provided on the street or driveway side
of the roof. For each roof plane with a photovoltaic array, not fewer than one 36-inch-
wide (914 mm) pathway from lowest roof edge to ridge shall be provided on the same
roof plane as the photovoltaic array, on an adjacent roof plane or straddling the same
and adjacent roof planes.

Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.






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Updated 3/8/2021

13. Section 1204.2.1.2 Residential systems for one- and two- family dwellings. Access to
1204.2.1.2 residential systems for one- and two- family dwellings shall be provided in accordance
with Sections 1204.2.1.3 through 1204.2.1.6.

1204.2.1.2 Setbacks at ridge. For photovoltaic arrays occupying 33 percent or less of
the plan view total roof area, a setback of not less than 18 inches (457 mm) wide is
required on both sides of a horizontal ridge. For photovoltaic arrays occupying more
than 33 percent of the plan view total roof area, a setback of not less than 36 inches
(457 mm) wide is required on both sides of a horizontal ridge.


Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.

14. Section 1204.2.1.3 Residential buildings with hip roof layouts. Panels/modules installed on
1204.2.1.3 residential buildings with hip roof layouts shall be located in a manner that provides a
3- foot-wide (914 mm) clear access pathway from the eave to the ridge on each roof
slope where panels/modules are located. The access pathway shall be located at a
structurally strong location on the building capable of supporting the live load of fire
fighters accessing the roof.

1204.2.1.3 Alternative setbacks at ridge. Where an automatic sprinkler system is
installed within the dwelling in accordance with Section 903.3.1.3, setbacks at the ridge
shall conform to one of the following:
1. For photovoltaic arrays occupying 66 percent or less of the plan view total roof
area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a
horizontal ridge.
2.For photovoltaic arrays occupying more than 66 percent of the plan view total roof
area, a setback of not less than 36 inches (914 mm) wide is required on both sides of a
horizontal ridge.
Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.


Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.



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Updated 3/8/2021


15. Section 1204.2.1.4 Residential buildings with a single ridge. Panels/modules installed on
1204.2.1.4 residential buildings with a single ridge shall be located in a manner that provides two,
3-foot-wide (914 mm) access pathways from the eave to the ridge on each roof slope
where panels/modules are located.

Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.

Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.

16. Section 1204.2.1.5 Residential buildings with roof hips and valleys. Panels/modules installed
1204.2.1.5 on residential buildings with roof hips and valleys shall be located no closer than 18
inches (457 mm) to a hip or a valley where panels/modules are to be placed on both
sides of a hip or valley. Where panels are to be located on only one side of a hip or
valley that is of equal length, the panels shall be permitted to be placed directly
adjacent to the hip or valley.

Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.

Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.

17. Section 1204.2.1.6 Residential building smoke ventilation. Panels/modules installed on
1204.2.1.6 residential buildings shall be located no higher than 3 feet below the ridge in order to
allow for fire department smoke ventilation operations.

Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.

Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.






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Updated 3/8/2021

18. Chapter 80 NFPA 2 Hydrogen Technologies Code 2016 2020

NFPA 12 Standard on Carbon Dioxide Extinguishing Systems 2015 2018

NFPA 13 Standard for the Installation of Sprinkler Systems 2016 2019

NFPA 13D Standard for the Installation of Sprinkler Systems in One- and Two-Family
Dwellings and Manufactured Homes 2016 2019

NFPA 13R Standard for the Installation of Sprinkler Systems in Low-Rise Residential
Occupancies 2016 2019

NFPA 14 Standard for the Installation of Standpipe and Hose Systems 2014 2019

NFPA 16 Standard for the Installation of Foam-Water Sprinkler and Foam-Water
Spray Systems 2015 2019

NFPA 24 Standard for the Installation of Private Fire Service Mains and Their
Appurtenances 2016 2019


NFPA 30B Code for the Manufacture and Storage of Aerosol Products 2015 2019

NFPA 33 Standard for Spray Application Using Flammable or Combustible Materials
2016 2018

NFPA 34 Standard for Dipping, Coating and Printing Processes Using Flammable or
Combustible Liquids 2015 2018

NFPA 45 Standard on Fire Protection for Laboratories Using Chemicals 2015 2019

NFPA 52 Vehicular Natural Gas Fuel Systems Code 2016 2019

NFPA 55 Standard for storage, use and handling of compressed gases and cryogenic
Fluids in portable and stationary containers, cylinders and tanks 2016 2020





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Updated 3/8/2021

NFPA 61 Standard for the Prevention of Fires and Dust Explosions in Agricultural and
Food Processing Facilities 2017 2020

NFPA 69 Standard on Explosion Prevention Systems 2014 2019

NFPA 72 National Fire Alarm and Signaling Code 2016 2019

NFPA 86 Standard for Ovens and Furnaces 2015 2019

NFPA 92 Standard for Smoke Control Systems 2015 2018

NFPA 110 Standard for Emergency and Standby Power Systems 2016 2019

NFPA 111 Standard for Stored Electrical Energy Emergency and Standby Power
Systems 2016 2019

NFPA 160 Standard for the Use of Flame Effects Before an Audience2016 2021

NFPA 241 Standard for Safeguarding Construction, Alteration, and Demolition
Operations 2013 2019

NFPA 484 Standard for Combustible Metals 2015 2019

NFPA 652 The Fundamentals of Combustible Dust 2016 2019

NFPA 654 Standard for Prevention of Fire and Dust Explosions from the
Manufacturing, Processing and Handling of Combustible Particulate Solids 2017 2020

NFPA 664 Standard for the Prevention of Fires and Explosions in Wood Processing
and Woodworking Facilities 2017 2020

NFPA 853 Installation of Stationary Fuel Cell Power Systems 2015 2020

NFPA 914 Code for Fire Protection of Historic Structures 2015 2019






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Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
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Updated 3/8/2021

NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience 2016

NFPA 2001 Standard on Clean Agent Fire Extinguishing Systems 2015 2018


Reason: Updating current fire code adopted NFPA Standards to currently published editions. Allows use
of latest testing, technology and code developments. Improves cross reference compatibility of codes.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.


End of Changes






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Updated 3/4/2021




1. Fire Prevention Battery systems, electrical energy storage systems to include lithium ion battery systems,
Fee Schedule OTC. To install electrical energy storage systems regulated by Section 1206.4 with a capacity
of more than 3 kWh to 20 27 kWh in an R-3 or R-4 occupancy.
Permit……………….......................... 2.0 hrs
Reason: The original intent of this over the counter (OTC) permit was to allow two battery storage units in a
R-3 occupancy and not require a full plan review. At the time of code adoption, the most predominant battery
on the market that the Phoenix Fire Department’s Fire Prevention Section permitted was 9.8 kWh per unit.
Therefore, 20 kWh would allow two battery units. Industry standards have moved to batteries that contain
13.5 kWh energy storage per unit. This change will allow two units to be permitted by the OTC process. This
action does not change the Phoenix Fire Code’s requirements or regulations set forth for the installation for
such batteries. This adoption would result in a reduction of the customers permit fee and reduced permit
processing time for systems submitted to the Phoenix Fire Department’s Fire Prevention Section between 20-
27 kWh.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.

2. Fire Prevention Solar photovoltaic power systems, OTC. To install or modify install a residential solar
Fee Schedule photovoltaic power system with an alternating current nameplate rating of 3 kW to 12 15
kW in an R-3 or R-4 occupancy or the installation of a residential solar photovoltaic system
for a water heater with a system size of 30kWth (462 square feet (49.9 M2 ) of collector) or
less in an R-3 or R-4 occupancy. Permit .................................................... 2.0 hrs

Reason: At time of this fee creation and adoption, the average solar system submitted to the Phoenix Fire
Department’s Fire Prevention Section was under 12 kW. This OTC allowed a faster permitting process for the
systems and required plan reviews for system larger than 12 kW. With the growth and adoption of solar we
now see systems on average up to 15 kW. By changing the OTC threshold to 15 kW from 12 kW, we still meet
the requirements for the Phoenix Fire Code and assist our community in quicker permit processing times to
aid our development community and residents. This action does not change the Phoenix Fire Code’s
requirements or regulations set forth for the installation for such solar systems. This adoption would result in
a reduction of the customers permit fee and reduced permit processing time for systems submitted to the
Phoenix Fire Department’s Fire Prevention Section between 12-15 kW.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.






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Updated 3/4/2021

3. Fire Prevention Solar photovoltaic power systems. To install or modify install a residential solar photovoltaic
Fee Schedule power system with an alternating current nameplate rating in greater than 12 15 kW.

Residential Plan Review .................................... 2.0 hrs
Inspection ...................... 1.0 hrs

Commercial Plan Review................................... 2.5 hrs
Inspection ....................... 1.5 hrs

Reason: At time of this fee creation and adoption, the average solar system submitted to the Phoenix Fire
Department’s Fire Prevention Section was under 12 kW. With the growth and adoption of solar we now see
systems on average up to 15 kW. By changing the plan review threshold to 15 kW from 12 kW, we still meet
the requirements for the Phoenix Fire Code and assist our community in quicker permit processing times to
aid our development community and residents. This action does not change the Phoenix Fire Code’s
requirements or regulations set forth for the installation for such solar systems. This adoption would result in
a reduction of the customers permit fee and reduced permit processing time for systems submitted to the
Phoenix Fire Department’s Fire Prevention Section between 12-15 kW.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.






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Item text
Authorization to Enter into Affiliated Personnel Agreements for Arizona Task
Force One (Ordinance S-47654)

Request authorization for the City Manager, or his designee, to enter into agreements
with Fred Nelson, David Troxell, Dan Hogan, and Dennis Wipf to serve as Affiliated
Personnel of the Arizona Task Force One (AZ-TF1). Affiliated Personnel will be
reimbursed through Federal Emergency Management Agency (FEMA) funds. Further
request authorization for the City Controller to disburse all funds related to this item.

Summary
The Phoenix Fire Department (PFD) is the sponsoring agency of AZ-TF1, one of 28
national Urban Search and Rescue response system task forces that can rapidly
deploy skilled personnel and state-of-the-art equipment to sites of natural disasters,
terrorist attacks, and building collapses.

AZ-TF1 consists of individuals occupying certain specified positions plus additional
support personnel, all of whom have been properly trained with the requisite skills and
capabilities required for urban search and rescue operations and/or deployment of the
AZ-TF1. As a requirement of the Urban Search and Rescue Readiness Cooperative
Agreement, PFD is charged with the recruitment and training of new task force
members to an operation-ready state of deployment.

Contract Term
The agreements shall be effective upon approval and execution and shall remain in
effect for a term of five years.

Financial Impact
Affiliated Personnel will be reimbursed through FEMA funds.

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




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Item text
Purchase of New and Replacement Fitness Equipment (Ordinance S-47653)

Request to authorize the City Manager, or his designee, to enter into a contract with
Team Marathon Fitness Inc. for a one-time purchase to provide the Phoenix Fire
Department with new and replacement fitness equipment in the amount not to exceed
$146,000. Further request authorization for the City Controller to disburse all funds
related to this item.

Summary
This purchase will allow the Phoenix Fire Department to continue to provide exercise
and conditioning equipment in fire stations and facility gym settings in support of the
health and wellness of the firefighters. Exercise and conditioning equipment is utilized
by the firefighters to meet and maintain National Fire Protection Association (NFPA)
standards and Occupational Safety and Health Administration (OSHA) requirements
as part of the medical and physical fitness condition levels needed to perform their
essential job tasks. This purchase will provide new additional fitness/conditioning
equipment of various sizes and types. Replacement equipment will be consistent in
model and specifications with existing aerobic fitness/conditioning equipment in fire
stations. In addition, funding for the replacement of irreparable aerobic
fitness/conditioning equipment, or equipment that has been identified as too costly to
repair, is available as part of the current Local-493 Memorandum of Understanding
and the Fire Department Health Center’s budget. There is a time restriction for this
purchase as the funding allocated for this purchase must be encumbered this fiscal
year.

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
a result of a Special Circumstance Without Competition Determination Memo citing
Team Marathon Fitness Inc. as the exclusive authorized distributor for the State of
Arizona of the Precor fitness equipment. A special Circumstance Without Competition
Determination Memo was completed and approved by the Deputy Finance Director
recommending the Procurement with Team Marathon Fitness Inc. be accepted.




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Contract Term
The contract term will begin on or about June 2, 2021 and end on or about June 1,
2022.

Financial Impact
Expenditures against this one-time contract shall not exceed the amount of $146,000.
Funds are available in the Fire Department's budget.

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




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Item text
Helicopter Pilot Training and Certification - RFP 17-011A (Ordinance S-47599)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 143815 with Delta Leasing, dba Quantum Helicopters, for
the purchase of helicopter pilot training and certification for the Police Department.
Further request authorization for the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $150,000.

Summary
This contract provides the Phoenix Police Department's Air Support Unit with
helicopter pilot training and certification, including flight instruction, pilot certification
and instrument rating. The flight training requirements meet all Federal Aviation
Administration (FAA) regulations Code of Federal Regulations (CFR) 14, Parts 141
and 61 for pilots, flight and ground instruction. Additional funds are needed due to new
pilots being trained to replace retiring staff.

Contract Term
The contract term is Nov. 1, 2016 through Oct. 31, 2021.

Financial Impact
Upon approval of $150,000 in additional funds, the revised aggregate value of the
contract will not exceed $800,000. Funds are available in the Police Department’s
budget.

Concurrence/Previous Council Action
This item was originally approved by Council on Oct. 19, 2016.

Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Police
Department.




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Item text
Forensic DNA Analysis Software, Maintenance and Technical Support -
Requirements Contract - EXC 21-032 (Ordinance S-47623)

Request to authorize the City Manager, or his designee, to enter into a contract with
NicheVision Forensics, LLC to provide deoxyribonucleic acid (DNA), analysis software
upgrades, maintenance and technical support to the Police Department's Laboratory
Services Bureau. Further request authorization for the City Controller to disburse all
funds related to this item. The aggregate contract value will not exceed $549,205.

Summary
The Police Department's Laboratory Services Bureau currently utilizes ArmedXpert
and STRmix DNA analysis software, provided by NicheVision Forensics, LLC. This
specialized software, software upgrades, maintenance and technical support is
necessary for the Laboratory Services Bureau to perform proper DNA analysis. The
two software systems are used in conjunction for quality control and ease of importing
data into the Combined DNA Index System (CODIS). The software calculates statistics
to support the conclusions which are required per federal standards as set by Quality
Assurance Standards for Forensic DNA Testing Laboratories and is accepted as
validated testimony in court. The added software, upgrades, maintenance and
technical support will afford updates as new research methods become available and
will increase the efficiency of the Laboratory Services Bureau.

Additionally, request the City Council to grant an exception to Phoenix City Code
Section 42-18 to authorize inclusion of indemnification and assumption of liability
provisions that otherwise would not be allowed.

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

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
a result of an approved Determination Memo which stated NicheVision Forensics, LLC
is the exclusive distributor and provider of Armed Xpert and STRmix DNA software,
upgrades, maintenance and technical support in the United States. This DNA software
is recommended on a national level for DNA analysis, including the President's Council


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Advisors on Science and Technology on Forensic Science.

The Deputy Finance Director recommends that the contract with NicheVision
Forensics, LLC be accepted.

Contract Term
The five-year contract term will begin on or about June 2, 2021.

Financial Impact
The aggregate contract value will not exceed $549,205 and funds are available in the
Police Department's budget.

Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Police
Department.




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Item text
Fleet Vehicle Accessories and Installation Services - Amendments (Ordinance S-
47632)

Request to authorize the City Manager, or his designee, to amend Agreements: (1) No.
148571 with Hyper Customs, LLC dba Arizona Truck Pros; (2) No. 148573 with Drake
Equipment of AZ, Inc.; (3) No. 148574 with Creative Communications; (4) No. 148575
with Kenco OR, LLC dba LSH Lights; (5) No. 148576 with Pride Group, LLC dba Pride
Outfitting; (6) No. 148577 with Don Chalmers Ford dba MHQ of Arizona; (7) No.
148578 with Arizona Emergency Products, Inc.; and (8) No. 148579 with Jar Capital
Group dba Quality Vans and Specialty Vehicles, collectively referred to as the
"Agreements," to include the Aviation Department to provide the fleet vehicle
accessories and installation services required for vehicle up-fitting for Aviation
Department fleet on an as-needed basis. Further request to authorize the City
Controller to disburse all funds related to this item. The additional expenditures for
services included in these amendments will not exceed $162,500.

Summary
The Agreements were originally awarded to the Public Works Department. The
Aviation Department requests to be added as one of the users under the Agreements.
The Aviation Department is responsible for maintaining a fleet of 480 vehicles. The
Agreements will provide the ability to purchase parts, accessories, and installation
services to up-fit vehicles and equipment with auxiliary lighting, toolboxes, lift gates,
and other operational equipment that are unique to meet the Aviation Department's
operational needs.

Contract Term
The terms of the Agreements began on Oct. 1, 2018 and have two one-year options to
extend the terms for five-year aggregate terms. The Agreements’ terms will remain
unchanged by the amendments.

Financial Impact
The initial authorization for Fleet Vehicle Accessories and Installation Services
Agreements were for an expenditure not-to-exceed $15 million. The amendments will
increase the authorization for the Agreements by an additional $162,500 for the
Aviation Department for a new total not-to-exceed Agreements value of $15,162,500.


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Funding is available in the Aviation Department’s budget.

Concurrence/Previous Council Action
The City Council approved Fleet Vehicle Accessories and Installation Services
Agreements Nos. 148571 and 148573 to 148579 (Ordinance S-45025) on Oct. 3,
2018.

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




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Item text
Solid Waste and Recycling Collection and Transport Equipment with Related
Equipment, Supplies and Accessories - Requirements Agreement - COOP 20-053
(Ordinance S-47593)

Request to authorize the City Manager, or his designee, to enter into a cooperative
participating agreement with Anco Sanitation Systems, Inc., the authorized local
vendor for Marathon Equipment Company, to purchase solid waste and recycling
collection and transport equipment with related equipment, supplies, and accessories
for the Aviation Department. Further request to authorize the City Controller to
disburse all funds related to this item. The aggregate agreement value will not exceed
$300,000.

Summary
The Aviation Department has 23 trash compactors and one baler located throughout
Phoenix Sky Harbor International Airport. The majority of these compactors are
between five to 10 years old and are in need of replacement. In addition, new balers
will be needed for all loading docks throughout the airport campus. The new balers will
assist in keeping the Aviation Department’s recycle diversion rate above the City’s goal
of 40 percent. This agreement will give the Aviation Department the ability to purchase
new and replacement trash compactors and balers on an as-needed basis and assist
with the Department’s waste removal and recycling needs.

Marathon Equipment Company is the leading manufacturer and installer of waste
handling and recycling equipment and provides one of the largest selections of trash
compactors and vertical balers through its local dealer/distributor Anco Sanitation
Systems, Inc.

The use of this cooperative agreement will provide the City national discounts on these
products. Additionally, review of pricing and availability from registered small and local
businesses indicates that this cooperative agreement offers the best value to the City.

Upon City Council approval of this item, a purchasing agreement(s) incorporating the
City’s terms and conditions will be fully executed between the referenced vendor(s)
and the City.



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Procurement Information
In accordance with Administrative Regulation 3.10, a participating agreement is
required when the City uses a cooperative agreement from another public agency. The
agreement was awarded through competitive processes consistent with the City's
procurement processes, as set forth in the Phoenix City Code, Chapter 43.

A cooperative agreement was established by Sourcewell under solicitation number
041217-MEC. Agreement 041217-MEC between Marathon Equipment Company and
Sourcewell includes terms that allow the City to enter into a linking agreement directly
with the local dealer/distributor. Marathon Equipment Company directed the City to
contract directly with Anco Sanitation Systems, Inc. to receive the pricing found in
Agreement 041217-MEC. Anco Sanitation Systems, Inc. has agreed to be bound by
the City’s terms and conditions and the terms of Agreement 041217-MEC.

The Deputy Finance Director recommends that the cooperative participating
agreement with Anco Sanitation Systems, Inc. be accepted.

Contract Term
The five-year agreement term will begin on or about May 19, 2021.

Financial Impact
The aggregate agreement value will not exceed $300,000. Funding is available in the
Aviation Department’s budget.

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




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Item text
Street Furniture and Bus Advertising Services Procurement - Request to Issue
Revenue Contract Solicitation

Request to authorize the City Manager, or his designee, to issue a Revenue Contract
Solicitation for the procurement of transit vehicle advertising and transit street furniture
advertising services.

Summary
The Transit Street Furniture and Transit Vehicle (Bus) Advertising programs are
revenue-generating programs for the City. The purpose of these programs is to
generate revenue for the City to then enhance the various passenger services it
provides as components of the regional public transit system. This solicitation will
replace existing advertising agreements which will expire on Dec. 13, 2021.

The evaluation criteria for the Revenue Contract Solicitation (RCS) will be based on a
1,000-point schedule as listed below:
· Method of Approach (450 points)
· Price Proposal (350 points)
· Qualifications and Experience (200 points)

This solicitation may result in one or more contracts with vendor(s), as proposers have
the ability to submit for one, or both, advertising programs (furniture and bus).

Financial Impact
This is a revenue-generating contract. Contractors will be responsible for all costs
associated with installation, maintenance, and restoration of advertising spaces
pertaining to bus and/or transit furniture. The RCS and resultant contract(s) provide
that the City will be paid the percentage of net sales revenue submitted in the bids, or
a minimum annual guarantee, whichever is greater.

The most recent data shows that revenue under the current contracts has resulted in
annual amounts of approximately $1.95 million and $1.4 million remitted to the city for
transit furniture and bus advertising, respectively.




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




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Issue Request for Proposals for Paratransit Services (Phoenix Dial-a-Ride)

Request to authorize the City Manager, or his designee, to issue a Request for
Proposals for Paratransit Services (Phoenix Dial-a-Ride).

Summary
The City of Phoenix provides shared-ride Dial-a-Ride service for individuals who,
because of a disability, cannot access or navigate local bus or light rail services. This
origin-to-destination service is mandated by the federal government as required with
the enactment of the Americans with Disabilities Act (ADA) of 1990. Commonly known
as "paratransit service,” Phoenix Dial-a-Ride acts as a safety net for individuals with
disabilities and affords them the same level of transit service as other passengers,
operating during the same hours and covering the same areas as bus and light rail
services. While the ADA requires the provision of paratransit services only within a
three-quarter mile buffer around local bus routes and light rail stations, Phoenix Dial-a-
Ride operates within the entirety of Phoenix's incorporated city limits south of Jomax
Road.

In May 2016 the Phoenix City Council approved an agreement for the operation of
Phoenix Dial-a-Ride Services. The current agreement expires June 30, 2022 and a
new agreement is needed to ensure the continuity of this federally mandated service.
Once the solicitation process is complete, staff will return to City Council for approval
to enter into an agreement with the successful proposer.

Procurement Information
The Request for Proposals (RFP) will contain evaluation criteria and processes, as
well as a transparency in lobbying clause. The RFP evaluation criteria will include the
following:
· Cost - 0-400 points;
· Qualifications, experience and past performance - 0-250 points;
· Method of approach and transition plan - 0-200 points; and
· Proposed organizational structure and personnel - 0-150 points.

A tentative procurement schedule is shown below:
· October 2021 - RFP released.


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· October 2021 - Proposals due.
· November 2021 - Panel evaluations.
· November 2021 - Best and final offers due.
· January 2022 - Award recommendation.
· July 1, 2022 - Agreement start date.

The resulting agreement term will be a five-year period, with one, two-year option to
extend. The two-year extension option will be exercised only if it is in the City’s best
interest to do so and the proposed contractor has performed satisfactorily during the
five-year base period. The agreement is expected to commence on July 1, 2022.

Financial Impact
The current agreement has an estimated value of $99,812,000 and will be funded
through regional Public Transportation funds.

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




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Building Property Management Services Agreement for Public Transit
Department Office Building (Ordinance S-47650)

Request to authorize the City Manager, or his designee, to execute an amendment to
Property Management Services Agreement 139423 with Lincoln Property Company to
extend the agreement for a period of one year, from July 1, 2021 through June 30,
2022. Further request to authorize the City Controller to disburse all funds related to
this item. The additional expenditures for services included in this amendment will not
to exceed $400,000.

Summary
In September 2014, the City awarded Agreement 139423 to Lincoln Property
Company for the management of the City's owned building located at 302 N. First Ave.
in downtown Phoenix, which serves as the primary offices of the Public Transit
Department (PTD), as well as the offices of the building’s tenants, the Maricopa
Association of Governments (MAG) and the Community and Economic Development
Department's Business and Workforce Development Center. The initial agreement was
authorized for a five-year term at a total cost of $7.5 million for the services, which
included administrative functions; general building maintenance; interior and exterior
repairs; preparation of the annual operating budget with related financial accounting
services, record keeping, and reports; and management of below-ground parking
levels and associated functions.

Since the conclusion of the initial agreement in 2019, PTD has twice issued RFPs for
property management services in accordance with Phoenix’s Administrative
Regulation 3.10. In December 2019, an RFP for property management services of the
PTD’s downtown headquarters resulted in just one submission, and due to this lack of
adequate marketplace competition, the evaluation panel determined it was in the City's
best interest to cancel the solicitation and reissue the RFP when other City-owned
property management opportunities could be included to generate more commercial
interest.

In June 2020, City Council approved an agreement amendment (Ordinance S-46745)
to extend Lincoln Property Company as the ongoing Property Manager of the PTD
downtown office building for one year until June 30, 2021.


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In January 2021, an RFP was issued for property management services of PTD's
downtown headquarters and the City-owned Village Shopping Center at 19th and
Dunlap avenues. That solicitation was cancelled on April 2 after the only two bidders
were disqualified due to being found non-responsive and non-responsible.

This amendment will provide another one-year extension which will enable staff to
identify additional contract management efficiencies and issue a new RFP for
standalone property management services in a future solicitation that would generate
commercial interest and ensure marketplace competition. This further extension will be
for a one-year period from July 1, 2021 to June 30, 2022.

Contract Term
This amendment will extend the end date of the agreement term from June 30, 2021 to
June 30, 2022.

Financial Impact
The total cost related to this item will not exceed $400,000 over one year. Funding is
available in the Public Transit Operating budget.

Concurrence/Previous Council Action
The City Council approved:
· Property Management Services Agreement 139423 (Ordinance S-41137) on Aug.
27, 2014;
· Property Management Services Agreement 139423 - Amendment (Ordinance S-
45608) on May 1, 2019; and
· Property Management Services Agreement 139423 - Amendment (Ordinance S-
46745) on June 17, 2020.

Location
302 N. First Ave.
Council District: 7

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




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Enter into Agreement with RPTA to Receive Public Transportation Funds
(Ordinance S-47651)

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement with the Regional Public Transportation Authority to
receive regional Public Transportation Funds. Further request to authorize the City
Treasurer to receive all funds related to this item. The City will receive approximately
$26,375,400 in funds from this agreement.

Summary
The purpose of this Intergovernmental Agreement (IGA) is to provide regional Public
Transportation Fund (PTF) funding as the local match to federal funding for various
capital projects programmed in the Transit Life Cycle Program of the Regional
Transportation Plan through Dec. 31, 2025. The Regional Public Transportation
Authority (RPTA) administers PTF funding and is charged with distributing these funds
to Phoenix for management and implementation of the capital projects.

Financial Impact
No Phoenix funds are involved in the performance of this IGA. RPTA will disburse the
funding to reimburse Phoenix for its non-federal share of the following:
· $22,913,200 - Purchase of local fixed route buses;
· $334,400 - Purchase of neighborhood circulator vehicles;
· $1,891,400 - Purchase of paratransit (Dial-a-Ride) vehicles; and
· $1,236,400 - Design and construction of a future park-and-ride facility.

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




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Rental Services for Trench Safety Equipment - Amendment (Ordinance S-47606)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 151420 with United Rentals (North America), Inc. to provide additional
funding to the agreement for use by the Public Works Department. Further request to
authorize the City Controller to disburse all funds related to this item. The additional
fee for services included in this amendment will not exceed $108,000.

Summary
Additional funding is needed to include the Public Works Department as an authorized
user of this agreement. The Water Services Department is currently the owner of this
agreement. The purpose is for the inspections and maintenance team to perform
maintenance and repairs on landfill infrastructure throughout the City. Repairs and
maintenance are typically performed in trenches and are under safety regulations that
require safety equipment to be installed to prevent work site hazards.

Contract Term
The existing agreement term is Feb. 29, 2020 through Feb. 28, 2025 and will remain
unchanged.

Financial Impact
The initial authorization for Rental Services for Trench Safety Equipment was for an
expenditure not-to-exceed $550,000. This amendment will increase the authorization
for the agreement by an additional $108,000, for a new total not-to-exceed agreement
value of $658,000.

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

Concurrence/Previous Council Action
The City Council approved Agreement 151420 (Ordinance S-46234) on Dec. 18, 2019.

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



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Intergovernmental Agreement with Maricopa County Animal Care and Control
Services for FY2021-22 (Ordinance S-47615)

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement with Maricopa County Animal Care and Control Services
to serve as the City of Phoenix’s enforcement agent for the animal control provisions of
the Phoenix City Code from July 1, 2021, through June 30, 2022. Further request to
authorize the City Controller to disburse all funds related to this item.

Summary
Maricopa County Animal Care and Control Services (MCACCS) acts as the City’s
enforcement agent for the animal control provisions of the City Code, including bite
animal at large, animal on property while school in session, animal bite investigations,
vicious animal petitions, and similar enforcement actions. In addition, MCACCS
provides community-requested neighborhood sweeps, and attends community events
to educate residents about the City’s animal control laws.

Contract Term
The term of this agreement is July 1, 2021, through June 30, 2022, with two option
years to be exercised in increments of up to one year, for a total agreement option
term of three years.

Financial Impact
The costs shall not exceed $2,866,986. Funding is available in the Public Works
Department's budget.

Location
Enforcement of the animal control provisions of the Phoenix City Code are provided
Citywide.

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




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Home Pick-Up Household Hazardous Waste Collection Service - Requirements
Agreement (Ordinance S-47622)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Kary Environmental Services, Inc. (KES) to continue providing home pick-up
Household Hazardous Waste (HHW) collection service to residents for a term of six
months, which will include an option to extend for an additional six months. Further
request to authorize the City Controller to disburse all funds related to this item. This
agreement will have an aggregate amount of $800,000.

Summary
This agreement will allow KES to continue performing at-home collection of HHW
materials for Phoenix residents. Due to the COVID-19 health pandemic and related
safety concerns, HHW collection events are postponed. Continuing to offer home
collection utilizing KES will ensure the materials are collected, stored and/or properly
disposed of and will ensure adherence to all applicable federal, state, and local laws.

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
the result of a determination memo, citing special circumstance, without competition.
KES is the only known vendor proving this type of collection in surrounding cities.

Contract Term
This agreement will be for six months beginning on July 1, 2021 through Dec. 31, 2021
with an option to extend the agreement through June 30, 2022.

Financial Impact
This agreement will not exceed $800,000 over the term. Funding is available in the
Public Works Department's budget.

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




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Americans with Disabilities Act Facility Assessments - Agreement Award
(Ordinance S-47638)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Life Quest Training and Consulting, LLC to provide consulting services to assist
the City in meeting the Americans with Disabilities Act requirements set forth by the
U.S. Department of Justice. This item will have an aggregate amount of $2.5 million.
Further request to authorize the City Controller to disburse all funds related to this
item.

Summary
The Public Works Department is responsible for ensuring that all City-owned facilities
are in compliance with Americans with Disabilities Act (ADA) standards. The U.S.
Department of Justice (DOJ) requires all government entities to ensure accessibility
compliance is provided for all facilities owned by that entity. The City owns more than
1,900 facilities that are required to be in compliance with ADA standards. These
assessments will identify deficiencies and will be used to develop an ADA transition
plan to address the accessibility deficiencies at all City-owned facilities.

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
the result of a determination memo citing unusual nature due to the DOJ's assessment
and transition plan requirements of all government entities.

Contract Term
The initial three-year contract term will begin on or about July 1, 2021, with two one-
year options to extend in increments of up to one year, for a total contract term of up to
five years.

Financial Impact
The aggregate value of the contract including all option years is $2.5 million including
all applicable taxes, with an estimated annual expenditure of $500,000. Funding is
available in the Public Works Department’s Capital Improvement Program budget.




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




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Intergovernmental Agreement with Arizona Department of Transportation for
Purchase and Installation of Intelligent Transportation System Equipment
Adjacent to Interstate 10 Broadway Curve Improvement Project (Ordinance S-
47603)

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement with the Arizona Department of Transportation for the
purchase and installation of Intelligent Transportation System equipment for the traffic
management of arterial corridors located within the City of Phoenix surrounding the
Interstate 10 Broadway Curve Improvement Project. Further request the City Council
to grant an 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. Further request to authorize the City
Treasurer to accept, and the City Controller to disburse, all funds related to this item.

Summary
The purpose of this Agreement is to allow the State to provide funding to the City for
the procurement and installation of Intelligent Transportation System (ITS) equipment
for the traffic management of arterial corridors surrounding the Interstate 10 (I-10)
Broadway Curve Improvement Project (Broadway Curve). The City will purchase and
install the equipment within one year of the execution of this Agreement and will be
reimbursed for costs incurred not to exceed $1,223,000.

The Broadway Curve project is planned to improve I-10 between the I-10/Interstate 17
(I-17) Split Traffic Interchange and the Congressman Ed Pastor Freeway (Loop 202-
South Mountain Freeway). The project will represent the region’s first urban freeway
reconstruction project with construction estimated to begin in early fall 2021.

In November 2019, the Maricopa Association of Governments (MAG) approved a
study to identify strategies to mitigate construction impacts. After one year of data
collection, analysis, infrastructure inventory, and coordination, a comprehensive
mitigation strategy was identified. In 2020, MAG launched a study to inventory and
analyze traffic signal systems at seven traffic interchanges and fifteen arterial corridors
surrounding the Broadway Curve. Technical staff from the Arizona Department of
Transportation (ADOT) and Phoenix collaborated with MAG throughout the study and


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provided detailed information about the traffic signal systems within the City. The
overall goal of the study was to assess the traffic management capabilities of the
corridors and identify achievable traffic signal system enhancements that could be
implemented prior to the start of the Broadway Curve project. Several vital ITS
elements were evaluated including detection, monitoring, preemption, intersection
capacity, and traffic signal controllers.

Enhancing the City arterial traffic signals within the area of the Broadway Curve will
help ease congestion during construction detours and closures.

Contract Term
The City will purchase and install the equipment within one year of the execution of
this Agreement and will be reimbursed for costs incurred not to exceed $1,223,000.

Financial Impact
The City will be reimbursed for costs not to exceed $1,223,000.

Location
Interstate 10, from the Congressman Ed Pastor Freeway (Loop 202-South Mountain
Freeway) and the I-10/I-17 Split Traffic Interchange.
Council Districts: 6 and 8

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




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Intergovernmental Agreement with City of Tempe for Installation of Fiber
Infrastructure Along Baseline Road from Congressman Ed Pastor Freeway
(Loop 202-South Mountain Freeway) to Interstate 10 (Ordinance S-47619)

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement between the City of Phoenix and the City of Tempe for
the installation of fiber infrastructure along Baseline Road from the Congressman Ed
Pastor Freeway (Loop 202 South Mountain Freeway) to Interstate 10. Further request
the City Council to grant an 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. There is no financial impact associated
with this Agreement.

Summary
The City of Phoenix intends to install fiber and conduit infrastructure along 13 miles of
Baseline Road located within the City of Phoenix and the City of Tempe from
Congressman Ed Pastor Freeway (Loop 202 South Mountain Freeway) to Interstate
10 (I-10). The project will connect to existing City of Phoenix and City of Tempe traffic
signals along the fiber route and will provide the City of Phoenix with a connection to
Arizona Department of Transportation fiber at both the Congressman Ed Pastor
Freeway and I-10.

Each of the traffic signals will connect to new fiber infrastructure while maintaining
existing operations and maintenance responsibilities over traffic signals. New City of
Phoenix fiber and conduit infrastructure installed along Baseline Road from the
Congressman Ed Pastor Freeway to I-10 will be owned and maintained by the City of
Phoenix. New City of Tempe fiber, conduit, and conduit sweeps into the Tempe traffic
signal infrastructure installed along Baseline Road from Calle Los Cerros Drive to its
traffic signal at I-10 will be owned and maintained by the City of Tempe.

Contract Term
Unless otherwise lawfully terminated by the Parties, the Agreement expires upon
completion and acceptance of the project and fulfillment of all terms of the Agreement.




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Financial Impact
There is no financial impact associated with this Agreement.

Location
Baseline Road from the Congressman Ed Pastor Freeway to Interstate 10.
Council Districts: 6, 7 and 8

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




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Salt River Project Agreement for Construction of Irrigation Facilities at 43rd
Avenue and McDowell Road - ST85100410 (Ordinance S-47618)

Request to authorize the City Manager, or his designee, to enter into an Agreement for
construction of facilities with Salt River Project. This Agreement is for the relocation
and modification of existing Salt River Project irrigation facilities for City of Phoenix
project ST85100410 - 43rd Avenue from McDowell Road to Virginia Avenue. Further
request 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. Additionally request to authorize the City Controller to disburse all funds
related to this item in an amount not to exceed $102,543.

Summary
The City is constructing roadway and intersection improvements along 43rd Avenue
from McDowell Road to Virginia Avenue which directly impact an existing Salt River
Project (SRP) irrigation delivery structure. This Agreement represents the cost for the
portion of SRP’s construction and materials for which the City is financially
responsible.

Contract Term
The term of the Agreement will begin on or about June 2, 2021, and will expire when
the project is completed and accepted.

Financial Impact
Funding in the amount of $102,543 is available in the Street Transportation
Department's Capital Improvement Program budget.

Location
43rd Avenue from McDowell Road to Virginia Avenue
Council District: 4

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


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Salt River Project Construction License for 24-Inch Water Main on Dobbins Road
from 35th to 27th Avenues - WS85500429-2 (Ordinance S-47630)

Request to authorize the City Manager, or his designee, to enter into a Construction
License with Salt River Project for installation of a new 24-inch waterline on Dobbins
Road from 35th to 27th avenues. Further request the City Council to grant an
exception pursuant to Phoenix City Code 42-20 to authorize inclusion in the
documents pertaining to this transaction of indemnification and assumption of liability
provisions that otherwise should be prohibited by Phoenix City Code 42-18.

Summary
The purpose of this license is to allow the City to install a new waterline that will run
parallel with Salt River Project irrigation facilities. This work is in conjunction with City
Project WS85500429-2 Dobbins Road 24-inch Water Main; 35th to 27th avenues.

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

Financial Impact
There is no financial impact for this license.

Location
Dobbins Road, 35th to 27th avenues
Council Districts: 7 and 8

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




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Salt River Project Construction License for Streetlights on 32nd Street Between
McDowell and Thomas Roads - ST85160014-1 (Ordinance S-47631)

Request to authorize the City Manager, or his designee, to enter into a Construction
License with Salt River Project for installation of new streetlights on 32nd Street
between McDowell and Thomas roads. Further request the City Council to grant an
exception pursuant to Phoenix City Code 42-20 to authorize inclusion in the
documents pertaining to this transaction of indemnification and assumption of liability
provisions that otherwise should be prohibited by Phoenix City Code 42-18.

Summary
The purpose of this license is to allow the City to install 17 new streetlights on 32nd
Street between McDowell and Thomas roads that will run parallel with and adjacent to
Salt River Project irrigation facilities. This work is in conjunction with City Project
ST85160014-1 for Streetlights on 32nd Street between McDowell and Thomas roads.

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

Financial Impact
There is no financial impact for this license.

Location
32nd Street between McDowell and Thomas roads
Council District: 8

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




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Salt River Project Construction License for Lift Station 43 - WS90501000
(Ordinance S-47636)

Request to authorize the City Manager, or his designee, to enter into a Construction
License with Salt River Project for repair and replacement of a force sewer main that
serves City of Phoenix Lift Station 43. Further request the City Council to grant an
exception pursuant to Phoenix City Code 42-20 to authorize inclusion in the
documents pertaining to this transaction of indemnification and assumption of liability
provisions that otherwise should be prohibited by Phoenix City Code 42-18.

Summary
The purpose of this license is to allow the City to repair and replace the end portion of
a sewer force main located at 75th Avenue and Broadway Road that crosses Salt
River Project irrigation facilities. This work is in conjunction with City Project
WS90501000 Lift Station 43.

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

Financial Impact
There is no financial impact for this license.

Location
75th Avenue and Broadway Road
Council District: 7

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




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Salt River Project Construction and Service Agreement for Booster Pump
Station 1-B3 Rehabilitation and Replacement (Ordinance S-47602)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Salt River Project for the Booster Pump Station 1-B3 Rehabilitation and
Replacement. Further request to authorize the City Controller to disburse all funds
related to this item. Additionally request the City Council to grant an exception
pursuant to Phoenix City Code Section 42-20 to authorize inclusion in the documents
pertaining to this transaction of indemnification and assumption of liability provisions
that otherwise would be prohibited by Phoenix City Code Section 42-18. The
agreement will not to exceed $552,928.

Summary
To provide electrical redundancy and resiliency for the Booster Pump Station (BPS) 1-
B3, to replace the aging infrastructure, reduce peak loading on the electrical
equipment, and increase the electrical capacity, the City worked with Salt River Project
(SRP) during the design phase of the BPS 1-B3 Rehabilitation and Replacement
project.

The SRP Enhanced Distribution Services Agreement authorizes SRP to provide design
and construction services to install two automatic transfer switches (ATS), two four-
way switches, and two transformers. The new electrical equipment will be fed by two
new services to provide redundancy for the infrastructure. The existing equipment and
Service Entrance Station (SES) will remain in service until the new equipment has
been energized.

Contract Term
The agreement term is for one year starting on or about Oct. 15, 2021.

Financial Impact
Funding in the amount of $552,928 is available in the Water Services Department's
Capital Improvement Program budget.

Location
44th Street and University Drive


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Council District: 8

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




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Salt River Project Distribution Design and Construction Services Contract for
Lift Station 41 - WS90400082 (Ordinance S-47625)

Request to authorize the City Manager, or his designee, to enter into a Distribution
Design and Construction Services Contract with Salt River Project for installation of
new electrical equipment for City of Phoenix Lift Station 41. Further request 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 would be prohibited by Phoenix City Code 42-18.

Summary
The City is constructing electrical modifications and improvements at Lift Station 41,
which has created a need to swap an existing radial transformer feeding the site for a
new looped transformer. This is a zero-dollar contract as there is no cost to the City for
the new transformer.

Contract Term
The term of the contract will begin on or about June 2, 2021, and will expire when the
project is completed and accepted.

Financial Impact
There is no financial impact to the City.

Location
48th Street, south of Pecos Road
Council District: 6

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




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Citywide Engineering/Consulting On-Call Services (Agreement 153170) for
Calendar Years 2021-22 - Amendment (Ordinance S-47640)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 153170 with Kimley-Horn and Associates, Inc. to provide additional
Engineering/Consulting On-Call Services citywide for various projects. 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 $500,000.

Summary
The purpose of this amendment is to increase contract capacity to provide services
that may include studies, plan review, special inspections, programming, master
planning, design, construction document development, and construction administration
and inspection services.

This amendment is necessary because contract capacity has already been expended
and additional funds are needed to allow continuity of services to departments citywide
in support of the City's Capital Improvement Program. This amendment will provide
additional funds to the agreement.

Contract Term
The term of the Master Agreement remains 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.

Financial Impact
· The initial agreement for Engineering/Consulting On-Call Services was executed for
a fee not-to-exceed $1.2 million, including all subconsultant and reimbursable costs.
· Amendment 1 will increase the agreement by an additional $500,000, for a new
total not-to-exceed agreement value of $1.7 million, including all subcontractor and
reimbursable costs.



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Funding for this amendment is available in the various Citywide departments' Capital
Improvement Program or Operating budgets. 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 Engineering/Consulting On-Call Services Agreement
153170 (Ordinance S-47024) on Oct. 21, 2020.

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




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Citywide Engineering/Consulting On-Call Services (Agreement 153184) for
Calendar Years 2021-22 - Amendment (Ordinance S-47641)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 153184 with Ritoch-Powell & Associates Consulting Engineers, Inc. to
provide additional Engineering/Consulting On-Call Services citywide for various
projects. 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 $250,000.

Summary
The purpose of this amendment is to increase contract capacity to provide services
that may include studies, plan review, special inspections, programming, master
planning, design, construction document development, and construction administration
and inspection services.

This amendment is necessary because contract capacity has already been expended
and additional funds are needed to allow continuity of services to departments
Citywide in support of the City's Capital Improvement Program. This amendment will
provide additional funds to the agreement.

Contract Term
The term of the Master Agreement remains 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.

Financial Impact
· The initial agreement for Engineering/Consulting On-Call Services was executed for
a fee not-to-exceed $1.2 million, including all subconsultant and reimbursable costs.
· Amendment 1 will increase the agreement by an additional $250,000, for a new
total not-to-exceed agreement value of $1.45 million, including all subcontractor and
reimbursable costs.



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Funding for this amendment is available in the various citywide departments' Capital
Improvement Program or Operating budgets. 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 Engineering/Consulting On-Call Services Agreement
153184 (Ordinance S-47024) on Oct. 21, 2020.

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




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***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** Citywide Asbestos and
Lead Abatement Job Order Contracting Services - 4108JOC198 (Ordinance S-
47647)

Request to authorize the City Manager, or his designee, to enter into separate master
agreements with four contractors to provide Citywide Asbestos and Lead Abatement
Job Order Contracting services. Further request to authorize execution of amendments
to the agreements as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The total fee for services will not exceed $10 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 Contractors' services will be used on an as-needed basis to provide Citywide
Asbestos and Lead Abatement Job Order Contracting (JOC) that includes abatement,
transport and disposal, documentation, "put back" of materials, and other
environmental services as requested.

These Agreements are essential to the health, safety, and welfare of the public and
critical operations for the City.

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.


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section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Nine firms submitted proposals
and are listed below.

Selected Firms
Rank 1: East Valley Disaster Services Inc.
Rank 2: Comprehensive Risk Services, LLC
Rank 3: Spray Systems of Arizona Inc.
Rank 4: Southwest Hazard Control, Inc.

Additional Proposers
Rank 5: ATI Holdings, LLC
Rank 6: Viking Specialty Services, LLC
Rank 7: Kary Environmental Services, Inc.
Rank 8: Belfor Environmental, Inc.
Rank 9: Square One Builders LLC

Contract Term
The term of each master agreement is for up to four years, or up to $2.5 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 values for each of the JOC contractors will not exceed $2.5
million, including all subcontractor and reimbursable costs. The total fee for all services
will not exceed $10 million. The value for each job order agreement performed under
this master agreement will be up to $1 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 Citywide Capital Improvement Program and/or Operating
budgets. 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.

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



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Happy Valley Road: 67th to 35th Avenues Improvements - Engineering Services -
ST85100437 (Ordinance S-47648)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Wilson & Company Inc., Engineers & Architects, to provide Engineering Services
that include design and post-design services for the Happy Valley Road: 67th to 35th
Avenues Improvements 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 total fee for services will not exceed $1.56 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 related 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 would 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 improve Happy Valley Road from 67th Avenue to 35th
Avenue to be in compliance with the current City of Phoenix Street Planning and
Design Guidelines, Administrative Procedure 155, the American Association of State
Highway and Transportation Officials, and City of Phoenix Storm Drain Manual design
criteria. The scope of work includes improving cross sections with median islands,
revised travel lane widths, curb and gutter modifications, buffered bike lanes, bus
pads, milling and paving, street lighting, utility adjustments, drainage, traffic signal
upgrades, and landscaping enhancements.




Page 232

Wilson & Company Inc., Engineers & Architect's services include, but are not limited
to: data collection and field survey; construction plans, engineer's cost estimates and
special provisions; prepare a drainage memorandum, geotechnical report and
documents needed for Right-of-Way Acquisition and Temporary Construction
Easements; provide post-design assistance through construction contract award; and
work with the City's public outreach firm on project public engagement.

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

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

Selected Firm
Rank 1: Wilson & Company Inc., Engineers & Architects

Additional Proposers
Rank 2: Entellus, Inc.
Rank 3: Premier Engineering Corporation, a wholly owned subsidiary of Olsson
Rank 4: Project Engineering Consultants

Contract Term
The term of the agreement is four 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 Wilson & Company Inc., Engineers & Architects will not
exceed $1.56 million, including all subconsultant and reimbursable costs.

Funding is available in the Street Transportation 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.



Page 233

Location
Happy Valley Road from 67th to 35th avenues
Council District: 1

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




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Resolution to Re-Open Alley (Resolution 21925)

Request City Council approval of a Resolution allowing for the reopening of a portion
of the alley south of Jackson Street, between Central Avenue and 1st Street and
repealing part of Resolution 17627 relating to such portion of the alley originally
closed.

Summary
The official plat of the Original Townsite of Phoenix approved by the City Council on
Oct. 22, 1895, dedicated 25 feet of alley south of Jackson Street between Central
Avenue and 1st Street to be open to public use as an alley. On Jan. 31, 1990, the City
Council passed Resolution 17627, closing the alley south of Jackson Street between
Central Avenue and 1st Street.

Staff requests City Council approval to reopen the alley, described in Attachment A,
in order to comply with Chapter 12 of the Downtown Code, sec. 1206.4a Parking and
Loading Access, which requires private access to be taken from adjacent alleys to
reduce conflicts on pedestrian designated streets. Reopening the alley is necessary for
the proposed Phoenix Opportunities Industrialization Center development.

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

Concurrence/Previous Council Action
The City Council approved closing the alley south of Jackson Street between Central
Avenue and 1st Street (Resolution 17627) on Jan. 31, 1990.

Location
The alley located south of Jackson Street between Central Avenue and 1st Street.
Council District: 7

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



Page 235
Attachment A – Legal Description and Map


LEGAL DESCRIPTION OF
PUBLIC RIGHT OF WAY TO BE RE-OPENED AS TO PUBLIC USE


That certain alley in Block 49, ORIGINAL TOWNSITE OF PHOENIX, according to the
plat of record in the office of the County Recorder of Maricopa County, Arizona, in Book
2 of Maps at page 51, lying between the Southerly prolongation of the East line of Lot 1
in said Block 49 and the Southerly prolongation of the West line of Lot 11 in said Block
49.




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MAP OF
PUBLIC RIGHT OF WAY TO BE RE-OPENED AS TO PUBLIC USE




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38th Street Relief Sewer: Phase 2 - 38th Street - Design-Bid-Build Services -
WS90500302 (Ordinance S-47598)

Request to authorize the City Manager, or his designee, to accept Archer Western
Construction, LLC as the lowest-priced, responsive and responsible bidder and to
enter into an agreement with Archer Western Construction, LLC for Design-Bid-Build
Services for the 38th Street Relief Sewer: Phase 2 - 38th Street project. Further
request to authorize the City Controller to disburse all funds related to this item. The
fee for services will not exceed $2,213,877.

Summary
The purpose of this project is to install approximately 3,500 linear feet of new 8-inch
sanitary sewer line along 38th Street and 38th Place from Lincoln Drive to Bethany
Home Road. The proposed 8-inch gravity sewer main will also tie into the existing City
of Phoenix wastewater collection system upstream of Lift Station 54 and allow for its
abandonment.

Archer Western Construction, LLC's services include, but are not limited to: installing
approximately 3,500 linear feet of new 8-inch sanitary sewer line, 21 new sewer
manholes, 400 linear feet of 6-inch sewer services, two drainage inlets with 80 linear
feet of new 18-inch storm drain crossing, work to adjust the intersection of 38th Place
and Berridge Lane to a “T” intersection, restoration of signing and striping, and
miscellaneous landscaping restoration. This project is within Town of Paradise Valley
right-of-way.

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

Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. Two bids were received on April 13,
2021, and were sent to the Equal Opportunity Department for review to determine
subcontractor eligibility and contractor responsiveness in demonstrating
responsiveness to Small Business Enterprise program requirements.



Page 238

The Opinion of Probable Cost and the one lowest responsive, responsible bidder is
listed below:

Opinion of Probable Cost: $3,214,131
Archer Western Construction, LLC : $2,213,877

Bidders who were deemed non-responsive are listed below, in alphabetical order:
Action Direct LLC dba Redpoint Contracting

The bid award amount is within the total budget for this project.

The reason for the variance from the Opinion of Probable Cost to the lowest
responsive, responsible bid could be an indication that they anticipate completing the
work with higher production under better conditions than Phase 1. The OPC
conservatively estimated the rate of pipeline production to be 50 linear feet per day
based on review of the geotechnical report.

Contract Term
The term of the agreement is 240 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.

Financial Impact
The agreement value for Archer Western Construction, LLC will not exceed
$2,213,877, 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.

Location
38th Street to 38th Place from Lincoln Drive to Bethany Home Road
Council District: 6 and Out of City

Responsible Department
This item is submitted by Deputy City Managers Karen Peters and Mario Paniagua,
the Water Services Department, and the City Engineer.



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PVC and CPVC Pipe, Valves and Fittings - Request for Award (Ordinance S-
47597)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Harrington Industrial Plastics to provide PVC and CPVC pipe, valves and fittings
on an as-needed basis. Further request to authorize the City Controller to disburse all
funds related to this item. The agreement amount will not exceed $850,000.

Summary
The purpose of this agreement is to purchase PVC and CPVC pipe, valves and fittings
on an as-needed basis. This agreement will allow the Water Services Department
(WSD) to maintain the infrastructure of various facilities. WSD uses PVC and CPVC
pipe, valves and fittings for a wide variety of projects, including indoor and outdoor
plumbing maintenance and repairs, plant process air and water lines, above and below
ground irrigation, and chemical handling systems.

Procurement Information
The recommendations were made using an Invitation for Bids procurement process in
accordance with City of Phoenix Administrative Regulation 3.10.

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

Selected Bidder
Harrington Industrial Plastics

Other Bidders
Ferguson Waterworks
Ryan Herco Flow Solutions

Contract Term
The agreement will begin on or about June 2, 2021, for a five-year aggregate term with
no options to extend.




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Financial Impact
The agreement value for Harrington Industrial Plastics will not exceed $850,000.

Funding is available in the Water Services Department's budget.

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




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Parts and Services for Cues-Brand Equipment, Parts and Related Services -
Amendment (Ordinance S-47601)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 144417 with Arizona Wastewater Industries, Inc., to provide additional
funding to the agreement. Further request to authorize the City Controller to disburse
all funds related to this item. The additional expenditures for services and goods
included in this amendment will not exceed $123,200.

Summary
The purpose of this amendment is to continue preventive maintenance and repairs of
the existing Cues sewer and pipeline inspection equipment that the Water Services
Department uses to assess the condition of the wastewater infrastructure. Due to the
necessity of a software upgrade, the purchase of additional software licenses and
repairs of the Cues equipment, it is necessary to add funds to continue to perform
preventive maintenance, upgrades and repairs of the existing systems.

The additional goods and services include, but are not limited to supply of Cues
inspection equipment and products, replacement parts, and repair services.

Contract Term
The Agreement's term will remain unchanged, ending on Jan. 31, 2022.

Financial Impact
The initial authorization for the Cues-Brand Equipment, Parts and Related Services
Agreement was for an expenditure not-to-exceed $350,000. An amendment increased
the authorization for the agreement by $73,000. This amendment will increase the
authorization for the agreement by an additional $123,200, for a new total not-to-
exceed agreement value of $546,200.

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

Concurrence/Previous Council Action
The City Council approved:
· Parts and Services for Cues-Brand Equipment, Parts and Related Services


Page 242

Agreement 144417 (Ordinance S-43202) on Jan. 25, 2017; and
· Parts and Services for Cues-Brand Equipment, Parts and Related Services
Agreement 144417 - Amendment (Ordinance S-45851) on June 26, 2019.

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




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Water Softener Exchange Rental Services Agreement - Request for Award
(Ordinance S-47607)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Rayne of Phoenix, to provide water softener exchange rental services for the
purpose of removing dissolved hard materials. Further request authorization for the
City Controller to disburse all funds related to this item. The agreement will not exceed
$125,000.

Summary
Water softener exchange rental services and maintenance are required to soften water
for disinfection systems at the water treatment plants and remote facilities. These
systems are used to disinfect the water per water treatment regulations. Water must be
softened in order for the disinfection system to function properly. The purpose of this
agreement is to provide the Water Services Department with water softener exchange
tanks to remove calcium and magnesium ions during this water treatment process.

Rayne of Phoenix's services include but are not limited to monitoring water softening
resin levels, draining, cleaning and tank refills, and removal of tanks. The contract also
provides all labor, materials, supplies, and associated services necessary for water
softener tanks, equipment and maintenance and repair.

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

One vendor submitted a bid and is listed below and was found to be responsive and
responsible.

Selected Bidder
Rayne of Phoenix

Contract Term
The agreement will begin on or about Nov. 1, 2021, for a five-year aggregate term.



Page 244


Financial Impact
The agreement value for Rayne of Phoenix will not exceed $125,000.

Funding is available in the Water Services Department’s Operating Budget.

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




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Agreement with Enerwise Technologies, LLC d/b/a CPower and Enroll in Arizona
Public Service Peak Solutions Program (Ordinance S-47617)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Enerwise Technologies, LLC d/b/a CPower and enroll in the Arizona Public
Service Peak Solutions Program. Further request to authorize the City Treasurer to
accept all funds related to this item. Estimated revenues are anticipated to be between
$5,000 and $20,000 annually.

Summary
The Arizona Public Service (APS) Peak Solutions Program compensates customers
for reducing electrical load during demand response events, most commonly during
peak hours as needed. CPower is contracted through APS to administer the program
and provide compensation to customers enrolled in the APS Peak Solutions Program.
The Water Services Department (WSD) seeks to enter into a five-year agreement,
which will terminate May 31, 2026, with an option to renew.

Participating in the Program, in addition to the payment terms set forth in the Service
Agreement, CPower (Provider) will pay to the City (Customer) $10.00 per kW/month of
performance as defined in the Program Rules. Provider will also pay an energy
payment, if applicable. Energy payments are earned based on the Curtailment Value,
up to and not to exceed, Customer's Enrollment Value for each Event Hour. The
energy payment will be based on the following:
a. Called events and tests;
b. A rate of $0.09/kWh; and
c. Average monthly performance must be over 70 percent of Enrollment Value.

Contract Term
The term of this agreement is five years and will terminate on May 31, 2026.

Financial Impact
There is no cost to the City to enter into this agreement. Based on the electrical load
anticipated to be reduced, staff estimates this agreement may generate between
$5,000 and $20,000 of revenue annually. WSD will receive compensation each
December of the participating program year.


Page 246


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




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Sandblasting and Coating Services Agreement - Request for Award (Ordinance S
-47620)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Pipeline Video Inspection dba AIMS Companies, to provide sandblasting and
coating services for the purpose of removing rust and debris to extend the life of
equipment at multiple Water Services Department facilities. Further request
authorization for the City Controller to disburse all funds related to this item. The
agreement will not exceed $402,500.

Summary
The purpose of this agreement is to provide sandblasting and coating services for
various equipment such as pumps, valves and other process equipment at Water
Services Department (WSD) Water Production facilities, Wastewater facilities and
Remote facilities.

The Offeror's services include, but are not limited to: sandblasting, re-coating for epoxy
coat or paint, pickup and deliver equipment to be serviced, and completing a written
service report documenting the work performed.

This agreement will replace Sandblasting and Coating Services Agreement 151895
with Riddle Painting and Coatings Company which was approved by City Council on
March 18, 2020. Riddle Painting and Coatings Company requested to cancel their
agreement due to their inability to provide onsite sandblasting services at its new
location.

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

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

Selected Bidder:
Pipeline Video Inspection dba AIMS Companies


Page 248


Other Bidders:
Riley Industrial Services
Revolution Industrial

Contract Term
The agreement will begin on or about July 1, 2021, for a five-year aggregate term with
no options to extend.

Financial Impact
The agreement value for Pipeline Video Inspection dba AIMS Companies will not
exceed $402,500.

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

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




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Agreement with National Forest Foundation (Ordinance S-47633)

Request to authorize the City Manager, or his designee, to enter into an agreement
with the National Forest Foundation, which has partnered with the City of Phoenix
since 2015 to conduct forest restoration and watershed enhancement projects that
protect the water quality in the Salt and Verde Rivers. Further request to authorize the
City Controller to disburse all funds related to this item. The agreement amount will not
exceed $600,000.

Summary
The Water Services Department obtains more than half of its raw water supply from
the highly-forested Salt and Verde watershed and its suitable water quality is critical to
the City. Experts advise that in the future, forest fires will ensue over longer seasons,
be larger, and more numerous. These conditions have a high potential to degrade
source water quality and negatively impact the City’s water production processes. It is
in the City’s best interest to enter into this strategic partnership to mitigate these risks.
The National Forest Foundation (NFF) will help create water security that supports
continued public safety and economic development by designing and implementing
cost-effective and protective Salt-Verde watershed projects. Funds invested from the
Crescordia and President’s Award for sustainability from Arizona Forward. The City will
continue to work collaboratively with NFF on projects such as sediment reduction, soil
stability, fire and flood risk reduction, hydrologic improvement, riparian restoration and
other watershed-based improvements.

Procurement Information
In accordance with City of Phoenix Administrative Regulation 3.10, competitive
procurement was waived as a result of a Determination Memo citing NFF has the only
congressionally-chartered partnership with the U.S. Forest Service and expertise in
projects that reduce erosion and sedimentation. NFF provides a singular opportunity
for the City to participate in funding projects that lessen wildfire-related impacts which
impair near- and long-term water quality.

Contract Term
The agreement term is for three years effective July 1, 2021, through June 30, 2024.


Page 250


Financial Impact
The agreement value of the contract is not to exceed $600,000, with annual
expenditures of $200,000.

Funding for this contract is available in the Water Services Department’s Operating
budget and Colorado Water Resiliency Fund.

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




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Item text
Agreement with The Nature Conservancy (Ordinance S-47634)

Request to authorize the City Manager, or his designee, to enter into an agreement
with The Nature Conservancy, which has partnered with the City of Phoenix since
2017 to fund projects designed to protect the flows and improve water quality in the
Salt and Verde rivers. Further request to authorize the City Controller to disburse all
funds related to this item. The agreement amount will not exceed $450,000.

Summary
The Water Services Department obtains more than half of its raw water supply from
the Salt and Verde watershed. Reliable flows are critical to the City. Disruptions could
result in increased water treatment costs and/or service interruptions. It is in the City’s
best interest to enter into this strategic partnership to mitigate risks to the rivers and in
doing so, to provide leadership to other Valley water providers. By designing and
implementing cost-effective and protective Salt-Verde watershed projects, The Nature
Conservancy (TNC) will help create water security that supports continued public
safety and economic development. Funds for these projects will be committed to
TNC’s Salt and Verde Alliance: Healthy Rivers, Healthy Communities.

Procurement Information
In accordance with City of Phoenix Administrative Regulation 3.10, competitive
procurement was waived as a result of a Determination Memo citing there is an
unusual nature of the goods or services that require a specific vendor due to TNC’s
network of private and public partners funding the project on the Verde River. TNC
provides a one-of-a-kind opportunity for the City to fund collaborative projects that
positively impact Phoenix’s original water supply.

Contract Term
The agreement term is for three years effective July 1, 2021, through June 30, 2024.

Financial Impact
The agreement value will not to exceed $450,000, with annual expenditures estimated
at $150,000.




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Funding for this agreement is available in the Water Services Department’s Operating
budget.

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




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Item text
Final Plat - Frys 96 - PLAT 200631 - Southwest Corner of Jomax Road and
Norterra Parkway

Plat: 200631
Project: 15-3108
Name of Plat: Frys 96
Owner(s): US Real Estate, Limited Partnership, and Smith Food & Drug Centers, Inc.
Engineer(s): Daniel D. Armijo, RLS
Request: A 6 Lot Commercial Plat
Reviewed by Staff: April 30, 2021
Final Plat requires Formal Action Only

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

Location
Generally located at the southwest corner of Jomax Road and Norterra Parkway.
Council District: 1

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




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Final Plat - The Mint - PLAT 200634 - 500 W. Misty Willow Lane

Plat: 200634
Project: 20-3294
Name of Plat: The Mint
Owner: Happy Valley II, LLC
Engineer: Dennis F. Keogh, RLS
Request: A 3 Lot Commercial Plat
Reviewed by Staff: April 26, 2021
Final Plat requires Formal Action Only

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

Location
500 W. Misty Willow Lane
Council District: 1

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




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Final Plat - Hillstone-West - PLAT 210001 - 24500 N. Cave Creek Dam Road

Plat: 210001
Project: 16-3288
Name of Plat: Hillstone-West
Owner(s): D.R. Horton, Inc., a Delaware Corporation
Engineer(s): Kirk J. Pangus, RLS
Request: A 33 Lot Residential Plat
Reviewed by Staff: April 23, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public. Note: This plat cannot be recorded until the Flowage Easement has been
recorded and recording information is written in by the Registered Land Surveyor.

Location
Located at 24500 N. Cave Creek Dam Road
Council District: 2

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




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Final Plat - Biltmore on Turney - PLAT 200621 - 180 Feet East of the Southeast
Corner of 20th Street and Turney Avenue

Plat: 200621
Project: 20-2241
Name of Plat: Biltmore on Turney
Owner(s): DL Dalton, LLC, Cambridge Apartments White Center LLC, and Turney
Biltmore, LLC
Engineer(s): Alliance Land Surveying, LLC
Request: A 2 Lot Residential Plat
Reviewed by Staff: April 26, 2021
Final Plat requires Formal Action Only

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

Location
Generally located 180 Feet east on the southeast corner of 20th Street and Turney
Avenue.
Council District: 3

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




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Final Plat - McClellan Ranch - Parcels 4 & 5 - PLAT 200622 - North of Dobbins
Road and West of 67th Avenue (Alignment)

Plat: 200622
Project: 17-1627
Name of Plat: McClellan Ranch - Parcels 4 & 5
Owner(s): Pulte Home Company, LLC and Meritage Homes of Arizona, Inc.
Engineer(s): Brian J. Benedict, RLS
Request: A 144 Lot Residential Subdivision Plat
Reviewed by Staff: April 26, 2021
Final Plat requires Formal Action Only

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

Location
Generally located north of Dobbins Road and west of 67th Avenue (alignment).
Council District: 7

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




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Final Plat - Laveen Vistas Parcel Three, Phase 2 - PLAT 200587 - Northeast
Corner of 51st Avenue and Carver Road

Plat: 200587
Project: 05-2131
Name of Plat: Laveen Vistas Parcel Three, Phase 2
Owner(s): HBT of Laveen, LLC
Engineer(s): Clouse Engineering, Inc.
Request: An 80 Lot Residential Plat
Reviewed by Staff: April 20, 2021
Final Plat requires Formal Action Only

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

Location
Generally located at the northeast corner of 51st Avenue and Carver Road.
Council District: 8

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




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Final Plat - Harmony at the Park One - PLAT 210024 - Northwest Corner of Polk
Street and 20th Street

Plat: 210024
Project: 20-907
Name of Plat: Harmony at the Park One
Owner(s): City of Phoenix
Engineer(s): Richard Stockman, RLS
Request: A 1 Lot Commercial Plat
Reviewed by Staff: May 6, 2021
Final Plat requires Formal Action Only

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

Location
Generally located at the northwest corner of Polk Street and 20th Street.
Council District: 8

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




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Modification of Stipulation Request for Ratification of April 21, 2021 Planning
Hearing Officer Action - PHO-1-21--Z-141-97-6 - Approximately 400 Feet
Southeast of the Intersection of 50th Avenue and Thistle Landing Drive

Request to authorize the City Manager, or his designee, to approve Planning Hearing
Officer's recommendation without further hearing by the City Council on matters heard
by the Planning Hearing Officer on April 21, 2021. This ratification requires formal
action only.

Summary
Application: PHO-1-21--Z-141-97-6
Existing Zoning: CP/GCP
Acreage: 30.64

Applicant: Jason Morris, Withey Morris PLC
Owner: Kyrene Elementary School District
Representative: Jason Morris, Withey Morris PLC

Proposal:
1. Modification of Stipulation 1 regarding general conformance to the site plan dated
November 17, 1997.
2. Modification of Stipulation 4 regarding access points onto 50th Street.
3. Deletion of Stipulation 5 regarding right-of-way for a box culvert crossing 50th
Street.
4. Deletion of Stipulation 6 regarding a drainage channel and related construction
details and right-of-way.
5. Deletion of Stipulation 7 regarding retention for the 100-year 2-hour rainfall event in
a single common retention basin.
6. Technical correction to Stipulation 2.

Concurrence/Previous Council Action
Village Planning Committee Recommendation: The Ahwatukee Foothills Village
Planning Committee opted not to hear this case.
PHO Action: The Planning Hearing Officer heard this case on April 21, 2021 and took
the case under advisement. On May 11, 2021, the Planning Hearing Officer took the


Page 261

case out from under advisement and recommended approval with modifications and
additional stipulations. See Attachment A for the full list of Planning Hearing Officer
recommended stipulations.

Location
Approximately 400 feet southeast of the intersection of 50th Avenue and Thistle
Landing Drive
Council District: 6
Parcel Address: N/A

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




Page 262
Attachment A- Stipulations- PHO-1-21_Z-141-97-6

Location: Approximately 400 feet southeast of the intersection of 50th Street and
Thistle Landing Drive

Stipulations:

1. That THE development SHALL be in general conformance to WITH the site plan
dated DATE STAMPED MARCH 5, 2021 November 17, 1997, AS MODIFIED BY
THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

2. That The entire site SHALL be developed with a unified architectural theme. The
theme should assure the building colors, elevations, exterior materials,
landscaping, lighting and signage convey a sense of continuity throughout the
development, as approved by the PLANNING AND Development Services
Department.

3. That All loading docks shall be screened from view.

4. That A maximum of two THREE access points SHALL be permitted onto 50th
Street as approved by the PLANNING AND Development Services Department.

5. That the developer provide right-of-way as determined by Development Services
Department for a box culvert crossing 50th Street at the southwest corner of the
site, or in an alternate location as approved by the Development Services
Department.

5. That The developer shall provide, at a minimum, right-of-way for a drainage
6. channel along a portion of the east property boundary. This channel shall connect
to the channel proposed within the Interstate 10 right-of-way and the existing
channel located south of the existing site. The location of this channel shall be
consistent with drainage studies approved or accepted by the PLANNING AND
Development Services Department. That if required by the PLANNING AND
Development Services Department, the applicant shall construct the channel only
for that portion which is located outside of the ADOT right-of-way.

6. THE DEVELOPER SHALL DEDICATE A 20-FOOT-WIDE PUBLIC DRAINAGE
EASEMENT ALONG THE SOUTH PROPERTY LINE, ABUTTING THE
EXISTING 30-FOOT-WIDE DRAINAGE EASEMENT, AND ALIGNED WITH THE
PROPOSED SOUTHERN ACCESS POINT TO 50TH STREET, AS APPROVED
OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

7. That The developer SHALL provide retention for the 100-year 2-hour rainfall
event in a single common retention basin, or in an alternate configuration as
approved by the PLANNING AND Development Services Department, and to be
maintained by a property owner’s association.

8. That 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 City. All
improvements shall comply with all ADA accessibility standards.
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9. That The developer shall provide the City with a revised Traffic Impact Study.
Additional right-of-way dedications may be required based upon the approved
revised Traffic Impact Study.

10. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER SHALL
EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM APPROVED
BY THE CITY ATTORNEY'S OFFICE. THE WAIVER SHALL BE RECORDED
WITH THE MARICOPA COUNTY RECORDER'S OFFICE AND DELIVERED TO
THE CITY TO BE INCLUDED IN THE REZONING APPLICATION FILE FOR
RECORD.




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Amend City Code - Ordinance Adoption - Rezoning Application Z-SP-7-20-3 -
Approximately 140 Feet North of the Northeast Corner of 19th Avenue and
Cheryl Drive (Ordinance G-6857)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
from C-2 to C-2 SP to allow a Special Permit for auto sales and rental, and all
underlying C-2 uses.

Summary
Current Zoning: C-2
Proposed Zoning: C-2 SP
Acreage: 2.37
Proposed Use: Auto sales and rental with all underlying C-2 uses

Owner: Native Arizonan Acquisitions V, LLC
Applicant: Grant L. Olds Architects
Representative: Drew Wood

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The North Mountain Village Planning Committee heard this case on April
21, 2021 and recommended approval, per the staff recommendation, by a vote of 13-
1.
PC Action: The Planning Commission heard this case on May 6, 2021 and
recommended approval, per the North Mountain Village Planning Committee
recommendation with an additional stipulation, by a 9-0 vote.

Location
Approximately 140 feet north of the northeast corner of 19th Avenue and Cheryl Drive
Council District: 3
Parcel Addresses: 10233 N. 19th Ave.

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


Page 265
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-SP-7-20-3) FROM C-2 (INTERMEDIATE COMMERCIAL
DISTRICT) TO C-2 SP (INTERMEDIATE COMMERCIAL
DISTRICT, SPECIAL PERMIT).


____________



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

follows:

SECTION 1. The zoning of a 2.37-acre site located approximately 140 feet

north of the northeast corner of 19th Avenue and Cheryl Drive in a portion of Section 30,

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

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

Commercial District, Special Permit) to allow automobile rental and sales and all

underlying C-2 uses.

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B”.




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

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

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

Phoenix Zoning Ordinance:

1. The development shall be in general conformance with the site plan date
stamped December 29, 2020, as modified by the following stipulations and
approved by the Planning and Development Department.

2. All elevations of the building shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation in
window size and location, and/or overhang canopies, as approved by the
Planning and Development Department.

3. The development shall provide a minimum of four bicycle parking spaces. The
racks shall be an inverted U-type design to allow parking of two bicycles per
rack and installed per the requirements of Section 1307.H of the Zoning
Ordinance, as approved by the Planning and Development Department.

4. The developer shall replenish the existing landscape island, located behind the
back of curb, with minimum 2-inch caliper large canopy shade trees placed
minimum 20-feet on center and near the sidewalk to provide thermal comfort
for pedestrians, as approved by the Planning and Development Department.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.

5. The 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.

6. The Public Transit Department shall retain right-of-way and bus stop pad along
northbound 19th Avenue north of Cheryl Drive. The bus stop pad shall be
constructed according to City of Phoenix Standard Detail P1260 with a
minimum depth of 10 feet. Trees shall be placed to provide 50 percent shade
coverage to bus stop pad at full maturity. Relocation, modification, and/or
reconstruction of the bus stop shall require prior authorization from the Public
Transit Department.




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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 2nd day of June, 2021.




________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager


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



Page 268
EXHIBIT A

LEGAL DESCRIPTION FOR Z-SP-7-20-3

REAL PROPERTY SITUATED IN MARICOPA COUNTY, ARIZONA: LOT 1,
QUICKTRIP NO. 405, ACCORDING TO BOOK 546 OF MAPS, PAGE 17, AND
AMENDED PLAT IN BOOK 549 OF MAPS, PAGE 32, RECORDS OF MARICOPA
COUNTY, ARIZONA.
A PORTION OF TRACT A OF PAMELA TERRACE SUBDIVISION, M.C.R. 77 PAGE
34, LYING WITHIN A PART OF LOT 1, SECTION 30, TOWNSHIP 3N, RANGE 3E.
GILA AND SALT RIVER MERIDIAN CITY OF PHOENIX MARICOPA COUNTY,
ARIZONA.




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Amend City Code - Ordinance Adoption - Rezoning Application Z-4-21-4 -
Northeast Corner of 3rd Street and Clarendon Avenue (Ordinance G-6859)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
-2 to WU Code T4:3 MT to allow multifamily residential.

Summary
Current Zoning: C-2 (Intermediate Commercial)
Proposed Zoning: WU Code T4:3 MT (Walkable Urban Code, Transect 4:3 District,
Midtown Character Area)
Acreage: 0.73
Proposed Use: Multifamily residential

Owner: BHABK Holdings 1, LLC
Applicant: Amy Malloy, Evolve Ventures
Representative: Amy Malloy, Evolve Ventures

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on April 5, 2021
and recommended approval, per the staff recommendation, by a vote of 10-0.
PC Action: The Planning Commission heard this case on May 6, 2021 and
recommended approval, per the Encanto Village Planning Committee recommendation
with an additional stipulation, by a vote of 9-0.

Location
Northeast corner of 3rd Street and Clarendon Avenue
Council District: 4
Parcel Addresses: 3801 and 3805 N. 3rd St.

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




Page 271
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-4-21-4) FROM C-2 (INTERMEDIATE COMMERCIAL
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 0.73 acre site located at the northeast corner

of 3rd Street and Clarendon Avenue in a portion of Section 29, Township 2 North,

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

2” (Intermediate Commercial 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 272
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. All public sidewalks shall be detached with a minimum 5-foot-wide landscape
area located between the sidewalk and back of curb along the north half of
Clarendon Avenue and a minimum 6-foot-wide landscape area located
between the sidewalk and back of curb along the east half of Third Street, as
approved by the Planning and Development Department.

2. The developer shall provide and maintain the following bicycle infrastructure as
described below and as approved by the Planning and Development
Department.

a. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section
1306.H. of the Phoenix Zoning Ordinance.

b. A bicycle repair station (“fix it station”) shall be provided on the site. The
station shall include but not limited to: standard repair tools affixed to the
station; a tire gauge and pump; and a bicycle repair stand which allows
pedals and wheels to spin freely while making adjustments to the bike,
as approved by the Planning and Development Department.

3. The developer shall dedicate a minimum 6-foot-wide sidewalk easement for the
east side of 3rd Street, as approved by the Planning and Development
Department.

4. The developer shall dedicate a minimum of 5 feet for the west side of the alley,
as approved by the Planning and Development Department.

5. All vehicular site access shall be provided from the alley, consistent with the
Walkable Urban Code standards and as approved by the Planning and
Development Department.

6. All public sidewalks shall be located in a dedicated public sidewalk easement,
as approved by the Planning and Development Department.

7. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by




Page 273
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.

8. Where pedestrian pathways cross drive aisles, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave parking surfaces and drive aisles, as
approved by the Planning and Development Department.

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

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

11. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

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

13. 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.

14. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.


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

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

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

of the remaining portions hereof.




Page 274
PASSED by the Council of the City of Phoenix this 2nd day of June, 2021.




________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



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




Page 275
EXHIBIT A

LEGAL DESCRIPTION FOR Z-4-21-4:

WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 29, TOWNSHIP 2 NORTH, AND RANGE 3 EAST HEREIN LOTS 10 AND
11, BLOCK 4, OF THOMAS PLACE, ACCORDING TO THE PLAT OF RECORD IN
THE OFFICE OF THE COUNTRY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 3 OF MAPS, PAGE 67.




Page 276
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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-9-21-5 -
Approximately 800 Feet West of the Southwest Corner of 83rd Avenue and
Indian School Road (Ordinance G-6858)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
PSC to C-2 and R-3A to allow commercial and multifamily residential.

Summary
Current Zoning: PSC (Planned Shopping Center District)
Proposed Zoning: C-2 (Intermediate Commercial District) (1.15 acres) and R-3A
(Multifamily Residence District) (3.20 acres)
Acreage: 4.35 acres
Proposed Use: Commercial and multifamily residential

Owner: 8415 West Indian School Road, LLC
Applicant: Ashley Z. Marsh
Representative: Ashley Z. Marsh

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Maryvale Village Planning Committee heard this case on April 14,
2021 and recommended approval, per the staff recommendation, by a vote of 8-0.
PC Action: The Planning Commission heard this case on May 6, 2021 and
recommended approval, per the Maryvale Village Planning Committee
recommendation with an additional stipulation, by a vote of 9-0.

Location
Approximately 800 feet west of the southwest corner of 83rd Avenue and Indian
School Road
Council District: 5
Parcel Addresses: 8411, 8415, 8419, and 8455 W. Indian School Road

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


Page 278
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-9-21-5) FROM PSC (PLANNED SHOPPING CENTER
DISTRICT) TO C-2 (INTERMEDIATE COMMERCIAL DISTRICT)
AND R-3A (MULTIFAMILY RESIDENCE DISTRICT) .

____________



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

follows:

SECTION 1. The zoning of a 4.35-acre site located approximately 800 feet

west of the southwest corner of 83rd Avenue and Indian School Road in a portion of

Section 27, Township 2 North, Range 1 East, as described more specifically in Exhibit

“A”, is hereby changed from 4.35 acres of “PSC” (Planned Shopping Center District) to

1.15 acres of “C-2” (Intermediate Commercial District) and 3.20 acres of “R-3A”

(Multifamily Residence District).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B”.




Page 279
SECTION 3. Due to the site’s specific physical conditions and the use

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

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

Phoenix Zoning Ordinance:

1. The residentially zoned portion of the site shall be in general conformance with
the site plan and elevations date stamped February 9, 2021, as modified by the
following stipulations and approved by the Planning and Development
Department.

2. The conceptual site plan and elevations for the commercial portion of the site
shall be administratively approved by the Planning Hearing Officer prior to
preliminary site plan approval with specific regard to the inclusion of the below
elements. This review is for conceptual purposes only. Specific development
standards and requirements will be determined by the Planning and
Development Department.

a. Location and orientation of driveway and trash receptables in relation to
the single-family residential neighborhood to the west.

b. Clearly defined accessible pedestrian pathways to connect building
entrances and public sidewalks, using the most direct route for
pedestrians.

c. Pedestrian connection between multifamily and commercial parcels.

d. All elevations of the building/s shall contain architectural embellishments
and detailing, such as: textural changes, pilasters, offsets, recesses,
variation in window size or location, overhang canopies, or similar
features.

3. The commercially zoned portion of the site shall provide a minimum 20-foot-
wide landscape setback adjacent to the west property line and the residentially
zoned portion of the site shall provide a minimum 15-foot-wide landscape
setback along the west property line. The landscape setbacks shall be planted
with large evergreen trees planted 20 feet on center or in equivalent groupings,
as approved by the Planning and Development Department. Sixty percent of
the trees shall be minimum 2-inch caliper, 40 percent of the trees shall be
minimum 3-inch caliper with five 5-gallon shrubs per tree, as approved by the
Planning and Development Department.




Page 280
4. Resident bicycle parking shall be provided at a rate of 0.25 spaces per dwelling
unit, up to a maximum of 50 spaces, as approved by the Planning and
Development Department. These spaces shall be located near building
entrances or common areas and may be provided through a combination of
inverted U-bicycle racks, artistic style racks, “Secure/Covered Facilities” or
“Outdoor/Covered Facilities” as defined in Appendix K or the Comprehensive
Bicycle Master Plan.

5. The developer shall provide a minimum 5-foot wide detached sidewalk and a
minimum 13-foot wide landscape strip located behind the back of curb to the
back of sidewalk along Indian School Road, per Cross Section D, as identified
on the Street Classification Map, as approved by the Planning and
Development Department. Minimum 2-inch caliper trees shall be planted 20
feet on center or in equivalent groupings with five 5-gallon shrubs per tree, as
approved by the Planning and Development Department. Where utility conflicts
exist, the developer shall work with the Planning and Development Department
on alternative design solutions consistent with a pedestrian environment.

6. Access proposed onto Piccadilly Road shall be restricted to emergency access
only, as approved by the Planning and Development Department.

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

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

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

10. 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.

11. 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 281
SECTION 4. If any section, subsection, sentence, clause, phrase or

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

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

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 2nd day of June, 2021.




________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



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




Page 282
EXHIBIT A

LEGAL DESCRIPTION FOR Z-9-21-5

LOT 2, FINAL PLAT "SWC 84TH AVE. & INDIAN SCHOOL ROAD." ACCORDING
TO PLAT RECORDED IN BOOK 693 OF MAPS, PAGE 28, RECORDS OF
MARICOPA COUNTY, ARIZONA.

A PORTION OF THE NE ¼ OF SECTION 27, T.2N., R.1E., G. & S. R. M.,

MARICOPA COUNTY, ARIZONA



PARENT PARCEL:

LOT 2, FINAL PLAT "SWC 84TH AVE. & INDIAN SCHOOL ROAD."

ACCORDING TO PLAT RECORDED IN BOOK 693 OF MAPS, PAGE 28,
RECORDS OF MARICOPA COUNTY, ARIZONA.



LOT 2A:

THE NORTH 258.00 FEET, AS MEASURED FROM THE SOUTHWEST CORNER
OF LOT 1, THE SOUTHERN BOUNDARY OF WHICH, BEING THE WESTERLY
ELONGATION OF THE SOUTH LINE OF LOT 1, OF THE FOLLOWING
DESCRIBED PROPERTY:

LOT 2, FINAL PLAT "SWC 84TH AVE. & INDIAN SCHOOL ROAD."

ACCORDING TO PLAT RECORDED IN BOOK 693 OF MAPS, PAGE 28,
RECORDS OF MARICOPA COUNTY, ARIZONA.



LOT 2B:

LOT 2, FINAL PLAT "SWC 84TH AVE. & INDIAN SCHOOL ROAD."

ACCORDING TO PLAT RECORDED IN BOOK 693 OF MAPS, PAGE 28,
RECORDS OF MARICOPA COUNTY, ARIZONA.

EXCEPT: THE NORTH 258.00 FEET, AS MEASURED FROM THE

SOUTHWEST CORNER OF LOT 1, THE SOUTHERN BOUNDARY OF WHICH,
BEING THE WESTERLY ELONGATION OF THE SOUTH LINE OF LOT 1, OF
SAID FINAL PLAT.




Page 283
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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-13-21-6 -
Southwest Corner of 44th Street and Calle Feliz (Ordinance G-6855)

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

Summary
Current Zoning: R1-10 (Single-Family Residence District)
Proposed Zoning: R-O (Residential Office - Restricted Commercial District)
Acreage: 0.43 acres
Proposal: Medical office

Owner: Holly Mueller
Applicant: Holly Mueller
Representative: Brian Greathouse, Burch & Cracchiolo, PA

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on May
4, 2021 and recommended approval, per the staff recommendation, by a vote of 17-0.
PC Action: The Planning Commission heard this case on May 6, 2021 and
recommended approval, per the Camelback East Village Planning Committee
recommendation, by a vote of 9-0.

Location
Southwest corner of 44th Street and Calle Feliz
Council District: 6
Parcel Address: 4337 E. Calle Feliz and 4750 N. 44th St.

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




Page 285
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-13-21-6) FROM R1-10 (SINGLE-FAMILY RESIDENCE
DISTRICT) TO R-O (RESIDENTIAL OFFICE – RESTRICTED
COMMERCIAL DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 0.43 acre site located at the southwest

corner of 44th Street and Calle Feliz in a portion of Section 19, Township 2 North,

Range 4 East, as described more specifically in Exhibit “A”, is hereby changed from

“R1-10” (Single-Family Residence District) to “R-O” (Residential Office – Restricted

Commercial District).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B”.

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

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




Page 286
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. Any changes to the footprint of the office building as depicted on the site plan
date stamped April 7, 2021 shall be reviewed and approved by the Planning
Hearing Officer through the public hearing process for stipulation modification
prior to preliminary site plan approval with specific regard to the inclusion of the
below elements. This is a legislative review for conceptual purposes only.
Specific development standards and requirements will be determined by the
Planning Hearing Officer and the Planning and Development Department.

a. Trees shall be placed to provide 75 percent shade coverage on all
pedestrian paths and sidewalks at full maturity. Shade structures may
be used to meet the shade requirement in places where trees are
unable to be located.

b. The office development shall be at a scale and intensity that reflects
adjacent residential uses and incorporate architectural features and
detailing that are consistent and compatible with existing residential
uses in the surrounding area.

2. There shall be a maximum building height of one story and 18 feet.

3. Minimum 2-inch caliper single-trunk shade trees shall be planted 20 feet on
center or in equivalent groupings along Calle Feliz and 44th Street, as
approved or modified by the Planning and Development Department.

4. A minimum of 75 percent live groundcover shall be provided within all
landscape areas.

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

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

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

8. Where pedestrian pathways cross drive aisles, they shall be constructed of
decorative pavers, stamped or colored concrete, or other pavement treatments


Page 287
that visually contrast with the adjacent parking and drive aisle surfaces, as
approved by the Planning and Development Department.

9. The developer shall provide a 10-foot sidewalk easement on the west half of
44th Street, as approved by the Planning and Development Department.

10. If alley access is proposed and approved, the alley shall be paved per local
street standards for the limits of the project, as approved by Planning and
Development Department.

11. 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.

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


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

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

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

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 2nd day of June, 2021.


________________________________
MAYOR

ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney




Page 288
REVIEWED BY:

____________________________City Manager

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




Page 289
EXHIBIT A

LEGAL DESCRIPTION FOR Z-13-21-6

LOT 63, REGENTS PARK, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE
OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA RECORDED IN
BOOK 63 OF MAPS, PAGE 40, LOCATED IN A PORTION OF THE SE 1/4 OF THE NE
1/4 OF THE NW 1/4 OF SECTION 19, T.2N, R.4E OF THE GILA & SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA.


CONTAINING 9,386 SF (0.215 AC.) MORE LESS.




Page 290
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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-11-21-8 -
Southwest Corner of 19th Street and McDowell Road (Ordinance G-6856)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-2 and P-1 to C-2 HP and P-1 HP to allow a Historic Preservation Overlay for the
Valley National Bank Branch #10 (now McDowell Place Senior Center).

Summary
Current Zoning: C-2 (Intermediate Commercial District) (0.56 acres) and P-1 (Parking
District) (0.78 acres)
Proposed Zoning: C-2 HP (Intermediate Commercial District, Historic Preservation)
(0.56 acres) and P-1 HP (Parking District, Historic Preservation) (0.78 acres)
Acreage: 1.34 acres
Proposed Use: Historic Preservation Overlay for the Valley National Bank Branch #10
(now McDowell Place Senior Center).

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

Staff Recommendation: Approval.
VPC Action: The Central City Village Planning Committee heard this case on April 12,
2021 and recommended approval, per the staff recommendation, by a vote of 10-0.
HPC Action: The Historic Preservation Commission heard this case on April 19, 2021
and recommended approval, per the staff recommendation, by a vote of 8-0.
PC Action: The Planning Commission heard this case on May 6, 2021 and
recommended approval, per the Central City Village Planning Committee and Historic
Preservation Commission recommendations, by a vote of 9-0.

Location
Southwest corner of 19th Street and McDowell Road.
Council District: 8
Parcel Addresses: 1838 E. Brill St. and 1845 E. McDowell Road


Page 292


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




Page 293
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-11-21-8) FROM C-2 (INTERMEDIATE COMMERCIAL
DISTRICT) AND P-1 (PASSENGER AUTOMOBILE PARKING,
LIMITED DISTRICT) TO C-2 HP (INTERMEDIATE COMMERCIAL,
HISTORIC PRESERVATION DISTRICT) AND P-1 HP
(PASSENGER AUTOMOBILE PARKING, LIMITED, HISTORIC
PRESERVATION DISTRICT) .

____________



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

follows:

SECTION 1. The zoning of a 1.34 acre property located at the southwest

corner of 19th Street and McDowell Road in a portion of Section 3, Township 1 North,

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

0.56 acres of “C-2” (Intermediate Commercial District) and 0.78 acres of “P-1”

(Passenger Automobile Parking, Limited District) to 0.56 acres of “C-2 HP”

(Intermediate Commercial, Historic Preservation District) and 0.78 acres of “P-1 HP”

(Passenger Automobile Parking, Limited, Historic Preservation District).




Page 294
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. If any section, subsection, sentence, clause, phrase or

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

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

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 2nd day of June, 2021.




________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



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




Page 295
EXHIBIT A

LEGAL DESCRIPTION FOR Z-11-21-8


A portion of the Northwest Quarter of Section 3, Township 1 North, Range 3 East of
the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly
described as follows:

PARCEL NO. 1:

Lot 1, Block 1, BOSTROM PLACE, according to the plat of record in the office of the
County Recorder of Maricopa County, Arizona, in Book 11 of Maps, page 10;

EXCEPT the North 7 feet thereof.



PARCEL NO. 2:

The East half of the South half of Lot 2, Block 1, BOSTROM PLACE, according to
the plat of record in the office of the County Recorder of Maricopa County, Arizona,
in Book 11 of Maps, page 10




Page 296
Page 297



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Item text
Public Hearing and Resolution Adoption - General Plan Amendment GPA-DV-1-
21-1 - Southeast Corner of I-17 and Pinnacle Peak Road (Resolution 21926)

Request to hold a public hearing on the request for the following item to consider
adopting the Planning Commission's recommendation and the related Resolution if
approved. This file is a companion case to Z-3-21-1 and should be heard first, followed
by Z-3-21-1.

Summary
Current Plan Designation: Industrial
Proposed Plan Designation: Mixed Use (Commercial/Commerce/Business
Park/Residential 5 to 10 dwelling units per acre and Residential 15+ dwelling units per
acre)
Acreage: 44.00
Reason for change: Minor General Pan Amendment to a mix of Commercial,
Commerce/Business Park, Residential 5 to 10, and Residential 15+ dwelling units per
acre.

Owner: DV 20 AC Limited Liability Partnership
Applicant: George Pasquel III, Withey Morris, PLC
Representative: George Pasquel III, Withey Morris, PLC

Staff Recommendation: Approval.
VPC Action: The Deer Valley Village Planning Committee heard the case on April 8,
2021 and recommended approval, per the staff recommendation, by a vote of 11-0.
PC Action: The Planning Commission heard the case on May 6, 2021 and
recommended approval, per the Deer Valley Village Planning Committee
recommendation, by a vote of 9-0.

Location
Southeast corner of I-17 and Pinnacle Peak Road
Council District: 1
Parcel Addresses: 23500 N. 23rd Ave.; 2321, 2335, and 2355 W. Pinnacle Peak Road;
and 22635 and 23201 N. Black Canyon Highway



Page 298

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




Page 299
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-DV-1-21-1, CHANGING THE LAND USE
CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN.
____________


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

follows:

SECTION 1. The 2015 Phoenix General Plan which was adopted by

Resolution No. 21307, is hereby amended by adopting GPA-DV-1-21-1, for 44.00

acres located on the southeast corner of I-17 and Pinnacle Peak Road, for Mixed Use

(Commercial / Commerce/Business Park / Residential 5 to 10 / Residential 15+

dwelling units per acre), as approved by the City Council on June 2, 2021 and that the

Planning and Development Director is instructed to modify The 2015 Phoenix General

Plan to reflect this land use classification change as shown below, as recommended

by staff:




Page 300
PASSED by the Council of the City of Phoenix this 2nd day of June 2021.



MAYOR

ATTEST:


City Clerk


APPROVED AS TO FORM:


Acting City Attorney


REVIEWED BY:


_______________________ City Manager
PL:amt:____v1 (CM __) (Item _) 3/17/21




Page 301
Attachment B




GENERAL PLAN AMENDMENT
STAFF ANALYSIS
April 6, 2021

Application: GPA-DV-1-21-1

Applicant: George Pasquel III, Withey Morris, PLC

Owner: DV 20 AC Limited Liability Partnership

Representative: George Pasquel III, Withey Morris, PLC

Location: Southeast corner of I-17 and Pinnacle Peak Road

Acreage: 44.00 acres

Current Plan Designation: Industrial (44.00 acres)

Requested Plan Designation: Mixed Use (Commercial / Commerce Park/Business
Park / Residential 5-10 / Residential 15+) (44.00
acres)

Reason for Requested Change: Minor General Plan Amendment to a mix of
Commercial, Commerce/Business Park, Residential
5 to 10, and Residential 15+ dwelling units per acre
Deer Valley Village Planning
Committee Date: April 8, 2021

Staff Recommendation: Approval

FINDINGS:

1) The companion rezoning case, Z-3-21-1, proposes development that is
consistent in scale and character with land uses in the surrounding area to the
north and south.

2) The Mixed Use (Commercial/Commerce Park/Business Park/Residential 5-10
and Residential 15+ du/ac) land use designation will permit new zoning to be
applied to the site that maximizes opportunities within the Deer Valley Major
Employment Center.




Page 302
Staff Analysis
GPA-DV-1-21-1
Page 2


3) The Mixed Use (Commercial / Commerce Park/Business Park / Residential 5-10
/ Residential 15+) land use designation will establish compatible uses in close
proximity to the Deer Valley Airport and surrounding properties.

BACKGROUND

The subject site is located on the southeast corner of Interstate 17 (I-17) and Pinnacle
Peak Road. The site is occupied by a seven-story hotel and four-story office building,
which have surface parking areas. These two building are located on the far
northwestern portion of the site. The companion Rezoning Case No. Z-3-21-1 is a
request to allow R-3 DVAO zoning for residential uses on the southern half of the site.

Currently the site has
a land use map
designation of
Industrial. The
requested land use
map designation will
allow for alternative
housing choices in the
area. Recent
development
suggests the I-17
corridor area north of
Williams Drive is
evolving from strictly
commercial uses to a
mixture of housing
choices and
commercial uses. The
General Plan Land
Use Map designation
north of Williams
Drive is Industrial.
The proposed land
use map change will
serve as a
continuation of the
proposed land use
designations to the north of the subject site. The area Aerial Map, Source: Withey Morris
has seen increased request for investment for multi-
family development north of Pinnacle Peak Road. Requested land use change is
concentrated at the western edge of the Deer Valley Overlay to ensure proposed land
uses are compatible with ongoing airport operations.




Page 303
Staff Analysis
GPA-DV-1-21-1
Page 3


Maps of the existing and proposed General Plan Land Use Map designations can be
found attached to this report.

This General Plan Amendment proposes a Mixed Use land use map designation of
Commercial / Commerce Park/Business Park / Residential 5-10 dwelling units per acre /
Residential 15+ dwelling unit per acre. This Mixed Use designation will allow
commercial, commerce park and residential land uses to locate on the site.

EXISTING CONDITIONS AND SURROUNDING LAND USES

The southern half of the subject site is generally flat and undeveloped. There are two
existing commercial building on the northwest quadrant of the site. The table below
(Figure 2) provides a summary of the surrounding General Plan (GP) Land Use Map
designations, existing land uses and zoning.

Location GP Land Use Existing Land Uses Zoning
North Residential 5 to 10 Multifamily Residential R-2 DVAO
(across dwelling units per
Pinnacle acre
Peak Road)
South Industrial Commercial office/vacant A-1 DVAO and
land/warehouse uses Industrial Park
East Industrial Warehouse uses and A-1 DVAO
(across vacant land
23rd
Avenue)
West Industrial and Vacant land C-1 DVAO, RE-43
(Across I- Transportation DVAO
17)
Surrounding Land Use Designations, Land Use and Zoning

The site is adjacent to the Interstate 17 Freeway and falls within the boundaries of the
Maricopa Association of Government’s Deer Valley Employment Center. This proximity
to the Interstate 17 Freeway and location within an Employment Center reinforces the
site’s capacity to support land uses associated with industry, employers and supportive
housing. The proposed Mixed Use designation supports a mix of land uses that will
maximize the area’s transportation infrastructure assets and will support the addition of
more residential and employers to the area.

RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PPRINCIPLES

Connect People and Places Core Value

• OPPORTUNITY SITES; LAND USE PRINCIPLE: Promote and encourage
compatible development and redevelopment with a mix of housing types in




Page 304
Staff Analysis
GPA-DV-1-21-1
Page 4


neighborhoods close to employment centers, commercial areas, and where
transit or transportation alternatives exist.

The proposed request supports by proposing multifamily residential that is
compatible in scale and intensity with the surrounding area and properties
adjacent to the site. The development is located in a mixed-use corridor where
adjacent properties are multifamily or commercial. The project site is also within a
designated employment center. The concentration of people near employment
uses promotes the sustainability of nearby commercial uses. The addition of the
opportunity to add additional housing choices is consistent with the goals of the
Housing Phoenix Plan.

BUILD THE SUSTAINANLE DESERT CITY CORE VALUE

The rezoning case proposes landscaping around all four sides of the building and
courtyards. Detached sidewalks along 23rd Avenue framed with landscape strips
will provide thermal comfort for pedestrians. The proposal also requires that a
minimum of 75 percent of public pedestrian pathways be shaded.

CONCLUSION AND RECOMMENDATION

Staff recommends approval of GPA-DV-1-21-1 as filed. The request aligns with the
goals and polices of the General Plan and will result in a land use designation that will
continue to support surrounding uses while maximizing the property’s location in an
Employment Center.

Writer

David Simmons
April 6, 2021

Exhibits
Sketch Map (1 page)




Page 305
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-DV-1-21-1 ACRES: 44.00 +/-
VILLAGE: Deer Valley COUNCIL DISTRICT: 1
APPLICANT: City of Phoenix Planning and Development Department
EXISTING:
Industrial ( 44.00 +/- Acres)




Proposed Change Area
Residential 5 to 10 du/ac
Mixed Use (Commercial / Commerce Park)
PINN
A CL E
Commerce/Business Park PE AK R
D
Industrial
Parks/Open Space - Publicly Owned 17
§
¦
¨
Public/Quasi-Public
Transportation




23RD AVE
PARKSIDE LN




PROPOSED CHANGE:
Mixed Use (Commercial/
Commerce Park/Business Park/
Residential 5 to10/Residential 15+) ( 44.00 +/- Acres)




Proposed Change Area PINN
A CL E
P EAK
Mixed Use (Commercial/ RD
Commerce Park/Business Park/
Residential 5 to 10 / 15+)
§
¦
¨



23RD AVE
PARKSIDE LN




Page 306
Attachment C




Village Planning Committee Meeting Summary
GPA-DV-1-21-1

Date of VPC Meeting April 8, 2021
Request To amend the General Plan Land Use Designation from
Industrial to Mixed Use (Commercial / Commerce
Park/Business Park / Residential 5-10 dwelling units per
acre / Residential 15+ dwelling units per acre)
Location Approximately 44.00 acres located at the southeast
corner of I-17 and Pinnacle Peak Road
Recommendation Approval

VPC DISCUSSION:

Cases GPA-DV-1-21-1 and Z-3-21-1 were heard concurrently.

Mr. David Simmons, staff, went over both the General Plan Amendment request
as well as the rezoning request. He explained that the character of the area
along the Interstate 17 corridor north of Williams Road is developing with
commercial and residential uses. Therefore, this request is consistent with other
developments in the area. Further, Mr. Simmons went over the conceptual site
plan and elevations and explained the rationale behind the stipulations.

Mr. Keith Greenberg asked if there is only one ingress/egress point.

Mr. Simmons explained that there is one primary ingress/egress point, but did
mention that the reis a fire access point on the northeast former of the site.

Mr. Jason Morris and Mr. George Pasquel, with Withey Morris, representing
the applicant, co-presented. They went over the General Plan Amendment
request first followed by the companions rezoning request. Mr. Morris shared
that the Mac Real Estate Group typically develops industrial uses, however,
they are interested in developing workforce housing for their industrial
developments in the area. Mr. Morris went into great detail about ingress/egress
and shared that the original site plan submitted with the request depicted two
fire access points, but due to staff’s comments one of these fire access points
was eliminated. Mr. Morris went on to explain that the main entry point is gated
and will include landscape enhancements. Mr. Morris spoke to Mr. Greenburg’s
inquiry in regard to ingress/egress. Mr. Morris shared the preliminary rendering
to show spacing between units and amenity areas.

Mr. Stuart Kimball joined the meeting at 6:32, bringing quorum to 11.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 307
Mr. Ricardo Romero asked about public outreach for the GPA request.

Mr. Morris shared that they did do a great deal of public outreach and
collaborated with the property owners to the north resulting in the GPA
application including those parcels. Further, he shard that there was no public
opposition to the GPA or rezoning request.

Mr. Romero asked if this is their clients first residential product type.

Mr. Morris shared that Mac Real Estate Group has been in business for over 50
years and they have developed residential uses in the past.

Mr. Bill Levy asked if the pool was heated.

Mr. Morris shared that the pool will be heated.

Mr. Levy asked about the price points of the units.

Mr. Morris shared that the price points have yet to be established.

Vice Chair Trilese DiLeo asked if the units were to be rentals or lot sales.

Mr. Morris shared that they will be high end rentals. With a single-family feel.

Vice Chair DiLeo asked if the rents were going to be in the median range.

Mr. Morris shared that the rents will be in the median price range for the
surrounding workforce.

Mr. Ozzie Virgil asked the applicant what size the units were going to be.

Mr. Morris shared that there will be 1, 2 and 3 bedroom units with individual
electrical meters. He shared that the concept is to serve the workforce in the
immediate area.

Mr. Virgil asked Mr. Morris where the applicant recently purchased nearby
property for industrial uses.

Mr. Morris shared that his client was the successful bidder on State Trust Land
just north of Deer Valley Airport.

Mr. Virgil shared that he has concerns with overflight air traffic from Deer Valley
Airport.

Mr. Morris shared that he and his team had met with the Aviation staff and they
are ok with the request. Otherwise, they would not have moved forward.

Mr. Virgil shared that he is more concerned about residential so close to the
airport.

Mr. Morris shared that the Aviation department does not want to see residential
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 308
east of 23rd Avenue or south of the subject site.

Public Comment:

Ms. Peggy Neely shared that she supports the proposal.

Tina Larsen, owner of Candid Realty, spoke in favor of the proposal and shared
that this will be a great addition to the area. She shared that these are desirable
rentals as they are more single-family like. This is workforce housing, which is
needed in the area.

VPC Discussion:

None

MOTION: Vice Chair Trilese DiLeo motioned to recommend approval per staff’s
recommendation for General Plan Amendment Case No. GPA-DV-1-21-1.
Committee member Mr. Brandon Shipman seconded the motion.

VOTE: 11-0, motion to recommend approval passed, with Committee
Members Grossman, DiLeo, Fergis, Gardner, Greenburg, Kenney, Kimball,
Levy, Romero, Shipman and Virgil in favor.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 309
Attachment D

REPORT OF PLANNING COMMISSION ACTION
May 6, 2021

ITEM NO: 8
DISTRICT NO.: 1
SUBJECT:

Application #: GPA-DV-1-21-1 (Companion Case Z-3-21-1)
Location: Southeast corner of I-17 and Pinnacle Peak Road
From: Industrial
To: Mixed Use (Commercial, Commerce/Business Park, Residential 5
to10, and Residential 15+ dwelling units per acre)
Acreage: 44.00
Proposal: Minor General Plan Amendment to a mix of Commercial,
Commerce/Business Park, Residential 5 to 10, and Residential 15+
dwelling units per acre.
Applicant: George Pasquel III, Withey Morris PLC
Owner: DV 20 AC Limited Liability Partnership, et al.
Representative: George Pasquel III, Withey Morris PLC

ACTIONS:

Staff Recommendation: Approval.

Village Planning Committee (VPC) Recommendation:
Deer Valley 4/8/2021 Approval. Vote: 11-0.

Planning Commission Recommendation: Approval, per the Deer Valley Village Planning
Committee recommendation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve GPA-DV-1-21-1, per
the Deer Valley Village Planning Committee recommendation.

Maker: Howard
Second: McCabe
Vote: 9-0
Absent: None
Opposition Present: One registration in opposition; however, they were not
present at the meeting.

Findings:

1. The companion rezoning case, Z-3-21-1, proposes development that is
consistent in scale and character with land uses in the surrounding area to the
north and south.

2. The Mixed Use (Commercial/Commerce Park/Business Park/Residential 5-10
and Residential 15+ dwelling units per acre) land use designation will permit




Page 310
new zoning to be applied to the site that maximizes opportunities within the
Deer Valley Major Employment Center.

3. The Mixed Use (Commercial/Commerce Park/Business Park/Residential 5-
10/Residential 15+ dwelling units per acre) land use designation will establish
compatible uses in close proximity to the Deer Valley Airport and surrounding
properties.

This publication can be made available in alternate format upon request. Please contact
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 311



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Ordinance Adoption - Amend City Code - Rezoning
Application Z-3-21-1 - Approximately 825 Feet South of the Southwest Corner of
23rd Avenue and Pinnacle Peak Road (Ordinance G-6862)

Request to hold a public hearing on the request to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-3-21-1 and rezone the site from RE-43 DVAO (One-Family Residence
District, Deer Valley Airport Overlay) to R-3 DVAO (Multifamily Residence District, Deer
Valley Airport Overlay) for multifamily residential. This is a companion case to GPA-DV-
1-21-1.

Summary
Current Zoning: RE-43 DVAO
Proposed Zoning: R-3 DVAO
Acreage: 20.72 acres
Proposed Use: Multifamily residential

Owner: DV 20 AC Limited Liability Partnership
Applicant: George Pasquel III, Withey Morris, PLC
Representative: George Pasquel III, Withey Morris, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Deer Valley Village Planning Committee heard the case on April 8,
2021 and recommended approval, per the staff recommendation, by a 10-1 vote.
PC Action: The Planning Commission heard the case on May 6, 2021 and
recommended approval, per the Deer Valley Village Planning Committee
recommendation and staff memo, with an additional stipulation by a 9-0 vote.

Location
Approximately 825 feet south of the southwest corner of 23rd Avenue and Pinnacle
Peak Road
Council District: 1
Parcel Addresses: 2321 W. Pinnacle Peak Road, and 22635 and 23201 N. Black
Canyon Highway



Page 312

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




Page 313
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-3-21-1) FROM RE-43 DVAO (ONE-FAMILY RESIDENCE
DISTRICT, DEER VALLEY AIRPORT OVERLAY) TO R-3 DVAO
(MULTIFAMILY RESIDENCE DISTRICT, DEER VALLEY
AIRPORT OVERLAY).

____________



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

follows:

SECTION 1. The zoning of a 20.72-acre site located approximately 825

feet south of the southwest corner of 23rd Avenue and Pinnacle Peak Road in a portion

of Section 13, Township 4 North, Range 2 East, as described more specifically in

Exhibit “A”, is hereby changed from “RE-43 DVAO” (One-Family Residence District,

Deer Valley Airport Overlay) to “R-3 DVAO” (Multifamily Residence District, Deer Valley

Airport Overlay).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B”.




Page 314
SECTION 3. Due to the site’s specific physical conditions and the use

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

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

Phoenix Zoning Ordinance:

1. The maximum building height shall be 30 feet.

2. The development shall be limited to 297 units.

3. The development shall be in general conformance with the elevations date
stamped March 24, 2021, as modified by the following stipulations and
approved by the Planning and Development Department.

4. An enhanced landscaped entry shall be provided at the main entryway into the
development off of 23rd Avenue with a minimum 300 square feet of landscaped
area on each side of the entrance. The landscaped entries shall be planted and
maintained with a variety of at least three different plant materials, as approved
by the Planning and Development Department.

5. A minimum landscape setback of 25 feet shall be required along the west
property line along the Interstate 17 (I-17) frontage road and shall include
minimum 3-inch caliper large canopy shade trees planted a minimum of 20 feet
on center or in equivalent groupings, as approved by the Planning and
Development Department.

6. There shall be a minimum of four private open space amenity areas, three of
which shall be centrally located. A minimum of 6 percent of the area shall be
preserved as open space exclusive of landscape setbacks. Each area shall
provide, at a minimum, one of the following amenity elements or other similar
elements, as approved by the Planning and Development Department:

• Swimming Pool

• Fire Pit

• Pavilion or Ramada

• Dog park

7. The perimeter pedestrian pathway shall be provided as depicted on the site
plan date stamped March 24, 2021 and shall reflect a common landscaping
theme and include a minimum of three-inch caliper shade trees placed 20 feet
on center exclusive of driveway/roadway crossings, as approved by the
Planning and Development Department.



Page 315
8. Where pedestrian pathways cross drive aisles, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave parking surfaces and drive aisles, as
approved by the Planning and Development Department.

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

10. Perimeter walls shall incorporate stone veneer, stonework, integral color CMU
block, split face block or faux stone, as approved by the Planning and
Development Department.

11. A minimum 5-foot-wide detached sidewalk shall be provided along 23rd
Avenue with a minimum 13-foot-wide landscape area located between the
sidewalk and back of curb and planted to the following standards, as approved
by the Planning and Development Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or in equivalent groupings to provide a
minimum of 75 percent shade on the adjacent sidewalk.

b. Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75% live coverage
at maturity.

12. Structural or vegetative shade shall be provided for every 8 parking spaces, as
approved by the Planning and Development Department.

13. The developer shall provide secured bicycle parking provide parking per
Section 1307 of the City of Phoenix Zoning Ordinance. In addition, a minimum
of eight inverted U-bicycle racks shall be provided for guests located near the
club house/leasing office and installed per the requirements of Section 1307.H.
of the Zoning Ordinance, as approved by the Planning and Development
Department.

14. The developer shall dedicate minimum 50 feet of right-of-way and construct the
west half of 23rd Avenue for the full limits of the project, per Cross Section D
standards identified on the City of Phoenix Street Classification Map, as
approved by the Planning and Development Department.

15. In compliance with the Complete Streets Ordinance, the developer shall submit
a signing and striping plan to include an extension of the bike lane for the full
limits of the project frontage.

16. A Red Border Letter shall be processed for this development, as approved by
the Street Transportation Department.



Page 316
17. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.

18. The developer must file FAA Form 7460 and provide City FAA’s no hazard
determination prior to construction permit approval, as per plans approved by
the Planning and Development Department.

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

20. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Deer Valley Airport (DVT) 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.

21. Prior to issuance of a final certificate of occupancy, the developer must install a
sign (approximately 8 inches by 11 inches in size) within the development's
sales/leasing office that is visible to prospective renters or purchases which
discloses the proximity of the Deer Valley Airport and increased frequency of
overflight and related aircraft noise, as approved by the Aviation Department.

22. The indoor noise levels shall not exceed a decibel day night-level (DNL) of 45
decibels and that along with the building plans submitted for Phoenix Building
Construction Code compliance review to the Planning and Development
Department there shall be a sealed and signed analysis by an engineer
licensed in Arizona with a proficiency in residential sound mitigation or noise
control. The engineer shall note in the analysis that the building design is
capable of achieving the required Noise Level Reduction.

23. Noise mitigation walls shall be provided along the western boundary of the
development. The wall height shall be determined through a noise analysis
prepared and sealed by a registered professional engineer. The walls shall
contain no openings unless they are above the minimum height required for
adequate noise mitigation or for drainage. The walls shall wrap around to the
north and south property lines and shall continue for at least 90 feet, as
approved by the Planning and Development Department. A wall detail sealed
by a registered professional engineer, demonstrating that the walls will reduce
noise to 65 Decibels or lower shall be submitted prior to preliminary site plan
approval.

24. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the



Page 317
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

25. 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.

26. 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.

27. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.


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

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

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

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 2nd day of June, 2021.


________________________________
MAYOR

ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney



REVIEWED BY:

____________________________City Manager


Page 318
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 319
EXHIBIT A

LEGAL DESCRIPTION FOR Z-3-21-1

THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE
NORTHWEST QUARTER (N½ N½ NW ¼) LYING EAST OF THE MEDIAN
CENTERLINE OF BLACK CANYON HIGHWAY, INTERSTATE 17. SAID
CENTERLINE BEING DESCRIBED AS FOLLOWS: FROM A POINT ON THE NORTH
LINE OF SAID SECTION, 1715.05 FEET WESTERLY OF THE NORTH QUARTER
CORNER THEREOF, PROCEED SOUTH 9° 57’ 34” EAST TO A POINT OF
TERMINATION ON THE SOUTH LINE OF SAID NORTH HALF OF THE NORTH HALF
OF THE NORTHWEST QUARTER (N½ N½ NW ¼) OF SECTION 13, TOWNSHIP 4
NORTH, RANGE 2 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA.




Page 320
Page 321
Attachment B




Staff Report Z-3-21-1
April 6, 2021

Deer Valley Village Planning April 8, 2021
Committee Meeting Date:

Planning Commission Hearing May 6, 2021
Date:
Request From: RE-43 DVAO (One-family Residence District, Deer
Valley Airport Overlay) (20.72 acres)
Request To: R-3 DVAO (Multifamily Residence District, Deer
Valley Airport Overlay) (20.72 acres)
Proposed Use: Multifamily residential

Location: Approximately 825 feet south of the southwest
corner of 23rd Avenue and Pinnacle Peak Road
Owner: DV 20 AC Limited Liability Partnership

Applicant: George Pasquel III, Withey Morris, PLC
Representative: George Pasquel III, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations


General Plan Conformity
Current: Industrial

General Plan Land Use Map Proposed (GPA-DV-1-21-1): Mixed Use
Designation (Commercial / Commerce Park/Business
Park / Residential 5-10 / Residential 15+
dwelling units per acre) (44 acres)
Black Approximately 285 to 375
Existing
Canyon feet east half, including
Freeway
Highway frontage roads
Street Map Classification

23rd Avenue Collector 40-foot west half street




Page 322
Staff Report: Z-3-21-1
April 6, 2021


CELEBRATE OUR DIVERSE COMMUNITITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY AND CHARACTER; LAND USE PRINCIPLE: New development
and expansion or redevelopment of existing development in or near residential
areas should be compatible with existing uses and consistent with adopted plans.

As stipulated, the proposed development is compatible with existing nearby uses by
employing compatibility measures such as increased setbacks and enhanced landscape
standards.

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY AND CHARACTER; DESIGN PRINCIPLE: Protect and enhance
the character of each neighborhood and its various housing lifestyles through
new development that is compatible in scale, design, and appearance.

The proposal promotes the expansion of residential land uses in the area. As stipulated,
the proposed development is consistent with the scale, design, and zoning which has
been approved in the surrounding area.

CONNECT PEOPLE & PLACES CORE VALUE; OPPORTUNITY SITES; LAND USE
PRINCIPLE; Promote and encourage compatible development and redevelopment
with a mix of housing types in neighborhoods close to employment centers,
commercial areas, and where transit or transportation alternatives exist.

The subject site is located within the boundaries of the Phoenix Designated Employment
Center of Deer Valley and located in close proximity to the Black Canyon Highway where
higher density and intensity uses are encouraged.

BUILD THE SUSTAINANLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLES: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.

The rezoning case proposes enhanced landscaping around the development and
internal landscaped areas. A detached sidewalk along 23rd Avenue includes landscape
areas with shade trees on both sides of the sidewalk to provide thermal comfort for
pedestrians. The proposal also requires that a minimum of 56,943 square feet of the site
reserved as open space and a perimeter walking path to include a minimum of three-
inch caliper shade trees placed 20 feet on center.




Page 323
Staff Report: Z-3-21-1
April 6, 2021


Applicable Plans, Overlays, and Initiatives
Deer Valley Major Employment Center – See Background Item No. 6

Housing Phoenix Plan – See Background Item No. 7

Supporting documents

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Item text
Comprehensive Bicycle Master Plan – See background item No. 9

Supporting documents

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Item text
Surrounding Land Uses/Zoning
Land Use Zoning
On Site Vacant RE-43 (One-Family Residence)
North Vacant and Commercial A-1 M-R (Light Industrial District,
Office Mid-Rise District)
South Vacant and Commercial A-1 (Light Industrial District) and Ind
Office/Warehouse Pk
East Warehouse and Commercial A-1 (Light Industrial District)
Office
West Black Canyon Freeway and C-1 (Neighborhood Retail)
vacant land (across the Black
Canyon Freeway)

R-3 Multifamily Residence District
(Planned Residential Development Option)
Provisions on the Proposed
Standards Requirements
Site Plan
Gross Acreage 20.72 acres
Maximum Total Numbers of 315; up to 360 with bonus 297 units
Units
Maximum Dwelling Unit 15.23; 17.40 with bonus Met – approximately 14.33
Density
(units/gross acre)
Maximum Lot Coverage 45% Met – 29%


Perimeter Standards Minimum 20 feet adjacent to Met – 20 feet (adjacent to 23rd
(Building Setbacks) public streets Avenue)




Page 324
Staff Report: Z-3-21-1
April 6, 2021


Met – 25 feet (adjacent to I-17
frontage road)

Minimum 15 feet adjacent to Not Met – 10 feet*
property lines
Perimeter Landscape Minimum 20 feet adjacent to Met – 20 feet (adjacent to 23rd
Setbacks public streets Avenue)

Met – 25 feet (adjacent to I-17
frontage road)

Minimum 5 feet adjacent to Met – 10 feet
property lines
Maximum Building Height 2 stories or 30 feet Met - 2 stories and 27 feet

*There shall be a 15-foot
maximum height within 10
feet of a single-family zoned
district, which height may be
increased one foot for each
additional one foot of
building setback to the
maximum permitted height.
Common Areas Minimum 5% of gross area Met – approximately 6.65%


Parking Standards 610 spaces total Met – 671 spaces
*Variance or site plan adjustment required

Background / Issues / Analysis

1. SUBJECT SITE

This request is to rezone a 20.72-acre site, located approximately 825 feet south of the
southwest corner of 23rd Avenue and Pinnacle Peak Road from RE-43 (One-Family
Residence) to R-3 (Multifamily Residence District) to allow multifamily residential and
commercial.

The subject site was annexed into the City of Phoenix from Maricopa County in 1972. At
the time of annexation, the area was comprised of raw, undeveloped desert. The area
was slow to develop. Around 2002 industrial and commerce park uses started
developing in the area and by 2019 most of the area had developed as is seen today
with commercial office, a hotel, commerce park and industrial uses. Residential uses



Page 325
Staff Report: Z-3-21-1
April 6, 2021


are present to the north of the subject site, across Pinnacle Peak Road. The site is
comprised of one large vacant lot and has never been developed.

Access to the site is limited with the only access from 23rd Avenue. The Black Canyon
Freeway frontage road is located west of the site, but access is not feasible due to a
large drainage basin abutting the site to the west.




Maricopa County Historic Aerials, Source: Maricopa County


2. ZONING AND LAND USE

Subject Site:
The subject site is zoned RE-43
(One-Family Residence) and is
undeveloped on 20.72 acres.

North:
The parcels abutting the subject
site on the north are zoned A-1,
approved through Rezoning Case
No. Z-86-87. The parcel to the
northwest developed as
commercial office in 2007. The
parcel abutting to the north is
currently vacant.

South:
The west portion of the land to the Surrounding Zoning, Source: Planning and
south and west of the subject site is Development Department
zoned A-1 (Light Industrial District),
approved through Rezoning Case No. Z-6-16
and is currently vacant. The east portion of the land to the south of the subject site is




Page 326
Staff Report: Z-3-21-1
April 6, 2021


zoned IND. PK., vacant adjacent to 23rd Avenue approved through Rezoning Case No.
Z-218-85 and developed as commercial office suites in 2007.

East:
The parcels to the east of the site, across 23rd Avenue, are zoned A-1, approved
through Rezoning Case No. Z-195-81 and developed with a warehouse in 2016 and a
commercial office to the south of the warehouse site in 2009.
West:
Immediately west of the subject site is the Black Canyon Freeway and its frontage
roads. Beyond the Black Canyon Freeway (approximately 600 feet) is a vacant lot
zoned C-1, approved through Annexation No. 102.

3. GENERAL PLAN

Subject Site:
The property’s current Industrial General Plan Land Use Map designation only supports
industrial land uses on the site. A companion General Plan Amendment request (GPA-
DV-1-21-1) proposes a Mixed Use land use designation of Commercial / Commerce
Park/Business Park / Residential 5-10 dwelling units per acre / Residential 15+ dwelling
units per acre. This Mixed Use designation will allow commercial, commerce park and
residential land uses the flexibility to locate on any portion of the site and the four
parcels to the north, south of Pinnacle Peak Road.




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




Page 327
Staff Report: Z-3-21-1
April 6, 2021



North:
The General Plan
Land Use
Map designation for
the properties
to the north are
Industrial and are part
of the companion GPA
request, GPA-DV-1-
21-1. Further north,
across Pinnacle peak
Road, the General
Plan Land Use
designation is
Residential 5 to 10
dwelling units per
acre.

East:
The General Plan
Land Use Map
designation for the
properties to the east,
across 23rd Avenue,
are Industrial.

South:
The General Plan
Land Use Map
designation for the properties to the south are Industrial.

West (Across Black Canyon Freeway).
The General Plan Land Use Map designation for the areas immediately west of the site
across the Black Canyon Freeway is Commerce/Business Park and Parks/Open Space-
Public.

4. SITE PLAN

The conceptual site plan depicts a single-family residential townhome development with
attached and detached units. The site plan indicates a single main point of entry from
23rd Avenue and a secondary ingress/egress for emergency services located on the
northeast corner of the site also along 23rd Avenue. The main point of entry along 23rd
Avenue will include enhanced landscaping as recommended in Stipulation No. 4.




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Staff Report: Z-3-21-1
April 6, 2021



Due to its location immediately adjacent to the Black Canyon Freeway, staff is
recommending a series of stipulations to enhance the perimeter treatment of the site to
mitigate any potential impact from the freeway.

To achieve consistency with other developments in the surrounding area staff is
requesting several enhancements. Enhanced separation between the subject site and
the Black Canyon Freeway frontage road will help to mitigate traffic noise. A noise
mitigation wall and enhanced landscaping is recommended along the western property
boundary. These are addressed in Stipulation Nos. 5 and 23.

The proposal for 297 units limits the number of dwellings allowed under the R-3 zoning
district, which is consistent with other developments in the area. To ensure the site
develops with no more than 297 units staff is recommending Stipulation No. 2.

The conceptual site plan includes three centrally located open space areas containing a
minimum of one amenity in each area. Amenities in the open space areas will help to
create a sense of community. A dog park and perimeter pedestrian pathway are also
proposed on the conceptual site plan. Staff is recommending Stipulation Nos. 6 and 7 to
ensure the site develops as proposed.

For visual continuity with the surrounding developments in the area staff recommends
design standards for the perimeter walls as previously stipulated in the area. This is
addressed in Stipulation No. 10. The conceptual site plan is attached below.


5. ELEVATIONS

The proposal includes conceptual elevations that illustrate variations in roofline, window
shapes and sizes, architectural embellishments and textural changes.
The building height is capped at two stories and 30 feet. To ensure the elevations
include architectural details and the proposed building height, staff is recommending
Stipulation Nos. 1 and 3.




Conceptual Elevations, Source: Synectic Design




Page 329
Staff Report: Z-3-21-1
April 6, 2021



6. DEER VALLEY MAJOR EMPLOYMENT CENTER

The subject site is located within the
Deer Valley Major Employment
Center. The proposal adds housing
options within the employment center.




Employment Center Map: Source: City of Phoenix Planning and Development
Department



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 increased housing options for
residents at all income levels and family sizes. Phoenix’s rapid population growth and
housing underproduction has led to a need for over 163,000 new housing units. Current
shortages of housing supply relative to demand are a primary reason why housing costs
are increasing.

The proposed development supports the Plan’s goal of preserving or creating 50,000
housing units by 2030 by contributing to a variety housing types that will address the
supply shortage at a more rapid pace while using vacant land in a more sustainable
fashion.

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.



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Staff Report: Z-3-21-1
April 6, 2021


Sidewalks on the street frontages should be detached from the curbs to allow trees to
be planted on both sides of the sidewalk to provide thermal comfort for pedestrians and
to reduce the urban heat island effect. Staff is recommending several stipulations
designed to provide trees and enhance shade within and adjacent to the development.
Staff is recommending stipulations for a shaded sidewalk along 23rd Avenue, in addition
to enhanced tree and landscape areas and planting standards along the proposed
pedestrian pathway circling the site, in and around the parking areas and along the west
property line. These are addressed in Stipulation Nos. 5, 7, 11 and 12.

9. Comprehensive Bicycle Master Plan

The Comprehensive Bicycle Master Plan also supports options for both short-and long-
term bicycle parking as a means of promoting bicyclist traffic to a variety of destinations.
The proposal requires bicycle parking spaces be provided on the site. Bicycle racks
shall consist of an inverted-U or other decorative design and installed per the
requirements of Section 1307. H. This is addressed in Stipulation No. 13.

10. Zero Waste PHX

The City of Phoenix is committed to its waste diversion efforts and has set a goal to
become a zero-waste city, as part of the city’s overall 2050 Environmental Sustainability
Goals. One of the ways Phoenix can achieve this is to improve and expand its recycling
and other waste diversion programs. Section 716 of the Phoenix Zoning Ordinance
establishes standards to encourage the provision of recycling containers for multifamily,
commercial and mixed-use developments meeting certain criteria. The proposed
conceptual site plan does not show recycling facilities.
COMMUNITY INPUT SUMMARY

11. At the time the staff report was written three letters of support had been received.

INTERDEPARTMENTAL COMMENTS

12. The Street Transportation Department commented that the developer shall
construct all roadway infrastructure to code standards, submit a signing and
striping plan to include an extension of the bike lane, and process a Red
Border letter with ADOT. These are addressed in Stipulation Nos. 14, 15, 16
and 17.

13. The Pedestrian Safety Coordinator, from the Traffic Services Division of the
Street Transportation Department, has required that pedestrian pathways that
cross drive isles be constructed with decorative pavers, stamped or colored
concrete or another material that contrasts with the drive isle and parking
surfaces. Additionally, they have required that clearly defined accessible
pedestrian pathways be provided to connect building entrances, public




Page 331
Staff Report: Z-3-21-1
April 6, 2021


sidewalks and bus stops. These are addressed in Stipulation Nos. 8 and 9.

14. The Aviation Department commented the site is located within the Phoenix
Deer Valley Airport (DVT) traffic pattern airspace. The developer must file FAA
Form 7460, record an avigation easement over the site, record documents that
disclose the existence and operational characteristics of the airport to future
owners or tenants, install signage within the developments sales/leasing office
regarding the airport and overflights, and ensure indoor noise levels do not
exceed a decibel day night-level of 45 decibels. These are addressed in
Stipulation Nos. 18 through 22.

15. The Floodplain Management Division of the Public Works Department
commented It has been determined that this parcel is not in a Special Flood
Hazard Area (SFHA).

16. The City of Phoenix Fire Department does not anticipate any problems with this
case. However, they noted that there appears to be decorative pavers on the
emergency service access road on the west side. All emergency service
access roads will need to meet the specifications in Section 503.2 (2018 PFC).
They also noted that the site and/or buildings shall comply with the Phoenix
Fire Code and requested additional detail be provided on future site plan
submittals.

17. The Water Services Department indicated that the site is surrounded with
existing water and sewer mains that can potentially serve the development.
OTHER

18. The site is located in a larger area identified as being archaeologically
sensitive. If further review by the City of Phoenix Archaeology Office
determines the site and immediate area to be archaeologically sensitive, and if
no previous archaeological projects have been conducted within this project
area, it is recommended that archaeological Phase I data testing of this area be
conducted. Phase II archaeological data recovery excavations may be
necessary based upon the results of the testing. A qualified archaeologist must
make this determination in consultation with the City of Phoenix Archaeologist.
In the event archaeological materials are encountered during construction, all
ground disturbing activities must cease within a 33-foot radius of the discovery
and the City of Phoenix Archaeology Office must be notified immediately and
allowed time to properly assess the materials. These are addressed in
Stipulation Nos. 24, 25 and 26.

19. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements.
Other formal actions such as, but not limited to, zoning adjustments and



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Staff Report: Z-3-21-1
April 6, 2021


abandonments, may be required.

Findings

1. The request is not consistent with the General Plan Land Use Map designation
of Industrial but will be consistent if the companion case (GPA-DV-1-20-1) is
approved.

2. As stipulated, the proposed development is compatible with the existing zoning
and uses in the surrounding area.

3. The proposal will redevelop an underutilized property and provide a high quality
multifamily residential development which will help alleviate the housing
shortage in Phoenix.

Stipulations

1. The maximum building height shall be 30 feet.

2. The development shall be limited to 297 units.

3. The development shall be in general conformance with the elevations date
stamped March 24, 2021, as modified by the following stipulations and approved
by the Planning and Development Department.

4. An enhanced landscaped entry shall be provided at the main entryway into the
development off of 23rd Avenue with a minimum 300 square feet of landscaped
area on each side of the entrance. The landscaped entries shall be planted and
maintained with a variety of at least three different plant materials, as approved
by the Planning and Development Department.

5. A minimum landscape setback of 25 feet shall be required along the west
property line along the Interstate 17 (I-17) frontage road and shall include
minimum 3-inch caliper large canopy shade trees planted a minimum of 20 feet
on center or in equivalent groupings, as approved by the Planning and
Development Department.

6. There shall be a minimum of four private open space amenity areas, three of
which shall be centrally located. A minimum of 6 percent of the area shall be
preserved as open space exclusive of landscape setbacks. Each area shall
provide, at a minimum, one of the following amenity elements or other similar
elements, as approved by the Planning and Development Department:

• Swimming Pool




Page 333
Staff Report: Z-3-21-1
April 6, 2021



• Fire Pit

• Pavilion or Ramada

• Dog park

7. The perimeter pedestrian pathway shall be provided as depicted on the site plan
date stamped March 24, 2021 and shall reflect a common landscaping theme
and include a minimum of three-inch caliper shade trees placed 20 feet on
center exclusive of driveway/roadway crossings, as approved by the Planning
and Development Department.

8. Where pedestrian pathways cross drive aisles, the pathway shall be constructed
of decorative pavers, stamped or colored concrete, or another material, other
than those used to pave parking surfaces and drive aisles, as approved by the
Planning and Development Department.

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

10. Perimeter walls shall incorporate stone veneer, stonework, integral color CMU
block, split face block or faux stone, as approved by the Planning and
Development Department.

11. A minimum 5-foot-wide detached sidewalk shall be provided along 23rd Avenue
with a minimum 13-foot-wide landscape area located between the sidewalk and
back of curb and planted to the following standards, as approved by the
Planning and Development Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or in equivalent groupings to provide a
minimum of 75 percent shade on the adjacent sidewalk.

b. Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75% live coverage at
maturity.

12. Structural or vegetative shade shall be provided for every 8 parking spaces, as
approved by the Planning and Development Department.

13. The developer shall provide secured bicycle parking provide parking per Section
1307 of the City of Phoenix Zoning Ordinance. In addition, a minimum of eight




Page 334
Staff Report: Z-3-21-1
April 6, 2021


inverted U-bicycle racks shall be provided for guests located near the club
house/leasing office and installed per the requirements of Section 1307.H of the
Zoning Ordinance, as approved by the Planning and Development Department.

14. The developer shall dedicate minimum 50-feet of right-of-way and construct the
west half of 23rd Avenue for the full limits of the project, per Cross Section D
standards identified on the City of Phoenix Street Classification Map, as
approved by the Planning and Development Department.

15. In compliance with the Complete Streets Ordinance, the developer shall submit
a signing and striping plan to include an extension of the bike lane for the full
limits of the project frontage.

16. A Red Border Letter shall be processed for this development, as approved by
the Street Transportation Department.

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

18. The developer must file FAA Form 7460 and provide City FAA’s no hazard
determination prior to construction permit approval, as per plans approved by the
Planning and Development Department.

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

20. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Deer Valley Airport (DVT) 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.

21. Prior to issuance of a final certificate of occupancy, the developer must install a
sign (approximately 8 inches by 11 inches in size) within the development's
sales/leasing office that is visible to prospective renters or purchases which
discloses the proximity of the Deer Valley Airport and increased frequency of
overflight and related aircraft noise, as approved by the Aviation Department.

22. The indoor noise levels shall not exceed a decibel day night-level (DNL) of 45
decibels and that along with the building plans submitted for Phoenix Building




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Staff Report: Z-3-21-1
April 6, 2021


Construction Code compliance review to the Planning and Development
Department there shall be a sealed and signed analysis by an engineer licensed
in Arizona with a proficiency in residential sound mitigation or noise control. The
engineer shall note in the analysis that the building design is capable of
achieving the required Noise Level Reduction.

23. Noise mitigation walls shall be provided along the western boundary of the
development. The wall height shall be determined through a noise analysis
prepared and sealed by a registered professional engineer. The walls shall
contain no openings unless they are above the minimum height required for
adequate noise mitigation or for drainage. The walls shall wrap around to the
north and south property lines and shall continue for at least 120 feet, as
approved by the Planning and Development Department. A wall detail sealed by
a registered professional engineer, demonstrating that the walls will reduce
noise to 65 Decibels or lower shall be submitted prior to preliminary site plan
approval.

24. 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.

25. 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.

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

Writer
David Simmons
April 6, 2021

Team Leader
Samantha Keating

Exhibits
Zoning sketch map
Aerial sketch map
Community Correspondence (3 pages)
Site plan date stamped March 24, 2021 (1 page)




Page 336
Staff Report: Z-3-21-1
April 6, 2021


Elevations date stamped March 24, 2021 (4 pages)




Page 337
R-2* A-1
I17 RMP CP/GCP * Z-54-15
S-1 Z-39-06
D
EAK R
CLE P
PIN NA



A-1 M-R*
Z-86-87

Deer Valley
RE-43 Airport Overlay
District (DVAO)




A-1 *
C-1 CZ-195-81




23RD AVE
BLAC K
CP/BP * A-1
* IND.PK. *
Z-218-85
C AN YO
Z-139-03
ANX 102 Z-6-16
PARKSIDE LN

N H WY
Black Canyon/Maricopa
RE-43 *
CP/GCP SP* Freeway Specific Plan IND. PK.*
Z-SP-6-09
Z-SP-17-89 Z-218-85



27TH AVE
C-1*
RH *
Z-380-84 C-2 *
Z-380-84
RH * Z-SP-11-77
Z-380-84

C-2 *
Z-380-84




IMiles
JOMAX RD

HAPPY VALLEY RD
Z-3-21

PINNACLE PEAK RD
0.09 0.045 0 0.09
DEER VALLEY VILLAGE
DEER VALLEY DR

SR 101
CITY COUNCIL DISTRICT: 1 UNION HILLS DR

BELL RD

7TH ST 16TH ST
7TH AVE
GREENWAY RD


35TH AVE 19TH AVE
I - 17

51ST AVE 43RD AVE



APPLICANT'S NAME: REQUESTED CHANGE:
George Pasquel III, Withey Morris, PLC
APPLICATION NO. DATE:
2/19/2021
FROM:
RE-43 DVAO ( 20.72 a.c.)
Z-3-21 REVISION DATES:

3/11/2021
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP

R-3 DVAO ( 20.72 a.c.)
QUARTER SEC. NO.
20.72 Acres QS 44-23 O-7
TO:




MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
RE-43 DVAO 15 N/A
R-3 DVAO 300 360

* Maximum Units Allowed with P.R.D. Bonus
Page 338
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-3-21.mxd
R-2* A-1
I17 RMP CP/GCP * Z-54-15
S-1 Z-39-06
D
EAK R
CLE P
PIN NA



A-1 M-R*
Z-86-87

Deer Valley
RE-43 Airport Overlay
District (DVAO)




A-1 *
C-1 CZ-195-81




23RD AVE
BLAC K
CP/BP * A-1
* IND.PK. *
Z-218-85
C AN YO
Z-139-03
ANX 102 Z-6-16
PARKSIDE LN

N H WY
Black Canyon/Maricopa
RE-43 *
CP/GCP SP* Freeway Specific Plan IND. PK.*
Z-SP-6-09
Z-SP-17-89 Z-218-85



27TH AVE
C-1*
RH *
Z-380-84 C-2 *
Z-380-84
RH * Z-SP-11-77
Z-380-84

C-2 * Maricopa County Assessor's Office
Z-380-84




IMiles
JOMAX RD

HAPPY VALLEY RD
Z-3-21

PINNACLE PEAK RD
0.09 0.045 0 0.09
DEER VALLEY VILLAGE
DEER VALLEY DR

SR 101
CITY COUNCIL DISTRICT: 1 UNION HILLS DR

BELL RD

7TH ST 16TH ST
7TH AVE
GREENWAY RD


35TH AVE 19TH AVE
I - 17

51ST AVE 43RD AVE



APPLICANT'S NAME: REQUESTED CHANGE:
George Pasquel III, Withey Morris, PLC
APPLICATION NO. DATE:
2/19/2021
FROM:
RE-43 DVAO ( 20.72 a.c.)
Z-3-21 REVISION DATES:

3/11/2021
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP

R-3 DVAO ( 20.72 a.c.)
QUARTER SEC. NO.
20.72 Acres QS 44-23 O-7
TO:




MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
RE-43 DVAO 15 N/A
R-3 DVAO 300 360

* Maximum Units Allowed with P.R.D. Bonus
Page 339
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2021\Z-3-21.mxd
7500 North Dobson Road, Suite 151 Scottsdale, AZ 85256
P: (480) 302‐6600 | F: (480) 302‐6606


altergroup.com
October 21, 2020



Phoenix Planning & Development
200 W Washington St
Phoenix, AZ 85003

Re: Request for comments around of Mack Real Estate Development Project
at 22635 N. Black Canyon Hwy, Phoenix, AZ 85027

To Whom It May Concern:

As a stakeholder in the Deer Valley Village of Phoenix, we would like to advise
the City of Phoenix that we support the changes proposed by Mack Real Estate
Development associated with their residential development plans to be located
along the west side of N 23rd Ave and South of Pinnacle Peak Road.

Mack Real Estate Development has provided a project overview to us as they
prepare to file their entitlement applications for the project. We sincerely
appreciate their efforts to include us in their dialogue.

Our understanding is that the project will consist rental dwellings and change the
land around our building from industrial to a mixed-use zoning. Based on this
understanding, we support the following requested entitlements and do not object
to the City approving the zoning and project requests:

• General Plan Amendment
• Re-Zone
• Site Plan Review

Sincerely,



Kent S. Moe
Sr. Vice President, Development

cc: Mr. Jordan Feld, City Planning Depa1tment
Ms. Thelda Williams, Council District Office #1




V:\CORRIDORS\CORRIDORS - MASTER\Corridors - Mack Co General Plan Amend Ltr - Adjacent Land 102120.docx
Page 340
Page 341
Page 342
Page 343
Page 344
Page 345




BUILDING TYPE "B"
Page 346




BUILDING TYPE "C"
Page 347
Attachment C




Village Planning Committee Meeting Summary
Z-3-21-1

Date of VPC Meeting April 8, 2021
Request From RE-43 DVAO
Request To R-3 DVAO
Location Approximately 825 feet south of the southwest corner of
23rd Avenue and Pinnacle Peak Road
Recommendation Approval, per the staff recommendation

VPC DISCUSSION:

Cases GPA-DV-1-21-1 and Z-3-21-1 were heard concurrently.

Mr. David Simmons, staff, went over both the General Plan Amendment request
as well as the rezoning request. He explained that the character of the area
along the Interstate 17 corridor north of Williams Road is developing with
commercial and residential uses. Therefore, this request is consistent with other
developments in the area. Further, Mr. Simmons went over the conceptual site
plan and elevations and explained the rationale behind the stipulations.

Mr. Keith Greenberg asked if there is only one ingress/egress point.

Mr. Simmons explained that there is one primary ingress/egress point, but did
mention that the reis a fire access point on the northeast former of the site.

Mr. Jason Morris and Mr. George Pasquel, with Withey Morris, representing
the applicant, co-presented. They went over the General Plan Amendment
request first followed by the companions rezoning request. Mr. Morris shared
that the Mac Real Estate Group typically develops industrial uses, however,
they are interested in developing workforce housing for their industrial
developments in the area. Mr. Morris went into great detail about ingress/egress
and shared that the original site plan submitted with the request depicted two
fire access points, but due to staff’s comments one of these fire access points
was eliminated. Mr. Morris went on to explain that the main entry point is gated
and will include landscape enhancements. Mr. Morris spoke to Mr. Greenburg’s
inquiry in regard to ingress/egress. Mr. Morris shared the preliminary rendering
to show spacing between units and amenity areas.

Mr. Stuart Kimball joined the meeting at 6:32, bringing quorum to 11.

Mr. Ricardo Romero asked about public outreach for the GPA request.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 348
Mr. Morris shared that they did do a great deal of public outreach and
collaborated with the property owners to the north resulting in the GPA
application including those parcels. Further, he shard that there was no public
opposition to the GPA or rezoning request.

Mr. Romero asked if this is their clients first residential product type.

Mr. Morris shared that Mac Real Estate Group has been in business for over 50
years and they have developed residential uses in the past.

Mr. Bill Levy asked if the pool was heated.

Mr. Morris shared that the pool will be heated.

Mr. Levy asked about the price points of the units.

Mr. Morris shared that the price points have yet to be established.

Vice Chair Trilese DiLeo asked if the units were to be rentals or lot sales.

Mr. Morris shared that they will be high end rentals. With a single-family feel.

Vice Chair DiLeo asked if the rents were going to be in the median range.

Mr. Morris shared that the rents will be in the median price range for the
surrounding workforce.

Mr. Ozzie Virgil asked the applicant what size the units were going to be.

Mr. Morris shared that there will be 1, 2 and 3 bedroom units with individual
electrical meters. He shared that the concept is to serve the workforce in the
immediate area.

Mr. Virgil asked Mr. Morris where the applicant recently purchased nearby
property for industrial uses.

Mr. Morris shared that his client was the successful bidder on State Trust Land
just north of Deer Valley Airport.

Mr. Virgil shared that he has concerns with overflight air traffic from Deer Valley
Airport.

Mr. Morris shared that he and his team had met with the Aviation staff and they
are ok with the request. Otherwise, they would not have moved forward.

Mr. Virgil shared that he is more concerned about residential so close to the
airport.

Mr. Morris shared that the Aviation department does not want to see residential
east of 23rd Avenue or south of the subject site.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 349
Public Comment:

Ms. Peggy Neely shared that she supports the proposal.

Tina Larsen, owner of Candid Realty, spoke in favor of the proposal and shared
that this will be a great addition to the area. She shared that these are desirable
rentals as they are more single-family like. This is workforce housing, which is
needed in the area.

VPC Discussion:

None



MOTION: Vice Chair Trilese DiLeo motioned to recommend approval per staff’s
recommendation for Rezoning Case No. Z-3-21-1. Committee member Mr.
Brandon Shipman seconded the motion.

VOTE: 10-1, motion to recommend approval passed, with Committee
Members Grossman, DiLeo, Fergis, Gardner, Greenburg, Kenney, Kimball,
Levy, Romero, and Shipman in favor. Mr. Ozzie Virgil was opposed




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 350
Attachment D




To: City of Phoenix Planning Commission Date: May 4, 2021

From: David Simmons
Planner II – Village Planner

Subject: ITEM NO. 9 (Z-3-21-1) – APPROXIMATELY 825 FEET SOUTH OF THE
SOUTHWEST CORNER OF 23RD AVENUE AND PINNACLE PEAK ROAD

This memo is to address an updated site plan and a request by the applicant regarding the
recommended stipulation for a sound mitigation wall.

The Deer Valley Village Planning Committee recommended approval of case Z-3-20-1 on
March 8, 2021 per the staff recommendation by a vote of 10 to 1. After the Deer Valley
Village Planning Committee meeting, the applicant submitted an updated site plan, date
stamped April 19, 2021 (attached), reflecting updates to the side yard setbacks. The
previous site plan reflected 10-foot side yard setbacks, which would have required
variances. The updated site plan reflects 15-foot side yard setbacks, which complies with
code requirements.

In addition, the applicant has requested a modification to Stipulation No. 23 in regard to
the sound mitigation wall. The request would allow the sound mitigation wall to wrap
around the northwest and southwest corners of the site by 90 feet, rather than 120 feet.
The applicant conducted a noise assessment (attached) that determined that the required
decibel level could be achieved by the proposed 90-foot distance.

Staff recommends the requested modification to Stipulation No. 23 to allow for the
sound mitigation wall to wrap around the site by 90 feet, rather than 120 feet.

Staff recommends approval, subject to the revised stipulations below:

1. The maximum building height shall be 30 feet.

2. The development shall be limited to 297 units.

3. The development shall be in general conformance with the elevations date
stamped March 24, 2021, as modified by the following stipulations and
approved by the Planning and Development Department.

4. An enhanced landscaped entry shall be provided at the main entryway into the
development off of 23rd Avenue with a minimum 300 square feet of landscaped
area on each side of the entrance. The landscaped entries shall be planted and
maintained with a variety of at least three different plant materials, as approved
by the Planning and Development Department.


Page 351
Z-3-21-1 Planning Commission Backup Memo
May 4, 2021

5. A minimum landscape setback of 25 feet shall be required along the west
property line along the Interstate 17 (I-17) frontage road and shall include
minimum 3-inch caliper large canopy shade trees planted a minimum of 20 feet
on center or in equivalent groupings, as approved by the Planning and
Development Department.

6. There shall be a minimum of four private open space amenity areas, three of
which shall be centrally located. A minimum of 6 percent of the area shall be
preserved as open space exclusive of landscape setbacks. Each area shall
provide, at a minimum, one of the following amenity elements or other similar
elements, as approved by the Planning and Development Department:

 Swimming Pool

 Fire Pit

 Pavilion or Ramada

 Dog park

7. The perimeter pedestrian pathway shall be provided as depicted on the site
plan date stamped March 24, 2021 and shall reflect a common landscaping
theme and include a minimum of three-inch caliper shade trees placed 20 feet
on center exclusive of driveway/roadway crossings, as approved by the
Planning and Development Department.

8. Where pedestrian pathways cross drive aisles, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave parking surfaces and drive aisles, as
approved by the Planning and Development Department.

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

10. Perimeter walls shall incorporate stone veneer, stonework, integral color CMU
block, split face block or faux stone, as approved by the Planning and
Development Department.

11. A minimum 5-foot-wide detached sidewalk shall be provided along 23rd
Avenue with a minimum 13-foot-wide landscape area located between the
sidewalk and back of curb and planted to the following standards, as approved
by the Planning and Development Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or in equivalent groupings to provide a
minimum of 75 percent shade on the adjacent sidewalk.

Page 352
Z-3-21-1 Planning Commission Backup Memo
May 4, 2021


b. Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75% live coverage
at maturity.

12. Structural or vegetative shade shall be provided for every 8 parking spaces, as
approved by the Planning and Development Department.

13. The developer shall provide secured bicycle parking provide parking per
Section 1307 of the City of Phoenix Zoning Ordinance. In addition, a minimum
of eight inverted U-bicycle racks shall be provided for guests located near the
club house/leasing office and installed per the requirements of Section 1307.H
of the Zoning Ordinance, as approved by the Planning and Development
Department.

14. The developer shall dedicate minimum 50-feet of right-of-way and construct the
west half of 23rd Avenue for the full limits of the project, per Cross Section D
standards identified on the City of Phoenix Street Classification Map, as
approved by the Planning and Development Department.

15. In compliance with the Complete Streets Ordinance, the developer shall submit
a signing and striping plan to include an extension of the bike lane for the full
limits of the project frontage.

16. A Red Border Letter shall be processed for this development, as approved by
the Street Transportation Department.

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

18. The developer must file FAA Form 7460 and provide City FAA’s no hazard
determination prior to construction permit approval, as per plans approved by
the Planning and Development Department.

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

20. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Deer Valley Airport (DVT) to future
owners or tenants of the property. The form and content of such documents
shall be according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.



Page 353
Z-3-21-1 Planning Commission Backup Memo
May 4, 2021

21. Prior to issuance of a final certificate of occupancy, the developer must install a
sign (approximately 8 inches by 11 inches in size) within the development's
sales/leasing office that is visible to prospective renters or purchases which
discloses the proximity of the Deer Valley Airport and increased frequency of
overflight and related aircraft noise, as approved by the Aviation Department.

22. The indoor noise levels shall not exceed a decibel day night-level (DNL) of 45
decibels and that along with the building plans submitted for Phoenix Building
Construction Code compliance review to the Planning and Development
Department there shall be a sealed and signed analysis by an engineer
licensed in Arizona with a proficiency in residential sound mitigation or noise
control. The engineer shall note in the analysis that the building design is
capable of achieving the required Noise Level Reduction.

23. Noise mitigation walls shall be provided along the western boundary of the
development. The wall height shall be determined through a noise analysis
prepared and sealed by a registered professional engineer. The walls shall
contain no openings unless they are above the minimum height required for
adequate noise mitigation or for drainage. The walls shall wrap around to the
north and south property lines and shall continue for at least 120 90 feet, as
approved by the Planning and Development Department. A wall detail sealed
by a registered professional engineer, demonstrating that the walls will reduce
noise to 65 Decibels or lower shall be submitted prior to preliminary site plan
approval.

24. 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.

25. 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.

26. 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.

Enclosures:
Revised Site Plan date stamped April 20, 2021
Noise Assessment (19 pages)




Page 354
Page 355
AZ Office CA Office
4960 S. Gilbert Road, Ste 1-461 1197 Los Angeles Avenue, Ste C-256
Chandler, AZ 85249 Simi Valley, CA 93065
p. (602) 774-1950 p. (805) 426-4477
www.mdacoustics.com
April 15, 2021

Mr. Andrew Dutton
Mack Real Estate Development, LLC
1150 S Olive Street, Ste 2250
Los Angeles, CA 90015

Subject: I17 & Pinnacle Peak Road Multi-Family Development Noise Review Letter
Phoenix, AZ

Dear Mr. Dutton:

MD Acoustics, LLC (MD) is pleased to submit this letter as part of the noise assessment for the proposed
I17 & Pinnacle Peak Road project located 22635 N Black Canyon Highway, Phoenix, AZ. The project
proposes the construction of approximately 297 apartment units with 671 parking spaces, open space
including outdoor pool on 19.6 acres. Exhibit A provides the location map and Exhibit B provides the
project site plan. A glossary of acoustical terms is located in Appendix A.

1.0 Local Acoustical Requirements
The Black Canyon Freeway Specific Plan outlines the acoustical requirements and is as follows:

Page 356 703.A.2.a.(3) (Landscaping, Fences and Walls)

Where a property line abuts or is adjacent to a freeway right-of-way, a noise mitigation wall exceeding the
height limits in Section 703.A.2 may be erected under the following circumstances:

a. The lot is in an area for which there is an approved Freeway Mitigation Specific Plan; and
b. Wall height is indicated for that area in the Specific Plan or a noise analysis prepared by a
registered professional engineer is submitted to the Planning and Development Department, which
analysis demonstrates that the proposed wall height is required to reduce the noise level from
freeway traffic to sixty-five dB(a) Ldn in outdoor living areas adjacent to the freeway.

The Staff Report dated April 6, 20201 outlines additional acoustical requirements and is as follows:

c. Noise mitigation walls shall be provided along the western boundary of the development. The wall
height shall be determined through a noise analysis prepared and sealed by a registered
professional engineer. The walls shall contain no openings unless they are above the minimum
height required for adequate noise mitigation or for drainage. The walls shall wrap around to the
north and south property lines and shall continue for at least 120 feet, as approved by the Planning
and Development Department. A wall detail sealed by a registered professional engineer,
demonstrating that the walls will reduce noise to 65 Decibels or lower shall be submitted prior to
preliminary site plan approval.



MD Acoustics, LLC 1
JN: 07942102_Letter Report4.15.21
I17 & Pinnacle Peak Road Multi-Family Development
Noise Review Letter
Phoenix, AZ
Exhibit A
Location Map




Page 357




MD Acoustics, LLC 2
JN: 07942102_Letter Report4.15.21
I17 & Pinnacle Peak Road Multi-Family Development
Noise Review Letter
Phoenix, AZ
Exhibit B
Site Plan




Page 358




MD Acoustics, LLC 3
JN: 07942102_Letter Report4.15.21
I17 & Pinnacle Peak Road Multi-Family Development
Noise Review Letter
Phoenix, AZ
2.0 Existing Noise Readings
On 3/17/2021 to 3/19/20021, MD conducted a 48-hour noise survey at the site to evaluate the baseline
noise conditions (I-17 & Pinnacle Peak Road Multi-Family Development 48-Hour Noise Survey
Phoenix, AZ, dated 3/24/2021) . The data indicates the Ldn measured 67 dBA at the western property line
and 60 dBA at the center of the site.

3.0 Evaluation Procedure
3.1 FHWA Traffic Noise Calculator
ADOT 2019 traffic counts were input into the Federal Highway Administration Traffic Noise Calculator
along with 2019 truck percentages and calibrated the model to the real-world measurements. These
counts are in Appendix B. The model predicts a Ldn of 67 dBA at the west property line.

3.2 3D Model and Contour Map
The noise level was modeled using SoundPLAN 3D (SP) acoustic modeling software. SP is capable of
evaluating roadway based on FHWA traffic
noise modelling software) to calculate the noise projections. The software allows the user to input
specific noise sources, spectral content, sound barriers, building placement, topography and noise
sensitive receptors. The site is slightly elevated when compared to the centerline I17 Freeway elevation.
The model uses ADOT 2019 traffic counts for SR-17 and vehicle mix data from ADOT. The model aligns
with the Traffic Noise Model 2.5 and the baseline readings performed at the site. Appendix C provides the
mo

Page 359 4.0 Findings
4.1 Exterior Traffic Noise Levels
Four (4) receptors (R1 thru R4) were used to analyze the impact of noise from the freeway to the
proposed project. R1 thru R4 evaluates C
provides the baseline noise level contours at the project site with no sound walls.

Exhibit D provides the abated sound levels at the project site which incorporates a 6-foot wall at the
western property line and wraps around the north and south corners with a 90-foot length. With the
incorporation on a 6-foot sound wall that wraps the corners (90-feet in length) the exterior level meets
the approximate location of the
wall.

Exhibit E provides the abated sound levels at the project site which incorporates a 6-foot wall along the
backyards of the westerly dwelling units and wraps around the north and south corners with a 90-foot
length. With the incorporation on a 6-foot sound wall that wraps the corners (90-feet in length) the

approximate location of the wall.

5.0 Summary of Recommendations
The following provides the recommendations for the project:




MD Acoustics, LLC 4
JN: 07942102_Letter Report4.15.21
I17 & Pinnacle Peak Road Multi-Family Development
Noise Review Letter
Phoenix, AZ
1. A 6-foot tall or higher CMU privacy wall either placed at the western property line or at the
backyards of the westerly dwelling units is required and must wrap the north and south corners of
the site and extend east at least 90-feet in length.

5.0 Conclusions
MD has evaluated the baseline noise condition for the I17 & Pinnacle Peak Road Multi-Family
Development project located in Phoenix, AZ. The study shows that the unabated existing noise levels at
the western property line is 67 dBA Ldn. With the incorporation of a 6-foot-tall CMU privacy wall, either at
the western property line or at the backyard of the westerly dwelling units will reduced the exterior levels
to approximately 60
MD is pleased to provide this noise assessment. If you have any questions regarding this analysis, call us
at (602) 774-1950.

Sincerely,
MD Acoustics, LLC



Mike Dickerson, INCE
Principal


Page 360




MD Acoustics, LLC
JN: 07942102_Letter Report4.15.21
I17 & Pinnacle Peak Road Multi-Family Development
Noise Review Letter
Phoenix, AZ
Exhibit C
Traffic Noise Level Impact to Project Site




Page 361




MD Acoustics, LLC 6
JN: 07942102_Letter Report4.15.21
I17 & Pinnacle Peak Road Multi-Family Development
Noise Review Letter
Phoenix, AZ
Exhibit D
Traffic Noise Level Impact to Project Site




Page 362




MD Acoustics, LLC 7
JN: 07942102_Letter Report4.15.21
I17 & Pinnacle Peak Road Multi-Family Development
Noise Review Letter
Phoenix, AZ
Exhibit D
Traffic Noise Level Impact to Project Site




Page 363




MD Acoustics, LLC 8
JN: 07942102_Letter Report4.15.21
Appendix A
Page 364 Glossary of Acoustical Terms
Glossary of Terms

A-Weighted Sound Level: The sound pressure level in decibels as measured on a sound level meter using
the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high
frequency components of the sound in a manner similar to the response of the human ear. A numerical
method of rating human judgment of loudness.

Ambient or Background Noise Level: The composite of noise from all sources, near and far. In this
context, the ambient noise level constitutes the normal or existing level of environmental noise at a given
location.

Decibel (dB): A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base
10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-
pascals.

dB(A): A-weighted sound level (see definition above).

Equivalent Sound Level (LEQ): The sound level corresponding to a steady noise level over a given sample
period with the same amount of acoustic energy as the actual time varying noise level. The energy
average noise level during the sample period.

Field Sound Transmission Class (FSTC): The field sound transmission class (FSTC) rating is used for in situ
wall and floor/ceiling sound isolation performance assessment. The standard requires the measurement
Page 365

of sound transmission loss and includes required procedure to show that the FSTC rating, as it has been
determined by the test procedure, was not influenced by flanking of sound around the partition intended
to be tested. Sound transmission class and FSTC ratings are intended by standard to be equivalent;
however, practical experience indicates that FSTC ratings tend to be up to five ratings points less than
laboratory-measured STC ratings.

Day-Night Level (LDN or DNL): LDN is the average noise level over a 24-hour period. The noise between
the hours of 10PM to 7AM is artificially increased by 10 dB. This noise is weighted to take into account
the decrease in community background noise of 10 dB during this period.

Noise: Any unwanted sound or sound which is undesirable because it interferes with speech and hearing,
or is intense enough to damage hearing, or is otherwise annoying. The State Noise Control Act defines
noise as "...excessive undesirable sound...".

Sound Level (Noise Level): The weighted sound pressure level obtained by use of a sound level meter
having a standard frequency-filter for attenuating part of the sound spectrum.

Sound Level Meter: An instrument, including a microphone, an amplifier, an output meter, and
frequency weighting networks for the measurement and determination of noise and sound levels.
Appendix B
Page 366
Traffic Data
Page 367
Appendix C
Page 368 SoundPLAN Input/Outputs
Page 369
Page 370
Page 371
Page 372
Page 373
Page 374
Attachment E

REPORT OF PLANNING COMMISSION ACTION
May 6, 2021

ITEM NO: 9
DISTRICT NO.: 1
SUBJECT:

Application #: Z-3-21-1 (Companion Case GPA-DV-1-21-1)
Location: Approximately 825 feet south of the southwest corner of 23rd
Avenue and Pinnacle Peak Road
From: RE-43 DVAO
To: R-3 DVAO
Acreage: 20.72
Proposal: Multifamily residential
Applicant: George Pasquel III, Withey Morris, PLC
Owner: DV 20 AC Limited Liability Partnership
Representative: George Pasquel III, Withey Morris, PLC

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Deer Valley 4/8/2021 Approval, per the staff recommendation. Vote: 10-1.

Planning Commission Recommendation: Approval, per the Deer Valley Village Planning
Committee recommendation and the staff memo, with an additional stipulation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve Z-3-21-1, per the
Deer Valley Village Planning Committee recommendation and staff memo, with the
additional stipulation as read into the record.

Maker: Howard
Second: Gorraiz
Vote: 9-0
Absent: None
Opposition Present: One registration in opposition; however, they were not
present at the meeting.

Findings:

1. The request is not consistent with the General Plan Land Use Map designation
of Industrial but will be consistent if the companion case (GPA-DV-1-20-1) is
approved.

2. As stipulated, the proposed development is compatible with the existing zoning
and uses in the surrounding area.




Page 375
3. The proposal will redevelop an underutilized property and provide a high
quality multifamily residential development which will help alleviate the housing
shortage in Phoenix.

Stipulations:

1. The maximum building height shall be 30 feet.

2. The development shall be limited to 297 units.

3. The development shall be in general conformance with the elevations date
stamped March 24, 2021, as modified by the following stipulations and
approved by the Planning and Development Department.

4. An enhanced landscaped entry shall be provided at the main entryway into the
development off of 23rd Avenue with a minimum 300 square feet of
landscaped area on each side of the entrance. The landscaped entries shall be
planted and maintained with a variety of at least three different plant materials,
as approved by the Planning and Development Department.

5. A minimum landscape setback of 25 feet shall be required along the west
property line along the Interstate 17 (I-17) frontage road and shall include
minimum 3-inch caliper large canopy shade trees planted a minimum of 20 feet
on center or in equivalent groupings, as approved by the Planning and
Development Department.

6. There shall be a minimum of four private open space amenity areas, three of
which shall be centrally located. A minimum of 6 percent of the area shall be
preserved as open space exclusive of landscape setbacks. Each area shall
provide, at a minimum, one of the following amenity elements or other similar
elements, as approved by the Planning and Development Department:

x Swimming Pool

x Fire Pit

x Pavilion or Ramada

x Dog park

7. The perimeter pedestrian pathway shall be provided as depicted on the site
plan date stamped March 24, 2021 and shall reflect a common landscaping
theme and include a minimum of three-inch caliper shade trees placed 20 feet
on center exclusive of driveway/roadway crossings, as approved by the
Planning and Development Department.

8. Where pedestrian pathways cross drive aisles, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave parking surfaces and drive aisles, as
approved by the Planning and Development Department.




Page 376
9. Clearly defined, accessible pedestrian pathways shall be provided to connect
building entrances, public sidewalks, and bus stops, using the most direct route
for pedestrians, as approved by the Planning and Development Department.

10. Perimeter walls shall incorporate stone veneer, stonework, integral color CMU
block, split face block or faux stone, as approved by the Planning and
Development Department.

11. A minimum 5-foot-wide detached sidewalk shall be provided along 23rd
Avenue with a minimum 13-foot-wide landscape area located between the
sidewalk and back of curb and planted to the following standards, as approved
by the Planning and Development Department.

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or in equivalent groupings to provide a
minimum of 75 percent shade on the adjacent sidewalk.

b. Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75% live coverage
at maturity.

12. Structural or vegetative shade shall be provided for every 8 parking spaces, as
approved by the Planning and Development Department.

13. The developer shall provide secured bicycle parking provide parking per
Section 1307 of the City of Phoenix Zoning Ordinance. In addition, a minimum
of eight inverted U-bicycle racks shall be provided for guests located near the
club house/leasing office and installed per the requirements of Section 1307.H
of the Zoning Ordinance, as approved by the Planning and Development
Department.

14. The developer shall dedicate minimum 50 feet of right-of-way and construct the
west half of 23rd Avenue for the full limits of the project, per Cross Section D
standards identified on the City of Phoenix Street Classification Map, as
approved by the Planning and Development Department.

15. In compliance with the Complete Streets Ordinance, the developer shall submit
a signing and striping plan to include an extension of the bike lane for the full
limits of the project frontage.

16. A Red Border Letter shall be processed for this development, as approved by
the Street Transportation Department.

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




Page 377
18. The developer must file FAA Form 7460 and provide City FAA’s no hazard
determination prior to construction permit approval, as per plans approved by
the Planning and Development Department.

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

20. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Deer Valley Airport (DVT) 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.


21. Prior to issuance of a final certificate of occupancy, the developer must install a
sign (approximately 8 inches by 11 inches in size) within the development's
sales/leasing office that is visible to prospective renters or purchases which
discloses the proximity of the Deer Valley Airport and increased frequency of
overflight and related aircraft noise, as approved by the Aviation Department.

22. The indoor noise levels shall not exceed a decibel day night-level (DNL) of 45
decibels and that along with the building plans submitted for Phoenix Building
Construction Code compliance review to the Planning and Development
Department there shall be a sealed and signed analysis by an engineer
licensed in Arizona with a proficiency in residential sound mitigation or noise
control. The engineer shall note in the analysis that the building design is
capable of achieving the required Noise Level Reduction.

23. Noise mitigation walls shall be provided along the western boundary of the
development. The wall height shall be determined through a noise analysis
prepared and sealed by a registered professional engineer. The walls shall
contain no openings unless they are above the minimum height required for
adequate noise mitigation or for drainage. The walls shall wrap around to the
north and south property lines and shall continue for at least 120 90 feet, as
approved by the Planning and Development Department. A wall detail sealed
by a registered professional engineer, demonstrating that the walls will reduce
noise to 65 Decibels or lower shall be submitted prior to preliminary site plan
approval.

24. 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.

25. 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.




Page 378
26. 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.

27. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED
IN THE REZONING APPLICATION FILE FOR RECORD.

This publication can be made available in alternate format upon request. Please contact
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 379
Attachment F




David Larcher
estar President




April 6, 2021


Via email: Alan.Ste henson Phoenix. ov


Mr. Alan Stephenson
Director of the Planning and Development Department
200 West Washington Street, 3rd Floor
Phoenix, AZ 85003-1611

RE: Cases GPA-DV-1-21-1 CaseZ 3-21-1

Dear Alan:


As the developer and owner of Happy Valley Towne Center at 1-17 and Happy Valley Roads I would like to
voice my support for the referenced zoning case. We welcome a project of this quality and design to bring
additional residents to the immediate trade area. New residential development will support our retail
center in this ever-challenging environment. We believe this is needed more than ever and an appropriate
location for this project.

Vestar is in strong support of the above GPA and Companion Zoning Case. Please let me know if you have
any questions.

Sincerely



^
DJL:sko




2425 EastCamelback Road
Suite 750
Phoenix, Arizona 8501 6
phone: 602. 866. 0900
>^ Printed on recyded paper, 60/30% recycled contsnt, acid free. fax: 602. 956.8721

Page 380



Report

Supporting documents

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Item text
Public Hearing and Resolution Adoption - General Plan Amendment GPA-PV-1-
20-2 - Southeast Corner of Kierland Boulevard and Greenway Parkway
(Resolution 21927)

Request to hold a public hearing on the request for the following item to consider
adopting the Planning Commission's recommendation and the related Resolution if
approved. This file is a companion case to Z-63-20-2 and should be heard first.

Summary
Current Plan Designation: Industrial (7.14 acres)
Proposed Plan Designation: Mixed Use (Commercial/Commerce Park/Residential 15+
dwelling units per acre)
Acreage: 7.14 acres
Reason for change: Minor General Pan Amendment to allow multifamily residential
and commercial uses.

Owner: York Street Inn, Inc.
Applicant: Trey Brandt, RD Kierland
Representative: Nick Wood Esq., Snell & Wilmer, LLP

Staff Recommendation: Approval.
VPC Action: The Paradise Valley Village Planning Committee heard the case on April
5, 2021 and recommended approval, per the staff recommendation, by a 13-0 vote.
PC Action: The Planning Commission heard the case on May 6, 2021 and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation, by a 9-0 vote.

Location
Southeast corner of Kierland Boulevard and Greenway Parkway
Council District: 2
Parcel Addresses: 14811 N. Kierland Blvd. and 7025 E. Greenway Parkway

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


Page 381
ATTACHMENT A

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




RESOLUTION _____

A RESOLUTION ADOPTING AN AMENDMENT TO THE
2015 GENERAL PLAN FOR PHOENIX, APPLICATION
GPA-PV-1-20-2, CHANGING THE LAND USE
CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN.
____________


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

follows:

SECTION 1. The 2015 Phoenix General Plan which was adopted by

Resolution No. 21307, is hereby amended by adopting GPA-PV-1-20-2, for 7.14 acres

located on the southeast corner of Kierland Boulevard and Greenway Parkway, for

Mixed Use (Commercial/Commerce/Business Park/Residential 15+ dwelling units per

acre) for multifamily residential and commercial uses, as approved by the City Council

on June 2, 2021 and that the Planning and Development Director is instructed to

modify The 2015 Phoenix General Plan to reflect this land use classification change

as shown below, as recommended by staff:




Page 382
PASSED by the Council of the City of Phoenix this 2nd day of June 2021.



MAYOR

ATTEST:


City Clerk


APPROVED AS TO FORM:


Acting City Attorney


REVIEWED BY:


_______________________ City Manager
PL:amt:____v1 (CM __) (Item _) 3/17/21




Page 383
Attachment B




GENERAL PLAN AMENDMENT
STAFF ANALYSIS
March 25, 2021

Application: GPA-PV-1-20-2

Applicant: Trey Brandt, RD Kierland

Owner: York Street Inn, Inc.

Representative: Nick Wood Esq., Snell & Wilmer, LLP.

Location: Southeast corner of Kierland Boulevard and
Greenway Parkway

Acreage: 7.14 acres

Current Plan Designation: Industrial (7.14 acres)

Requested Plan Designation: Mixed Use (Commercial/Commerce
Park/Residential 15+ dwelling units per acre) (7.14
acres)

Reason for Requested Change: General Plan Land Use Map Amendment to change
the land use designation to Mixed Use
(Commercial/Commerce Park/Residential 15+
dwelling units per acre) for multifamily residential
and commercial uses.

Paradise Valley Village Planning
Committee Date: April 5, 2021

Staff Recommendation: Approval

FINDINGS:

1) The companion rezoning case, Z-63-20-2, proposes development that is
consistent in scale and character with land uses in the surrounding area to the
north and south.




Page 384
Staff Analysis
GPA-PV-1-20-2
Page 2


2) The Mixed Use (Commercial/Commerce Park/Residential 15+ dwelling units per
acre) land use designation will permit new zoning to be applied to the site that
maximizes the opportunities for additional investment within the Maricopa
Association of Governments (MAG) Desert Ridge and Kierland Employment
Center.

3) The proposed land use designation provides consistency with the land use
pattern of adjacent properties, while allowing for the introduction of new uses that
will complement the existing employment and commercial uses in the area.

BACKGROUND

The subject site is located on the southeast corner of Kierland Boulevard and Greenway
Parkway. The site is occupied by two one-story office buildings and surface parking.
The companion Rezoning Case No. Z-63-20-2 is a request to allow PUD zoning for
multifamily residential and commercial uses.

Currently the site has a land use map designation of Industrial. This General Plan
Amendment proposes a land use map designation that will allow for alternative housing
choices in the area. Recent development suggests the Kierland area is evolving to
include a mixture of housing choices along with the commercial and employment uses.




Aerial Map, Source: Snell & Wilmer




Page 385
Staff Analysis
GPA-PV-1-20-2
Page 3


The property’s current General Plan Land Use Map designation does not permit
residential uses, as proposed by the applicant. This General Plan Amendment proposes
a Mixed Use land use designation of Commercial/Commerce Park/Residential 15+
dwelling units per acre. This Mixed Use designation will allow commercial, commerce
park and residential land uses the flexibility to locate on any portion of the site in
compliance with the PUD’s development standards. Maps of the existing and proposed
General Plan Land Use Map designations can be found in Exhibit 1 attached to this
report.

SURROUNDING LAND USES AND AREA CONTEXT

The table below provides a summary of the surrounding General Plan (GP) Land Use
Map designations, existing land uses and zoning surrounding the site.

Location GP Land Use Existing Land Uses Zoning
North Commercial Commercial, Retail C-2 PCD
(Across
Greenway
Parkway)
South Industrial Commercial Office PUD
(Across
Marilyn
Road)
East Industrial Commercial Office CP/GCP PCD
West Industrial Commercial Office CP/GCP PCD
(Across
Kierland
Boulevard)
Surrounding Land Use Designations, Land Use and Zoning

The site is also approximately 0.2 miles west of Scottsdale Road and falls within the
boundaries of the Maricopa Association of Governments designated Desert
Ridge/Kierland major employment center and is in close proximity to a City of Phoenix
designated employment center. Providing additional housing options in close proximity
to the nearby workforce will add to the sustainability of established office space and
commercial uses built around the Desert Ridge/Kierland Major Employment Center.

RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PPRINCIPLES

Connect People and Places Core Value

• OPPORTUNITY SITES; LAND USE PRINCIPLE: Promote and encourage
compatible development and redevelopment with a mix of housing types in
neighborhoods close to employment centers, commercial areas, and where
transit or transportation alternatives exist.




Page 386
Staff Analysis
GPA-PV-1-20-2
Page 4



The proposed RD Kierland PUD supports increased intensity by proposing
multifamily residential that is compatible in scale and intensity with the
surrounding Kierland area and properties adjacent to the site. The development
is located in a mixed-use corridor where adjacent properties are multifamily or
commercial. The project site is also within a designated employment center. The
concentration of people near employment uses promotes the sustainability of
nearby commercial uses.

Celebrate Our Diverse Communities & Neighborhoods: 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 proposed General Plan Amendment will further diversify the existing land
use map designations in this part of the city by allowing a residential
development at a minor arterial street intersection as classified by Maricopa
County. This will help to provide diverse housing opportunities in this area to both
current and future residents.

CONCLUSION AND RECOMMENDATION

Staff recommends approval of GPA-PV-1-20-2 as filed. The request aligns with the
goals and polices of the General Plan and will result in a land use designation that will
continue to support surrounding uses while maximizing the property’s location in an
Employment Center.

Writer

David Simmons
March 23, 2021

Exhibits
Sketch Map (1 page)




Page 387
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-PV-1-20-2 ACRES: 7.14 +/-
VILLAGE: Paradise Valley COUNCIL DISTRICT: 2
APPLICANT: Trey Brandt
EXISTING:
Industrial ( 7.14 +/- Acres)



Proposed Change Area
Commercial
Mixed Use (Commercial / Commerce Park)
Industrial GREENWAY PKWY
Parks/Open Space - Privately Owned




PROPOSED CHANGE:
Mixed Use (Commercial/Commerce Park/Residential
15+ du/ac (7.14 +/- Acres)

Proposed Change Area
Mixed Use (Commercial / Commerce Park / Residential 15+ du/ac)




GREENWAY PKWY




Page 388
Attachment C




Village Planning Committee Meeting Summary
GPA-PV-1-20-2

Date of VPC Meeting February 1, 2021
Request To amend the General Plan Land Use Map Designation
from Industrial to Mixed Use (Commercial/Commerce
Park/Residential 15+ dwelling units per acre)
Location Southeast corner of Kierland Boulevard and Greenway
Parkway

VPC DISCUSSION:

Cases GPA-PV-1-20-2 and Z-63-20-2 were heard concurrently.

Mr. Nick Wood, with Snell & Wilmer, representing the applicant, went over the
General Plan Land Use Map designation for the site and surrounding area. He
went over the surrounding zoning designations and shared that this proposal or a
mid-rise commercial building were the only two project types that would be
suitable for the site. Mr. Wood shared a conceptual site plan in the presentation
and went over specific site details to include a wrapped parking structure, ingress
and egress points, landscaping, interior amenity areas, height and unit count. He
also went over a comparative development standards table.
Vicechair Joe Lesher shared concerns about pedestrians crossing the street to
the north.
Mr. Wood shared that no crosswalks were proposed along Greenway Parkway.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 389
Attachment D




Village Planning Committee Meeting Summary
GPA-PV-1-20-2

Date of VPC Meeting April 5, 2021
Request To amend the General Plan Land Use Map Designation
from Industrial to Mixed Use (Commercial/Commerce
Park/Residential 15+ dwelling units per acre)
Location Southeast corner of Kierland Boulevard and Greenway
Parkway

VPC DISCUSSION:

Cases GPA-PV-1-20-2 and Z-63-20-2 were heard concurrently.

The Planning Commission will consider this request on May 6, 2021
Mr. David Simmons, staff, went over the General Plan Amendment request as
well as the rezoning case. The character of the area did not develop as originally
envisioned back in the 1970’s as Industrial, but instead, has developed with high
end residential and commercial uses in a highly desirable area of the city. He
went over the existing General Plan Land Use Map designations in the
surrounding area, the current and proposed zoning designation on the site and
surrounding area and tied the staff recommendation to several policy plans such
that helped to formulate support for the case at a staff level. He shared several
stipulations and asked if the committee had any questions for staff.
Ms. Toby Gerst asked who was authorized to submit the General Plan
Amendment request.
Mr. Simmons shared that the owner signed an ownership authorization form as
part of the submittal requirements.
Applicants Presentation:
Mr. Nick Wood, with Snell & Wilmer, representing The Related Group, shared
an in-depth presentation with the committee. He went over the history of the site,
the current and proposed General Plan Land Use Maps designation on the site
and the existing and proposed zoning designations on the site. He also shared
that the City of Phoenix currently has a housing shortage and this area is highly
desirable as it is in a major employment center that is continuing to expand. Mr.
Wood shared the parking requirements for the proposal, went over the
conceptual site plan and elevations and highlighted the auto court area on the
west side of the property. Further, Mr. Wood expanded on the enhanced


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 390
development standards being offered as part of the proposal, showing how the
project goes above and beyond the underlying zoning designation.
Public Comment:
None
Applicants Response:
None
Committee Discussion:
Mr. Alex Popovic asked if the current zoning was Industrial.
Mr. Wood shared that the current zoning is CP/GCP, but the current General
Plan Land Use Map designation is Industrial.
MOTION:
Vice Chair Joe Lesher made a motion to recommend approval of General Plan
Amendment Case No. GPA-PV-1-20-2, per the staff recommendation.
Mr. Alan Sparks seconded the motion.
VOTE:
13-0 with committee members Balderrama, Cantor, Cashman, Gerst, Goodhue,
Hall, Maggiore, Popovic, Sparks, Ward, Wise, Gubser and Lesher in favor.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 391
Attachment E

REPORT OF PLANNING COMMISSION ACTION
May 6, 2021

ITEM NO: 6
DISTRICT NO.: 2
SUBJECT:

Application #: GPA-PV-1-20-2 (Companion Case Z-63-20-2)
Location: Southeast corner of Kierland Boulevard and Greenway Parkway
From: Industrial
To: Mixed Use (Commercial/Commerce/Business Park/Residential 15+
dwelling units per acre)
Acreage: 7.14
Proposal: Multifamily Residential
Applicant: Trey Brandt, RD Kierland
Owner: York Street Inn, Inc.
Representative: Nick Wood, Esq., Snell & Wilmer, LLP

ACTIONS:

Staff Recommendation: Approval.

Village Planning Committee (VPC) Recommendation:
Paradise Valley 2/1/2021 Informational only.
Paradise Valley 4/5/2021 Approval. Vote: 13-0.

Planning Commission Recommendation: Approval, per the Paradise Valley Village
Planning Committee recommendation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve GPA-PV-10-2, per
the Paradise Valley Village Planning Committee recommendation.

Maker: Howard
Second: Mangum
Vote: 9-0
Absent: None
Opposition Present: One registration in opposition; however, they were not
present at the meeting.

Findings:

1. The companion rezoning case, Z-63-20-2, proposes development that is
consistent in scale and character with land uses in the surrounding area to the
north and south.


2. The Mixed Use (Commercial/Commerce Park/Residential 15+ dwelling units per
acre) land use designation will permit new zoning to be applied to the site that




Page 392
maximizes the opportunities for additional investment within the Maricopa
Association of Governments (MAG) Desert Ridge and Kierland Employment
Center.

3. The proposed land use designation provides consistency with the land use
pattern of adjacent properties, while allowing for the introduction of new uses
that will complement the existing employment and commercial uses in the area.


This publication can be made available in alternate format upon request. Please contact
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 393



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Ordinance Adoption - Amend City Code - Rezoning
Application Z-63-20-2 - Southeast Corner of Kierland Boulevard and Greenway
Parkway (Ordinance G-6863)

Request to hold a public hearing on the request to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-63-20-2 and rezone the site from CP/GCP PCD (Commerce
Park/General Commerce Park, Planed Community District) to PUD (Planned Unit
Development) for multifamily residential and commercial uses. This is a companion
case to GPA-PV-1-20-2.

Summary
Current Zoning: CP/GCP PCD
Proposed Zoning: PUD
Acreage: 7.14 acres
Proposed Use: Multifamily residential and commercial uses

Owner: York Street Inn, Inc.
Applicant: Trey Brandt, RD Kierland
Representative: Nick Wood, Esq., Snell & Wilmer, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Paradise Valley Village Planning Committee heard the case on April
5, 2021 and recommended approval, per the staff recommendation, by a 13-0 vote.
PC Action: The Planning Commission heard the case on May 6, 2021 and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation with an additional stipulation by a 9-0 vote.

Location
Southeast corner of Kierland Boulevard and Greenway Parkway
Council District: 2
Parcel Addresses: 14811 N. Kierland Blvd. and 7025 E. Greenway Parkway




Page 394

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




Page 395
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-63-20-2) FROM CP/GCP PCD (COMMERCE
PARK/GENERAL COMMERCE PARK PLANNED COMMUNITY
DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT).


____________



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

follows:

SECTION 1. The zoning of a 7.14-acre site located on the southeast

corner of Kierland Boulevard and Greenway Parkway in a portion of Section 10,

Township 3 North, Range 4 East, as described more specifically in Exhibit “A”, is hereby

changed from “CP/GCP PCD” (Commerce Park/General Commerce Park, Planned

Community District) to “PUD” (Planned Unit Development).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B”.

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

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



Page 396
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 RD Kierland 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 March 15, 2021, as modified by the
following stipulations:

a. Front Cover: Remove “HEARING DRAFT” and revise submittal date
information on bottom of the cover page as follows:
1st Submittal: November 18, 2020
2nd Submittal: January 29, 2021
Hearing Draft: March 15, 2021

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

3. The developer shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study
had been reviewed and approved by the City. Additional off-site improvements
and right-of-way dedications may be required as identified in the approved
traffic study. Development shall be responsible for the cost associated with
these improvements and dedications.

4. The property owner shall record documents that disclose the existence, and
operational characteristics of Scottsdale Municipal Airport (SDL) to future
owners or tenants of the property. The form and content of such documents
shall be according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

5. The developer shall provide documentation to the City of Phoenix prior to final
site plan approval that Form 7460-1 has been filed for the development and
that the development received a “No Hazard Determination” from the FAA. If
temporary equipment used during construction exceeds the height of the
permanent structure a separate Form 7460-1 shall be submitted to the FAA and
a “No Hazard Determination” obtained prior to the construction start date.

6. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground disturbing activities within a 33-




Page 397
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

7. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.


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

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

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

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 2nd day of June 2021.




________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



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




Page 398
EXHIBIT A

LEGAL DESCRIPTION FOR Z-63-20-2

A PORTION OF THE EAST HALF OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 4
EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOTS 1 AND 2, KIERLAND COMMERCE SOUTH, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA, RECORDED IN BOOK 465 OF MAPS, PAGE 10.




Page 399
Page 400
Attachment B




Staff Report Z-63-20-2
RD Kierland PUD
March 26, 2021

Paradise Valley Village Planning April 5, 2021
Committee Meeting Date:
Planning Commission Hearing Date: May 6, 2021
Request From: CP/GCP PCD (7.14 acres)

Request To: PUD (7.14 acres)
Proposed Use: Planned Unit Development to allow
multifamily residential and commercial uses.
Location: Southeast corner of Kierland Boulevard and
Greenway Parkway
Owners: York Street Inn, Inc.
Applicant: Trey Brandt, RD Kierland
Representative: Nick Wood, Esq., Snell & Wilmer, LLP
Staff Recommendation: Approval, subject to stipulations


General Plan Conformity
Current: Industrial

General Plan Land Use Map Designation Proposed (GPA-PV-1-20-2): Mixed Use
(Commercial/Commerce Park/Residential
15+ dwelling units per acre)
Kierland Boulevard Collector 40 and 50-foot east half street
Street Map
Greenway Parkway Arterial 55 and 67-foot south half street
Classification
Marilyn Road Local 30-foot north half street


CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES GOAL;
LAND USE PRINCIPLE: Promote and encourage compatible development and
redevelopment with a mix of housing types in neighborhoods close to employment
centers, commercial areas, and where transit or transportation alternatives exist.




Page 401
Staff Report: Z-63-20-2
March 26, 2021


The proposed RD Kierland PUD supports increased intensity by proposing multifamily
residential that is compatible in scale and intensity with the surrounding Kierland area
and properties adjacent to the site. The development is located in a mixed-use corridor
where nearby properties are multifamily or commercial. The project site is also within a
designated employment center. The concentration of people near employment uses
promotes the sustainability of nearby commercial uses. The requested PUD will facilitate
ongoing investment and development of the greater Kierland area.

BUILD THE SUSTAINANLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPILE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.

The RD Kierland PUD proposes landscaping around all four sides of the building.
Detached sidewalks along Kierland Boulevard, Marilyn Road and Greenway Parkway
framed with landscape strips will provide thermal comfort for pedestrians. The PUD also
requires that a minimum of 75 percent of public pedestrian pathways be shaded.
CONNECT PEOPLE & PLACES CORE VALUE; BICYCLES; DESIGN PRINCIPLE:
Development should be designed to included convenient bicycle parking.

The proposed development will provide bicycle parking for both residents and guests.
The project also is in close proximity to a proposed bike lane along 71st Street and will
support tenants who prefer using alternative modes of transportation to get to work or
nearby entertainment.

Applicable Plans, Overlays and Initiatives
Maricopa Association of Governments (MAG) Desert Ridge and Kierland Employment
Center – See background item No. 5 below.
Tree and Shade Master Plan – See background item No. 8
Complete Streets Guiding Principles – See background item No. 9
Comprehensive Bicycle Master Plan – See background item No. 10
Zero Waste PHX – See background item No. 11




Page 402
Staff Report: Z-63-20-2
March 26, 2021



Surrounding Land Uses/Zoning
Land Use Zoning
On Site Commercial Office CP/GCP PCD
South (across
Commercial Office PUD
Marilyn Rd)
North (across C-2 PCD
Greenway Commercial Office/Retail
Parkway)
East Commercial Office CP/GCP PCD
West (across CP/GCP PCD
Commercial Office
Kierland Blvd)

Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone a 7.14-acre site located on the southeast corner of Kierland
Boulevard and Greenway Parkway. The request is to rezone from CP/GCP PCD
(Commerce Park/General Commerce Park, Planned Community District) to PUD
(Planned Unit Development) to allow multifamily residential and commercial uses.

2. The subject site consists of two parcels that are under the ownership of York Street
Inn, Inc. The site currently contains two one-story office building with surface parking.
The subject site was annexed into the City of Phoenix on October 15, 1961. At that
time the subject site and the surrounding area vastly consisted of vacant land. This
area was planned in 1975 as a Planned Community District (PCD) of 1,082 acres,
previously known as the Desert Springs PCD and now known as the Kierland PCD,
through Rezoning Case No. Z-11-75. Subsequently, the Kierland PCD went through
several amendments since its original approval. The current CP/GCP zoning
designation was established through Amendments D and Rezoning Case Nos. Z-11-
D-75 on June 15, 1994 and Z-11-F-75 on February 19, 1997. Maricopa County
Historical Aerials indicate that the first property to develop near the site was in
approximately 1997 just west of the subject site and the subject property began
development in approximately 1998. The PCD Zoning District is intended to establish
a development pattern for a larger area while permitting flexibility for specific
developments and safeguards that adequate infrastructure needs are met for the
area. The proposed PUD also proposes to remove the property from the PCD and the
developer will be required to provide updated infrastructure as needed and
determined through the Planning and Development Department’s site development
process.




Page 403
Staff Report: Z-63-20-2
March 26, 2021




Historic Aerials, Source: Maricopa County Assessor’s Office


3. The General Plan Land Use Map
designation for the subject site is
Industrial. The proposal is not consistent
with the General Plan Land Use Map
designation but is consistent with current
land uses in the area. A companion
General Plan Amendment request
(GPA-PV-1-20-2) proposes a Mixed-Use
land use designation of Mixed Use
(Commercial/Commerce
Park/Residential 15+dwelling units per
acre). This Mixed-Use designation will
allow residential and commercial land
uses the flexibility to locate on any
portion of the site in compliance with the
PUD’s development standards.

The General Plan Land Use Map
designation on three sides of the subject
parcel are also Industrial. To the
General Plan Land Use Map, Source:
north, across Greenway
Parkway, the General Plan Land
Use Map designation is
Commercial.

SURROUNDING ZONING AND USES
4. North




Page 404
Staff Report: Z-63-20-2
March 26, 2021


The property to the north of the subject site, across Greenway Parkway, is a mixed
use shopping center (Kierland Commons) zoned C-2 PCD (Intermediate Commercial,
Planned Community District).

South
Directly south of the subject site is a two-story office building that was recently
rezoned to PUD (Planned Unit Development) through Rezoning Case No. Z-14-20-2
that allows office with minor commercial uses.

East
Directly to the east of the subject site are two four-story commercial office buildings zon
CP/GCP PCD (Commerce Park/General Commerce Park, Planned Community District)

West
West of the subject site, across
Kierland Boulevard, is a two-story
commercial office building zoned
CP/GCP PCD (Commerce Park/
General Commerce Park, Planned
Community District).




Surrounding Zoning, Source: City of Phoenix Planning and Development Department




Page 405
Staff Report: Z-63-20-2
March 26, 2021


5. The subject site falls within the
boundaries of the Maricopa Association
of Governments designated Desert
Ridge/Kierland major employment
center and is in close proximity to a City
of Phoenix designated employment
center. The Desert Ridge/Kierland
employment center runs east from 36th
Street to Scottsdale Road between
Deer Valley Road and the Central
Arizona Project Canal, including the
area from 64th Street to Scottsdale
Road between the CAP canal and
Acoma Drive.

A mix of housing types
is encouraged in employment
centers and commercial corridors. Employment Center Map, Source: City of Phoenix Planning and
The Desert Ridge/Kierland Development Department
employment center profile provided by the City of Phoenix Community and Economic
Development Department identifies that the Kierland area is comprised of a highly
educated, executive and professional workforce with a large inventory of Class A
office space. Providing additional residential options in close proximity to the nearby
office spaces will add to the sustainability of the established employment center and
the Kierland area overall.

PROPOSAL
6. The proposal was developed utilizing the PUD zoning designation. The PUD is
intended to create a built environment that is superior to that produced by
conventional zoning districts and design guidelines. Using a collaborative and
comprehensive approach, an applicant writes a document proposing standards and
guidelines that are tailored to the context of a site on a case by case basis.

Where the RD Kierland PUD Development Narrative is silent on a requirement, the
applicable Zoning Ordinance provisions shall be applied.

7. Below is a summary of the proposed standards for the subject site as described in the
attached PUD Development Narrative date stamped March 15, 2021. The proposed
standards were designed to allow for a multifamily development that continues
enhancement along the Kierland Boulevard corridor for a more pedestrian-friendly
environment.




Page 406
Staff Report: Z-63-20-2
March 26, 2021


List of Uses
The Development Narrative proposes a number of permitted uses. The proposed
uses consist of the permitted C-2 and CP/GCP zoning uses found in Sections 623
and 626 of the Phoenix Zoning Ordinance, with some prohibited uses. Additionally,
multifamily residential is permitted with a maximum of 360 residential dwelling units.

The Development Narrative also proposes restricting certain uses that are
inconsistent with the Narrative's vision of mixed-use pedestrian oriented development.

Conceptual Site Plan
The development’s main access
points are along Kierland Boulevard
and the private drive bordering the
eastern boundary of the subject site.
The project proposes a five-story, 68-
foot tall multifamily building and 68-
foot tall parking garage that is partially
wrapped by dwelling units. The
remaining portion of the parking
structure shall be screened with
architectural embellishments
consistent with the primary façade.
Three amenity courtyards are
proposed and are reserved as private
common open space. Kierland
Boulevard, Greenway Parkway and
Marilyn Road will contain enhanced
streetscape with a minimum seven-
foot detached sidewalk along
Greenway Parkway and a minimum
five-foot wide sidewalks along
Kierland Boulevard and Marilyn Road
framed by landscape areas that will
include trees, shrubs and live ground
cover along. Site Plan, Source: Nelson Partners

Development Standards
The PUD development narrative proposes development standards based on the
CP/GCP Zoning District. These standards vary from the CP/GCP standards in relation
to height, lot coverage, open space and building setbacks. All other development
standards are comparable.
a. Maximum Residential Unit
Count: Maximum Dwellings 360 dwelling units
Maximum Density 50.42 dwelling units per gross acre




Page 407
Staff Report: Z-63-20-2
March 26, 2021


b. Minimum Lot Width/Depth No Minimum
c. Minimum Building Setbacks From Property Line
North (Internal Property Line) 30 feet 6 inches
West (71st Street) 30 feet
South (Internal Property Line) 30 feet
East (Interior Property Line) 15 feet
d. Minimum Landscape Setbacks
North (Internal Property Line) 30 feet
West (71st Street) 30 feet
South (Internal Property Line) 30 feet
East (Interior Property Line) 0 feet
e. Maximum Building Height 68 Feet

f. Maximum Lot Coverage 55 percent of Total Net Site Area
g. Open Space Minimum 10 percent of gross site area

The proposed maximum height of the project is 68 feet. The CP/GCP standards allow
a maximum height of 80 feet with a use permit. Staff is supportive of the additional
height due to the design and placement of the building as well as comparable heights
in the area.

The lot coverage
proposed for the project
is 55 percent. The
CP/GCP standards
require a maximum lot
coverage of 50 percent.
The additional lot
coverage is offset by a
generous open space
standard of 26,000
square feet. The
CP/GCP standards are
silent on open space.
Therefore, the open
space proposed far
exceed ordinance
standards and will serve
as an amenity to
residents and visitors.
Open Space Plan, Source: Nelson Partners
The proposed interior building setback is
15 feet where 0 feet is required in the
CP/GCP district standards. A 30 foot building setback is proposed along Kierland




Page 408
Staff Report: Z-63-20-2
March 26, 2021


Boulevard, Greenway Parkway and Marilyn Road, which is comparable to the
CP/GCP district requirements.

Landscape Standards
The PUD proposes landscaping along all sides of the building. The Development
Narrative includes increased landscape setbacks adjacent to the street frontages.
Minimum landscape setbacks of 30 feet will be provided along Kierland Boulevard,
Greenway Parkway and Marilyn Road. These areas will incorporate a mixture of 1, 2
and 3 inch caliper trees in all landscape areas and shall utilize existing trees where
possible. In addition to the trees, the developer shall install a minimum of 5 five-gallon
drought tolerant shrubs per tree and 75 percent live ground cover.
The streetscape along
Greenway Parkway will
include a minimum seven-
foot wide detached sidewalk
and a mixture of two-inch (60
percent) and three-inch (40
percent) caliper trees along
the public rights-of-way. This
exceeds minimum tree size
requirements in the CP/GCP
district. The landscaping will
provide for a pedestrian-
friendly environment with 75
and 50 percent shade at
maturity along the sidewalks
and pedestrian pathways.
The PUD proposes
landscaping along public
sidewalks with a minimum
planting size of 60 percent
two-inch caliper trees, 40
percent three-inch caliper
trees and 75 percent live
ground cover adjacent to
rights-of-way.



Conceptual Landscape Plan, Source: Collaborative Design Studio




Page 409
Staff Report: Z-63-20-2
March 26, 2021


Design Guidelines and Standards
The Development Narrative includes design standards that promote pedestrian
circulation on and around the site. The graphic below illustrates the proposed
pedestrian network for the site.




Circulation Plan, Source: Nelsen Partners

Design standards ensure that the building facade will contain 20 percent natural
stone, 30 percent glazing, 25 percent masonry and 60 percent stucco as depicted in
the graphic below. Elevations of the building will provide one private balcony per unit
and building corners will provide a change in color or matterial from immediately
adjacent building secttions on floors 1 through 4. The northwest corner will include a
wrap around balcony as depicted in the graphic below. The final elevations and
building plans submitted to the City will incorporate the provisions outlined in the
development narrative and shall follow the Design Guidelines of Section 507.Tab A of
the Phoenix Zoning Ordinance.




Page 410
Staff Report: Z-63-20-2
March 26, 2021


A minimum of 75 percent of the garage structure visible from the public right-of-way
shall be wrapped by dwelling units. The remainder of the parking structure shall be
screened with architectural material consistent with the primary building façade as
outlined in the development narrative. The landscape design shall have a uniformed
streetscape design and a uniform perimeter design. Several residential amenities are
also proposed, which are outlined below.




Conceptual Elevations, Source: Nelsen Partners


Parking Standards
The proposed parking
exceeds what is required
by Section 702 of the
zoning ordinance.

The PUD proposes a
minimum of .25 bicycle
space per unit with a
maximum of 25 spaces
and shall comply with
Section 1307.H. of the City
of Phoenix Zoning
Ordinance.


Parking Standards, Source: Nelsen Partners




Page 411
Staff Report: Z-63-20-2
March 26, 2021


Fences/Walls
All site fences and walls will be consistent with Section 703.A of the Phoenix Zoning
Ordinance. In addition, all screen walls shall include architectural detailing consistent
or complementary to the building facade.

Amenities
The PUD proposes amenities intended for use by residents and guests to include a
clubhouse no less than 9,000 square feet, fitness center no less than 1,800 square
feet, fifth floor viewing deck, swimming pool or spa and at least three of the following:
• Lounge deck

• Shaded outdoor dining area

• Water features

• Barbeque grills

• Fire features

• Seating nodes


Shade
The proposed shade standards require that a minimum of 75 percent of shade cover
be provided at maturity over public sidewalks and 50 percent shade coverage over
private sidewalks.

Lighting Plan
All lighting will be consistent with the standards of Section 704 (Environmental
Performance Standards) of the Phoenix Zoning Ordinance and Section 507 Tab A.
and Section 23-100 of the City Code.

Signage
The proposed sign standards shall comply with Section 705.C.6 of the City of Phoenix
Zoning Ordinance.

Sustainability
The Development Narrative proposes several options to incorporate sustainability
principals including drought tolerant landscaping, LED landscape and exterior building
lighting, and recycling receptacles. The project also proposes retaining established
tree where possible along Greenway Parkway and Marilyn Roads, where possible
and the utilization of low flow water fixtures.

PUD Compatibility to Zoning Ordinance




Page 412
Staff Report: Z-63-20-2
March 26, 2021


The PUD proposes building setbacks that are comparable or greater than what is
required by the Phoenix Zoning Ordinance in the CP/GCP zoning district. The interior
setbacks are proposed at 15 feet, where the zoning ordinance is 0 feet and the street
setbacks are proposed at 30 feet where the zoning ordinance requires a 30 foot
setback along the perimeter of Commerce Park zoning and 20 feet on the interior. All
property boundaries adjacent to public streets will include enhanced landscaping with
7 foot and 5 foot wide detached sidewalks. Shade at 75 percent coverage at maturity
will be provided to increase pedestrian comfort and activity. The open space
standards are greater, requiring a minimum of 26,000 square feet or a minimum of 10
percent of the total gross site area where the CP/GPC code section does not require
open space. The PUD landscape setbacks proposed are comparable or greater
compared to the minimum requirement of the Phoenix Zoning Ordinance and require
that 60 percent of trees be a minimum of 2-inch caliper and 40 percent be 3-inch
caliper planted along all public rights-of-way to include Kierland Boulevard, Marilyn
Road and Greenway Parkway.

Phasing
The project will be constructed in one phase.

AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
8. Tree and Shade Master Plan
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the city’s planning and
development process. In addition, a vision in the master plan is to raise awareness by
leading by example. The proposal includes landscaped pedestrian walking paths,
open space areas and greater planting standards than otherwise required by the City
of Phoenix Zoning Ordinance.

9. Complete Streets Guiding Principles
In 2014, the Phoenix City Council adopted the Complete Streets Guiding Principles.
The principles are intended to promote improvements that provide an accessible,
safe, and connected transportation system to include all modes, such as bicycles,
pedestrians, transit, and vehicles. There are proposed detached sidewalks adjacent to
the public streets and multiuse pathways throughout the site which provides a safer
and more comfortable pedestrian experience.




Page 413
Staff Report: Z-63-20-2
March 26, 2021


10. Comprehensive Bicycle Master Plan
The Comprehensive
Bicycle Master Plan
also supports options
for both short-and
long-term bicycle
parking as a means of
promoting bicyclist
traffic to a variety of
destinations. The
proposal requires
bicycle parking spaces
be provided on the
site. Bicycle racks
shall consist of an
inverted-U or other
decorative design and
installed per the
requirements of
Section 1307. H.
Source: Dero



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 is addressed in the PUD narrative.

COMMUNITY INPUT SUMMARY
12. At the time the staff report was written, staff has not received any community
correspondence since the application was submitted.

INTERDEPARTMENTAL COMMENTS
13. The Street Transportation Department has proposed stipulations requiring that all
streets within and adjacent to the development, shall be constructed with all
mandatory elements. All improvements shall meet ADA requirements. No preliminary
approval of plans shall be granted until a Traffic Impact Study/Statement is reviewed
and approved by the City. These are addressed in Stipulation Nos. 2 and 3.




Page 414
Staff Report: Z-63-20-2
March 26, 2021


14. The City of Scottsdale Aviation Department expressed concern with the location of
this project as it relates to the airports flight paths and the 55 and 60 DNL noise
contours of Scottsdale Airport. The City of Scottsdale comments and proposed
stipulations were provided to the City of Phoenix Aviation Department for review.

15. The City of Phoenix Aviation Department has noted that the site is within the
Scottsdale Municipal Airport (SDL) traffic pattern airspace, therefore, the developer
shall provide notice to prospective purchasers of the existence and operation
characteristics of the Scottsdale Airport and shall provide documentation that Form
7460-1 from the FAA. The requirements are addressed in Stipulation Nos. 4 and 5.

16. The Phoenix Fire Department has noted that they do not anticipate any problems with
this case and that the site and/or buildings shall comply with the Phoenix Fire Code.

17. The City of Phoenix Floodplain Management division of the Public Works Department
has determined that this parcel is not in a Special Flood Hazard Area (SFHA), but is
located in a Shaded Zone X, on panel 1760 L of the Flood Insurance Rate Maps
(FIRM) dated October 16, 2013.

18. The City of Phoenix Water Services Department has noted the property has existing
water and sewer mains that can potentially serve the proposed development.
However, there is potential need to up size existing water and sewer infrastructure
mains so that any remodels or new buildings will be able to meet domestic and fire
code requirements.

OTHER
19. The site has not been identified as being archaeologically sensitive. However, in the
event archaeological materials are encountered during construction, all ground
disturbing activities must cease within 33-feet of the discovery and the City of Phoenix
Archaeology Office must be notified immediately and allowed time to properly assess
the materials. This is addressed in Stipulation No. 6.

20. 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.




Page 415
Staff Report: Z-63-20-2
March 26, 2021


Findings

1. The proposed development contains enhanced standards that will result is a more
walkable, shaded and pedestrian-friendly environment.

2. The proposed development will provide additional housing options close to employers
a designated Major Employment Center.

3. The development will provide increased shade which will help to reduce the urban heat
island effect.

Stipulations

1. An updated Development Narrative for the RD Kierland 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 March 15, 2021, as modified by the following stipulations:

a. Front Cover: Remove “HEARING DRAFT” and revise submittal date information on
bottom of the cover page as follows:
1st Submittal: November 18, 2020
2nd Submittal: January 29, 2021
Hearing Draft: March 15, 2021

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

3. The developer shall submit a Traffic Impact Study (TIS) to the City for this development.
No preliminary approval of plans shall be granted until the study had been reviewed
and approved by the City. Additional off-site improvements and right-of-way dedications
may be required as identified in the approved traffic study. Development shall be
responsible for the cost associated with these improvements and dedications.

4. The property owner shall record documents that disclose the existence, and operational
characteristics of Scottsdale Municipal Airport (SDL) to future owners or tenants of the
property. The form and content of such documents shall be according to the templates
and instructions provided which have been reviewed and approved by the City
Attorney.




Page 416
Staff Report: Z-63-20-2
March 26, 2021


5. The developer shall provide documentation to the City of Phoenix prior to final site plan
approval that Form 7460-1 has been filed for the development and that the
development received a “No Hazard Determination” from the FAA. If temporary
equipment used during construction exceeds the height of the permanent structure a
separate Form 7460-1 shall be submitted to the FAA and a “No Hazard Determination”
obtained prior to the construction start date.

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

Writer
David Simmons
March 26, 2021

Team Leader
Samantha Keating

Exhibits
Zoning Sketch Map
Zoning Aerial Map
RD Kierland PUD Development Narrative date stamped March 15, 2021




Page 417
C-2 M-R PCD *
Z-24-03


PUD *
Z-3-18




KIERLAND BLVD
C-2 PCD *
RH SP PCD * CP/GCP Z-66-97
Z-11-C-75
PCD *
Z-11-F-75

GREENWAY PKWY




SCOTTSDALE RD
GC/PCD *




CITY OF SCOTTSDALE
Z-11-F-75
CP/GCP
PCD *
Z-11-C-75



MARILYN RD

71ST ST PCD *
Z-11-C-75

PUD *
Z-14-20




R-3A PCD * R-3A
Z-11-C-75 PCD *
Z-48-91 CP/GCP *
PCD
Z-48-91
ACOMA DR


I
DEER VALLEY DR

SR 101 Z-63-20
Miles UNION HILLS DR




A W P EA K PKWY (SR 51)
BELL RD
0.07 0.035 0 0.07
PARADISE VALLEY VILLAGE
GREENWAY RD

THUNDERBIRD RD

CITY COUNCIL DISTRICT: 2 CACTUS RD




SCOTTSDALE RD
SHEA BLVD
QU

16TH ST 56TH ST 64TH ST
24TH ST S

TATUM BLVD
32ND ST
40TH ST




APPLICANT'S NAME: REQUESTED CHANGE:
Trey Brandt, RD Kierland
FROM:
CP/GCP PCD ( 7.14 a.c.)
APPLICATION NO. DATE:
11/23/2020
Z-63-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
7.14 Acres QS 34-44 L-12 TO: PUD ( 7.14 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
CP/GCP PCD N/A N/A
PUD 360 N/A

* Maximum Units Allowed with P.R.D. Bonus
Page 418
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-63-20.mxd
C-2 M-R PCD *
Z-24-03


PUD *
Z-3-18




KIERLAND BLVD
C-2 PCD *
RH SP PCD * CP/GCP Z-66-97
Z-11-C-75
PCD *
Z-11-F-75

GREENWAY PKWY




SCOTTSDALE RD
GC/PCD *




CITY OF SCOTTSDALE
Z-11-F-75
CP/GCP
PCD *
Z-11-C-75



MARILYN RD

71ST ST PCD *
Z-11-C-75

PUD *
Z-14-20




R-3A PCD * R-3A
Z-11-C-75 PCD *
Z-48-91 CP/GCP *
PCD
Z-48-91
ACOMA DR Maricopa County Assessor's Office




I
DEER VALLEY DR

SR 101 Z-63-20
Miles UNION HILLS DR




A W P EA K PKWY (SR 51)
BELL RD
0.07 0.035 0 0.07
PARADISE VALLEY VILLAGE
GREENWAY RD

THUNDERBIRD RD

CITY COUNCIL DISTRICT: 2 CACTUS RD




SCOTTSDALE RD
SHEA BLVD
QU

16TH ST 56TH ST 64TH ST
24TH ST S

TATUM BLVD
32ND ST
40TH ST




APPLICANT'S NAME: REQUESTED CHANGE:
Trey Brandt, RD Kierland
FROM:
CP/GCP PCD ( 7.14 a.c.)
APPLICATION NO. DATE:
11/23/2020
Z-63-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
7.14 Acres QS 34-44 L-12 TO: PUD ( 7.14 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
CP/GCP PCD N/A N/A
PUD 360 N/A

* Maximum Units Allowed with P.R.D. Bonus
Page 419
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-63-20.mxd
Attachment C




Village Planning Committee Meeting Summary
Z-63-20-2
INFORMATION ONLY

Date of VPC Meeting February 1, 2021
Request From CP/GCP PCD
Request To PUD
Location Southeast corner of Kierland Boulevard and Greenway
Parkway

VPC DISCUSSION:

Cases GPA-PV-1-20-2 and Z-63-20-2 were heard concurrently.

Mr. Nick Wood, with Snell & Wilmer, representing the applicant, went over the
General Plan Land Use Map designation for the site and surrounding area. He
went over the surrounding zoning designations and shared that this proposal or a
mid-rise commercial building were the only two project types that would be
suitable for the site. Mr. Wood shared a conceptual site plan in the presentation
and went over specific site details to include a wrapped parking structure, ingress
and egress points, landscaping, interior amenity areas, height and unit count. He
also went over a comparative development standards table.
Vicechair Joe Lesher shared concerns about pedestrians crossing the street to
the north.
Mr. Wood shared that no crosswalks were proposed along Greenway Parkway.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 420
Attachment D




Village Planning Committee Meeting Summary
Z-63-20-2

Date of VPC Meeting April 5, 2021
Request From CP/GCP PCD
Request To PUD
Location Southeast corner of Kierland Boulevard and Greenway
Parkway

VPC DISCUSSION:

Cases GPA-PV-1-20-2 and Z-63-20-2 were heard concurrently.

The Planning Commission will consider this request on May 6, 2021
Mr. David Simmons, staff, went over the General Plan Amendment request as
well as the rezoning case. Be shared that the character of the area did not
develop as originally envisioned back in the 1970’s as Industrial, but instead, has
developed with high end residential and commercial uses in a highly desirable
area of the city. He went over the existing General Plan Land Use Map
designations in the surrounding area, the current and proposed zoning
designation on the site and surrounding area and tied the staff recommendation
to several policy plans such that helped to formulate support for the case at a
staff level. He shared several stipulations and asked if the committee had any
questions for staff.
Ms. Toby Gerst asked who was authorized to submit the General Plan
Amendment request.
Mr. Simmons shared that the owner signed an ownership authorization form as
part of the submittal requirements.
Applicants Presentation:
Mr. Nick Wood, with Snell & Wilmer, representing The Related Group, shared
an in-depth presentation with the committee. He went over the history of the site,
the current and proposed General Plan Land Use Maps designation on the site
and the existing and proposed zoning designations on the site. He also shared
that the City of Phoenix currently has a housing shortage and this area is highly
desirable as it is in a major employment center that is continuing to expand. Mr.
Wood shared the parking requirements for the proposal, went over the
conceptual site plan and elevations and highlighted the auto court area on the
west side of the property. Further, Mr. Wood expanded on the enhanced

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 421
development standards being offered as part of the proposal, showing how the
project goes above and beyond the underlying zoning designation.
Public Comment:
None
Applicants Response:
None
Committee Discussion:
Mr. Alex Popovic asked if the current zoning was Industrial.
Mr. Wood shared that the current zoning is CP/GCP, but the current General
Plan Land Use Map designation is Industrial.
MOTION:
Ms. Jennifer Hall made a motion to recommend approval of Rezoning Case No.
Z-63-20-2, per the staff recommendation.
Mr. Robert Goodhue seconded the motion.
VOTE:
13-0 with committee members Balderrama, Cantor, Cashman, Gerst, Goodhue,
Hall, Maggiore, Popovic, Sparks, Ward, Wise, Gubser and Lesher in favor.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 422
Attachment E

REPORT OF PLANNING COMMISSION ACTION
May 6, 2021

ITEM NO: 7
DISTRICT NO.: 2
SUBJECT:

Application #: Z-63-20-2 (Companion Case GPA-PV-1-20-2) (RD Kierland PUD)
Location: Southeast corner of Kierland Boulevard and Greenway Parkway
From: CP/GCP PCD
To: PUD
Acreage: 7.14
Proposal: Planned Unit Development for multifamily residential and
commercial uses.
Applicant: Trey Brandt, RD Kierland
Owner: York Street Inn, Inc.
Representative: Nick Wood, Esq., Snell & Wilmer, LLP

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Paradise Valley 2/1/2021 Information only.
Paradise Valley 4/5/2021 Approval, per the staff recommendation. Vote: 13-0.

Planning Commission Recommendation: Approval, per the Paradise Valley Village
Planning Committee recommendation, with an additional stipulation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve Z-63-20-2, per the
Paradise Valley Village Planning Committee recommendation, with the additional
stipulation as read into the record.

Maker: Howard
Second: Mangum
Vote: 9-0
Absent: None
Opposition Present: One registration in opposition; however, they were not
present in the meeting.

Findings:

1. The proposed development contains enhanced standards that will result in a
more walkable, shaded and pedestrian-friendly environment.

2. The proposed development will provide additional housing options close to
employers in a designated Major Employment Center.




Page 423
3. The development will provide increased shade which will help to reduce the
urban heat island effect.

Stipulations:

1. An updated Development Narrative for the RD Kierland 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 March 15, 2021, as modified by the
following stipulations:

a. Front Cover: Remove “HEARING DRAFT” and revise submittal date
information on bottom of the cover page as follows:
1st Submittal: November 18, 2020
2nd Submittal: January 29, 2021
Hearing Draft: March 15, 2021

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

3. The developer shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study
had been reviewed and approved by the City. Additional off-site improvements
and right-of-way dedications may be required as identified in the approved
traffic study. Development shall be responsible for the cost associated with
these improvements and dedications.

4. The property owner shall record documents that disclose the existence, and
operational characteristics of Scottsdale Municipal Airport (SDL) to future
owners or tenants of the property. The form and content of such documents
shall be according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

5. The developer shall provide documentation to the City of Phoenix prior to final
site plan approval that Form 7460-1 has been filed for the development and
that the development received a “No Hazard Determination” from the FAA. If
temporary equipment used during construction exceeds the height of the
permanent structure a separate Form 7460-1 shall be submitted to the FAA
and a “No Hazard Determination” obtained prior to the construction start date.

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




Page 424
7. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED
IN THE REZONING APPLICATION FILE FOR RECORD.

This publication can be made available in alternate format upon request. Please contact
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 425
Attachment F


From: PDD Planning Commission
Subject: FW: Planning Commission meeting, May 6



From: Amy Satterfield
Sent: Thursday, May 6, 2021 4:32 PM
To: PDD Planning Commission
Subject: Re: Planning Commission meeting, May 6

I just wanted to publicly go on record that the developer has demonstrated a willingness to work with the neighborhood
and has agreed to fund a comprehensive traffic study for the entire Kierland area. This is something the City of Phoenix
wouldn’t be able to fund otherwise and will greatly benefit the area moving forward.

Amy
mamsat5@cox.net




Page1 426



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Ordinance Adoption - Rezoning Application Z-61-20-8 -
Northeast Corner of 16th Street and Chipman Road (Ordinance G-6864)

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-61-20-
8 and rezone the site from R1-6 SPVTABDO (Single-Family Residence District, South
Phoenix Village and Target Area B Design Overlay) and R-5 SPVTABDO (Multifamily
Residence District, South Phoenix Village and Target Area B Design Overlay) to C-1
SPVTABDO (Neighborhood Retail, South Phoenix Village and Target Area B Design
Overlay) to allow multifamily or single-family residential. This file is a companion case
to Z-62-20-8 and should be heard first, followed by Z-62-20-8.

Summary
Current Zoning: R1-6 SPVTABDO and R-5 SPVTABDO
Proposed Zoning: C-1 SPVTABDO
Acreage: 2.50
Proposed Use: Multifamily or single-family residential

Owner/Applicant: Ran Edelman
Representative: John Connelly

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The South Mountain Village Planning Committee heard this case on
March 9, 2021 and recommended a continuance to April 13, 2021, by a vote of 16-3.
PC Action: The Planning Commission heard this case on April 1, 2021 and
recommended approval, per the staff recommendation with an additional stipulation,
by a vote of 8-0.

Location
Northeast corner of 16th Street and Chipman Road
Council District: 8
Parcel Address: No address




Page 427

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




Page 428
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-61-20-8) FROM R1-6 SPVTABDO (SINGLE-FAMILY
RESIDENCE DISTRICT, SOUTH PHOENIX VILLAGE AND
TARGET AREA B DESIGN OVERLAY) AND R-5 SPVTABDO
(MULTIFAMILY RESIDENCE DISTRICT, SOUTH PHOENIX
VILLAGE AND TARGET AREA B DESIGN OVERLAY) TO C-1
SPVTABDO (NEIGHBORHOOD RETAIL DISTRICT, SOUTH
PHOENIX VILLAGE AND TARGET AREA B DESIGN OVERLAY).

____________



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

follows:

SECTION 1. The zoning of a 2.50-acre site located at northeast corner of

16th Street and Chipman Road in a portion of Section 27, Township 1 North, Range 3

East, as described more specifically in Exhibit “A”, is hereby changed from 1.72 acres of

“R1-6 SPVTABDO” (Single-Family Residence District, South Phoenix Village and

Target Area B Design Overlay) and 0.78-acres of “R-5 SPVTABDO” (Multifamily

Residence District, South Phoenix Village and Target Area B Design Overlay) to “C-1

SPVTABDO” (Neighborhood Retail District, South Phoenix Village and Target Area B

Design Overlay) to allow multifamily or single-family residential.




Page 429
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. Building elevations shall be developed to the following standards, as
approved by the Planning and Development Department:

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

b. Building elevations adjacent and oriented towards 16th Street and the
south property line, excluding drive aisles, shall contain a minimum of
25 percent brick, masonry, stone or another exterior accent material
that exhibits quality and durability.

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

2. Building height shall be limited to two stories and 30 feet.

3. Individual units shall provide an entryway that is either elevated, depressed or
includes a feature such as a low wall to accentuate the primary entrance, as
approved by the Planning and Development Department.

4. There shall be no balconies on the upper floors of residential dwellings
oriented towards the eastern property line.

5. The development shall provide a minimum 300-square foot ornamental
feature along the northeast corner of 16th Street and Chipman Road or the
Chipman Road alignment to include the following elements, as approved by
the Planning and Development Department:

a. A landscaped accent area, exclusive of perimeter landscaping and
right-of-way, shall be provided. The landscaped accent areas shall


Page 430
provide a visually unique character with drought-tolerant plant
materials providing seasonal interest and 75 percent live cover.

b. The entry feature shall incorporate elements that may include, but are
not limited to walls, architectural enhancements, art features, natural
features such as boulders or fountains, or other uniquely identifying
elements.

c. The entry feature shall utilize accents, colors and materials consistent
with the adjacent development.

d. Where utility conflicts exist, the developer shall work with the Planning
and Development Department on alternative design solutions.

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

7. The development shall include the following amenities and elements at a
minimum, distributed between the open space area (s), as approved by the
Planning and Development Department:

a. Two barbecue grills and two picnic tables.

b. Community garden areas of no less than a combined 200 square feet
that will include a garden tool library, irrigation, and one bench or
seating feature to enable year-round planting.

c. One pedestrian seating node containing at least one bench or seating
feature and located within close proximity to Chipman Road or
Chipman Road alignment.

d. Open space areas shall provide a minimum 50 percent shade,
including amenity and seating areas, and a minimum of 50 percent live
vegetative cover (shrubs, grasses, or groundcover plants).

8. The developer shall provide a system of pedestrian thoroughfares as
described below and as approved or modified by the Planning and
Development Department:

a. The developer shall provide a minimum of one pedestrian path
connecting the sidewalk along 16th Street with residential units along
the eastern property line via the most direct route.

b. Illuminated by pedestrian scale lighting per Section 1304(H)5 for the
pathway connecting the site east to west.



Page 431
c. Where pedestrian paths and vehicular crossings exist, the pathway
shall be constructed of decorative pavers, stamped or colored
concrete, or other pavement treatments that visually contrasts parking
and drive aisle surfaces. Vehicular crossings shall be kept to a
minimum.

d. Pedestrian paths shall be shaded to a minimum of 75 percent using
architectural shade and/or shade trees at full maturity.

e. Connections to/between:

(1) All residential dwellings;

(2) All amenity and active open space areas;

(3) The sidewalk along 16th Street;

(4) The sidewalk along Chipman Road or Chipman Road
alignment;

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

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

10. The required landscape setback areas along 16th Street, Chipman Road, and
the alley along the east property line shall be planted with drought-tolerant
trees including minimum 75 percent 2-inch caliper and 25 percent 3-inch
caliper, if the site develops as a residential use, as approved by the Planning
and Development Department.

11. All sidewalks along 16th Street shall be detached with a landscape strip
located between the sidewalk and back of curb following the most recent
Cross Section of the Street Classification Map and planted to the following
standards, as approved by the Planning and Development Department.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.

a. Minimum 2-inch caliper large canopy shade trees placed a minimum of
25 feet on center or equivalent groupings to provide shade to a
minimum 75 percent at full maturity.



Page 432
b. Drought tolerant vegetation designed to grow to a maximum mature
height of 24 inches and achieve 75 percent live coverage.

12. The developer shall dedicate 50 feet of right-of-way for the east side of 16th
Street and provide a detached sidewalk as required by Cross Section D, as
approved by the Planning and Development Department.

13. The Developer shall remove the existing driveway along 16th Street and
construct a public street connection for Chipman Road.

14. The developer shall dedicate 25 feet of right-of-way for the north half of
Chipman Road transitioning to a total 50-foot dedication to match the existing
Chipman Road on the east side of the property.

15. The developer shall dedicate 6 feet along the alley on the eastern side of the
development, as approved by the Planning and Development 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 developer shall record a Notice of Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Sky Harbor International Airport (PHX) to future owners or tenants of
the property.

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

19. If determined necessary by the Phoenix Archeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of
the development area for review and approval by the City Archeologist prior
to clearing and grubbing, landscape salvage, and/or grading approval.

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

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




Page 433
22. 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 5th day of May, 2021.


________________________________
MAYOR

ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney



REVIEWED BY:

____________________________City Manager

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




Page 434
EXHIBIT A

LEGAL DESCRIPTION FOR Z-61-20-8

That portion of the Northwest quarter of Section 27, Township 1 North, Range 3 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as
follows:

BEGINNING at a point on the West line of said Northwest quarter of Section 27, from
which the Southwest corner of said Northwest quarter of Section 27 bears South
1254.44 feet and the Northwest corner of said Section 27 bears North 1383.96 feet;

Thence East 616.28 feet;

Thence South 176.71 feet;

Thence West 616.28 feet to a point on the West lien of said Northwest quarter of
Section 27;

Thence North along said West line of the Northwest quarter of Section 27, a distance of
176.71 feet to the POINT OF BEGINNING;

EXCEPT the West 40 feet for road.




Page 435
Page 436
$WWDFKPHQW%




Staff Report Z-61-20-8 and Z-62-20-8
March 4, 2021

South Mountain Village Planning March 9, 2021
Committee Meeting Date:
Planning Commission Hearing Date: April 1, 2021
Request From (Z-61-20-8): R1-6 SPVTABDO (Single-Family
Residence District, South Phoenix
Village Target Area B Design Overlay)
(1.72 acres) and R-5 SPVTABDO
(Multifamily Residence District, South
Phoenix Village Target Area B Design
Overlay) (0.78 acres)
Request To (Z-61-20-8) C-1 SPVTABDO (Neighborhood Retail,
South Phoenix Village Target Area B
Design Overlay District) (2.50 acres)
Request From (Z-62-20-8): R1-6 SPVTABDO, pending C-1
SPVTABDO (Single-Family Residence
District, South Phoenix Village Target
Area B Design Overlay, pending
Neighborhood Retail, South Phoenix
Village Target Area B Design Overlay)
and R-5 SPVTABDO, pending C-1
SPVTABDO (Multifamily Residence
District, South Phoenix Village Target
Area B Design Overlay, pending
Neighborhood Retail, South Phoenix
Village Target Area B Design Overlay)
(2.50 acres)
Request To (Z-62-20-8): C-1 DNS/WVR SPVTABDO
(Neighborhood Retail, Density Waiver,
South Phoenix Village Target Area B
Design Overlay District) (2.50 acres)
Proposed Use: Single-family attached residential
Location: Northeast corner of 16th Street and
Chipman Road

Owner / Applicant: Ran Edelman




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March 4, 2021




Representative: John Connelly
Staff Recommendation: Approval, subject to stipulations



General Plan Conformity

Mixed Use (Commercial/Commerce/ Business
General Plan Land Use Map Designation
Park)

16th Street Arterial Street 40-foot east half street
Street Map Classification Chipman 0-foot north half street (not
Local Street
Road dedicated)

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE VALUE;
CLEAN NEIGHBORHOODS; Facilitate the acquisition of vacant, underutilized and blighted
parcels for appropriate redevelopment, compatible with the adjacent neighborhood
character and adopted area plans.

The proposed development would add attached single-family residential homes on a vacant
underutilized site at a scale that is compatible with the surrounding land uses and appropriate
considering its location next to an arterial street where alternative transportation routes exist. The
requested C-1 DNS/WVR zoning and proposed single-family attached use is also consistent with
the “Mixed Use” land use designation in the Target Area B Redevelopment Plan.


CONNECT PEOPLE AND PLACES CORE VALUE ; COMPLETE STREETS; DESIGN
PRINCIPLE: In order to balance a more sustainable transportation system, development
should be designed to include increased amenities for transit, pedestrian and bicyclists
such as shade, water, seating, bus shelters, wider sidewalks, bike racks, pedestrian scale
lighting and way-finding.

The proposal, as stipulated, provides a system of lit and shaded pedestrian pathways that
connects residential units with adjacent streets and amenities, encouraging pedestrian
connectivity. The site is also located within close proximity to 16th Street, served by a public bus
service that provides alternative transportation routes which connect to employment areas near
the Phoenix Sky Harbor Airport. Furthermore, a seating amenity along the Chipman Road
alignment, will provide a place to rest for pedestrians walking along this corridor.




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March 4, 2021




CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND USE
PRINCIPLE: Support reasonable levels of increased intensity, respectful of local
conditions and surrounding neighborhoods.

The development, as stipulated, provides a reasonable level of intensity that is respectful to local
conditions by mitigating potential impacts to the nearby single-family residential neighborhood
with building height and balcony limitations plus landscaping enhancements.


BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE; DESIGN
PRINCIPLE: Integrate trees and shade into the design of new development and
redevelopment projects throughout Phoenix.

The proposal, as stipulated, will be required to provide shade along the adjacent sidewalks,
pedestrian paths connecting the development to adjacent streets and amenity areas. This will
help to encourage walking and to mitigate the urban heat island effect by covering hard surfaces,
thus cooling the micro-climate around the project vicinity.


Applicable Plans, Overlays, and Initiatives

Target Area B Redevelopment Plan: See Background Item No. 4.

Tree and Shade Master Plan: See Background Item No. 10.

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
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Surrounding Land Uses and Zoning
Land Use Zoning
On Site Vacant / Undeveloped R1-6 and R-5
North Church R1-6 and R-5
South
Restaurant, single-family
(across
residential and C-2 and R1-6
Chipman
vacant/undeveloped
Road)
East Single-family residential R1-6
West (across Warehouse/office, vacant,
Industrial Park, C-1, and C-2 SP
16th Street) and auto sales

C-1 DNS/WVR SPVTABDO
(R-3 Development Standards – Single-Family Attached Development option)**

Provisions on the proposed site
Standards R-3 Requirements
plan
Gross Acreage - 2.5 acres
Total Maximum Number of 38, up to 43 with bonus. 40 units (Met)**
Units
Maximum Density Maximum 15.23 dwelling 16 dwelling units per acre (Met)**
units per acre, up to 17.40
with bonus.
Maximum Lot Coverage 100% 40% (Met)




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March 4, 2021




Maximum Building Height 4 stories or 48 feet maximum Maximum of 2 stories and 28 feet.
as follows: (Met)

3 stories or 40 feet for first
150 feet; building height may
be increased by 1 foot with a
1 foot of increased building
setback, to a maximum of 4
stories or 48 feet.

15 foot maximum height is
permitted within 10 feet of a
single-family zoned district;
building height may be
increased by 1 foot for every
1 foot of increased building
setback.

MINIMUM BUILDING SETBACKS
Units fronting street rights- 16th Street: 10 feet Not specified
of-way
Perimeter property lines North: 10 feet North: 10 feet (Met)

East: 10 feet East: 24 feet (Met)

Units siding rights-of-way Chipman Road (South): Chipman Road (South):
15 feet 17 feet (Met)

MINIMUM LANDSCAPE SETBACKS AND STANDARDS
Residences that front an 16th Street: 10 feet Not specified
arterial, collector, or local
street rights-of-way

Residences that side an Chipman Road (South): Chipman Road:
arterial, collector, or local 15 feet 17 feet (Met)
street rights-of-way
(Trash enclosures and parking
stalls are typically not permitted
within landscape setbacks as
shown in the conceptual site plan)*




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Perimeter of the North (east portion): 10 feet North (east portion): 10 feet (Met)
development not abutting
right-of-way, but adjacent
to a single-family East: 10 feet East: Not specified*
residential district: North
(east portion) and east
property lines

Perimeter of the North (west portion): North (west portion):
development not abutting 5 feet 10 feet (Met)
right-of-way, and not
adjacent to a single-family
residential district: North
(west portion)

Minimum Open Space 5% of gross site area Not specified*

Minimum Amenities No minimum Not specified*
Provided
MINIMUM PARKING REQUIREMENTS
Parking 2 covered parking spaces per 80 parking spaces inside garages
unit, and 0.25 unreserved (2 per home) and 10 parking
guest parking spaces per spaces for guests. (Met)
unit.
*Site plan revision or variance required.
** The C-1 zoning district allows single-family attached subject to a use permit within
areas designated on the Infill Development District map (Section 608.F.8 of the Zoning
Ordinance), following the density of the R-3 zoning district. Increased density may be
permitted through a wavier up to the R-5 standards. The single-family attached
development standards do not change between the R-3 and R-5 zoning districts as part
of the Density Waiver.

Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone 2.50 acres at the northeast corner of 16th Street and
Chipman Road from R1-6 SPVTABDO (Single-Family Residence District, South
Phoenix Village Target Area B Design Overlay) and R-5 SPVTABDO (Multifamily
Residence, South Phoenix Village Target Area B Design Overlay District) to C-1
DNS/WVR SPVTABDO (Neighborhood Retail, Density Waiver, South Phoenix
Village Target Area B Design Overlay District) for a single-family attached




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residential use. Rezoning case Z-61-20-8 requests rezoning from
R1-6 SPVTABDO and R-5 SPVTABDO to C-1 SPVTABDO (Neighborhood
Retail, South Phoenix Village Target Area B Design Overlay) while rezoning
case Z-62-20-8 requests the property to be rezoned from C-1 SPVTABDO to C-1
DNS/WVR SPVTABDO (Neighborhood Retail, Density Waiver, South Phoenix
Village Target Area B Design Overlay) to allow additional density beyond the R-3
standards. The site is presently vacant and undeveloped.

Since the two rezoning cases pertain to the same property, intended to be
developed with the same land use, the rezoning case stipulations recommended
by staff for case Z-61-20-8 were also included for case Z-62-20-8. Rezoning
case Z-62-20-8 has an additional stipulation that limits the maximum density to a
maximum of 40 dwelling units.


SURROUNDING LAND USES AND ZONING
2. The surrounding area contains a
variety of residential, commercial
and industrial zoning districts
including R1-6 (Single-Family
Residence District), R-5
(Multifamily Residence District),
C-1 (Neighborhood Retail
District), C-2 (Intermediate
Commercial District), C-2 SP
(Intermediate Commercial,
Special Permit District), Ind. Pk.
(Industrial Park District) and A-2
(Industrial District). The
surrounding area is also within Zoning Aerial Map, Source: Planning and
the South Phoenix Village Target Development Department
Area B Design Overlay District,
which contains design criteria
applicable to one and two
dwelling unit developments.




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March 4, 2021




GENERAL PLAN LAND USE MAP DESIGNATIONS
3. The General Plan Land Use Map designation for the subject site is a mix of
Commercial and Commerce/Business Park. North and south of the site are
properties also designated Commercial and Commerce/Business Park.
Properties west of 16th Street across the site are also designated as Commercial
and Commerce/Business Park. East of the subject site are single-family
residential properties designed as Residential 3.5 to 5 dwelling units per acre on
the General Plan Land Use Map.

The C-1 DNS/WVR SPVTABDO zoning requested is consistent with the General
Plan Land Use Map designation and compatible with existing and future
envisioned land uses in the area.




General Plan Land Use Map, Source: Planning and Development Department




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4. Target Area B Redevelopment Plan
The Target Area B Redevelopment
Plan was adopted in 1980, updated
in 2016, for the stabilization,
development and redevelopment of
the Target Area B bounded by
Broadway Road (north), Southern
Avenue (south), 24th Street (east)
and 7th Avenue (west).

The Target Area B Redevelopment
Plan seeks to accomplish this vision
through nine redevelopment goals
that include:

1. Stabilize declining residential
neighborhoods;
2. Eliminate environmental
deficiencies;
3. Remove impediments to land
disposition;
4. Low- and moderate-income
housing units;
5. Appropriate population
densities;
6. Housing units for those
households displaced;
7. Adequate public services and
facilities;
8. Location and design of
transportation routes;
9. Create a sense of community
(live, work and play);
Target Area B Proposed Land Use map, Source:
The proposed development is located Planning and Development Department
centrally within the Target Area B
boundaries and proposes both a
zoning district and a land use that is
consistent with the Target Area B
Proposed Land Use map designation
of “Mixed Use.”




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This land use classification allows for medium to high density residential,
neighborhood commercial and industrial uses.

Furthermore, the Target Area B Redevelopment Plan states that housing stock
should consist of a range of housing types that meet a wide variety of needs,
inclinations and economic circumstances. These housing types include single-
family detached and semi-detached, multifamily apartments, units with several
bedrooms, housing with little land area per dwelling unit, among other types. The
proposed single-family attached use for this property meets the vision of the
Target Area B Redevelopment Plan and establishes a new residential product
type in an area that is predominantly single-family detached, allowing for new
housing opportunities.

PROPOSAL
5. Site Plan
The applicant is proposing 40 single-family attached residential dwellings, with
both two- and three-bedroom units, across seven residential buildings oriented
east to west. All of the proposed buildings will be two stories, under 30 feet in
height. Access to the subject site is proposed along Chipman Road, to be
dedicated as a public street, although the applicant has proposed a private
accessway along Chipman Road connecting both 16th Street along the west
and 17th Street to the east.

Vehicular access to individual units is proposed through shared driveways that
connect Chipman Road to the garages of each residential unit, where two
parking spaces will be located. Pedestrian access is proposed along the front of
each unit, which is oriented to an open space area.

Staff is recommending Stipulation No. 1 in case Z-62-20-8, requesting the
density waiver, limiting the maximum number of dwellings to 40 units, to
promote compatibility with adjacent residential uses and various residential
densities permitted via the zoning districts in the general area. The stipulated
density would permit two additional dwelling units beyond R-3 zoning district
standards.




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General conformance to the conceptual
site plan is not proposed since zoning
variances are intended to be applied for
by the applicant following the rezoning
process to address encroachments into
required landscape areas by parking
stalls and trash enclosures. In addition,
single-family attached is subject to a use
permit when located within the
development option area. Use permit and
variances undergo a separate review
process, subject to the discretion of the
Zoning Adjustment Hearing Officer.




Conceptual Site Plan with Planning and
Development Department annotations,
Source: AIE Design




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6. Elevations
The conceptual building elevations depict various architectural features such as
pitched roofs, windows of various sizes, front patios and four-sided architecture.
The conceptual building elevations proposed depict a maximum height of two
stories and 28 feet to the top of peak.

Staff is recommending a stipulation to require building elevations to incorporate a
variety of colors, materials and architectural features. This is addressed in
Stipulation No. 1 of case Z-61-20-8, in addition to requiring a minimum of 25
percent of building elevations oriented towards 16th Street and Chipman Road, a
proposed private street with shared access for existing residential properties
along the south, to provide accent materials that exhibit quality and durability.

Stipulation No. 2 of case Z-61-20-8 limits the maximum permitted building height
to 2 stories and 30 feet in order to be consistent with the adjacent single-family
zoning to the south and east. Stipulation No. 3 of case Z-61-20-8 recommends
language that requires an entryway for individual residential units in order to
promote the use of these areas by residents and to “place eyes on the street”
plus internally within the development to promote safety. Stipulation No. 4 of
case Z-61-20-8 contains language that prohibits balcony orientation along the
second story of homes towards the single-family residential area to the east to
promote the privacy of the neighboring properties.

A conformance to the conceptual building elevations is not currently proposed as
no colors or materials were indicated in these elevations, plus the proposed
housing product is subject to a separate use permit process. However, the
stipulations listed above will help ensure that the proposed buildings will
incorporate pleasing aesthetics, materials that will withstand the weather for
many years and architectural features consistent with those found in the adjacent
residential areas.




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Conceptual Building Elevations, Source: AIE Design

7. Entryway and Wall Enhancements
The development proposes a main vehicular entryway along Chipman Road, a
proposed private street, which connects to 16th Street, an arterial street. In order
to promote a sense of place for future residents, Stipulation No. 5 of case Z-61-
20-8 recommends an ornamental feature along the northeast corner of 16th
Street and Chipman Road that incorporates a landscaped accent area with other
uniquely identifying elements that are consistent with the proposed development.

Furthermore, Stipulation No. 6 of case Z-61-20-8 recommends that any
perimeter walls visible from public streets, if these are incorporated into the
development, shall include material and textural differences for visual interest
and contribute an enhanced image to the surrounding community.




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8. Open Space and Amenities
The conceptual site plan depicts
various open space areas distributed
throughout the development for future
residents to enjoy. Staff is
recommending Stipulation No. 7 of
case Z-61-20-8 to require several
amenities distributed throughout the
development including:

x Two barbeque grills and two
picnic tables;
x Community garden areas
totaling to 200 square feet
containing a tool library,
irrigation and one bench or
seating feature;
x One pedestrian seating node
within close proximity to
Chipman Road or the alignment
if approved as a private street;
x Fifty-percent shade and live
cover for open space areas,
including amenity and seating
areas;

These recommended stipulations will
encourage future residents to utilize
open space spaces to help improve
their health and engage in social Conceptual Site Plan with Planning and
interactions. Development annotations, Source: AIE Design



9. Pedestrian Circulation
The conceptual site plan depicts various pedestrian connections throughout the
development. Stipulation No. 8 of case Z-61-20-8 recommends a system of
illuminated pedestrian thoroughfares that connects residential units to adjacent
sidewalks and amenity areas. Alternative paving material shall be utilized where
pedestrian paths and vehicular drives intersect to promote safety.




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Pedestrian shading of walkways via trees and/or architectural shade to a
minimum of 75 percent is also recommended as part of this stipulation to
promote thermal comfort and walkability for the future residents to help reduce
vehicular trips when possible, plus safety via illuminated pathways.

Furthermore, to promote pedestrian safety, traffic calming measures at all
vehicular points of ingress and egress are recommended in Stipulation No. 9 of
case Z-61-20-8 to help slow vehicles departing the development and crossing
the public sidewalks.

STUDIES AND POLICIES

10. Tree and Shade Master Plan
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached
from the curbs to allow trees to be planted on both sides of the sidewalk to
provide thermal comfort for pedestrians and to reduce the urban heat island
effect. Staff is recommending several stipulations designed to provide trees and
enhance shade within the development.

Staff is recommending stipulations as part of case Z-61-20-8 for enhanced
landscaping and shaded sidewalks along some of the perimeter property lines as
follows:

x Seventy-five percent two-inch caliper and 25 percent three-inch caliper
drought-tolerant trees along 16th Street, Chipman Road and eastern
property line landscape setbacks (Stipulation No. 10).
x The sidewalk along 16th Street shall be detached a with landscape strip
located between the sidewalk and back of curb per the most recent Street
Classification Map Cross Section (Stipulation No. 11).
x Minimum 2-inch caliper large canopy shade trees placed a minimum of 25
feet on center or equivalent groupings to provide shade to a minimum of
75 percent along the sidewalk on 16th Street (Stipulation No. 11.a).
x Drought tolerant vegetation designed to grow to a maximum mature
height of 24 inches and achieve 75 percent live coverage within the
sidewalk planter to discourage mid-block crossings (Stipulation No. 11.b).

11. Complete Streets Guidelines
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as




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Staff Report: Z-61-20-8 and Z-62-20-8
March 4, 2021




bicycles, pedestrians, transit, and vehicles. This development will help to
pedestrianize the immediate street frontages by incorporating a shaded
detached sidewalk along 16th Street and a system of internal pedestrian
thoroughfares to promote walkability, as described previously.

12. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal
to become a zero-waste city, as part of the city’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial and mixed-use developments
meeting certain criteria. The proposed conceptual site plan does not show
recycling facilities, but the applicant’s materials mention that recycling bins will
be provided for this development.

13. Housing Phoenix
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan.
This Plan contains policy initiatives for the development and preservation of
housing with a vision of creating a stronger and more vibrant Phoenix through
increased housing options for residents at all income levels and family sizes.
Phoenix’s rapid population growth and housing underproduction has led to a
need for over 163,000 new housing units. Current shortages of housing supply
relative to demand are a primary reason why housing costs are increasing.
The proposed development supports the Plan’s goal of preserving or creating
50,000 housing units by 2030 by contributing to a variety housing types that will
address the supply shortage at a more rapid pace while using vacant land in a
more sustainable fashion.

If the requested C-1 DNS/WVR zoning is approved for the subject site, it would
allow the construction of 40 new single-family attached homes proposed by the
applicant, subject to a use permit and any potential variances.

COMMUNITY INPUT SUMMARY
14. As of the writing of this report, staff did not receive any correspondence from the
public regarding this request. However, Phoenix Union High School District
(PUHSD) provided a written response indicating that the school district has
adequate school facilities to accommodate the projected number of additional
students generated by the proposed rezoning within the school district’s
attendance area.




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March 4, 2021




INTERDEPARTMENTAL COMMENTS
15. The Public Transit Department provided comments pertaining to pedestrian
pathways connecting building entrances and public sidewalk via the most direct
route. Also, comments were provided to recommend alternative paving material
where pedestrian pathways cross drive aisles and providing a minimum of 75
percent shade along pedestrian paths, including public sidewalks. These
comments are addressed in Stipulation Nos. 8, 10 and 11 of case Z-61-20-8.

16. The Street Transportation Department provided comments pertaining to right-of-
way dedications along 16th Street, Chipman Road, and alleyway along the
eastern property line. Furthermore, the comments include providing detached
sidewalks along 16th Street, removing an existing driveway along 16th Street
and constructing all streets within and adjacent to the development with paving,
curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping and
other incidentals. These comments are addressed in Stipulation Nos. 11 through
16 of case Z-61-20-8.

17. The Fire Department indicated there are no problems anticipated with the case
and that the site and/or buildings shall comply with the 2018 International Fire
Code with Phoenix Amendments. Further, the Department commented that they
do not know the water supply at this site and noted that additional water supply
may be required to meet the required fire flow per the Fire Code. Lastly, it was
referenced that a fire apparatus access road needs to be provided to the site for
adequate access.

18. The Water Services Departments commented that the property has existing
water and sewer mains that can potentially serve the development. However,
capacity is a dynamic condition that can change over time due to a variety of
factors. Furthermore, the City intends to provide water and sewer service,
requirements and assurances for which are determined during the site plan
review process. For any given property, water and sewer requirements may vary
over time to be less or more restrictive depending on the status of the City’s
water and sewer infrastructure. Water mains exist along 16th Street and
Chipman Road, while sewer mains exist along 16th Street.

19. The Floodplain Management division of the Public Works Department has
indicated that the parcel is not located in a Special Flood Hazard Area (SFHA),
but located in a Shaded Zone X, on panel 2220 L of the Flood Insurance Rate
Maps (FIRM) dated February 10, 2017.




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March 4, 2021




20. 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. Furthermore, that an
avigation easement is dedicated to the City of Phoenix as this property is within
the PHX International Airport traffic pattern airspace and seeking noise sensitive
land use. These are addressed in Stipulation Nos. 17 and 18 of case Z-61-20-8.

21. 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. 19,
20 and 21 on case Z-61-20-8.

22. The developer shall provide a hydraulic/hydrologic analysis of offsite storm water
flows, when present, at the time of preliminary site plan submittal for verification
of required infrastructure in regard to lot space and density.

OTHER
23. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements such
as obtaining a use permit to conduct the proposed outdoor use in this zoning
district. Other formal actions such as, but not limited to, zoning adjustments and
abandonments, may be required.

Findings

1. The requested C-1 DNS/WVR zoning is consistent with the Phoenix General Plan
land use map designation of Mixed Use (Commercial/Commerce/Business Park)
on the subject site.

2. This proposed infill development provides a new housing option that is consistent
with surrounding developments and the Target Area B Redevelopment Plan.




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March 4, 2021




3. The development, as stipulated, allows for an appropriate residential density that
will help transition non-residential uses along 16th Street with the single-family
detached subdivision east of the subject site.



Stipulations Z-61-20-8 (C-1 SPVTABDO Zoning)

1. Building elevations shall be developed to the following standards, as approved by the
Planning and Development Department:

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

b. Building elevations adjacent and oriented towards 16th Street and the south
property line, excluding drive aisles, shall contain a minimum of 25 percent brick,
masonry, stone or another exterior accent material that exhibits quality and
durability.

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

2. Building height shall be limited to two stories and 30 feet.

3. Individual units shall provide an entryway that is either elevated, depressed or includes a
feature such as a low wall to accentuate the primary entrance, as approved by the Planning
and Development Department.

4. There shall be no balconies on the upper floors of residential dwellings oriented towards the
eastern property line.

5. The development shall provide a minimum 300-square foot ornamental feature along the
northeast corner of 16th Street and Chipman Road or the Chipman Road alignment to
include the following elements, as approved by the Planning and Development Department:

a. A landscaped accent area, exclusive of perimeter landscaping and right-of-way,
shall be provided. The landscaped accent areas shall provide a visually unique
character with drought-tolerant plant materials providing seasonal interest and 75
percent live cover.




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Staff Report: Z-61-20-8 and Z-62-20-8
March 4, 2021




b. The entry feature shall incorporate elements that may include, but are not limited
to walls, architectural enhancements, art features, natural features such as
boulders or fountains, or other uniquely identifying elements.

c. The entry feature shall utilize accents, colors and materials consistent with the
adjacent development.

d. Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions.

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

7. The development shall include the following amenities and elements at a minimum,
distributed between the open space area (s), as approved by the Planning and
Development Department:

a. Two barbecue grills and two picnic tables.

b. Community garden areas of no less than a combined 200 square feet that will
include a garden tool library, irrigation, and one bench or seating feature to
enable year-round planting.

c. One pedestrian seating node containing at least one bench or seating feature
and located within close proximity to Chipman Road or Chipman Road alignment.

d. Open space areas shall provide a minimum 50 percent shade, including amenity
and seating areas, and a minimum of 50 percent live vegetative cover (shrubs,
grasses, or groundcover plants).

8. The developer shall provide a system of pedestrian thoroughfares as described below and
as approved or modified by the Planning and Development Department:

a. The developer shall provide a minimum of one pedestrian path connecting the
sidewalk along 16th Street with residential units along the eastern property line
via the most direct route.

b. Illuminated by pedestrian scale lighting per Section 1304(H)5 for the pathway
connecting the site east to west.




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March 4, 2021




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

d. Pedestrian paths shall be shaded to a minimum of 75 percent using architectural
shade and/or shade trees at full maturity.

e. Connections to/between:

1. All residential dwellings;

2. All amenity and active open space areas;

3. The sidewalk along 16th Street;

4. The sidewalk along Chipman Road or Chipman Road alignment;

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

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

10. The required landscape setback areas along 16th Street, Chipman Road, and the alley
along the east property line shall be planted with drought-tolerant trees including minimum
75 percent 2-inch caliper and 25 percent 3-inch caliper, if the site develops as a residential
use, as approved by the Planning and Development Department.

11. All sidewalks along 16th Street shall be detached with a landscape strip located between
the sidewalk and back of curb following the most recent Cross Section of the Street
Classification Map and planted to the following standards, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions consistent with a
pedestrian environment.

a. Minimum 2-inch caliper large canopy shade trees placed a minimum of 25 feet
on center or equivalent groupings to provide shade to a minimum 75 percent at
full maturity.




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March 4, 2021




b. Drought tolerant vegetation designed to grow to a maximum mature height of 24
inches and achieve 75 percent live coverage.

12. The developer shall dedicate 50-feet of right-of-way for the east side of 16th Street and
provide a detached sidewalk as required by Cross Section D, as approved by the Planning
and Development Department.

13. The Developer shall remove the existing driveway along 16th Street and construct a public
street connection for Chipman Road.

14. The developer shall dedicate 25-feet of right-of-way for the north half of Chipman Road
transitioning to a total 50-foot dedication to match the existing Chipman Road on the east
side of the property.

15. The developer shall dedicate 6-feet along the alley on the eastern side of the development,
as approved by the Planning and Development 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 developer shall record a Notice of Prospective Purchasers of Proximity to Airport in
order to disclose the existence and operational characteristics of Phoenix Sky Harbor
International Airport (PHX) to future owners or tenants of the property.

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

19. If determined necessary by the Phoenix Archeology Office, the applicant shall conduct
Phase I data testing and submit an archaeological survey report of the development area
for review and approval by the City Archeologist prior to clearing and grubbing, landscape
salvage, and/or grading approval.

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




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March 4, 2021




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

Stipulations Z-62-20-8 (C-1 DNS/WVR SPVTABDO Zoning, pending C-1)

1. The development shall be limited to a maximum density of 40 dwelling units.

2. Building elevations shall be developed to the following standards, as approved by the
Planning and Development Department:

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

b. Building elevations adjacent and oriented towards 16th Street and the south
property line, excluding drive aisles, shall contain a minimum of 25 percent brick,
masonry, stone or another exterior accent material that exhibits quality and
durability.

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

3. Building height shall be limited to two stories and 30 feet.

4. Individual units shall provide an entryway that is either elevated, depressed or includes a
feature such as a low wall to accentuate the primary entrance, as approved by the Planning
and Development Department.

5. There shall be no balconies on the upper floors of residential dwellings oriented towards the
eastern property line.

6. The development shall provide a minimum 300-square foot ornamental feature along the
northeast corner of 16th Street and Chipman Road or the Chipman Road alignment to
include the following elements, as approved by the Planning and Development Department:

a. A landscaped accent area, exclusive of perimeter landscaping and right-of-way,
shall be provided. The landscaped accent areas shall provide a visually unique
character with drought-tolerant plant materials providing seasonal interest and 75
percent live cover.




Page 459
Staff Report: Z-61-20-8 and Z-62-20-8
March 4, 2021




b. The entry feature shall incorporate elements that may include, but are not limited
to walls, architectural enhancements, art features, natural features such as
boulders or fountains, or other uniquely identifying elements.

c. The entry feature shall utilize accents, colors and materials consistent with the
adjacent development.

d. Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions.

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

8. The development shall include the following amenities and elements at a minimum,
distributed between the open space area (s), as approved by the Planning and
Development Department:

a. Two barbecue grills and two picnic tables.

b. Community garden areas of no less than a combined 200 square feet that will
include a garden tool library, irrigation, and one bench or seating feature to
enable year-round planting.

c. One pedestrian seating node containing at least one bench or seating feature
and located within close proximity to Chipman Road or Chipman Road alignment.

d. Open space areas shall provide a minimum 50 percent shade, including amenity
and seating areas, and a minimum of 50 percent live vegetative cover (shrubs,
grasses, or groundcover plants).

9. The developer shall provide a system of pedestrian thoroughfares as described below and
as approved or modified by the Planning and Development Department:

a. The developer shall provide a minimum of one pedestrian path connecting the
sidewalk along 16th Street with residential units along the eastern property line
via the most direct route.

b. Illuminated by pedestrian scale lighting per Section 1304(H)5 for the pathway
connecting the site east to west.




Page 460
Staff Report: Z-61-20-8 and Z-62-20-8
March 4, 2021




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

d. Pedestrian paths shall be shaded to a minimum of 75 percent using architectural
shade and/or shade trees at full maturity.

e. Connections to/between:

1. All residential dwellings;

2. All amenity and active open space areas;

3. The sidewalk along 16th Street;

4. The sidewalk along Chipman Road or Chipman Road alignment;

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

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

11. The required landscape setback areas along 16th Street, Chipman Road, and the alley
along the east property line shall be planted with drought-tolerant trees including minimum
75 percent 2-inch caliper and 25 percent 3-inch caliper, if the site develops as a residential
use, as approved by the Planning and Development Department.

12. All sidewalks along 16th Street shall be detached with a landscape strip located between
the sidewalk and back of curb following the most recent Cross Section of the Street
Classification Map and planted to the following standards, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions consistent with a
pedestrian environment.

a. Minimum 2-inch caliper large canopy shade trees placed a minimum of 25 feet
on center or equivalent groupings to provide shade to a minimum 75 percent at
full maturity.




Page 461
Staff Report: Z-61-20-8 and Z-62-20-8
March 4, 2021




b. Drought tolerant vegetation designed to grow to a maximum mature height of 24
inches and achieve 75 percent live coverage.

13. The developer shall dedicate 50-feet of right-of-way for the east side of 16th Street and
provide a detached sidewalk as required by Cross Section D, as approved by the Planning
and Development Department.

14. The Developer shall remove the existing driveway along 16th Street and construct a public
street connection for Chipman Road.

15. The developer shall dedicate 25-feet of right-of-way for the north half of Chipman Road
transitioning to a total 50-foot dedication to match the existing Chipman Road on the east
side of the property.

16. The developer shall dedicate 6-feet along the alley on the eastern side of the development,
as approved by the Planning and Development Department.

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

18. The developer shall record a Notice of Prospective Purchasers of Proximity to Airport in
order to disclose the existence and operational characteristics of Phoenix Sky Harbor
International Airport (PHX) to future owners or tenants of the property.

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

20. If determined necessary by the Phoenix Archeology Office, the applicant shall conduct
Phase I data testing and submit an archaeological survey report of the development area
for review and approval by the City Archeologist prior to clearing and grubbing, landscape
salvage, and/or grading approval.

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




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Staff Report: Z-61-20-8 and Z-62-20-8
March 4, 2021




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

Writer
Enrique Bojórquez-Gaxiola
March 4, 2021

Team Leader
Samantha Keating

Exhibits
Zoning sketch maps (2 pages)
Aerial sketch maps (2 pages)
Conceptual Site Plan date stamped December 29, 2020 (1 page)
Conceptual Floor Plans and Elevations date stamped November 9, 2020 (6 pages)




Page 463
M
TA
AR

16TH PL
ISK
R-3 VIOLET DR
E
AV



WIER AVE
R-5 R1-6
IND.PK.
C-1
17TH ST
C-2 *
R-5 Z-69-17
Z-SP-12-17




16TH ST
A-2* C-2 South Phoenix Village
and Target Area B
Z-69-17 CHIPMAN RD
Design Overlay Distr

A-2
15TH PL
IND.PK.
MOBILE LN


C-2
7TH AVE


I
Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.035 0.0175 0 0.035 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD




Z-61-20


APPLICANT'S NAME: REQUESTED CHANGE:
Ran Edelman
FROM:
R-5 SPVTABOD ( 0.78 a.c.)
APPLICATION NO.
Z-61-20
DATE:
12/29/2020
REVISION DATES:
R1-6 SPVTABOD ( 1.72 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
2.50 Acres QS 4-31 E-9 TO: C-1 SPVTABOD ( 2.50 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SPVTABOD, R1-6 SPVTABOD 34, 9 40, 11
C-1 SPVTABOD 36 43

* Maximum Units Allowed with P.R.D. Bonus
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M
TA
AR

16TH PL
ISK
R-3 VIOLET DR
E
AV



WIER AVE
R-5 R1-6
IND.PK.
C-1
17TH ST
C-2 *
R-5 Z-69-17
Z-SP-12-17




16TH ST
A-2* C-2 South Phoenix Village
and Target Area B
Z-69-17 CHIPMAN RD
Design Overlay Distr

A-2
15TH PL
IND.PK.
MOBILE LN


C-2
7TH AVE


I
Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.035 0.0175 0 0.035 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD




Z-61-20


APPLICANT'S NAME: REQUESTED CHANGE:
Ran Edelman
FROM:
R-5 SPVTABOD ( 0.78 a.c.)
APPLICATION NO.
Z-61-20
DATE:
12/29/2020
REVISION DATES:
R1-6 SPVTABOD ( 1.72 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
2.50 Acres QS 4-31 E-9 TO: C-1 SPVTABOD ( 2.50 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SPVTABOD, R1-6 SPVTABOD 34, 9 40, 11
C-1 SPVTABOD 36 43

* Maximum Units Allowed with P.R.D. Bonus
Page 465
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M
TA
AR

16TH PL
ISK
R-3 VIOLET DR
E
AV



WIER AVE
R-5 R1-6
IND.PK.
C-1
17TH ST
C-2 *
R-5 Z-69-17
Z-SP-12-17




16TH ST
A-2* C-2 South Phoenix Village
and Target Area B
Z-69-17 CHIPMAN RD
Design Overlay Distr

A-2
15TH PL
IND.PK.
MOBILE LN


C-2
7TH AVE


I
Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.035 0.0175 0 0.035 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD




Z-62-20


APPLICANT'S NAME: REQUESTED CHANGE:
Ran Edelman
FROM:
R-5 SPVTABOD (Pending C-1) ( 0.78 a.c.)
APPLICATION NO. DATE:
12/29/2020 R1-6 SPVTABOD (Pending C-1) ( 1.72 a.c.)
Z-62-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
2.50 Acres QS 4-31 E-9 TO: C-1 DNS/WVR SPVTABOD ( 2.50 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SPVTABOD (Pending C-1), 40 (13), 11 (30)
R1-6 SPVTABOD (Pending C-1)
34 (11), 9 (25)
C-1 DNS/WVR SPVTABOD 108 130

* Maximum Units Allowed with P.R.D. Bonus
Page 466
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-62-20.mxd
M
TA
AR

16TH PL
ISK
R-3 VIOLET DR
E
AV



WIER AVE
R-5 R1-6
IND.PK.
C-1
17TH ST
C-2 *
R-5 Z-69-17
Z-SP-12-17




16TH ST
A-2* C-2 South Phoenix Village
and Target Area B
Z-69-17 CHIPMAN RD
Design Overlay Distr

A-2
15TH PL
IND.PK.
MOBILE LN


C-2
7TH AVE


I
Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.035 0.0175 0 0.035 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD




Z-62-20


APPLICANT'S NAME: REQUESTED CHANGE:
Ran Edelman
FROM:
R-5 SPVTABOD (Pending C-1) ( 0.78 a.c.)
APPLICATION NO. DATE:
12/29/2020 R1-6 SPVTABOD (Pending C-1) ( 1.72 a.c.)
Z-62-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
2.50 Acres QS 4-31 E-9 TO: C-1 DNS/WVR SPVTABOD ( 2.50 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SPVTABOD (Pending C-1), 40 (13), 11 (30)
R1-6 SPVTABOD (Pending C-1)
34 (11), 9 (25)
C-1 DNS/WVR SPVTABOD 108 130

* Maximum Units Allowed with P.R.D. Bonus
Page 467
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-62-20.mxd
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Page 474
Attachment C




Village Planning Committee Meeting Summary
Z-61-20-8

Date of VPC Meeting March 9, 2021

Request From R1-6 SPVTABDO and R-5 SPVTABDO


Request To C-1 SPVTABDO
Proposed Use Single-family residential

Location Northwest corner of 16th Street and Chipman Road

VPC Recommendation Continued to April 13, 2021

VPC Vote 16-3; Marcia Busching, Trent Marchuk and Shelly Smith in
dissent.

VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Agenda items 7 and 8 were moved out of order in the agenda and heard together.

7) Z-61-20-8 (Companion Case Z-62-20-8): Presentation, discussion, and possible
recommendation regarding a request to rezone approximately 2.50 acres located
at the northeast corner of 16th Street and Chipman Road from R1-6 SPVTABDO
(Single-Family Residence District, South Phoenix Village Target Area B Design
Overlay) and R-5 SPVTABDO (Multifamily Residence District, South Phoenix
Village Target Area B Design Overlay) to C-1 SPVTABDO (Neighborhood Retail,
South Phoenix Village Target Area B Design Overlay) to allow multifamily or
single-family residential.

8) Z-62-20-8 (Companion Case Z-61-20-8): Presentation, discussion, and possible
recommendation regarding a request to rezone approximately 2.50 acres located
at the northeast corner of 16th Street and Chipman Road from R1-6
SPVTABDO, pending C-1 SPVTABDO (Single-Family Residence District, South
Phoenix Village Target Area B Design Overlay, pending Neighborhood Retail,
South Phoenix Village Target Area B Design Overlay) and R-5 SPVTABDO,
pending C-1 SPVTABDO (Multifamily Residence District, South Phoenix Village
Target Area B Design Overlay, pending Neighborhood Retail, South Phoenix
Village Target Area B Design Overlay) to C-1 DNS/WVR SPVTABDO
(Neighborhood Retail, Density Waiver, South Phoenix Village Target Area B
Design Overlay) to allow multifamily or single-family residential.




Page 475
Chairwoman Patti Trites requested to continue cases Z-61-20-8 and Z-62-20-8 to
the April 13, 2021 South Mountain Village Planning Committee meeting.

MOTION – Z-61-20-8
Ms. Shepard made a motion to continue case Z-61-20-8 to the April 13, 2021
meeting. Mr. Brownell seconded the motion.

VOTE:
16-3 Motion passes; Marcia Busching, Trent Marchuk and Shelly Smith in
dissent.


MOTION – Z-62-20-8
Ms. Shepard made a motion to continue case Z-62-20-8 to the April 13, 2021
meeting. Mr. Brownell seconded the motion.

VOTE:
19-0 Motion passes; None in dissent.


STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:

The South Mountain Village Planning Committee recommended a continuance on
cases Z-61-20-8 and Z-62-20-8 to the April 13, 2021 meeting due to the time of the
meeting that evening which ended at 10:55pm.




Page 476
Attachment D

REPORT OF PLANNING COMMISSION ACTION
April 1, 2021

ITEM NO: 7
DISTRICT NO.: 8
SUBJECT:

Application #: Z-61-20-8 (Companion Case Z-62-20-8)
Location: Northeast corner of 16th Street and Chipman Road
From: R-5 SPVTABOD and R1-6 SPVTABOD
To: C-1 SPVTABOD
Acreage: 2.50
Proposal: Multifamily or single-family residential
Applicant: Ran Edelman
Owner: Ran Edelman
Representative: John Conelly

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
South Mountain 3/9/2021 Continued. Vote: 16-3.

Planning Commission Recommendation: Approval, per the recommendation in the staff
report and an additional stipulation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve Z-61-20-8, per the
recommendation in the staff report, with the additional stipulation as read into the record.

Maker: Howard
Second: Gorraiz
Vote: 8-0
Absent: Johnson
Opposition Present: Yes

Findings:

1. The requested C-1 zoning is consistent with the Phoenix General Plan land
use map designation of Mixed Use (Commercial/Commerce/Business Park) on
the subject site.

2. This proposed infill development provides a new housing option that is
consistent with surrounding developments and the Target Area B
Redevelopment Plan.




Page 477
3. The development, as stipulated, allows for an appropriate residential density
that will help transition non-residential uses along 16th Street with the single-
family detached subdivision east of the subject site.

Stipulations:

1. Building elevations shall be developed to the following standards, as approved
by the Planning and Development Department:

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

b. Building elevations adjacent and oriented towards 16th Street and the
south property line, excluding drive aisles, shall contain a minimum of
25 percent brick, masonry, stone or another exterior accent material
that exhibits quality and durability.

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

2. Building height shall be limited to two stories and 30 feet.

3. Individual units shall provide an entryway that is either elevated, depressed or
includes a feature such as a low wall to accentuate the primary entrance, as
approved by the Planning and Development Department.

4. There shall be no balconies on the upper floors of residential dwellings
oriented towards the eastern property line.

5. The development shall provide a minimum 300-square foot ornamental feature
along the northeast corner of 16th Street and Chipman Road or the Chipman
Road alignment to include the following elements, as approved by the Planning
and Development Department:

a. A landscaped accent area, exclusive of perimeter landscaping and
right-of-way, shall be provided. The landscaped accent areas shall
provide a visually unique character with drought-tolerant plant materials
providing seasonal interest and 75 percent live cover.

b. The entry feature shall incorporate elements that may include, but are
not limited to walls, architectural enhancements, art features, natural
features such as boulders or fountains, or other uniquely identifying
elements.

c. The entry feature shall utilize accents, colors and materials consistent
with the adjacent development.




Page 478
d. Where utility conflicts exist, the developer shall work with the Planning
and Development Department on alternative design solutions.

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

7. The development shall include the following amenities and elements at a
minimum, distributed between the open space area (s), as approved by the
Planning and Development Department:

a. Two barbecue grills and two picnic tables.

b. Community garden areas of no less than a combined 200 square feet
that will include a garden tool library, irrigation, and one bench or
seating feature to enable year-round planting.

c. One pedestrian seating node containing at least one bench or seating
feature and located within close proximity to Chipman Road or
Chipman Road alignment.

d. Open space areas shall provide a minimum 50 percent shade, including
amenity and seating areas, and a minimum of 50 percent live
vegetative cover (shrubs, grasses, or groundcover plants).

8. The developer shall provide a system of pedestrian thoroughfares as described
below and as approved or modified by the Planning and Development
Department:

a. The developer shall provide a minimum of one pedestrian path
connecting the sidewalk along 16th Street with residential units along
the eastern property line via the most direct route.

b. Illuminated by pedestrian scale lighting per Section 1304(H)5 for the
pathway connecting the site east to west.

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

d. Pedestrian paths shall be shaded to a minimum of 75 percent using
architectural shade and/or shade trees at full maturity.

e. Connections to/between:

(1) All residential dwellings;

(2) All amenity and active open space areas;




Page 479
(3) The sidewalk along 16th Street;

(4) The sidewalk along Chipman Road or Chipman Road
alignment;

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

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

10. The required landscape setback areas along 16th Street, Chipman Road, and
the alley along the east property line shall be planted with drought-tolerant
trees including minimum 75 percent 2-inch caliper and 25 percent 3-inch
caliper, if the site develops as a residential use, as approved by the Planning
and Development Department.

11. All sidewalks along 16th Street shall be detached with a landscape strip
located between the sidewalk and back of curb following the most recent Cross
Section of the Street Classification Map and planted to the following standards,
as approved by the Planning and Development Department. Where utility
conflicts exist, the developer shall work with the Planning and Development
Department on alternative design solutions consistent with a pedestrian
environment.

a. Minimum 2-inch caliper large canopy shade trees placed a minimum of
25 feet on center or equivalent groupings to provide shade to a
minimum 75 percent at full maturity.

b. Drought tolerant vegetation designed to grow to a maximum mature
height of 24 inches and achieve 75 percent live coverage.

12. The developer shall dedicate 50 feet of right-of-way for the east side of 16th
Street and provide a detached sidewalk as required by Cross Section D, as
approved by the Planning and Development Department.

13. The Developer shall remove the existing driveway along 16th Street and
construct a public street connection for Chipman Road.

14. The developer shall dedicate 25 feet of right-of-way for the north half of
Chipman Road transitioning to a total 50-foot dedication to match the existing
Chipman Road on the east side of the property.

15. The developer shall dedicate 6 feet along the alley on the eastern side of the
development, as approved by the Planning and Development Department.

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




Page 480
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 developer shall record a Notice of Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Sky Harbor International Airport (PHX) to future owners or tenants of
the property.

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

19. If determined necessary by the Phoenix Archeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

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

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

22. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED
IN THE REZONING APPLICATION FILE FOR RECORD.

This publication can be made available in alternate format upon request. Please
contact Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 481



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Ordinance Adoption - Rezoning Application Z-62-20-8 -
Northeast Corner of 16th Street and Chipman Road (Ordinance G-6865)

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-62-20-
8 and rezone the site from R1-6 SPVTABDO, pending C-1 SPVTABDO (Single-Family
Residence District, South Phoenix Village and Target Area B Design Overlay, pending
Neighborhood Retail, South Phoenix Village and Target Area B Design Overlay) and R
-5 SPVTABDO, pending C-1 SPVTABDO (Multifamily Residence District, South
Phoenix Village and Target Area B Design Overlay, pending Neighborhood Retail,
South Phoenix Village and Target Area B Design Overlay) to C-1 DNS/WVR
SPVTABDO (Neighborhood Retail, Density Waiver, South Phoenix Village and Target
Area B Design Overlay) to allow multifamily or single-family residential with a density
waiver up to 40 units. This file is a companion case to Z-61-20-8 and should be heard
immediately following.

Summary
Current Zoning: R1-6 SPVTABDO, pending C-1 SPVTABDO and R-5 SPVTABDO,
pending C-1 SPVTABDO
Proposed Zoning: C-1 DNS/WVR SPVTABDO
Acreage: 2.50
Proposed Use: Multifamily or single-family residential with a density waiver up to 40
dwelling units

Owner/Applicant: Ran Edelman
Representative: Jon Connelly

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The South Mountain Village Planning Committee heard this case on
March 9, 2021 and recommended a continuance to April 13, 2021, by a vote of 19-0.
PC Action: The Planning Commission heard this case on April 1, 2021 and
recommended approval, per the staff recommendation with an additional stipulation,
by a vote of 8-0.




Page 482

Location
Northeast corner of 16th Street and Chipman Road
Council District: 8
Parcel Address: No address

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




Page 483
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-62-20-8) FROM R1-6 SPVTABDO, PENDING C-1
SPVTABDO (SINGLE-FAMILY RESIDENCE DISTRICT, SOUTH
PHOENIX VILLAGE AND TARGET AREA B DESIGN OVERLAY,
PENDING NEIGHBORHOOD RETAIL, SOUTH PHOENIX
VILLAGE AND TARGET AREA B DESIGN OVERLAY) AND R-5
SPVTABDO, PENDING C-1 SPVTABDO (MULTIFAMILY
RESIDENCE DISTRICT, SOUTH PHOENIX VILLAGE AND
TARGET AREA B DESIGN OVERLAY, PENDING
NEIGHBORHOOD RETAIL, SOUTH PHOENIX VILLAGE TARGET
AREA B DESIGN OVERLAY DISTRICT) TO
C-1 DNS/WVR SPVTABDO (NEIGHBORHOOD RETAIL,
DENSITY WAIVER, SOUTH PHOENIX VILLAGE AND TARGET
AREA B DESIGN OVERLAY).

____________



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

follows:

SECTION 1. The zoning of a 2.50-acre site located at northeast corner of

16th Street and Chipman Road in a portion of Section 27, Township 1 North, Range 3

East, as described more specifically in Exhibit “A”, is hereby changed from 1.72 acres of

“R1-6 SPVTABDO, pending C-1 SPVTABDO” (Single-Family Residence District, South

Phoenix Village and Target Area B Design Overlay, pending Neighborhood Retail,




Page 484
South Phoenix Village and Target Area B Design Overlay) and 0.78-acres of “R-5

SPVTABDO, pending C-1 SPVTABDO” (Multifamily Residence District, South Phoenix

Village and Target Area B Design Overlay, pending Neighborhood Retail, South

Phoenix Village Target Area B Design Overlay) to “C-1 DNS/WVR SPVTABDO”

(Neighborhood Retail, Density Waiver, South Phoenix Village and Target Area B Design

Overlay) to allow multifamily or single-family residential with a density waiver up to 40

units.

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B”.

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

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

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

Phoenix Zoning Ordinance:

1. The development shall be limited to a maximum density of 40 dwelling units.

2. Building elevations shall be developed to the following standards, as approved by
the Planning and Development Department:

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

b. Building elevations adjacent and oriented towards 16th Street and the
south property line, excluding drive aisles, shall contain a minimum of 25
percent brick, masonry, stone or another exterior accent material that
exhibits quality and durability.

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

3. Building height shall be limited to two stories and 30 feet.


Page 485
4. Individual units shall provide an entryway that is either elevated, depressed or
includes a feature such as a low wall to accentuate the primary entrance, as
approved by the Planning and Development Department.

5. There shall be no balconies on the upper floors of residential dwellings oriented
towards the eastern property line.

6. The development shall provide a minimum 300-square foot ornamental feature
along the northeast corner of 16th Street and Chipman Road or the Chipman
Road alignment to include the following elements, as approved by the Planning
and Development Department:

a. A landscaped accent area, exclusive of perimeter landscaping and right-of-
way, shall be provided. The landscaped accent areas shall provide a
visually unique character with drought-tolerant plant materials providing
seasonal interest and 75 percent live cover.

b. The entry feature shall incorporate elements that may include, but are not
limited to walls, architectural enhancements, art features, natural features
such as boulders or fountains, or other uniquely identifying elements.

c. The entry feature shall utilize accents, colors and materials consistent with
the adjacent development.

d. Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions.

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

8. The development shall include the following amenities and elements at a
minimum, distributed between the open space area (s), as approved by the
Planning and Development Department:

a. Two barbecue grills and two picnic tables.

b. Community garden areas of no less than a combined 200 square feet that
will include a garden tool library, irrigation, and one bench or seating
feature to enable year-round planting.

c. One pedestrian seating node containing at least one bench or seating
feature and located within close proximity to Chipman Road or Chipman
Road alignment.




Page 486
d. Open space areas shall provide a minimum 50 percent shade, including
amenity and seating areas, and a minimum of 50 percent live vegetative
cover (shrubs, grasses, or groundcover plants).

9. The developer shall provide a system of pedestrian thoroughfares as described
below and as approved or modified by the Planning and Development
Department:

a. The developer shall provide a minimum of one pedestrian path connecting
the sidewalk along 16th Street with residential units along the eastern
property line via the most direct route.

b. Illuminated by pedestrian scale lighting per Section 1304(H)5 for the
pathway connecting the site east to west.

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

d. Pedestrian paths shall be shaded to a minimum of 75 percent using
architectural shade and/or shade trees at full maturity.

e. Connections to/between:

(1) All residential dwellings;

(2) All amenity and active open space areas;

(3) The sidewalk along 16th Street;

(4) The sidewalk along Chipman Road or Chipman Road alignment;

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

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

11. The required landscape setback areas along 16th Street, Chipman Road, and the
alley along the east property line shall be planted with drought-tolerant trees
including minimum 75 percent 2-inch caliper and 25 percent 3-inch caliper, if the
site develops as a residential use, as approved by the Planning and Development
Department.




Page 487
12. All sidewalks along 16th Street shall be detached with a landscape strip located
between the sidewalk and back of curb following the most recent Cross Section of
the Street Classification Map and planted to the following standards, as approved
by the Planning and Development Department. Where utility conflicts exist, the
developer shall work with the Planning and Development Department on
alternative design solutions consistent with a pedestrian environment.

a. Minimum 2-inch caliper large canopy shade trees placed a minimum of 25
feet on center or equivalent groupings to provide shade to a minimum 75
percent at full maturity.

b. Drought tolerant vegetation designed to grow to a maximum mature height
of 24 inches and achieve 75 percent live coverage.

13. The developer shall dedicate 50 feet of right-of-way for the east side of 16th
Street and provide a detached sidewalk as required by Cross Section D, as
approved by the Planning and Development Department.

14. The Developer shall remove the existing driveway along 16th Street and construct
a public street connection for Chipman Road.

15. The developer shall dedicate 25 feet of right-of-way for the north half of Chipman
Road transitioning to a total 50-foot dedication to match the existing Chipman
Road on the east side of the property.

16. The developer shall dedicate 6 feet along the alley on the eastern side of the
development, as approved by the Planning and Development Department.

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

18. The developer shall record a Notice of Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Sky Harbor International Airport (PHX) to future owners or tenants of the
property.

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

20. If determined necessary by the Phoenix Archeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.



Page 488
21. If Phase I data testing is required, and if, upon review of the results from Phase I
data testing, the City Archeologist, in consultation with a qualified archeologist,
determines such data recovery excavations are necessary, the applicant shall
conduct Phase II archeological data recovery excavations.

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

23. 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 5th day of May, 2021.


________________________________
MAYOR

ATTEST:

____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager

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



Page 489
EXHIBIT A

LEGAL DESCRIPTION FOR Z-62-20-8

That portion of the Northwest quarter of Section 27, Township 1 North, Range 3 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as
follows:

BEGINNING at a point on the West line of said Northwest quarter of Section 27, from
which the Southwest corner of said Northwest quarter of Section 27 bears South
1254.44 feet and the Northwest corner of said Section 27 bears North 1383.96 feet;

Thence East 616.28 feet;

Thence South 176.71 feet;

Thence West 616.28 feet to a point on the West lien of said Northwest quarter of
Section 27;

Thence North along said West line of the Northwest quarter of Section 27, a distance of
176.71 feet to the POINT OF BEGINNING;

EXCEPT the West 40 feet for road.




Page 490
Page 491
$WWDFKPHQW%




Staff Report Z-61-20-8 and Z-62-20-8
March 4, 2021

South Mountain Village Planning March 9, 2021
Committee Meeting Date:
Planning Commission Hearing Date: April 1, 2021
Request From (Z-61-20-8): R1-6 SPVTABDO (Single-Family
Residence District, South Phoenix
Village Target Area B Design Overlay)
(1.72 acres) and R-5 SPVTABDO
(Multifamily Residence District, South
Phoenix Village Target Area B Design
Overlay) (0.78 acres)
Request To (Z-61-20-8) C-1 SPVTABDO (Neighborhood Retail,
South Phoenix Village Target Area B
Design Overlay District) (2.50 acres)
Request From (Z-62-20-8): R1-6 SPVTABDO, pending C-1
SPVTABDO (Single-Family Residence
District, South Phoenix Village Target
Area B Design Overlay, pending
Neighborhood Retail, South Phoenix
Village Target Area B Design Overlay)
and R-5 SPVTABDO, pending C-1
SPVTABDO (Multifamily Residence
District, South Phoenix Village Target
Area B Design Overlay, pending
Neighborhood Retail, South Phoenix
Village Target Area B Design Overlay)
(2.50 acres)
Request To (Z-62-20-8): C-1 DNS/WVR SPVTABDO
(Neighborhood Retail, Density Waiver,
South Phoenix Village Target Area B
Design Overlay District) (2.50 acres)
Proposed Use: Single-family attached residential
Location: Northeast corner of 16th Street and
Chipman Road

Owner / Applicant: Ran Edelman




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Representative: John Connelly
Staff Recommendation: Approval, subject to stipulations



General Plan Conformity

Mixed Use (Commercial/Commerce/ Business
General Plan Land Use Map Designation
Park)

16th Street Arterial Street 40-foot east half street
Street Map Classification Chipman 0-foot north half street (not
Local Street
Road dedicated)

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE VALUE;
CLEAN NEIGHBORHOODS; Facilitate the acquisition of vacant, underutilized and blighted
parcels for appropriate redevelopment, compatible with the adjacent neighborhood
character and adopted area plans.

The proposed development would add attached single-family residential homes on a vacant
underutilized site at a scale that is compatible with the surrounding land uses and appropriate
considering its location next to an arterial street where alternative transportation routes exist. The
requested C-1 DNS/WVR zoning and proposed single-family attached use is also consistent with
the “Mixed Use” land use designation in the Target Area B Redevelopment Plan.


CONNECT PEOPLE AND PLACES CORE VALUE ; COMPLETE STREETS; DESIGN
PRINCIPLE: In order to balance a more sustainable transportation system, development
should be designed to include increased amenities for transit, pedestrian and bicyclists
such as shade, water, seating, bus shelters, wider sidewalks, bike racks, pedestrian scale
lighting and way-finding.

The proposal, as stipulated, provides a system of lit and shaded pedestrian pathways that
connects residential units with adjacent streets and amenities, encouraging pedestrian
connectivity. The site is also located within close proximity to 16th Street, served by a public bus
service that provides alternative transportation routes which connect to employment areas near
the Phoenix Sky Harbor Airport. Furthermore, a seating amenity along the Chipman Road
alignment, will provide a place to rest for pedestrians walking along this corridor.




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CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND USE
PRINCIPLE: Support reasonable levels of increased intensity, respectful of local
conditions and surrounding neighborhoods.

The development, as stipulated, provides a reasonable level of intensity that is respectful to local
conditions by mitigating potential impacts to the nearby single-family residential neighborhood
with building height and balcony limitations plus landscaping enhancements.


BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE; DESIGN
PRINCIPLE: Integrate trees and shade into the design of new development and
redevelopment projects throughout Phoenix.

The proposal, as stipulated, will be required to provide shade along the adjacent sidewalks,
pedestrian paths connecting the development to adjacent streets and amenity areas. This will
help to encourage walking and to mitigate the urban heat island effect by covering hard surfaces,
thus cooling the micro-climate around the project vicinity.


Applicable Plans, Overlays, and Initiatives

Target Area B Redevelopment Plan: See Background Item No. 4.

Tree and Shade Master Plan: See Background Item No. 10.

Complete Streets Guidelines: See Background Item No. 11.

Zero Waste PHX: See Background Item No. 12.

Housing Phoenix: See Background Item No. 13.




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Surrounding Land Uses and Zoning
Land Use Zoning
On Site Vacant / Undeveloped R1-6 and R-5
North Church R1-6 and R-5
South
Restaurant, single-family
(across
residential and C-2 and R1-6
Chipman
vacant/undeveloped
Road)
East Single-family residential R1-6
West (across Warehouse/office, vacant,
Industrial Park, C-1, and C-2 SP
16th Street) and auto sales

C-1 DNS/WVR SPVTABDO
(R-3 Development Standards – Single-Family Attached Development option)**

Provisions on the proposed site
Standards R-3 Requirements
plan
Gross Acreage - 2.5 acres
Total Maximum Number of 38, up to 43 with bonus. 40 units (Met)**
Units
Maximum Density Maximum 15.23 dwelling 16 dwelling units per acre (Met)**
units per acre, up to 17.40
with bonus.
Maximum Lot Coverage 100% 40% (Met)




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Maximum Building Height 4 stories or 48 feet maximum Maximum of 2 stories and 28 feet.
as follows: (Met)

3 stories or 40 feet for first
150 feet; building height may
be increased by 1 foot with a
1 foot of increased building
setback, to a maximum of 4
stories or 48 feet.

15 foot maximum height is
permitted within 10 feet of a
single-family zoned district;
building height may be
increased by 1 foot for every
1 foot of increased building
setback.

MINIMUM BUILDING SETBACKS
Units fronting street rights- 16th Street: 10 feet Not specified
of-way
Perimeter property lines North: 10 feet North: 10 feet (Met)

East: 10 feet East: 24 feet (Met)

Units siding rights-of-way Chipman Road (South): Chipman Road (South):
15 feet 17 feet (Met)

MINIMUM LANDSCAPE SETBACKS AND STANDARDS
Residences that front an 16th Street: 10 feet Not specified
arterial, collector, or local
street rights-of-way

Residences that side an Chipman Road (South): Chipman Road:
arterial, collector, or local 15 feet 17 feet (Met)
street rights-of-way
(Trash enclosures and parking
stalls are typically not permitted
within landscape setbacks as
shown in the conceptual site plan)*




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Perimeter of the North (east portion): 10 feet North (east portion): 10 feet (Met)
development not abutting
right-of-way, but adjacent
to a single-family East: 10 feet East: Not specified*
residential district: North
(east portion) and east
property lines

Perimeter of the North (west portion): North (west portion):
development not abutting 5 feet 10 feet (Met)
right-of-way, and not
adjacent to a single-family
residential district: North
(west portion)

Minimum Open Space 5% of gross site area Not specified*

Minimum Amenities No minimum Not specified*
Provided
MINIMUM PARKING REQUIREMENTS
Parking 2 covered parking spaces per 80 parking spaces inside garages
unit, and 0.25 unreserved (2 per home) and 10 parking
guest parking spaces per spaces for guests. (Met)
unit.
*Site plan revision or variance required.
** The C-1 zoning district allows single-family attached subject to a use permit within
areas designated on the Infill Development District map (Section 608.F.8 of the Zoning
Ordinance), following the density of the R-3 zoning district. Increased density may be
permitted through a wavier up to the R-5 standards. The single-family attached
development standards do not change between the R-3 and R-5 zoning districts as part
of the Density Waiver.

Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone 2.50 acres at the northeast corner of 16th Street and
Chipman Road from R1-6 SPVTABDO (Single-Family Residence District, South
Phoenix Village Target Area B Design Overlay) and R-5 SPVTABDO (Multifamily
Residence, South Phoenix Village Target Area B Design Overlay District) to C-1
DNS/WVR SPVTABDO (Neighborhood Retail, Density Waiver, South Phoenix
Village Target Area B Design Overlay District) for a single-family attached




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residential use. Rezoning case Z-61-20-8 requests rezoning from
R1-6 SPVTABDO and R-5 SPVTABDO to C-1 SPVTABDO (Neighborhood
Retail, South Phoenix Village Target Area B Design Overlay) while rezoning
case Z-62-20-8 requests the property to be rezoned from C-1 SPVTABDO to C-1
DNS/WVR SPVTABDO (Neighborhood Retail, Density Waiver, South Phoenix
Village Target Area B Design Overlay) to allow additional density beyond the R-3
standards. The site is presently vacant and undeveloped.

Since the two rezoning cases pertain to the same property, intended to be
developed with the same land use, the rezoning case stipulations recommended
by staff for case Z-61-20-8 were also included for case Z-62-20-8. Rezoning
case Z-62-20-8 has an additional stipulation that limits the maximum density to a
maximum of 40 dwelling units.


SURROUNDING LAND USES AND ZONING
2. The surrounding area contains a
variety of residential, commercial
and industrial zoning districts
including R1-6 (Single-Family
Residence District), R-5
(Multifamily Residence District),
C-1 (Neighborhood Retail
District), C-2 (Intermediate
Commercial District), C-2 SP
(Intermediate Commercial,
Special Permit District), Ind. Pk.
(Industrial Park District) and A-2
(Industrial District). The
surrounding area is also within Zoning Aerial Map, Source: Planning and
the South Phoenix Village Target Development Department
Area B Design Overlay District,
which contains design criteria
applicable to one and two
dwelling unit developments.




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GENERAL PLAN LAND USE MAP DESIGNATIONS
3. The General Plan Land Use Map designation for the subject site is a mix of
Commercial and Commerce/Business Park. North and south of the site are
properties also designated Commercial and Commerce/Business Park.
Properties west of 16th Street across the site are also designated as Commercial
and Commerce/Business Park. East of the subject site are single-family
residential properties designed as Residential 3.5 to 5 dwelling units per acre on
the General Plan Land Use Map.

The C-1 DNS/WVR SPVTABDO zoning requested is consistent with the General
Plan Land Use Map designation and compatible with existing and future
envisioned land uses in the area.




General Plan Land Use Map, Source: Planning and Development Department




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4. Target Area B Redevelopment Plan
The Target Area B Redevelopment
Plan was adopted in 1980, updated
in 2016, for the stabilization,
development and redevelopment of
the Target Area B bounded by
Broadway Road (north), Southern
Avenue (south), 24th Street (east)
and 7th Avenue (west).

The Target Area B Redevelopment
Plan seeks to accomplish this vision
through nine redevelopment goals
that include:

1. Stabilize declining residential
neighborhoods;
2. Eliminate environmental
deficiencies;
3. Remove impediments to land
disposition;
4. Low- and moderate-income
housing units;
5. Appropriate population
densities;
6. Housing units for those
households displaced;
7. Adequate public services and
facilities;
8. Location and design of
transportation routes;
9. Create a sense of community
(live, work and play);
Target Area B Proposed Land Use map, Source:
The proposed development is located Planning and Development Department
centrally within the Target Area B
boundaries and proposes both a
zoning district and a land use that is
consistent with the Target Area B
Proposed Land Use map designation
of “Mixed Use.”




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This land use classification allows for medium to high density residential,
neighborhood commercial and industrial uses.

Furthermore, the Target Area B Redevelopment Plan states that housing stock
should consist of a range of housing types that meet a wide variety of needs,
inclinations and economic circumstances. These housing types include single-
family detached and semi-detached, multifamily apartments, units with several
bedrooms, housing with little land area per dwelling unit, among other types. The
proposed single-family attached use for this property meets the vision of the
Target Area B Redevelopment Plan and establishes a new residential product
type in an area that is predominantly single-family detached, allowing for new
housing opportunities.

PROPOSAL
5. Site Plan
The applicant is proposing 40 single-family attached residential dwellings, with
both two- and three-bedroom units, across seven residential buildings oriented
east to west. All of the proposed buildings will be two stories, under 30 feet in
height. Access to the subject site is proposed along Chipman Road, to be
dedicated as a public street, although the applicant has proposed a private
accessway along Chipman Road connecting both 16th Street along the west
and 17th Street to the east.

Vehicular access to individual units is proposed through shared driveways that
connect Chipman Road to the garages of each residential unit, where two
parking spaces will be located. Pedestrian access is proposed along the front of
each unit, which is oriented to an open space area.

Staff is recommending Stipulation No. 1 in case Z-62-20-8, requesting the
density waiver, limiting the maximum number of dwellings to 40 units, to
promote compatibility with adjacent residential uses and various residential
densities permitted via the zoning districts in the general area. The stipulated
density would permit two additional dwelling units beyond R-3 zoning district
standards.




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General conformance to the conceptual
site plan is not proposed since zoning
variances are intended to be applied for
by the applicant following the rezoning
process to address encroachments into
required landscape areas by parking
stalls and trash enclosures. In addition,
single-family attached is subject to a use
permit when located within the
development option area. Use permit and
variances undergo a separate review
process, subject to the discretion of the
Zoning Adjustment Hearing Officer.




Conceptual Site Plan with Planning and
Development Department annotations,
Source: AIE Design




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6. Elevations
The conceptual building elevations depict various architectural features such as
pitched roofs, windows of various sizes, front patios and four-sided architecture.
The conceptual building elevations proposed depict a maximum height of two
stories and 28 feet to the top of peak.

Staff is recommending a stipulation to require building elevations to incorporate a
variety of colors, materials and architectural features. This is addressed in
Stipulation No. 1 of case Z-61-20-8, in addition to requiring a minimum of 25
percent of building elevations oriented towards 16th Street and Chipman Road, a
proposed private street with shared access for existing residential properties
along the south, to provide accent materials that exhibit quality and durability.

Stipulation No. 2 of case Z-61-20-8 limits the maximum permitted building height
to 2 stories and 30 feet in order to be consistent with the adjacent single-family
zoning to the south and east. Stipulation No. 3 of case Z-61-20-8 recommends
language that requires an entryway for individual residential units in order to
promote the use of these areas by residents and to “place eyes on the street”
plus internally within the development to promote safety. Stipulation No. 4 of
case Z-61-20-8 contains language that prohibits balcony orientation along the
second story of homes towards the single-family residential area to the east to
promote the privacy of the neighboring properties.

A conformance to the conceptual building elevations is not currently proposed as
no colors or materials were indicated in these elevations, plus the proposed
housing product is subject to a separate use permit process. However, the
stipulations listed above will help ensure that the proposed buildings will
incorporate pleasing aesthetics, materials that will withstand the weather for
many years and architectural features consistent with those found in the adjacent
residential areas.




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Conceptual Building Elevations, Source: AIE Design

7. Entryway and Wall Enhancements
The development proposes a main vehicular entryway along Chipman Road, a
proposed private street, which connects to 16th Street, an arterial street. In order
to promote a sense of place for future residents, Stipulation No. 5 of case Z-61-
20-8 recommends an ornamental feature along the northeast corner of 16th
Street and Chipman Road that incorporates a landscaped accent area with other
uniquely identifying elements that are consistent with the proposed development.

Furthermore, Stipulation No. 6 of case Z-61-20-8 recommends that any
perimeter walls visible from public streets, if these are incorporated into the
development, shall include material and textural differences for visual interest
and contribute an enhanced image to the surrounding community.




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8. Open Space and Amenities
The conceptual site plan depicts
various open space areas distributed
throughout the development for future
residents to enjoy. Staff is
recommending Stipulation No. 7 of
case Z-61-20-8 to require several
amenities distributed throughout the
development including:

x Two barbeque grills and two
picnic tables;
x Community garden areas
totaling to 200 square feet
containing a tool library,
irrigation and one bench or
seating feature;
x One pedestrian seating node
within close proximity to
Chipman Road or the alignment
if approved as a private street;
x Fifty-percent shade and live
cover for open space areas,
including amenity and seating
areas;

These recommended stipulations will
encourage future residents to utilize
open space spaces to help improve
their health and engage in social Conceptual Site Plan with Planning and
interactions. Development annotations, Source: AIE Design



9. Pedestrian Circulation
The conceptual site plan depicts various pedestrian connections throughout the
development. Stipulation No. 8 of case Z-61-20-8 recommends a system of
illuminated pedestrian thoroughfares that connects residential units to adjacent
sidewalks and amenity areas. Alternative paving material shall be utilized where
pedestrian paths and vehicular drives intersect to promote safety.




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Pedestrian shading of walkways via trees and/or architectural shade to a
minimum of 75 percent is also recommended as part of this stipulation to
promote thermal comfort and walkability for the future residents to help reduce
vehicular trips when possible, plus safety via illuminated pathways.

Furthermore, to promote pedestrian safety, traffic calming measures at all
vehicular points of ingress and egress are recommended in Stipulation No. 9 of
case Z-61-20-8 to help slow vehicles departing the development and crossing
the public sidewalks.

STUDIES AND POLICIES

10. Tree and Shade Master Plan
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached
from the curbs to allow trees to be planted on both sides of the sidewalk to
provide thermal comfort for pedestrians and to reduce the urban heat island
effect. Staff is recommending several stipulations designed to provide trees and
enhance shade within the development.

Staff is recommending stipulations as part of case Z-61-20-8 for enhanced
landscaping and shaded sidewalks along some of the perimeter property lines as
follows:

x Seventy-five percent two-inch caliper and 25 percent three-inch caliper
drought-tolerant trees along 16th Street, Chipman Road and eastern
property line landscape setbacks (Stipulation No. 10).
x The sidewalk along 16th Street shall be detached a with landscape strip
located between the sidewalk and back of curb per the most recent Street
Classification Map Cross Section (Stipulation No. 11).
x Minimum 2-inch caliper large canopy shade trees placed a minimum of 25
feet on center or equivalent groupings to provide shade to a minimum of
75 percent along the sidewalk on 16th Street (Stipulation No. 11.a).
x Drought tolerant vegetation designed to grow to a maximum mature
height of 24 inches and achieve 75 percent live coverage within the
sidewalk planter to discourage mid-block crossings (Stipulation No. 11.b).

11. Complete Streets Guidelines
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as




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March 4, 2021




bicycles, pedestrians, transit, and vehicles. This development will help to
pedestrianize the immediate street frontages by incorporating a shaded
detached sidewalk along 16th Street and a system of internal pedestrian
thoroughfares to promote walkability, as described previously.

12. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal
to become a zero-waste city, as part of the city’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial and mixed-use developments
meeting certain criteria. The proposed conceptual site plan does not show
recycling facilities, but the applicant’s materials mention that recycling bins will
be provided for this development.

13. Housing Phoenix
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan.
This Plan contains policy initiatives for the development and preservation of
housing with a vision of creating a stronger and more vibrant Phoenix through
increased housing options for residents at all income levels and family sizes.
Phoenix’s rapid population growth and housing underproduction has led to a
need for over 163,000 new housing units. Current shortages of housing supply
relative to demand are a primary reason why housing costs are increasing.
The proposed development supports the Plan’s goal of preserving or creating
50,000 housing units by 2030 by contributing to a variety housing types that will
address the supply shortage at a more rapid pace while using vacant land in a
more sustainable fashion.

If the requested C-1 DNS/WVR zoning is approved for the subject site, it would
allow the construction of 40 new single-family attached homes proposed by the
applicant, subject to a use permit and any potential variances.

COMMUNITY INPUT SUMMARY
14. As of the writing of this report, staff did not receive any correspondence from the
public regarding this request. However, Phoenix Union High School District
(PUHSD) provided a written response indicating that the school district has
adequate school facilities to accommodate the projected number of additional
students generated by the proposed rezoning within the school district’s
attendance area.




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INTERDEPARTMENTAL COMMENTS
15. The Public Transit Department provided comments pertaining to pedestrian
pathways connecting building entrances and public sidewalk via the most direct
route. Also, comments were provided to recommend alternative paving material
where pedestrian pathways cross drive aisles and providing a minimum of 75
percent shade along pedestrian paths, including public sidewalks. These
comments are addressed in Stipulation Nos. 8, 10 and 11 of case Z-61-20-8.

16. The Street Transportation Department provided comments pertaining to right-of-
way dedications along 16th Street, Chipman Road, and alleyway along the
eastern property line. Furthermore, the comments include providing detached
sidewalks along 16th Street, removing an existing driveway along 16th Street
and constructing all streets within and adjacent to the development with paving,
curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping and
other incidentals. These comments are addressed in Stipulation Nos. 11 through
16 of case Z-61-20-8.

17. The Fire Department indicated there are no problems anticipated with the case
and that the site and/or buildings shall comply with the 2018 International Fire
Code with Phoenix Amendments. Further, the Department commented that they
do not know the water supply at this site and noted that additional water supply
may be required to meet the required fire flow per the Fire Code. Lastly, it was
referenced that a fire apparatus access road needs to be provided to the site for
adequate access.

18. The Water Services Departments commented that the property has existing
water and sewer mains that can potentially serve the development. However,
capacity is a dynamic condition that can change over time due to a variety of
factors. Furthermore, the City intends to provide water and sewer service,
requirements and assurances for which are determined during the site plan
review process. For any given property, water and sewer requirements may vary
over time to be less or more restrictive depending on the status of the City’s
water and sewer infrastructure. Water mains exist along 16th Street and
Chipman Road, while sewer mains exist along 16th Street.

19. The Floodplain Management division of the Public Works Department has
indicated that the parcel is not located in a Special Flood Hazard Area (SFHA),
but located in a Shaded Zone X, on panel 2220 L of the Flood Insurance Rate
Maps (FIRM) dated February 10, 2017.




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20. 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. Furthermore, that an
avigation easement is dedicated to the City of Phoenix as this property is within
the PHX International Airport traffic pattern airspace and seeking noise sensitive
land use. These are addressed in Stipulation Nos. 17 and 18 of case Z-61-20-8.

21. 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. 19,
20 and 21 on case Z-61-20-8.

22. The developer shall provide a hydraulic/hydrologic analysis of offsite storm water
flows, when present, at the time of preliminary site plan submittal for verification
of required infrastructure in regard to lot space and density.

OTHER
23. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements such
as obtaining a use permit to conduct the proposed outdoor use in this zoning
district. Other formal actions such as, but not limited to, zoning adjustments and
abandonments, may be required.

Findings

1. The requested C-1 DNS/WVR zoning is consistent with the Phoenix General Plan
land use map designation of Mixed Use (Commercial/Commerce/Business Park)
on the subject site.

2. This proposed infill development provides a new housing option that is consistent
with surrounding developments and the Target Area B Redevelopment Plan.




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March 4, 2021




3. The development, as stipulated, allows for an appropriate residential density that
will help transition non-residential uses along 16th Street with the single-family
detached subdivision east of the subject site.



Stipulations Z-61-20-8 (C-1 SPVTABDO Zoning)

1. Building elevations shall be developed to the following standards, as approved by the
Planning and Development Department:

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

b. Building elevations adjacent and oriented towards 16th Street and the south
property line, excluding drive aisles, shall contain a minimum of 25 percent brick,
masonry, stone or another exterior accent material that exhibits quality and
durability.

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

2. Building height shall be limited to two stories and 30 feet.

3. Individual units shall provide an entryway that is either elevated, depressed or includes a
feature such as a low wall to accentuate the primary entrance, as approved by the Planning
and Development Department.

4. There shall be no balconies on the upper floors of residential dwellings oriented towards the
eastern property line.

5. The development shall provide a minimum 300-square foot ornamental feature along the
northeast corner of 16th Street and Chipman Road or the Chipman Road alignment to
include the following elements, as approved by the Planning and Development Department:

a. A landscaped accent area, exclusive of perimeter landscaping and right-of-way,
shall be provided. The landscaped accent areas shall provide a visually unique
character with drought-tolerant plant materials providing seasonal interest and 75
percent live cover.




Page 510
Staff Report: Z-61-20-8 and Z-62-20-8
March 4, 2021




b. The entry feature shall incorporate elements that may include, but are not limited
to walls, architectural enhancements, art features, natural features such as
boulders or fountains, or other uniquely identifying elements.

c. The entry feature shall utilize accents, colors and materials consistent with the
adjacent development.

d. Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions.

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

7. The development shall include the following amenities and elements at a minimum,
distributed between the open space area (s), as approved by the Planning and
Development Department:

a. Two barbecue grills and two picnic tables.

b. Community garden areas of no less than a combined 200 square feet that will
include a garden tool library, irrigation, and one bench or seating feature to
enable year-round planting.

c. One pedestrian seating node containing at least one bench or seating feature
and located within close proximity to Chipman Road or Chipman Road alignment.

d. Open space areas shall provide a minimum 50 percent shade, including amenity
and seating areas, and a minimum of 50 percent live vegetative cover (shrubs,
grasses, or groundcover plants).

8. The developer shall provide a system of pedestrian thoroughfares as described below and
as approved or modified by the Planning and Development Department:

a. The developer shall provide a minimum of one pedestrian path connecting the
sidewalk along 16th Street with residential units along the eastern property line
via the most direct route.

b. Illuminated by pedestrian scale lighting per Section 1304(H)5 for the pathway
connecting the site east to west.




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March 4, 2021




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

d. Pedestrian paths shall be shaded to a minimum of 75 percent using architectural
shade and/or shade trees at full maturity.

e. Connections to/between:

1. All residential dwellings;

2. All amenity and active open space areas;

3. The sidewalk along 16th Street;

4. The sidewalk along Chipman Road or Chipman Road alignment;

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

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

10. The required landscape setback areas along 16th Street, Chipman Road, and the alley
along the east property line shall be planted with drought-tolerant trees including minimum
75 percent 2-inch caliper and 25 percent 3-inch caliper, if the site develops as a residential
use, as approved by the Planning and Development Department.

11. All sidewalks along 16th Street shall be detached with a landscape strip located between
the sidewalk and back of curb following the most recent Cross Section of the Street
Classification Map and planted to the following standards, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions consistent with a
pedestrian environment.

a. Minimum 2-inch caliper large canopy shade trees placed a minimum of 25 feet
on center or equivalent groupings to provide shade to a minimum 75 percent at
full maturity.




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March 4, 2021




b. Drought tolerant vegetation designed to grow to a maximum mature height of 24
inches and achieve 75 percent live coverage.

12. The developer shall dedicate 50-feet of right-of-way for the east side of 16th Street and
provide a detached sidewalk as required by Cross Section D, as approved by the Planning
and Development Department.

13. The Developer shall remove the existing driveway along 16th Street and construct a public
street connection for Chipman Road.

14. The developer shall dedicate 25-feet of right-of-way for the north half of Chipman Road
transitioning to a total 50-foot dedication to match the existing Chipman Road on the east
side of the property.

15. The developer shall dedicate 6-feet along the alley on the eastern side of the development,
as approved by the Planning and Development 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 developer shall record a Notice of Prospective Purchasers of Proximity to Airport in
order to disclose the existence and operational characteristics of Phoenix Sky Harbor
International Airport (PHX) to future owners or tenants of the property.

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

19. If determined necessary by the Phoenix Archeology Office, the applicant shall conduct
Phase I data testing and submit an archaeological survey report of the development area
for review and approval by the City Archeologist prior to clearing and grubbing, landscape
salvage, and/or grading approval.

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




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March 4, 2021




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

Stipulations Z-62-20-8 (C-1 DNS/WVR SPVTABDO Zoning, pending C-1)

1. The development shall be limited to a maximum density of 40 dwelling units.

2. Building elevations shall be developed to the following standards, as approved by the
Planning and Development Department:

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

b. Building elevations adjacent and oriented towards 16th Street and the south
property line, excluding drive aisles, shall contain a minimum of 25 percent brick,
masonry, stone or another exterior accent material that exhibits quality and
durability.

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

3. Building height shall be limited to two stories and 30 feet.

4. Individual units shall provide an entryway that is either elevated, depressed or includes a
feature such as a low wall to accentuate the primary entrance, as approved by the Planning
and Development Department.

5. There shall be no balconies on the upper floors of residential dwellings oriented towards the
eastern property line.

6. The development shall provide a minimum 300-square foot ornamental feature along the
northeast corner of 16th Street and Chipman Road or the Chipman Road alignment to
include the following elements, as approved by the Planning and Development Department:

a. A landscaped accent area, exclusive of perimeter landscaping and right-of-way,
shall be provided. The landscaped accent areas shall provide a visually unique
character with drought-tolerant plant materials providing seasonal interest and 75
percent live cover.




Page 514
Staff Report: Z-61-20-8 and Z-62-20-8
March 4, 2021




b. The entry feature shall incorporate elements that may include, but are not limited
to walls, architectural enhancements, art features, natural features such as
boulders or fountains, or other uniquely identifying elements.

c. The entry feature shall utilize accents, colors and materials consistent with the
adjacent development.

d. Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions.

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

8. The development shall include the following amenities and elements at a minimum,
distributed between the open space area (s), as approved by the Planning and
Development Department:

a. Two barbecue grills and two picnic tables.

b. Community garden areas of no less than a combined 200 square feet that will
include a garden tool library, irrigation, and one bench or seating feature to
enable year-round planting.

c. One pedestrian seating node containing at least one bench or seating feature
and located within close proximity to Chipman Road or Chipman Road alignment.

d. Open space areas shall provide a minimum 50 percent shade, including amenity
and seating areas, and a minimum of 50 percent live vegetative cover (shrubs,
grasses, or groundcover plants).

9. The developer shall provide a system of pedestrian thoroughfares as described below and
as approved or modified by the Planning and Development Department:

a. The developer shall provide a minimum of one pedestrian path connecting the
sidewalk along 16th Street with residential units along the eastern property line
via the most direct route.

b. Illuminated by pedestrian scale lighting per Section 1304(H)5 for the pathway
connecting the site east to west.




Page 515
Staff Report: Z-61-20-8 and Z-62-20-8
March 4, 2021




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

d. Pedestrian paths shall be shaded to a minimum of 75 percent using architectural
shade and/or shade trees at full maturity.

e. Connections to/between:

1. All residential dwellings;

2. All amenity and active open space areas;

3. The sidewalk along 16th Street;

4. The sidewalk along Chipman Road or Chipman Road alignment;

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

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

11. The required landscape setback areas along 16th Street, Chipman Road, and the alley
along the east property line shall be planted with drought-tolerant trees including minimum
75 percent 2-inch caliper and 25 percent 3-inch caliper, if the site develops as a residential
use, as approved by the Planning and Development Department.

12. All sidewalks along 16th Street shall be detached with a landscape strip located between
the sidewalk and back of curb following the most recent Cross Section of the Street
Classification Map and planted to the following standards, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions consistent with a
pedestrian environment.

a. Minimum 2-inch caliper large canopy shade trees placed a minimum of 25 feet
on center or equivalent groupings to provide shade to a minimum 75 percent at
full maturity.




Page 516
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March 4, 2021




b. Drought tolerant vegetation designed to grow to a maximum mature height of 24
inches and achieve 75 percent live coverage.

13. The developer shall dedicate 50-feet of right-of-way for the east side of 16th Street and
provide a detached sidewalk as required by Cross Section D, as approved by the Planning
and Development Department.

14. The Developer shall remove the existing driveway along 16th Street and construct a public
street connection for Chipman Road.

15. The developer shall dedicate 25-feet of right-of-way for the north half of Chipman Road
transitioning to a total 50-foot dedication to match the existing Chipman Road on the east
side of the property.

16. The developer shall dedicate 6-feet along the alley on the eastern side of the development,
as approved by the Planning and Development Department.

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

18. The developer shall record a Notice of Prospective Purchasers of Proximity to Airport in
order to disclose the existence and operational characteristics of Phoenix Sky Harbor
International Airport (PHX) to future owners or tenants of the property.

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

20. If determined necessary by the Phoenix Archeology Office, the applicant shall conduct
Phase I data testing and submit an archaeological survey report of the development area
for review and approval by the City Archeologist prior to clearing and grubbing, landscape
salvage, and/or grading approval.

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




Page 517
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March 4, 2021




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

Writer
Enrique Bojórquez-Gaxiola
March 4, 2021

Team Leader
Samantha Keating

Exhibits
Zoning sketch maps (2 pages)
Aerial sketch maps (2 pages)
Conceptual Site Plan date stamped December 29, 2020 (1 page)
Conceptual Floor Plans and Elevations date stamped November 9, 2020 (6 pages)




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16TH PL
ISK
R-3 VIOLET DR
E
AV



WIER AVE
R-5 R1-6
IND.PK.
C-1
17TH ST
C-2 *
R-5 Z-69-17
Z-SP-12-17




16TH ST
A-2* C-2 South Phoenix Village
and Target Area B
Z-69-17 CHIPMAN RD
Design Overlay Distr

A-2
15TH PL
IND.PK.
MOBILE LN


C-2
7TH AVE


I
Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.035 0.0175 0 0.035 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD




Z-61-20


APPLICANT'S NAME: REQUESTED CHANGE:
Ran Edelman
FROM:
R-5 SPVTABOD ( 0.78 a.c.)
APPLICATION NO.
Z-61-20
DATE:
12/29/2020
REVISION DATES:
R1-6 SPVTABOD ( 1.72 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
2.50 Acres QS 4-31 E-9 TO: C-1 SPVTABOD ( 2.50 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SPVTABOD, R1-6 SPVTABOD 34, 9 40, 11
C-1 SPVTABOD 36 43

* Maximum Units Allowed with P.R.D. Bonus
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16TH PL
ISK
R-3 VIOLET DR
E
AV



WIER AVE
R-5 R1-6
IND.PK.
C-1
17TH ST
C-2 *
R-5 Z-69-17
Z-SP-12-17




16TH ST
A-2* C-2 South Phoenix Village
and Target Area B
Z-69-17 CHIPMAN RD
Design Overlay Distr

A-2
15TH PL
IND.PK.
MOBILE LN


C-2
7TH AVE


I
Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.035 0.0175 0 0.035 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD




Z-61-20


APPLICANT'S NAME: REQUESTED CHANGE:
Ran Edelman
FROM:
R-5 SPVTABOD ( 0.78 a.c.)
APPLICATION NO.
Z-61-20
DATE:
12/29/2020
REVISION DATES:
R1-6 SPVTABOD ( 1.72 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
2.50 Acres QS 4-31 E-9 TO: C-1 SPVTABOD ( 2.50 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SPVTABOD, R1-6 SPVTABOD 34, 9 40, 11
C-1 SPVTABOD 36 43

* Maximum Units Allowed with P.R.D. Bonus
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16TH PL
ISK
R-3 VIOLET DR
E
AV



WIER AVE
R-5 R1-6
IND.PK.
C-1
17TH ST
C-2 *
R-5 Z-69-17
Z-SP-12-17




16TH ST
A-2* C-2 South Phoenix Village
and Target Area B
Z-69-17 CHIPMAN RD
Design Overlay Distr

A-2
15TH PL
IND.PK.
MOBILE LN


C-2
7TH AVE


I
Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.035 0.0175 0 0.035 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD




Z-62-20


APPLICANT'S NAME: REQUESTED CHANGE:
Ran Edelman
FROM:
R-5 SPVTABOD (Pending C-1) ( 0.78 a.c.)
APPLICATION NO. DATE:
12/29/2020 R1-6 SPVTABOD (Pending C-1) ( 1.72 a.c.)
Z-62-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
2.50 Acres QS 4-31 E-9 TO: C-1 DNS/WVR SPVTABOD ( 2.50 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SPVTABOD (Pending C-1), 40 (13), 11 (30)
R1-6 SPVTABOD (Pending C-1)
34 (11), 9 (25)
C-1 DNS/WVR SPVTABOD 108 130

* Maximum Units Allowed with P.R.D. Bonus
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AR

16TH PL
ISK
R-3 VIOLET DR
E
AV



WIER AVE
R-5 R1-6
IND.PK.
C-1
17TH ST
C-2 *
R-5 Z-69-17
Z-SP-12-17




16TH ST
A-2* C-2 South Phoenix Village
and Target Area B
Z-69-17 CHIPMAN RD
Design Overlay Distr

A-2
15TH PL
IND.PK.
MOBILE LN


C-2
7TH AVE


I
Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.035 0.0175 0 0.035 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD




Z-62-20


APPLICANT'S NAME: REQUESTED CHANGE:
Ran Edelman
FROM:
R-5 SPVTABOD (Pending C-1) ( 0.78 a.c.)
APPLICATION NO. DATE:
12/29/2020 R1-6 SPVTABOD (Pending C-1) ( 1.72 a.c.)
Z-62-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
2.50 Acres QS 4-31 E-9 TO: C-1 DNS/WVR SPVTABOD ( 2.50 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SPVTABOD (Pending C-1), 40 (13), 11 (30)
R1-6 SPVTABOD (Pending C-1)
34 (11), 9 (25)
C-1 DNS/WVR SPVTABOD 108 130

* Maximum Units Allowed with P.R.D. Bonus
Page 522
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Attachment C




Village Planning Committee Meeting Summary
Z-62-20-8

Date of VPC Meeting March 9, 2021

Request From R1-6 SPVTABDO (Pending C-1 SPVTABDO) and R-5
SPVTABDO (Pending C-1 SPVTABDO)
Request To C-1 DNS/WVR SPVTABDO
Proposed Use Single-family attached residential

Location Northwest corner of 16th Street and Chipman Road

VPC Recommendation Continued to April 13, 2021

VPC Vote 19-0; None in dissent.


VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Agenda items 7 and 8 were moved out of order in the agenda and heard together.

7) Z-61-20-8 (Companion Case Z-62-20-8): Presentation, discussion, and possible
recommendation regarding a request to rezone approximately 2.50 acres located
at the northeast corner of 16th Street and Chipman Road from R1-6 SPVTABDO
(Single-Family Residence District, South Phoenix Village Target Area B Design
Overlay) and R-5 SPVTABDO (Multifamily Residence District, South Phoenix
Village Target Area B Design Overlay) to C-1 SPVTABDO (Neighborhood Retail,
South Phoenix Village Target Area B Design Overlay) to allow multifamily or
single-family residential.

8) Z-62-20-8 (Companion Case Z-61-20-8): Presentation, discussion, and possible
recommendation regarding a request to rezone approximately 2.50 acres located
at the northeast corner of 16th Street and Chipman Road from R1-6
SPVTABDO, pending C-1 SPVTABDO (Single-Family Residence District, South
Phoenix Village Target Area B Design Overlay, pending Neighborhood Retail,
South Phoenix Village Target Area B Design Overlay) and R-5 SPVTABDO,
pending C-1 SPVTABDO (Multifamily Residence District, South Phoenix Village
Target Area B Design Overlay, pending Neighborhood Retail, South Phoenix
Village Target Area B Design Overlay) to C-1 DNS/WVR SPVTABDO
(Neighborhood Retail, Density Waiver, South Phoenix Village Target Area B
Design Overlay) to allow multifamily or single-family residential.




Page 530
Chairwoman Patti Trites requested to continue cases Z-61-20-8 and Z-62-20-8 to
the April 13, 2021 South Mountain Village Planning Committee meeting.


MOTION – Z-61-20-8
Ms. Shepard made a motion to continue case Z-61-20-8 to the April 13, 2021
meeting. Mr. Brownell seconded the motion.

VOTE:
16-3 Motion passes; Marcia Busching, Trent Marchuk and Shelly Smith in
dissent.


MOTION – Z-62-20-8
Ms. Shepard made a motion to continue case Z-62-20-8 to the April 13, 2021
meeting. Mr. Brownell seconded the motion.

VOTE:
19-0 Motion passes; None in dissent.


STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:

The South Mountain Village Planning Committee recommended a continuance on
cases Z-61-20-8 and Z-62-20-8 to the April 13, 2021 meeting due to the time of the
meeting that evening which ended at 10:55pm.




Page 531
Attachment D


REPORT OF PLANNING COMMISSION ACTION
April 1, 2021

ITEM NO: 8
DISTRICT NO.: 8
SUBJECT:

Application #: Z-62-20-8 (Companion Case Z-61-20-8)
Location: Northeast corner of 16th Street and Chipman Road
From: R-5 (Pending C-1) SPVTABOD and R1-6 (Pending C-1)
SPVTABOD
To: C-1 DNS/WVR SPVTABOD
Acreage: 2.50
Proposal: Multifamily or single-family residential with a density waiver up to 40
units
Applicant: Ran Edelman
Owner: Ran Edelman
Representative: Jon Conelly

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
South Mountain 3/9/2021 Continued. Vote: 19-0.

Planning Commission Recommendation: Approval, per the recommendation in the staff
report with an additional stipulation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve Z-62-20-8, per the
recommendation in the staff report, with the additional stipulation as read into the record.

Maker: Howard
Second: Gorraiz
Vote: 8-0
Absent: Johnson
Opposition Present: Yes

Findings:

1. The requested C-1 DNS/WVR zoning is consistent with the Phoenix General
Plan land use map designation of Mixed Use
(Commercial/Commerce/Business Park) on the subject site.

2. This proposed infill development provides a new housing option that is
consistent with surrounding developments and the Target Area B
Redevelopment Plan.




Page 532
3. The development, as stipulated, allows for an appropriate residential density
that will help transition non-residential uses along 16th Street with the single-
family detached subdivision east of the subject site.

Stipulations:

1. The development shall be limited to a maximum density of 40 dwelling units.

2. Building elevations shall be developed to the following standards, as approved
by the Planning and Development Department:

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

b. Building elevations adjacent and oriented towards 16th Street and the
south property line, excluding drive aisles, shall contain a minimum of
25 percent brick, masonry, stone or another exterior accent material
that exhibits quality and durability.

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

3. Building height shall be limited to two stories and 30 feet.

4. Individual units shall provide an entryway that is either elevated, depressed or
includes a feature such as a low wall to accentuate the primary entrance, as
approved by the Planning and Development Department.

5. There shall be no balconies on the upper floors of residential dwellings
oriented towards the eastern property line.

6. The development shall provide a minimum 300-square foot ornamental feature
along the northeast corner of 16th Street and Chipman Road or the Chipman
Road alignment to include the following elements, as approved by the Planning
and Development Department:

a. A landscaped accent area, exclusive of perimeter landscaping and
right-of-way, shall be provided. The landscaped accent areas shall
provide a visually unique character with drought-tolerant plant materials
providing seasonal interest and 75 percent live cover.

b. The entry feature shall incorporate elements that may include, but are
not limited to walls, architectural enhancements, art features, natural
features such as boulders or fountains, or other uniquely identifying
elements.




Page 533
c. The entry feature shall utilize accents, colors and materials consistent
with the adjacent development.

d. Where utility conflicts exist, the developer shall work with the Planning
and Development Department on alternative design solutions.

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

8. The development shall include the following amenities and elements at a
minimum, distributed between the open space area (s), as approved by the
Planning and Development Department:

a. Two barbecue grills and two picnic tables.

b. Community garden areas of no less than a combined 200 square feet
that will include a garden tool library, irrigation, and one bench or
seating feature to enable year-round planting.

c. One pedestrian seating node containing at least one bench or seating
feature and located within close proximity to Chipman Road or
Chipman Road alignment.

d. Open space areas shall provide a minimum 50 percent shade, including
amenity and seating areas, and a minimum of 50 percent live
vegetative cover (shrubs, grasses, or groundcover plants).

9. The developer shall provide a system of pedestrian thoroughfares as described
below and as approved or modified by the Planning and Development
Department:

a. The developer shall provide a minimum of one pedestrian path
connecting the sidewalk along 16th Street with residential units along
the eastern property line via the most direct route.

b. Illuminated by pedestrian scale lighting per Section 1304(H)5 for the
pathway connecting the site east to west.

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

d. Pedestrian paths shall be shaded to a minimum of 75 percent using
architectural shade and/or shade trees at full maturity.

e. Connections to/between:

(1) All residential dwellings;




Page 534
(2) All amenity and active open space areas;

(3) The sidewalk along 16th Street;

(4) The sidewalk along Chipman Road or Chipman Road alignment;

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

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

11. The required landscape setback areas along 16th Street, Chipman Road, and
the alley along the east property line shall be planted with drought-tolerant
trees including minimum 75 percent 2-inch caliper and 25 percent 3-inch
caliper, if the site develops as a residential use, as approved by the Planning
and Development Department.

12. All sidewalks along 16th Street shall be detached with a landscape strip
located between the sidewalk and back of curb following the most recent Cross
Section of the Street Classification Map and planted to the following standards,
as approved by the Planning and Development Department. Where utility
conflicts exist, the developer shall work with the Planning and Development
Department on alternative design solutions consistent with a pedestrian
environment.

a. Minimum 2-inch caliper large canopy shade trees placed a minimum
of 25 feet on center or equivalent groupings to provide shade to a
minimum 75 percent at full maturity.

b. Drought tolerant vegetation designed to grow to a maximum mature
height of 24 inches and achieve 75 percent live coverage.

13. The developer shall dedicate 50 feet of right-of-way for the east side of 16th
Street and provide a detached sidewalk as required by Cross Section D, as
approved by the Planning and Development Department.

14. The Developer shall remove the existing driveway along 16th Street and
construct a public street connection for Chipman Road.

15. The developer shall dedicate 25 feet of right-of-way for the north half of
Chipman Road transitioning to a total 50-foot dedication to match the existing
Chipman Road on the east side of the property.

16. The developer shall dedicate 6 feet along the alley on the eastern side of the
development, as approved by the Planning and Development Department.




Page 535
17. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.

18. The developer shall record a Notice of Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Sky Harbor International Airport (PHX) to future owners or tenants of
the property.

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

20. If determined necessary by the Phoenix Archeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

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

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

23. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED
IN THE REZONING APPLICATION FILE FOR RECORD.

This publication can be made available in alternate format upon request. Please contact
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 536



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Ordinance Adoption - Amend City Code - Rezoning
Application Z-60-20-8 (Carver Canyon PUD) - Northwest Corner of 35th Avenue
and Carver Road (Ordinance G-6861)

Request to hold a public hearing on a proposal to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting
Rezoning Application Z-60-20-8 and rezone the site from R1-8 (Single-Family
Residence District) to PUD (Planned Unit development) to allow single-family
residential.

Summary
Current Zoning: R1-8 (Single-Family Residence District)
Proposed Zoning: PUD (Planned Unit Development)
Acreage: 19.35 acres
Proposal: Planned Unit Development to allow single-family residential

Owner: Virtua 35th, LLC
Applicant: Virtua 35th, LLC
Representative: Paul E. Gilbert, Beus Gilbert McGroder

Staff Recommendation: Approval, subject to stipulations.
VPC Info: The Laveen Village Planning Committee heard this case for information
only on Dec. 14, 2020.
VPC Action: The Laveen Village Planning Committee heard this case on April 12,
2021 and recommended approval, per the staff recommendation with additional
stipulations, by a vote of 5-2-1.
PC Action: The Planning Commission heard this case on May 6, 2021 and
recommended approval, per the Laveen Village Planning Committee
recommendation with modified stipulations, by a vote of 5-4.

Location
Northwest corner of 35th Avenue and Carver Road
Council District: 8
Parcel Address: N/A


Page 537


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




Page 538
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-60-20-8) FROM R1-8 (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 19.35-acre site located at the northwest

corner of 35th Avenue and Carver Road in a portion of Section 10, Township 1 South,

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

“R1-8” (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 539
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 Carver Canyon 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 April 5, 2021, as modified by the following stipulations:

a. Front cover: Revise the submittal date information on the bottom to add
the following: Hearing draft submittal: April 5, 2021; City Council adopted:
[Add adoption date].

b. Page 8, Delete “Churches/Places of Worship (pursuant to the restrictions
of Section 608.E.1 of the Phoenix Zoning Ordinance; including, Pocket
Shelters shall not be permitted)” from the Prohibited Uses list.

c. Page 11, Hillside Treatment: Include the following statement at the bottom
of this section: “This PUD is subject to all City of Phoenix Hillside
Development Standards, including but not limited to density restrictions,
which may require deviations from the included exhibits that have not been
reviewed for hillside compliance. All hillside standards and requirements
shall override all zoning standards, including conflicts with any of the PUD
standards included within.”

d. Page 8, Development Standards table: Modify Maximum Number of Lots
to 56 Lots Total.

e. Page 8: Development Standards Table: Modify Individual Lot Dimensions
to reflect a minimum lot size of 8,700 square feet.

f. Page 9, Development Standards Table: Modify Minimum Individual Lot
Setbacks for Side Yard as follows: “6-Foot Minimum, 13 Feet Combined
Minimum”.

g. Page 12, Landscape Standards Table, Arterial Road Plantings: Modify
Item No. 3 to require that all trees shall be minimum 2-inch caliper, and a
minimum of 40 percent of all trees shall be minimum 3-inch caliper.

h. Page 14, Exterior Walls: Modify first bullet so that each home shall include
two alternative building materials in addition to the primary building
material on all architectural elevations, plus garage enhancements such as
window panels, color, added materials surrounding door, and trellises; and
that the primary building material shall not exceed 75 percent of all front
and exposed side elevations and street facing elevations.




Page 540
2. Carver Road and 35th Avenue are under MCDOT jurisdiction, the applicant shall
submit verification of MCDOT approval for improvements prior to preliminary site
plan approval.

3. The developer shall dedicate minimum 55 feet of right-of-way for the west half of
35th Avenue, as approved by the Planning and Development Department.

4. The developer shall dedicate minimum 40 feet of right-of-way for the north half of
Carver Road, as approved by the Planning and Development Department.

5. The developer shall dedicate additional right-of-way and provide improvements to
the 35th Avenue and Carver Road intersection as per geometric design approved
by the Maricopa Department of Transportation. Provide approved design and
verification of approval to the City of Phoenix, Street Transportation Department
prior to preliminary submittal. The design will need to provide access to 35th
Avenue south of Carver Road.

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

7. The applicant shall complete and submit the Developer Project Information Form
for the Maricopa Association of Governments Transportation Improvement
Program. This form is a requirement of the Environmental Protection Agency to
meet clean air quality requirements.

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

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

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




Page 541
11. 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.

12. 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.

13. 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.

14. Prior to final site plan approval, the property owner shall record documents that
disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active aviation uses in the
Hangar Haciendas Units One, Two, and Three subdivisions located
approximately 2,300 feet to the east of the subject property in Maricopa County.
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.

15. Prior to final site plan approval, the property owner shall record documents that
disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active agricultural uses
and non-domesticated animal keeping. The form and content of such documents
shall be according to the templates and instructions provided, which have been
reviewed and approved by the City Attorney.

16. The developer shall complete an enhanced drainage survey and hillside review
that goes above and beyond the city requirements, 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 2nd day of June, 2021.




Page 542
________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



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




Page 543
EXHIBIT A

LEGAL DESCRIPTION FOR Z-60-20-8

A portion of the South half of GLO Lot 1 of Section 10, Township 1 South, Range 2 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more
particularly described as follows;

COMMENCING at the East quarter corner of said Section 10 (3” brass cap in handhole)
from which the Southeast corner of said Section 10 (3” aluminum cap stamped RLS
19344) bears South 00 degrees 00 minutes 04 seconds West a distance of 2639.90
feet; Thence South 00 degrees 00 minutes 04 seconds West along the East line of the
Southeast quarter of said Section 10 a distance of 2075.32 feet to the TRUE POINT OF
BEGINNING; Thence continuing South 00 degrees 00 minutes 04 seconds West along
the East line of said South half of GLO Lot 1 a distance of 435.67 feet to the Northeast
corner of that certain parcel described in Instrument 2007-0575240, records of said
county; Thence South 51 Degrees 37 Minutes 57 Seconds West along the Northwest
line of said certain parcel a distance of 208.56 feet to the Southwest corner of said
certain parcel; Thence South 89 Degrees 48 Minutes 33 Seconds West along the South
line of said GLO Lot 1 a distance of 1132.63 feet; Thence North 00 Degrees 00 Minutes
43 Seconds West along the East line of the West 40 acres of GLO Lot 1 and Lot 2 of
said Section 10 a distance of 659.62 feet; Thence North 89 Degrees 47 Minutes 40
Seconds East along the North line of said South half of GLO Lot 1 a distance of 1246.30
feet to a point on the West line of the East 50.00 feet of said South half of GLO Lot 1;
Thence South 00 Degrees 00 Minutes 04 Seconds West along last said West line a
distance of 95.19 feet; Thence South 89 Degrees 59 Minutes 56 Seconds East
perpendicular with said East line of GLO Lot 1 a distance of 50.00 feet to the POINT OF
BEGINNING.




Page 544
Page 545
Attachment B




Staff Report Z-60-20-8
(Carver Canyon PUD)
April 7, 2021

Laveen Village Planning Committee April 12, 2021
Meeting Date
Planning Commission Hearing Date May 6, 2021

Request From: R1-8 (Single-Family Residence District) (19.35
acres)
Request To: PUD (Planned Unit Development) (19.35 acres)
Proposed Use Planned Unit Development to allow single-
family residential development
Location Northwest corner of 35th Avenue and Carver
Road
Owner/Applicant Virtua 35th, LLC
Representative Paul E Gilbert, Beus Gilbert McGroder
Staff Recommendation Approval, subject to stipulations

General Plan Conformity
General Plan Land Use Map
Residential 3.5 to 5 dwelling units per acre
Designation
Arterial Scenic
35th Avenue 33-foot west half street
Street Map Drive
Classification Varies, 35-56.6-foot
Carver Road Local Street
northwest half street

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 proposed PUD will provide new housing options in Laveen while remaining
respectful of the local surroundings. The maximum permitted density in the PUD
narrative is below what is currently allowed under the existing zoning of the site, and
several mitigating elements have been incorporated to help buffer the development from
the surrounding community, such as generous open space areas and robust
landscaping standards.




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Staff Report: Z-60-20-8 (Carver Canyon PUD)
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BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; DESERT LANDSCAPE;
DESIGN PRINCIPLE: Propose new design standards that address drainage, use
of native plants, edge treatment, and access – both visual and physical – for
private and public development adjacent to public preserves, parks, washes and
open spaces.
The project site is located in close proximity to the Carver Mountains, and is situated
along 35th Avenue, which is an arterial scenic drive. To ensure a natural transition from
the mountains to the site and the preservation of the natural environment, the PUD
proposes several enhanced standards that address the use and development of
culverts, washes, and drainage channels, as well as special attention to hillside edge
treatments.
CONNECT PEOPLE AND PLACES CORE VALUE; CANALS & TRAILS; DESIGN
PRINCIPLE: Provide multi-use trail connections where appropriate.
This PUD proposes a multi-use trail along 35th Avenue, which will connect to the overall
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.
This PUD sets forth enhanced landscaping and shade standards along the public street
frontages, interior streets, and common open space areas.


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

Food Action Plan – See Background Item No. 8.

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Tree and Shade Master Plan – See Background Item No. 10.

Complete Streets Guiding Principles – See Background Item No. 11.

Zero Waste PHX – See Background Item No. 12.




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Surrounding Land Uses/Zoning
Land Use Zoning
On Site Vacant, former mining site R1-8
North Vacant S-1
Vacant (single-family subdivided
South R1-18
land)
East (across Farmland and single-family
Maricopa County RU-43
35th Avenue) residences
West Vacant R1-18

Background/Issues/Analysis

SUBJECT SITE
1. This request is to
rezone a 19.35-acre site
located at the northwest
corner of 35th Avenue
and Carver Road from
R1-8 (Single-Family
Residence District) to
PUD (Planned Unit
Development) to allow a
single-family residential
development.




Zoning Map
Source: City of Phoenix Planning and Development Department


2. The site has a General Plan Land Use Map designation of Residential 3.5 to 5
dwelling units per acre. The proposed PUD with a density of 3.15 dwelling units per
acre is consistent with this designation.




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


The surrounding General Plan Land Use Map designations are as follows:

NORTH & SOUTH
Parks / Open Space – Future 1 du/ac, Residential 0 to 1 dwelling units per acre.

EAST
Residential 0 to 1 dwelling units per acre.

WEST
Parks / Open Space – Future 1 du/ac.




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EXISTING CONDITIONS & SURROUNDING ZONING
3. The subject site is zoned
R1-8 (Single-Family
Residence District) and
is currently vacant.

The surrounding
conditions are as follows:

NORTH
Vacant hillside properties
zoned S-1 (Ranch or
Farm Residence
District).

SOUTH
Vacant land zoned R1-
18 (Single-Family
Residence District). Source: City of Phoenix Planning and Development Department


EAST
Farmland and large-lot single-family residence homes that are outside the
boundaries of the City of Phoenix and zoned Maricopa County RU-43 (One Acre
Per Dwelling Unit).

WEST
Vacant hillside property zoned R1-18 (Single-Family Residence District).




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LAVEEN SOUTHWEST GROWTH STUDY
4. The site is located within
the boundaries of the
Laveen Southwest
Growth Study, which was
developed in 1997 to
analyze the existing
conditions of the Laveen
Village. It provides a land
use and design planning
framework to help shape
the growth in Laveen,
while accounting for
newly annexed farmland
as well as the future
development of the
South Mountain Freeway
Loop, which has since
been completed.


This plan designates the
project as Residential 0
to 1 dwelling units per
acre, which calls for less
density than the current
General Plan Land Use
Map designation of 3.5 to
5 dwelling units per acre.
The proposal is not
consistent with the
Laveen Southwest
Growth Study Land Use Source: City of Phoenix Planning and Development Department
Plan. However, the PUD narrative incorporates several of the key elements from
the study.

The Laveen Southwest Growth Study outlines specific design policies and
standards for various types of developments that will enhance Laveen’s built
environment while remaining respectful of its agricultural heritage. The study
encourages all new developments to use durable, high-quality building materials
and to provide enhanced building design that will contribute to the character of the
area. The Carver Canyon PUD proposes design standards that exceed those
required by the Phoenix Zoning Ordinance, which are outlined in Background Item
No. 7.e.




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ZONING HISTORY
5. The subject site was rezoned to R1-8 in 2007 as part of a larger rezoning area via
Rezoning Case No. Z-165-06-7. The stipulated site plan from this case depicted 22
one-acre lots on the R1-18 portion and 99 single-family detached units on the
portion of the site that now corresponds to the boundaries of the proposed PUD. In
2019, the applicant submitted a Planning Hearing Officer (PHO-1-19—Z-165-06-7)
application to modify the stipulations of entitlement from Rezoning Case No. Z-165-
06-7 to facilitate development of the site at a density similar to the original stipulated
site plan. The proposed site plan depicted 92 single-family detached residential
units, with vehicular connections to the west and south of the site. The PHO
application received opposition from the community. The community concerns
expressed were as follows:

• Amend the General Plan to reflect Residential 0-1 dwelling units per acre
and Parks/Open Space;
• Stipulation 19 regarding conditional approval upon development
commencing within 48 months of City Council approval;
• Deletion of Stipulation 19 breaks trust with Laveen residents;
• Approval of the request means loss of local personality, culture, and pride;
• Proposed housing density is too high for the area;
• Residents only want to see 2,000+ square foot houses with generous lots
and ample parking.

The applicant subsequently modified the proposal in response to the community’s
concerns, reducing the density to a maximum of 63 single-family residential lots.
The case was continued several times by the Planning Commission, then continued
again by the City Council to give the applicant more time to work with community
members to resolve their concerns. On October 7, 2020, the City Council continued
the case to the April 17, 2021 hearing date to allow the applicant to pursue a
“downzoning” of the site and reduce the maximum permitted density. The applicant
has requested a continuance of this request to the June 2, 2021 City Council
hearing date.

The proposed PUD permits a maximum density of 61 lots, which is a further
reduction from the previous proposed site plan for PHO-1-19—Z-165-06-7. The
PUD development narrative also incorporates several development standards and
design guidelines that the developer agreed to include after extensive discussions
with Laveen Village Planning Committee members and members of the community.




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Staff Report: Z-60-20-8 (Carver Canyon PUD)
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Source: Gilmore Planning and Landscape Architecture




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PROPOSAL
6. The proposal was developed utilizing the PUD zoning designation. The Planned
Unit Development (PUD) is intended to create a built environment that is superior to
that produced by conventional zoning districts and design guidelines. Using a
collaborative and comprehensive approach, an applicant authors and proposes
standards and guidelines that are tailored to the context of a site on a case by case
basis. Where the PUD Development Narrative is silent on a requirement, the
applicable Zoning Ordinance provisions will be applied.

7. Below is a summary of the proposed standards for the subject site as described in
the attached PUD Development Narrative date stamped April 5, 2021. The PUD
would allow single-family residential uses on the site. The comparative zoning
district utilized in this staff report is R1-8 (Single-Family Residence District), PRD
(Planned Residential Development) option.

a. Land Use Plan
The PUD proposes a single-family detached residential subdivision, with other
limited permitted uses per Section 608 (Residence Districts) of the Phoenix Zoning
Ordinance. Additionally, per staff’s request, a community garden is a permitted use
by right, and accessory sales of products cultivated on the site are permitted at a
home produce stand within ten days of harvesting (removing the Zoning Ordinance
requirement for a use permit). Special Permit uses and multifamily residential shall
not be permitted in this PUD.




Conceptual Site Plan
Source: Gilmore Planning and Landscape Architecture




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b. Development Standards
The proposed development standards in the PUD are comparable to the R1-8
(Single-Family Residence) zoning district, as the site plan was originally
conceptualized based on this designation. Where the development standards
deviate from this district, they do so to solidify the elements that the applicant
worked on with the community during the PHO process.

Density
The PUD proposes a maximum of 61 single-family residential lots. This is a
reduction of 2 additional lots from the most recently submitted site plan for the PHO
case and is also more restrictive than the R1-8 district.

Building Height
The proposed building height is a maximum of two stories and 30 feet, with a
limitation of one story and 15 feet for lots that are adjacent to 35th Avenue.

Lot Dimensions
The PUD proposes a minimum individual lot size of 6,050 square feet, minimum lot
width of 55 feet, and minimum lot depth of 110 feet. These standards are more
restrictive than the R1-8 district.

Lot Coverage
Individual residential lots shall have a maximum lot coverage of 40 percent for the
primary structure, and a maximum of 50 percent including attached shade
structures. This corresponds to the standards of the R1-8 district.

Minimum Perimeter Building Setbacks
The PUD proposes minimum perimeter building setbacks of 15 feet along the
western perimeter, minimum 15 feet along the northern perimeter, and no minimum
setback along the southern perimeter. To preserve the view corridors along 35th
Avenue and Carver Road, and to minimize the impact of this development on the
streetscape, the proposed minimum perimeter building setbacks for the two street
frontages are 100 feet along 35th Avenue and 50 feet along Carver Road.

Perimeter Landscape Setbacks
The proposed perimeter landscape setbacks in this PUD correspond to the same
perimeter building setbacks, with an allowance along the northern property line,
where, within 220 feet of the northeast corner of the property and generally located
by the main community entrance drive access point, there shall be a 10-foot
average landscape setback.

Minimum Individual Lot Building Setbacks
The PUD proposes a minimum 10-foot front yard building setback, with a minimum
22-foot setback for residential lots where the garage is street-facing, and a




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April 7, 2021


minimum 10-foot rear yard building setback. The front and rear yard setbacks shall
be a minimum of 35 feet when combined. There is no minimum individual interior
side yard setback, however when combined there shall be a minimum of 13 feet.
The side yard setback for units siding the street shall be a minimum of 10 feet.

Open Space
The PUD proposes a minimum total open space of 26 percent of the entire site. The
open space is further broken down into the following categories: 12 percent
minimum usable open space, five percent minimum undisturbed open space, and 4
percent minimum rock slope open space area. This exceeds the open space
requirements of the R1-8 district.

Lighting
This PUD outlines standards for both street and accent lighting, both of which are
encouraged to be designed in a way to promote a “dark sky” environment within the
development, including using low voltage lighting and shielded light sources.

Drainage Channels, Culverts, and Washes
This PUD sets forth a standard for developing drainage channels, culverts, and
washes to be compatible with the existing natural environment, while minimizing the
impact to the area.

Parking
Parking standards shall be in adherence to the Phoenix Zoning Ordinance.

Hillside Treatment
All hillside development standards within this PUD shall adhere to all City of
Phoenix Hillside Development Standards, including but not limited to density
restrictions, which may require deviations from the included exhibits that have not
been reviewed for Hillside compliance. All Hillside Standards and Requirements
shall override all zoning standards, including conflicts with any of the standards in
this PUD narrative.

c. Landscape Development Standards
The proposed planting standards in this PUD are more robust than those required
for single-family subdivisions in the Phoenix Zoning Ordinance.

Streetscape Planting Standards (35th Avenue and Carver Road)
This PUD proposes the following planting standards for landscape tracts located
next to public streets:
• Minimum 60 percent two-inch caliper trees, and minimum 40 percent one-
inch caliper trees planted 20 feet on center or in equivalent groupings;
• Minimum of five, five-gallon shrubs per tree




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Staff Report: Z-60-20-8 (Carver Canyon PUD)
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• Minimum 50 percent live groundcover
Open Space Planting Standards
The following minimum landscaping standards shall apply to open space areas and
perimeter areas not along 35th Avenue and Carver Road:
• A mix of 10 percent three-inch caliper, 40 percent two-inch caliper, and 50
percent one-inch caliper trees:
o Trees shall be planted at a minimum of one tree per 1,000 square feet
of total landscape area;
o Three-inch and two-inch caliper trees shall be placed so they provide
a minimum of 40 percent shade for pedestrian pathways and open
space gathering areas such as tot lots, benches, and picnic tables.
• Minimum of five, five-gallon shrubs per tree
• Minimum 50 percent live groundcover
• The use of turf is limited to a maximum of 50 percent of the total landscape
area

Interior Streetscape Planting Standards
This PUD proposes standards for interior streetscape standards for both attached
and detached sidewalks. For attached sidewalks, minimum 2-inch caliper trees
shall be planted at a minimum of one per lot, or at 60 feet on center. These
plantings will be maintained by the homeowners’ association. For detached
sidewalks, the landscape strip between the sidewalk and back of curb shall be
planted with minimum two-inch caliper trees, placed 20 feet on center or in
equivalent groupings, with five, five-gallon shrubs per tree, and minimum 50 percent
live groundcover. Both of these standards exceed those required by the Zoning
Ordinance for single-family subdivisions.

Shade
This PUD proposes landscape design standards to ensure that all sidewalks,
pedestrian pathways, and communal outdoor areas are shaded at 50% at full tree
maturity.

d. Circulation
Pedestrian Pathways
The PUD proposes to provide detached sidewalks along a minimum of one side of
all internal streets, as well as pedestrian connections to the main common open
space area. Additional approvals for the design of internal streets may be needed
where the requirements of the PUD narrative are not clear. An additional pedestrian
pathway will be provided, connecting the southernmost residential lots to the open
space area located on the northwestern portion of the site. The right-of-way along
35th Avenue and Carver Road falls within Maricopa County jurisdiction, so sidewalk
standards for this area have not been included in the PUD narrative, as they will be




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subject to Maricopa County Department of Transportation review and approval. In
the event sidewalks are not required along these street frontages, a 10-foot-wide
multi-use trail will be constructed within the boundaries of the property along 35th
Avenue, which will be able to serve as a public pedestrian pathway.

Multi-Use Trail
A 10-foot-wide multi-use trail within a 30-foot multi-use trail easement shall be
provided along 35th Avenue.

Vehicular Circulation
The project will provide a vehicular connection to the property directly adjacent to
the west, as it does not have any street frontage. This PUD proposes to provide a
connection that will terminate as a stub street until the property to the west is
developed, at which point a connection can be completed.

e. Design Guidelines
The PUD contains design guidelines addressing building facades, which are
intended to enhance the visual interest of the structures, mitigate the impact of
building massing and height, and provide a high-quality design. Guidelines include
consistency with the Southwest Contemporary theme of the community, building
elements that appear to be drawn from the local climate and terrain, breaking up of
building masses, and ground-mounted mechanical equipment that shall be fully
screened from view.

The proposed design guidelines within this PUD are consistent with many of those
outlined in the Laveen Southwest Growth Study. The following elements from the
Study have been incorporated into the design guidelines of this PUD: the use of
durable, permanent, high quality materials, lot design that follows natural
topography, and a minimum of two building materials for architectural elevations.

Walls, Fencing and Railing
This PUD proposes screen walls that shall not exceed six feet in height, and that all
screen walls and fencing shall be compatible in style and materials with the overall
theme of the community and each individual home.

f. Signage
The PUD proposes conformance with the Section 705 of the Phoenix Zoning
Ordinance.

AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
8. Phoenix Food Action Plan
In 2016, Phoenix City Council adopted the 2050 Environmental Sustainability
Goals, including a Local Food System Goal to maintain a healthy, sustainable,
equitable, and thriving local food system. To support this effort, the City has created




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its first 2025 Food Action Plan to outline actions and policies, develop and enhance
partnerships, to support people most impacted by food insecurity and hunger, and
to achieve the goals of access to healthy food for everyone in Phoenix. Per staff’s
recommendation, this PUD has included permitted land uses that promote the
growth and cultivation of food locally.

9. Housing Phoenix Plan
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. This
Plan contains policy initiatives for the development and preservation of housing with
a vision of creating a stronger and more vibrant Phoenix through increased housing
options for residents at all income levels and family sizes. Phoenix’s rapid
population growth and housing underproduction has led to a need for over 163,000
new housing units. Current shortages of housing supply relative to demand are a
primary reason why housing costs are increasing. The proposed development
supports the Plan’s goal of preserving or creating 50,000 housing units by 2030 by
contributing to the city’s housing stock.

10. Tree and Shade Master Plan
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the city’s planning and
development process. By investing in trees and the urban forest, the city can
reduce its carbon footprint, decrease energy costs, reduce storm water runoff,
increase biodiversity, address the urban heat island effect, clean the air, and
increase property values. In addition, trees can help to create walkable streets and
vibrant pedestrian places. The proposal includes enhanced planting standards
along external and internal streets, as well as landscaping in common areas to
provide shade where there are pedestrian pathways and community gathering
spaces.

11. Complete Streets Guiding Principles
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. To support these principles related to
pedestrian connectivity and safety, the development proposes a gated vehicular
entry off of 35th Avenue, which will require cars to slow down and stop before
entering or exiting the community, detached sidewalks along at least one side of
each street, which will be shaded with large caliper trees, and a shaded multi-use
trail along 35th Avenue.

12. Reimagine Phoenix
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




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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. Add details on proposal. This PUD proposes single-family
residential homes, which will be serviced by the City of Phoenix Public Works
Department, Solid Waste Division.

COMMUNITY INPUT SUMMARY
13. At the time this staff report was written, staff received 21 letters in opposition to the
development. The main points of concern are as follows:
• The density and lot sizes are incompatible with the surrounding
neighborhoods;
• The proposed PUD is not an improvement of the previous PHO case, but
rather a repackaging of the same development proposal;
• The proposed site plan does not work with the natural contours of the site;
• The applicant has not provided adequate open space or landscape buffers;
• The proposal is inferior to a conventional zoning case and is not in the best
interest of the community.

INTERDEPARTMENTAL COMMENTS
14. The Phoenix Fire Department has noted that they do not anticipate any problems
with this case and that the site and/or buildings shall comply with the Phoenix Fire
Code.

15. The City of Phoenix Floodplain Management division of the Public Works
Department has determined that this parcel is not in a Special Flood Hazard Area
(SFHA), but is located in a Shaded Zone X, on panel 2660 L of the Flood Insurance
Rate Maps (FIRM) dated October 16, 2013.

16. The Phoenix Public Transit Department has required that the developer provide
clearly defined, accessible pedestrian pathways that connect all sidewalks and
community amenities to provide a safe and direct route for pedestrians. Further,
where pedestrian paths cross drive aisles (not individual residential driveways),
they shall be constructed in a manner so as to visually contrast with the adjacent
parking and drive aisle surfaces. These requirements are addressed in Stipulation
Nos. 9 and 10.

17. The Phoenix Street Transportation Department has required that the developer
dedicate 55-feet of right-of-way on the west half of 35th Avenue and 40-feet of right-
of-way on the north half of Carver Road. Since Carver Road and 35th Avenue are
under MCDOT jurisdiction, additional right-of-way dedication and improvements
shall be approved by the Maricopa County Department of Transportation and
verification of approval shall be provided to the City of Phoenix Street




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Transportation Department prior to preliminary submittal. Further, the applicant
shall be required to submit a Traffic Impact Study, as well as a Developer Project
information Form for the Maricopa Association of Governments Transportation
Improvement Program, which is a requirement of the Environmental Protection
Agency to meet clean air quality requirements. Also, all streets shall be updated to
meet current ADA guidelines. These requirements are addressed in Stipulation
Nos. 2 through 8.

MISCELLANEOUS
18. The site is located in a larger area identified as being archaeologically sensitive. If
further review by the City of Phoenix Archaeology Office determines the site and
immediate area to be archaeologically sensitive, and if no previous archaeological
projects have been conducted within this project area, it is recommended that
archaeological Phase I data testing of this area be conducted. Phase II
archaeological data recovery excavations may be necessary based upon the
results of the testing. A qualified archaeologist must make this determination in
consultation with the City of Phoenix Archaeologist. In the event archaeological
materials are encountered during construction, all ground disturbing activities must
cease within a 33-foot radius of the discovery and the City of Phoenix Archaeology
Office must be notified immediately and allowed time to properly assess the
materials. This is addressed in Stipulation Nos. 11, 12, and 13.

19. The project site is located in close proximity to a privately owned airstrip with active
aviation uses. The developer will be required to disclose these aviation uses to all
prospective home buyers. This is addressed in Stipulation No. 14.

20. Several of the nearby properties are agricultural in nature and include housing of
non-domesticated animals. The developer will be required to disclose this to all
prospective homebuyers. This is addressed in Stipulation No. 15.

21. The developer shall provide a hydraulic/hydrologic analysis of offsite storm water
flows, when present, at the time of preliminary site plan submittal for verification of
required infrastructure in regard to lot space and density.

22. Development and use of the site is subject to all applicable codes and ordinances.
Zoning approval does not negate other ordinance requirements. Other formal
actions such as, but not limited to, zoning adjustments and abandonments, may be
required.

Findings

1. The proposed PUD is consistent with the General Plan Land Use Map designation
of 3.5 to 5 dwelling units per acre.




Page 561
Staff Report: Z-60-20-8 (Carver Canyon PUD)
April 7, 2021


2. The maximum permitted density within this proposal is significantly less than what
is permitted by right under the site’s current zoning designation.

3. The proposal effectively solidifies the development standards that were developed
as a collaboration between the applicant and members of the community over a
year-long PHO process.
Stipulations

1. An updated Development Narrative for the Carver Canyon 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 April 5, 2021, as modified by the following stipulations:

a. Front cover: Revise the submittal date information on the bottom to add the
following: Hearing draft submittal: April 5, 2021; City Council adopted: [Add
adoption date].

b. Page 8, Delete “Churches/Places of Worship (pursuant to the restrictions of
Section 608.E.1 of the Phoenix Zoning Ordinance; including, Pocket
Shelters shall not be permitted)” from the Prohibited Uses list.

2. Carver Road and 35th Avenue are under MCDOT jurisdiction, the applicant shall
submit verification of MCDOT approval for improvements prior to preliminary site
plan approval.

3. The developer shall dedicate minimum 55-feet of right-of-way for the west half of
35th Avenue, as approved by the Planning and Development Department

4. The developer shall dedicate minimum 40-feet of right-of-way for the north half of
Carver Road, as approved by the Planning and Development Department.

5. The developer shall dedicate additional right-of-way and provide improvements to
the 35th Avenue and Carver Road intersection as per geometric design approved
by the Maricopa Department of Transportation. Provide approved design and
verification of approval to the City of Phoenix, Street Transportation Department
prior to preliminary submittal. The design will need to provide access to 35th
Avenue south of Carver Road.




Page 562
Staff Report: Z-60-20-8 (Carver Canyon PUD)
April 7, 2021


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

7. The applicant shall complete and submit the Developer Project Information Form for
the Maricopa Association of Governments Transportation Improvement Program.
This form is a requirement of the Environmental Protection Agency to meet clean
air quality requirements.
8. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA accessibility
standards.

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

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

11. 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.

12. 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.

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




Page 563
Staff Report: Z-60-20-8 (Carver Canyon PUD)
April 7, 2021


14. Prior to final site plan approval, the property owner shall record documents that
disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active aviation uses in the
Hangar Haciendas Units One, Two, and Three subdivisions located approximately
2,300 feet to the east of the subject property in Maricopa County. 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.

15. Prior to final site plan approval, the property owner shall record documents that
disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active agricultural uses and
non-domesticated animal keeping. 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

Writer
Sofia Mastikhina
April 7, 2021

Team Leader
Samantha Keating

Exhibits
Sketch Map
Aerial Map
Community Correspondence (41 pages)
Carver Canyon PUD Development Narrative date stamped April 5, 2021




Page 564
R1-18 PRD *
Z-86-01
R1-18 * Z-128-02
Z-165-06



MARICOPA
S-1
COUNTY
R1-8 *
Z-165-06



Phoenix City Limits




R1-18 * RD 35TH AVE
RV
ER RE-35 *
ANX 342 CA
ANX 387
Z-111-05
Z-51-07
Z-51-05
MARICOPA Z-27-07

COUNTY



I
BROADWAY RD
Z-60-20
SOUTHERN AVE

Miles BASELINE RD

0.085 0.0425 0 0.085
LAVEEN VILLAGE 75TH AVE
DOBBINS RD



67TH AVE
ELLIOT RD

CITY COUNCIL DISTRICT: 8
59TH AVE
ESTRELLA DR




51ST AVE
27TH AVE

43RD AVE 35TH AVE




APPLICANT'S NAME: REQUESTED CHANGE:
Virtua 35th LLC
R1-8 ( 19.35 a.c.)
FROM:


APPLICATION NO. DATE:
1/29/2021
Z-60-20 REVISION DATES:


GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
19.35 Acres QS 04-20 C-6 TO: PUD ( 19.35 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R1-8 83 106
PUD 61 N/A

* Maximum Units Allowed with P.R.D. Bonus
Page 565
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-60-20.mxd
R1-18 PRD *
Z-86-01
R1-18 * Z-128-02
Z-165-06



MARICOPA
S-1
COUNTY
R1-8 *
Z-165-06



Phoenix City Limits




R1-18 * RD 35TH AVE
RV
ER RE-35 *
ANX 342 CA
ANX 387
Z-111-05
Z-51-07
Z-51-05
MARICOPA Z-27-07

COUNTY

Maricopa County Assessor's Office




I
BROADWAY RD
Z-60-20
SOUTHERN AVE

Miles BASELINE RD

0.085 0.0425 0 0.085
LAVEEN VILLAGE 75TH AVE
DOBBINS RD



67TH AVE
ELLIOT RD

CITY COUNCIL DISTRICT: 8
59TH AVE
ESTRELLA DR




51ST AVE
27TH AVE

43RD AVE 35TH AVE




APPLICANT'S NAME: REQUESTED CHANGE:
Virtua 35th LLC
R1-8 ( 19.35 a.c.)
FROM:


APPLICATION NO. DATE:
1/29/2021
Z-60-20 REVISION DATES:


GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
19.35 Acres QS 04-20 C-6 TO: PUD ( 19.35 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R1-8 83 106
PUD 61 N/A

* Maximum Units Allowed with P.R.D. Bonus
Page 566
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-60-20.mxd
10 December 2020
Re: Case Z-60-20, “Carver Canyon” PUD Zone Request

To whom it may concern:

My name is Ben Fisher and I am a property owner in multiple states and my primary residence is in
Laveen, AZ. I hope this message finds you and your loved ones well amidst the pandemic.

Regarding the aforementioned case, I have reviewed the Applicant’s Narrative for the proposed project,
explaining in basic detail about the intent of the ~19 acres located at the NW Corner of 35th Avenue and
Carver Road; in the previous reference of concerns brought by neighbors, I find myself largely concerned
about this development.

“The proposed Carver Canyon PUD’s 61 residential lot subdivision will be below this land use
designation (i.e., 3.13 du/ac).” It sounds as though the proposed plan consisting of 61 residential lot
subdivision is more consistent with developments which would be located in Central Phoenix or closer
to the urban/suburban city locale, which, the volume of homes in the net area of 18.5319 acres the total
lot area is only 10.3543 acres for 61 homes. For Laveen, this is a concerning because of the large density
in a small area. While it holds true other local developments have similar lot/parcel sizes, these
subdivisions are also not consistent with the rich agrarian history that Laveen is striving to support.

Please use parcel viewer for Highland Estates at 20th Street and Highland, Wellington Place at 3rd Avenue
and Cambridge, and Campus Vista at 11th Avenue and Catalina. Each of those developments are R1-6,
however these lot sizes are larger than what is requested in the change for Carver Canyon. The lot
minimum width and depth is 55x110 which totals to 6,050 sq ft lot per dwelling, which does not blend in
with the existing development of the surrounding area. Parcel sizes in Campus Vista are as large as
~9,000 sq ft.
 Parcel 300-15-135 is zoned as RU-43 and consists of 76,092 sq ft lot. This parcel is east of the
proposed Carver Canyon.
 All parcels located on the east/southeast side of Carver and 35th are no less than an acre
(43,560 sq ft), and a max of 3 homes per acre doesn’t blend with the existing environment.

“The Laveen Southwest Growth Study also provides a framework for an overall multi-use trail system
which will help connect the community together as well as assets such as: parks/open space areas and
the South Mountain Preserve. The proposed Carver Canyon PUD will be in line with the General Plan and
the final development plan will provide a multi-use trail along the eastern perimeter of the proposed
subdivision (i.e., along 35th Avenue and Carver Road), which will connect up to future trails to be built
south…”
 There is no guarantee in this statement a plan a multi-use trail. I’m concerned that if a scope
change occurs as this progresses, this proposed trail would meander through the proposed
development, thereby disallowing community members outside of Carver Canyon use of the
said pathways should the Carver Canyon Development be considered a Private or Gated
Community.
 It has also been my experience, in surrounding mass-residential developments (Such as Dobbins
Point) the HOA has posted signage conveying the area is exclusive to residents only. Again, if
scope changes and the trail is moved through the development AND the development is an




Page 567
exclusive gated community, then this will go against connecting the community together as
outlined in the Laveen Village Character Plan.
 Due to the uncertainty of vehicle drivers driving on 35th Avenue and going over the ‘hill’ to segue
onto Carver road I would be very concerned to be walking the trail outlined under exhibit ‘A’ –
Page 20 due to the risk of a careless driver.

“Examples of Southwest Contemporary Architecture*”: The designs listed on page 14 does not resonate
with the agricultural, farming and ranch-styles Laveen should continue to retain. A classic example
Laveen has historically fought for is the farm and ranch style mandated on the local Walmart at 35th
Avenue south of Southern which is not aligned with the generic Walmart Supercenters we’ve come to
know. Continuing a Ranch and Farm Style would most certainly make a subdivision like this more of a
point of pride as the proposal conveys.

Page 17, Section H: “The proposed Carver Canyon PUD’s is lower than the original rezoning (i.e., 61
residential lots vs. 99 residential lots previously approved) and will not impact the level-of-service in the
area (i.e., 35th Avenue and Carver Road). As such, the proposed 61 residential lots will have no impact
to traffic. Moreover, improvements to the ½-streets will be completed with this residential community
and will help to enhance vehicular flow. “
 61 homes, times generally two vehicles per single family home = approximately 122
additional vehicles (or more) driving on 35th Avenue/Carver Road as a thoroughfare. The
hill changing from 35th Avenue to Carver Road and the curvature of the road can be a
dangerous road. Especially at night and when intoxicated drivers are present or drivers
who may not pay attention (e.g. Texting) – which is common in this area.
 The four-way stop in the morning and evening commute at 35th Avenue and Dobbins is
also chaotic ‘today’ (not factoring in the Pandemic). Oftentimes drivers do not
comprehend road rules as it comes to vehicles in all four directions at a 4-way stop, and
the backup of traffic on Northbound 35th Avenue at Dobbins Road, on East and
Westbound Dobbins Road is stressful today to existing residents.
 I have also personally witnessed a complete disregard to the four-way stop at Dobbins
Road and 35th Avenue – for traffic coming from Carver Road at hours in the late evening
and early morning. I have seen drivers going through without stopping as the driver was
checking for social media updates.

The above taken into consideration, with an additional 122 vehicles using the road, there most definitely
will be an impact and I strongly recommend the City Of Phoenix Transportation Department revisit and
complete an updated analysis/study as much as changed in the area since 2007. The currently existing
residents will not respond well to more vehicles traveling this route.

I certainly realize that Developers, Engineers, Land Owners, Planners and Graphic Artists may have high-
stakes in terms of financial incentives to pack homes tightly to generate highest revenue as possible (as
a capitalist our goal is financial success – I get that), though Laveen is not suited towards this. I do not
support the change from R1-8 to PUD and in fact believe the number of units/overall density should be
decreased closer to two (2) units per acre. Or less. Laveen’s focus going forward should be to restrict
future development to stand and closely align with its farming and agricultural history. A development
with 61 homes contained in less than 19 acres does not honor that heritage.

I appreciate you taking the time listening to me voice my concerns as the community at large is very
charged to increased development – especially those who had built homes here as early at the 1950’s,




Page 568
60’s and 70’s, when some of these residents can remember a time when they could see the Milky Way
in the nighttime skies of Laveen nearly until the 1990’s.

Thank you kindly and sincerely yours,




Benjamin Fisher
4745 W. Piedmont Drive
Laveen, AZ 85339
benjamin_fisher@hotmail.com




Page 569
Sofia Mastikhina

From: Elizabeth Banta
Sent: Friday, December 11, 2020 7:55 AM
To: Sofia Mastikhina
Subject: PUD case Z-60-20-8


Good morning. This email is regarding PUD case Z-60-20-8. I wish to register to speak at the meeting
scheduled for Dec 14th at 6:30 p.m.. (or to be able to donate my time to another speaker). I urge the City of
Phoenix including the Laveen Planning Village to treat our community like the precious place that it is. Yes,
property owners' rights are important - including those of people who already live in the community. Please
work to preserve an area that is truly unique to the Valley. Drive in the area if you have not already done so.
You have power to make a real difference through your actions. Thank you for your consideration. My
feedback is consistent with many of my neighbors, as follows. I am grateful to my neighbors who have spent
countless hours following the nuances of the developer's efforts, as well as responses of city decision-makers
and staff, and together we have provided input and recommendations. Consider the following:

 The number of lots and the density is still too high

 The proposed 61 lots at 3+ du/a is still completely incompatible with the area.

 This plan is not a reduction in zoning (aka: down‐zoning). It is simply a repackaging of the previous inferior site plan
from case PHO‐1‐19‐Z‐165‐06‐7/8.

 The applicant continues to ignore the community and our proposal of 46 lots at R1‐18 zoning, which is compatible
with the area, and is an executable site plan with conforming stipulations.

 The applicant has not incorporated the stipulations from case PHO‐1‐19‐Z‐165‐06‐7/8 which they previously agreed
to.

 The applicant has not incorporated the Laveen Residential Guidelines that have been sanctioned by Planning Staff
and the LVPC.

 The proposed site plan does not work with the elevations and contours of the site.

 The applicant has not addressed how to treat the escarpment.

 The applicant has not addressed safety issues for ingress and egress on 35th Avenue.

 The applicant has not provided adequate open space.

 The applicant has not provided adequate landscaping buffers.

 The applicant has failed to recognize or plan for drainage issues and how storm water will be captured on site.

 A PUD in general does not provide specific details or requirements of what will be built. This blank check or
“framework of development standards” is inferior to a conventional zoning case and is not in the best interest of the
neighborhood or broader Laveen Village. This special area of Laveen deserves a far superior and compatible plan than
anything this applicant has proposed over the course of a year.


Page 570
Sofia Mastikhina

From: Irma Cazarez
Sent: Friday, December 11, 2020 6:49 PM
To: Sofia Mastikhina
Subject: Agenda Item 5, case Z-60-20-8


Good evening,

In reference to the above mentioned PUD application, I’d like to express my opposition to it. The proposed
development is non‐confirming with the surrounding area. The community in general is opposed to this and we simply
hope that the applicant realizes that the community is not opposed to the right kind of development. Unfortunately,
the development the applicant proposes is not something we can support.




‐‐
Thank you,



Irma Cazarez

phone: (602)363-5381





Page 571
Sofia Mastikhina

From: Kim Henshaw
Sent: Friday, December 11, 2020 8:07 AM
To: Sofia Mastikhina
Subject: Request to speak at Dec 14 LVPC Meeting 12/14, Agenda Item 5, case z-60-20-8


I want to speak on behalf of my community about the development planned for the Quarry.
I have been a resident in this area for 10 years (11706 S.42nd Ave). We moved here from Ahwatukee.

Laveen has been a hidden gem for many years, but as you are aware it is now growing rapidly.
All of the cotton fields, corn fields, and other agricultural interests are being replaced with rapid build, compact single
family residence developments.
What is important about the quarry area is the size and spread of the lots/houses and its protection from the
surrounding foothill/mountain, thus retaining that rural feel in the surrounding area.
While the freeway and housing growth is important, it is also necessary that Laveen retain some sense of its unique
community. Otherwise, there is nothing to distinguish us from the spread of Mesa and other suburban Phoenix areas.
This is an important pocket of Laveen, one of the few places where wildlife (already pushed away from freeway and
housing developments) can reside on Carver Mountain & South Mountain.

Those who purchased property and have lived for some time need some protection from the City to honor the plans and
guidelines previously in place for this area, which is to prevent the density the developer is currently seeking.

The area of 35th and Carver has also become more dangerous due to the increase in traffic. There are rollover several
times a year on Carver hill next to the Quarry (35th ave) and also several times a year cars end up in the canal.
Although some improvements seem to be in the works for 35th ave, increasing the traffic with another dense
development creates additional risks and more traffic on Carver Rd. which is not designed to support it.

I ask the City of Phoenix to consider that part of Phoenix’s identity is having surrounding communities with their own
‘feel’ and attractions. Keeping Laveen ‘Laveen’ is also in the best interest of the City of Phoenix.
Our identity is drawing growth, people, amenities, to this area, but we cannot forsake what made this community
unique.

Thank you for considering my comments and I look forward to sharing my perspective as a long term resident of this
area.

Kim Henshaw
Director, Client Services




1820 E Sky Harbor Cir South Ste. 150 • Phoenix, AZ 85034
O: +1 602.635.5858 • M: +1 480.600.7006
exelatech.com • About EXELA • Instagram • LinkedIn




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Page 572
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Page 573
Sofia Mastikhina

From: Steven Dougherty
Sent: Friday, December 11, 2020 7:27 PM
To: Sofia Mastikhina
Cc: Steven Dougherty
Subject: Dec. 14 LVPC meeting Agenda Item 5, Case Z-60-20-8




Hello Sofia,

I believe I’m registered now


Submitting my comment:


Dec. 14 LVPC meeting Agenda Item 5, Case Z‐60‐20‐8


OPPOSED

Feedback on the new PUD case Z‐60‐20‐8 for use:
 The number of lots and the density is still too high
 The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
 This plan is not a reduction in zoning (aka: down‐zoning). It is simply a repackaging of the previous inferior site
plan from case PHO‐1‐19‐Z‐165‐06‐7/8.
 The applicant continues to ignore the community and our proposal of 46 lots at R1‐18 zoning, which is
compatible with the area, and is an executable site plan with conforming stipulations.
 The applicant has not incorporated the stipulations from case PHO‐1‐19‐Z‐165‐06‐7/8 which they previously
agreed to.
 The applicant has not incorporated the Laveen Residential Guidelines that have been sanctioned by Planning
Staff and the LVPC.
 The proposed site plan does not work with the elevations and contours of the site.
 The applicant has not addressed how to treat the escarpment.
 The applicant has not addressed safety issues for ingress and egress on 35th Avenue.
 The applicant has not provided adequate open space.
 The applicant has not provided adequate landscaping buffers.
 The applicant has failed to recognize or plan for drainage issues and how storm water will be captured on site.
 A PUD in general does not provide specific details or requirements of what will be built. This blank check or
“framework of development standards” is inferior to a conventional zoning case and is not in the best interest of
the neighborhood or broader Laveen Village. This special area of Laveen deserves a far superior and compatible
plan than anything this applicant has proposed over the course of a year.

Sincerely,
Steven Dougherty
Steven@StevenDougherty.com
480‐430‐6130 Cell



Page 574
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Page 575
Sofia Mastikhina

From: Bret Burchard
Sent: Monday, December 14, 2020 1:45 PM
To: Sofia Mastikhina
Subject: Re: Dec. 14 LVPC Meeting - Agenda Item 5, Case Z-60-20-8



Sofia,

Unfortunately I have a family obligation this evening that won't allow me to be present for the meeting.
I have written my statement below. Could you please have this read during my speaking time and
submit it on record related to this case?

Thank you.


My wife and I have lived all over the Valley: from Peoria to Tempe, from Arcadia to central Phoenix.
We found our home in Laveen because of its rural living with urban access; with spacious lots, an
abundance of outdoor activity (hiking trails, horses, ranches), minimal light and noise pollution for star
gazing, and picturesque views all within a reasonable commute to downtown work, this was the
perfect place for us and to find people like us. Three things were especially attractive about making
this a longterm placement for us: (1) the uniquely Arizona landscape, (2) the potential for growth, (3)
the apparent commitment by the community to preserve its uniqueness as it grows.

I encourage the committee to not take this application at face value, but truly understand the details of
the proposal and the process behind pursuing this PUD application. This is not a unique, creative
proposal requiring a special zoning code. It's a rebranding of an incompatible proposal. The applicant
makes many attempts to appear to be a good neighbor, but their actions do not align. Consider the
negotiation process from the neighbor's point of view, or the references within the proposal to the
Southwest Laveen Growth Study. The references cherry pick low-hanging fruit like building materials
and perimeter walls to portray compliance, but ignore higher priority issues and the larger picture. I
would like to call your attention to Page 13 of the study, which emphasizes the need for a buffer
between existing lower-density lots and new subdivisions with the more standard 2-5 du/ac and the
specific mention of this location. Quoting from the Growth Study: "The southern portion of the area,
from the Carver Foothills to South Mountain Park, will be very low density housing in a Sonoran
Desert environment." This is far from "very low density" and eliminates any opportunity for a "buffer"
between densities.

As mentioned, my wife and I are excited about the growth coming to Laveen as well as the intention
to protect its unique rural way of life, which is why we support the more-than-compromised proposal
from the community that includes the 46 lots at R1-18 zoning. We are not against growth. We are not
against development. We are excited about welcoming more like-minded individuals and families to
the community. We are also supportive of an overall plan that protects the unique qualities of this
area that attracted us here in the first place.


Thank you,

Bret Burchard

Page 576
11244 S 35th Ave
Laveen, AZ 85339
On Thursday, December 10, 2020, 10:12:33 AM MST, Sofia Mastikhina wrote:



Good morning Bret,




You have been registered to speak at the December 14 Laveen Village Planning Committee meeting. Please use the link
on the agenda to access the meeting. Staff will unmute you when the Chair calls your name. Let me know if you have any
questions.




Best regards,




Sofia Mastikhina, CNU-A

(she/her/hers) What is this?
[mypronouns.org]

Planner II - Village Planner


Long Range Planning

Office: 602-256-5648

200 West Washington Street

Phoenix, AZ 85003




From: Bret Burchard
Sent: Wednesday, December 9, 2020 1:34 PM
To: Sofia Mastikhina
Subject: Dec. 14 LVPC Meeting - Agenda Item 5, Case Z-60-20-8




Sofia,



I would like to register for the upcoming Dec. 14 LVPC meeting, specifically related to Agenda Item 5,
Case Z-60-20-8.

Page 577
Thank you,




Bret Burchard

11244 S 35th Ave

Laveen, AZ 85339





Page 578
Sofia Mastikhina

From: D in AZ
Sent: Monday, December 14, 2020 8:51 PM
To: Sofia Mastikhina
Subject: For the Record of Z-60-20-8

Follow Up Flag: Follow up
Flag Status: Flagged


In follow up to the LVPC meeting on 12/14/20, I'd like to give you my notes for the record of Z‐60‐20‐8.

Our family lives within walking distance of this property. The history with this lot has put this community through a roller
coaster.

As you know Laveen is growing by leaps and bounds. Fields and farms that defined Laveen are quickly disappearing and
housing developments are everywhere. BUT this part of Laveen is different from the rest. I hope you are familiar with
the south side of Carver Mtn. Most lots are 1 house per acre (or more). We moved here to get away from the influx of
huge housing developments and consider it our escape from the city.

We are dealing with this applicant already with the city council. The applicant has used multiple continuances and delay
tactics to discourage the neighbors from continually opposing this. The city council refuses to enforce a required zone
reversion per Ordinance‐5020 from 2007, but aside from the council ignoring this, the community HAS tried to propose
compatible development for this lot to try and meet in the middle, but the applicant doesn’t seem to want to abide with
the community’s wishes‐community, meaning the people that have to live next door and drive by this development
forever.

It is not compatible to bring the number of homes to this lot that the applicant has put forth. It will change the feel of
our neighborhood drastically. BUT not only is this a development issue, it also is a safety issue. I wish I had the statistics
of how many accidents happen around the bend, on the hill on 35th, how many cars have hit poles causing power
outages, how many have gone through the William’s fence or how many cars end up IN the canal along Carver. It’s a lot
more than you realize. High density zoning will only make this stretch more dangerous.

If any of you lived on this south side of the quarry, YOU would be fighting to oppose the type of density that this
applicant is proposing FOR development AND safety reasons. I hope the Laveen Community Council will understand why
we oppose this and agree with us rather than the applicant that wants to just profit from our unique area of Laveen.

Darcy Meyer

480‐332‐4120





Page 579
Sofia Mastikhina

From: Cyd Manning
Sent: Wednesday, December 16, 2020 5:30 PM
To: Sofia Mastikhina
Subject: Feedback regarding LVPC Meeting Dec. 14, 2020 and Discussion on Case Z-60-20-8
Attachments: Community Site Plan (PHO-1-19) Z165-06-7 (8) Site Plan Dated 062420.pdf

Importance: High

Follow Up Flag: Follow up
Flag Status: Flagged


Sofia,
Please forward this email and attachments to all members of the Laveen Village Planning Committee (LVPC) and also
include this in the subject case file. I’d appreciate confirmation both actions have been completed.

Thank you very much and all my best to you and your family for a wonderful holiday.

Best regards,
Cyd

Cyd Manning
sweetbeat@q.com
480‐747‐0769


LVPC Members,
Thank you for your attention to community concerns regarding PUD Case Z‐60‐20‐8 at Monday’s LVPC meeting. I also
appreciate your questions during the meeting and the request from Vice Chair Glass to provide the community’s
proposal for the committee’s review and consideration.

The community proposal is compatible land use with the adjacent and surrounding area. Our plan requires a zoning
change on the 20 acre parcel from R1‐8 to R1‐18. Our site plan is executable and utilizes the topography of the site,
preserves views and open space, and is specifically at the upper end of the R1‐18 zoning range to allow the applicant to
have the most lots possible in that R1‐18 zoning district. Conforming stipulation modifications for inclusion with our
plan are:

 Stipulation 1: THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE SITE PLAN DATE STAMPED
JUNE 24, 2020, AS MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC REGARD TO THE FOLLOWING:
A. THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM 35TH AVENUE EXTENDED TO THE
WESTERN PROPERTY BOUNDARY, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.
B. THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE WESTERN EDGE OF THE PROPERTY
LINE SHALL PROVIDE A VEHICULAR CONNECTION TO, FOR AND INTEGRATED WITH BOTH THE 20‐
ACRE AND 40‐ACRE PORTIONS OF THE PARCEL.
 Stipulation 2: CONCEPTUAL ELEVATIONS FOR THE 20‐ACRE DEVELOPMENT 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


Page 580
PURPOSES ONLY. SPECIFIC DEVELOPMENT STANDARDS AND REQUIREMENTS MAY BE DETERMINED BY THE
PLANNING HEARING OFFICER AND THE PLANNING AND DEVELOPMENT DEPARTMENT.
 Stipulation 4: DEVELOPMENT OF THE 40‐ACRE R1‐18 PORTION OF THE SITE SHALL NOT EXCEED 22 LOTS.
 Stipulation 5: DEVELOPMENT OF THE 20‐ACRE CURRENT R1‐8 PORTION OF THE SITE SHALL NOT EXCEED A
DENSITY OF 46 LOTS AND SHALL BE REZONED TO R1‐18.
 Stipulation 6. THE 20‐ACRE DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN SPACE, OF WHICH A
MINIMUM OF 12%, SHALL BE USABLE OPEN SPACE, AS APPROVED OR MODIFIED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.
 Stipulation 15: THE DEVELOPER SHALL DEDICATE A MULTI‐USE TRAIL EASEMENT AND CONSTRUCT A MULTI‐USE
TRAIL PER ADOPTED STANDARDS ALONG THE NORTH SIDE OF CARVER ROAD AND ALONG THE WEST SIDE OF
35TH AVENUE, AS APPROVED BY THE PARKS AND RECREATION DEPARTMENT.
 Stipulation 35: A MINIMUM OF THREE TERRACED BERMS WITH 2:1 FILL SLOPES SHALL BE INSTALLED ALONG
THE FULL LENGTH OF THE QUARRY CUT SLOPE BASE. THE TERRACES SHALL BE A MIMIMUM HEIGHT OF 8 FEET
TALL AND SHALL BE PLANTED WITH A STAGGERED COMBINATION OF 2‐INCH AND 4‐INCH CALIPER, DROUGHT
RESISTANT, DECIDUOUS TREES AT 25 FEET ON CENTER OR IN EQUIVALENT GROUPINGS TO CENTER, AS
APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT.
 Stipulations 43 & 44: Require Staff to update these stipulations to include notification to all individuals on
record who have written and/or attended public meetings regarding this case
 All other stipulations, including Stipulation 19, to remain unchanged
 A conforming site plan dated June 24, 2020 is attached

I believe a few LVPC members are new to this parcel, the issues and the multiple cases, so I’ve also taken the
opportunity to provide an executive summary and history in addition to the community proposal. FYI, the entire City
Council has received the below information, other than the updates I’ve provided regarding the new PUD case. Thank
you in advance for your careful review and consideration of the materials. If you have follow‐on questions, please let
me know.

Thank you for serving the community as LVPC members and I wish you and your families a very safe and enjoyable
holiday season.

Best regards,
Cyd Manning


Executive Summary:
The original case in 2006/2007 was very contentious due to the high‐density development plan in an area that for 25+
years has been planned to be 0‐1 homes per acre. This incompatible land use of speculative spot zoning was pushed
through regardless of community involvement. The large outpouring of community opposition remains today with the
current case/PHO application PHO‐1‐19‐Z‐165‐06‐7/8. The applicant/owner’s revised proposal of 63 (recently 61) lots
on the 20‐acre portion with no zoning district change from R1‐8 is still incompatible land use at 3 times the density of
adjacent and nearby parcels zoned at R1‐18 and RE‐35. They also have an active Proposition 207 waiver on file that
waives their right to sue the City of Phoenix.

As you heard with the PUD case on Monday, the issue has been and is about zoning and density.





Page 581
The community has continued to propose a compatible land use alternative (described above) with a conforming site
plan and applicable stipulation revisions, along with a zoning district change, that is supported by Councilmember
Garcia. This option essentially “splits the baby” with the community moving up two zoning districts and the
applicant/owner moving down two zoning districts. Our proposal is a true middle ground and “cuts to the chase” given
the City’s inability to codify the zoning reversion required in 2011, along with the realignment of the General Plan, to 0‐1
du/a.

You can clearly see by the green arrows in the below graph that the community has compromised significantly more
than the applicant.




 Note ‐ The 20‐acre and 40‐acre parcels are zoned separately and cannot be calculated together


Page 582
The PHO case was continued twice (July 1st and August 26th) at the applicants request to review and respond to the
community proposal. The applicant contacted us 6+ weeks after the July 1st continuance and had not performed a
detailed review/analysis of our plan. After the August 26th continuance, the applicant reached out after 3 weeks to
propose zero zoning change and a token reduction of 2 lots (63 to 61). The PHO case was set for the Council agenda on
October 7 and ended up being continued for a third time. In the motion to continue, Councilmember Garcia stated his
motion was “to continue this item for 6 months to the April formal meeting to allow the property owner to file a zoning
case to down‐zone the property”. The PHO case is scheduled to be heard at the April 7, 2021 City Council formal
meeting.

Now the applicant has filed a second and separate case for a PUD, Z‐60‐20‐8. This new PUD case is not a down‐zoning
(e.g. reduction in zoning). It is simply a repackaging of the PHO case.

Case History Details:
 We are residents of all social and economic backgrounds who have worked hard for our homes and love our
community. Even those neighbors with occupations who stand to benefit from more development (e.g. realtors,
insurance agents, civil engineers, contractors, etc.) have been and are opposed to this high‐density development
because it does not fit the area. We are not against change, development, growth or affordable housing. We
are for responsible development that is compatible with the area. We have supported high‐density
developments, including several cases in the last year+, because they fit the area being proposed.
 The video of our area is only 42 seconds long and can be played directly from this secure Dropbox
link: https://www.dropbox.com/s/0tfmz2e6htiasqd/Laveen.mp4?dl=0 [dropbox.com]
 The original GPA and Zoning cases in 2006/2007 were very contentious and lasted almost 1 year (GPA‐LV‐2‐06‐7
and Z‐165‐06‐7)
o Owner/applicant proposed:
 GPA 5‐10 du/a from 0‐1 Residential/Parks/Open Space
 R1‐18, 40 acres, 22 lots at .56 du/a
 R2, 20 acres, 136 multi‐family units at 6.8 du/a
o Significant community opposition
 200+ community members petitioned in opposition; LVPC & LCRD unanimously opposed; GPA
and Zoning cases appealed
 District 7 candidates Pastor & Nowakowski opposed; Councilmembers Johnson and Simplot
voted in opposition
o Claims of blight, hazardous material, etc. were all proved to be false
o To help protect the neighborhood from speculative spot zoning and incompatible high‐density
development, then Mayor Gordon insisted on including a time stipulation (Stipulation 19) for zoning
reversion if development did not occur in 48 months.
o Ultimately the 40‐acre portion at R1‐18 and 22 lots, the 20‐acre portion at R1‐8 with 99 detached villas,
and Stipulation 19 for zoning reversion was approved and codified in Ordinance G‐5020
 The City did follow process in July 2008 and codified a GPA alignment on this parcel
o The Planning Director letter in the case file states “The Laveen Village Planning Committee initiated GPA‐
LV‐1‐08‐7 to create consistency between the Land Use Map and the approved R1‐8 zoning and to avoid
creating a precedent for higher densities on the surrounding parcels.”
 The current PHO case is equally contentious with the applicant/owner ignoring the community’s input until
encouraged by Councilmember Garcia
o The applicant continues to ignore, or claims to be surprised, that zoning is and has been the issue for 13
years
o Significant community opposition remains:
 140+ community members in opposition at LVPC; 40+ community members in opposition at
PHO; 70+ community members in opposition at Planning Commission
 LVPC & LCRD unanimously opposed; significantly over 250+ community letters submitted in
opposition to date
 PHO and Planning Commission recommendations were appealed


Page 583
 Councilmember Garcia and other community leaders are opposed to the applicant’s plan
o The City has refused to enforce Ordinance G‐5020 Stipulation 19 which states “That approval shall be
conditional upon development commencing within 48 months of the City Council approval of this
change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For purposes of this
stipulation, development shall commence with the issuance of building permits and erection of
building walls on site.”.
 City Council approval was on October 10, 2007 and with the 48‐month timing, the zoning was
set to revert to S‐1 as of 2011.
 To date there has been no development on the property and no action taken by the City to
revert the zoning as required, despite multiple requests to do so.
o Technically the zoning classification for this property has been S‐1 since late 2011, but has yet to be
codified by the City per Ordinance G‐5020
o Technically the General Plan is 0‐1 du/a, NOT 3.5 to 5, and the City is also obligated to codify that
designation





Page 584
Page 585
Sofia Mastikhina

From: Vializ, Lisa
Sent: Thursday, December 17, 2020 11:52 AM
To: Sofia Mastikhina
Subject: Feedback regarding LVPC Meeting Dec. 14, 2020 and Discussion on Case Z-60-20-8

Follow Up Flag: Follow up
Flag Status: Flagged



Hi Sofia,

I am opposed to the PUD on this property, as the reversion is still an active and open issue.

We have been meeting with the Applicant’s council and discussing this case for almost 12 months now. The
Community has remained consistent.. the issue here is the zoning WHICH equals density and the DENSITY
proposed is TOTALLY INCOMPATIBLE with this area. It is a mere shortcut to accomplish a plan that is
ACTUALLY worse than WHAT we have been opposing….a ‘blank check’ for the Applicant to do whatever they
want.

TO SUMMARIZE:
 It does NOT incorporate all of the stipulations from the PHO‐ that they previously agreed to.
 It does NOT incorporate all of the Laveen Residential Guidelines that have been sanctioned by Planning
Staff and the LVPC.
 As a reminder, The LVPC unanimously opposed this case.
 The surrounding density’s referenced in Mr. Gilbert’s presentation are inaccurate. We have: S‐1, R‐43,
and R‐18 in the surrounding area. As we all know the density REDUCES as we move south toward
South Mountain. We are asking for comparable lot sizes to the surrounding area and not what is 2
miles NORTH to Dobbins.
 60x120 lots may sound good, but NOT in an area with ½ to 1 acre lots. Density and zoning is the
issue.
 The density reduction number referenced in Mr. Gilbert’s presentation is NOT correct since he
combined the 40 and 20 acre parcels to bolster his density reduction number (fake math) and this case
is ONLY addressing the 20A parcel.
 The Applicant is flipping the property. This entire time they stated they were building on the property
and finally just admitted they are going to flip it.
 Councilman Garcia has reiterated time and time again he would NOT support a density or zoning at
this level (R1‐8 nor R1‐10). He asked us to compromise and we did; we agreed to R1‐18 at 46 lots
AND COUNCILMAN SUPPORTS THIS ZONING LEVEL AND LOT COUNT.
 Again this sets a very bad precedent for this area and all of the property around South Mountain
currently zoned S‐1. We need to maintain the low density in this area. There are plenty of
properties/land near the freeway and areas North of Baseline where higher density housing is
appropriate but it is not appropriate in and around the foothills.
 We should allow the original case to continue on thru City council instead of ramrodding thru a PUD
which is NOT in the best interest of the community.



Page 586
Please vote to deny this PUD. The neighbors have been speaking loud and clear for a year (all the way back to
2007 actually). High density has its place but not in this area at any price point.

Thank you,
Lisa Vializ
8921 S 53rd Dr.
Laveen, AZ 85339





Page 587
Sofia Mastikhina

From: John Knight
Sent: Monday, December 28, 2020 10:08 AM
To: Sofia Mastikhina
Subject: Re: Laveen Planning Meeting Dec 11

Follow Up Flag: Follow up
Flag Status: Flagged


SoIia, thank you so much for the update. I am truly sorry to have missed. Looking forward to the next steps. As we
invested in this area over 18 years ago, we have seen the same type of custom quality building continue as others look
for a place of open space. That was what the City and County told us. We would love to have you out to our area and
our home so you gt the feel of how the new Developer's requests are Polar Opposites to what is here today. It is truly
hard to understand unless you come through here with a resident. Please think about this. I know that you must
remain neutral, but it will help you understand our passion to continue this. The builders hope we get tired of all these
meetings. and hope to give up. When you come South over the Carver Mountains, you see an area close to Paradise
Valley or even Tucson. Most people don't know this area is here. Please let me know if that would help Happy New
Year

On Thu, Dec 24, 2020 at 8:51 AM Sofia Mastikhina wrote:

Good morning John,



The meeting went well – a good number of community members attended and expressed their opposition to
the case. It has not yet been scheduled to come back to the VPC for a vote, as the applicant is still working
with us on revisions to their development narrative. Please let me know if you have any questions.



I hope your health is better, and have a wonderful holiday!



Best regards,



Sofia Mastikhina, CNU-A

(she/her/hers) What is this?
[mypronouns.org]

Planner II - Village Planner


Long Range Planning


Page 588
Office: 602-256-5648

200 West Washington Street

Phoenix, AZ 85003




From: John Knight
Sent: Tuesday, December 15, 2020 7:47 AM
To: SweetBeat@q.com; Sofia Mastikhina ; Elizabeth Banta
Subject: Re: Laveen Planning Meeting Dec 11



Sofia, I apologize for missing last night. I had some health issues. How did it go? I will try and attend
Thursday" Thank you all very much.


John Knight
VP Integrated Solutions
P: (602) 237-4915
C: (602) 549-1885
[cloud.letsignit.com] E: john.knight@aircomm.com
W: www.aircomm.com [cloud.letsignit.com]

[cloud.letsignit.com] [cloud.letsignit.com] [cloud.letsignit.com] [cloud.letsignit.com]




[cloud.letsignit.com]




[cloud.letsignit.com]





Page 589
On Mon, Dec 14, 2020 at 9:57 AM Sofia Mastikhina wrote:

Good morning John,



You have been registered to speak at the December 14 Laveen Village Planning Committee meeting. Please
use the link on the agenda to access the meeting. Staff will unmute you when the Chair calls your name. Let
me know if you have any questions.



Best regards,




Sofia Mastikhina, CNU-A

(she/her/hers) What is this?
[mypronouns.org]

Planner II - Village Planner


Long Range Planning

Office: 602-256-5648

200 West Washington Street

Phoenix, AZ 85003




From: John Knight
Sent: Saturday, December 12, 2020 5:28 PM
To: Sofia Mastikhina ; John Hampton Knight ;
Dr. Dean G. Gordy Fairchild, Ph.D. ; SweetBeat@q.com
Subject: Laveen Planning Meeting Dec 11




Sofia, I hope this finds you well. I am requesting to speak at the meeting.




Page 590
1. Average Lot Size South of Carver Hills 51st Avenue to 19th Avenue

2. Average Size of house in the same area?

3. Average Size of Open Area for each parcel?

4. Average Price of home in this area?

5. Number of Acre+ Lots compared to less than Acre lots?

6. Do you have pictures of this area during Monsoon, Hurricane or large rain seasons?

7. What is the breakdown of Architectural design of homes today is this area?

8. Compare the above to the proposal before us please.

9. How does your product compare to the area surrounding your proposed development versus what we have seen
on 51st Avenue.

10. What is the average devaluation of this area when you build small homes compared to larger, custom acre homes?

11. Why have you not looked at the area and provided a product commensurate with the surroundings?

12. What makes your proposed design unique and desirable? .

13. How do we protect the integrity of the existing homeowners who bought in to the Laveen plan of the 1990's and
invested in this area? Why should you be granted an exception?




Those are things that we all want to know. We will try and pull the statistics by Monday. ty




‐‐





Page 591
John Knight
VP Integrated Solutions
P: (602) 237-4915
C: (602) 549-1885
[cloud.letsignit.com] E: john.knight@aircomm.com
W: www.aircomm.com [cloud.letsignit.com]

[cloud.letsignit.com] [cloud.letsignit.com] [cloud.letsignit.com] [cloud.letsignit.com]




[cloud.letsignit.com]




[cloud.letsignit.com]




‐‐



John Knight
VP Integrated Solutions
P: (602) 237-4915
C: (602) 549-1885
[cloud.letsignit.com] E: john.knight@aircomm.com
W: www.aircomm.com [cloud.letsignit.com]

[cloud.letsignit.com] [cloud.letsignit.com] [cloud.letsignit.com] [cloud.letsignit.com]




[cloud.letsignit.com]





Page 592
[cloud.letsignit.com]




‐‐

John Knight
To help protect y our priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.
VP Integrated Solutions
P: (602) 237-4915
C: (602) 549-1885
[cloud.letsignit.com] E: john.knight@aircomm.com
W: www.aircomm.com [cloud.letsignit.com]

[cloud.letsignit.com] [cloud.letsignit.com] [cloud.letsignit.com] [cloud.letsignit.com]


To help protect y ou r priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.




To help protect y ou r priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.




[cloud.letsignit.com]

To help protect y our priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.




[cloud.letsignit.com]





Page 593
Sofia Mastikhina

From: chris johns
Sent: Monday, January 4, 2021 8:47 PM
To: Sofia Mastikhina
Subject: Fw: PUD case Z-60-20-8.

Follow Up Flag: Follow up
Flag Status: Flagged




Hello Sofia,
I am writing to express my concern about PUD case Z‐60‐20‐8. The proposed 61 lots with more than 3 dwelling units per
acre is completely incompatible with the area. The number of lots and density is far too high and does not fit with the
surrounding area between the Carver foothills and south mountain park. The applicant continues to ignore the
community and our proposal of 46 lots at R1‐18 zoning, which is compatible with the area, and is an executable site plan
with conforming stipulations.
In addition, the neighborhood community members have voiced the following concerns with this case:
Feedback on the new PUD case Z-60-20-8 for use:
 This plan is not a reduction in zoning (aka: down-zoning). It is simply a repackaging of the previous
inferior site plan from case PHO-1-19-Z-165-06-7/8.
 The applicant has not incorporated the stipulations from case PHO-1-19-Z-165-06-7/8 which they
previously agreed to.
 The applicant has not incorporated the Laveen Residential Guidelines that have been sanctioned by
Planning Staff and the LVPC.
 The proposed site plan does not work with the elevations and contours of the site.
 The applicant has not addressed how to treat the escarpment.
 The applicant has not addressed safety issues for ingress and egress on 35th Avenue.
 The applicant has not provided adequate open space.
 The applicant has not provided adequate landscaping buffers.
 The applicant has failed to recognize or plan for drainage issues and how storm water will be captured on
site.
 A PUD in general does not provide specific details or requirements of what will be built. This blank check
or “framework of development standards” is inferior to a conventional zoning case and is not in the best interest
of the neighborhood or broader Laveen Village. This special area of Laveen deserves a far superior and
compatible plan than anything this applicant has proposed over the course of a year.20-8

Chris Johns





Page 594
Sofia Mastikhina

From: Sarah VanSchyndel
Sent: Monday, January 4, 2021 11:42 AM
To: Sofia Mastikhina
Subject: PUD case Z-60-20-8.

Follow Up Flag: Follow up
Flag Status: Flagged


Hello Sofia,
I am writing to express my concern about PUD case Z‐60‐20‐8. The proposed 61 lots with more than 3 dwelling units per
acre is completely incompatible with the area. The number of lots and density is far too high and does not fit with the
surrounding area between the Carver foothills and south mountain park. The applicant continues to ignore the
community and our proposal of 46 lots at R1‐18 zoning, which is compatible with the area, and is an executable site plan
with conforming stipulations.
In addition, the neighborhood community members have voiced the following concerns with this case:

Feedback on the new PUD case Z-60-20-8 for use:

 This plan is not a reduction in zoning (aka: down-zoning). It is simply a repackaging of the previous
inferior site plan from case PHO-1-19-Z-165-06-7/8.

 The applicant has not incorporated the stipulations from case PHO-1-19-Z-165-06-7/8 which they
previously agreed to.

 The applicant has not incorporated the Laveen Residential Guidelines that have been sanctioned by
Planning Staff and the LVPC.

 The proposed site plan does not work with the elevations and contours of the site.

 The applicant has not addressed how to treat the escarpment.

 The applicant has not addressed safety issues for ingress and egress on 35th Avenue.

 The applicant has not provided adequate open space.

 The applicant has not provided adequate landscaping buffers.

 The applicant has failed to recognize or plan for drainage issues and how storm water will be captured on
site.

 A PUD in general does not provide specific details or requirements of what will be built. This blank check
or “framework of development standards” is inferior to a conventional zoning case and is not in the best interest
of the neighborhood or broader Laveen Village. This special area of Laveen deserves a far superior and
compatible plan than anything this applicant has proposed over the course of a year.20-8





Page 595
Sofia Mastikhina

From: Donna Schober
Sent: Tuesday, January 5, 2021 5:56 PM
To: Sofia Mastikhina
Subject: PUD case Z-60-20-8

Follow Up Flag: Follow up
Flag Status: Flagged



Dear Ms. Mastikhina. My husband and I have lived in Laveen for 22+ years. We live near the proposed
development (PUD case Z‐60‐20‐8) that is the subject of various meetings. We are in strong opposition to
PUD case Z‐60‐20‐8. We will list only a few of the reasons we oppose this case.

Chief among our reasons is the high number of lots for this area and the density is much too high for this
area. The number of lots is completely incompatible with this area. The applicant has ignored our
community and our own proposal of fewer lots and less density which is more compatible with the area and
could be implemented rather quickly with some conforming stipulations.

The applicant has not worked with the site, has not addressed traffic safety issues, has not provided
adequate open space, adequate landscaping buffers, failed to plan for drainage issues and storm water. These
are items of importance to our neighborhood. We do not feel it is appropriate to give this developer a blank
check through approval of this case.

As you may already know this is the second and a separate case filed by the developer for this same area. The
neighborhood opposes both cases (PHO‐1‐19‐Z‐165‐06‐7/8 is the other case) and has been fighting for a
responsible development in the area for more than 10 years.

Please visit our neighborhood. You will see this is a special area of Laveen and it deserves a far superior plan
than anything this particular applicant has proposed.

Sincerely,

Donna J. Schober
Marvin A. Sondag
10840 S 30th Ave
Laveen, AZ 85339

602‐237‐4887





Page 596
Sofia Mastikhina

From: EMAIL TEAM
Sent: Tuesday, January 5, 2021 12:56 PM
To: Sofia Mastikhina
Subject: zoning meetings

Follow Up Flag: Follow up
Flag Status: Flagged


Hi Sofie,
I am against the proposals: PUD Z-60-20-8 and PHO-1-19-Z-165-06-7/8.
Sincerely
Gary Jordan
3603 W. Shawnee Dr.
Laveen, Az 85339
602-237-4727





Page 597
Sofia Mastikhina

From: Laura Murphy
Sent: Wednesday, January 6, 2021 5:54 PM
To: Sofia Mastikhina
Subject: PUD CASE Z-60-20-8 Laveen Carver Mountain

Importance: High

Follow Up Flag: Follow up
Flag Status: Flagged


Good afternoon Sofia,

I am writing in to oppose the PUD case for the Quarry/Carver Mountain case. This also includes an opposition to case
PHO‐1‐19‐Z‐165‐7/8.

The Hidden Valley residents living in Laveen chose to come here for a reason. To get out of the City. We did not want
HOA’s. We wanted space and to see the Milky Way! We have NO streetlights and we like it that way. We have less
traffic, although with the new Loop 202 in our backyard, the traffic has doubled on our residential streets and it is now
hard to see the Milky Way due to the freeway lights. Plus people our using our residential streets as a cut through to get
to 35th Ave and Baseline faster or dodging the law by coming from the Casino drunk. We now even have semi’s using
our residential streets as a cut through. The drunk drivers just end up in the irrigation ditch. This happens quite a lot. Or
they hit a power pole and wipe us out of power for hours on end. We do not need to increase the traffic with high
density housing.

We do not have any housing projects in our neighborhood. We do not need to start now. The is a mountain side
property. This is not welcome. In fact, it would deface the beauty. This is a special and tranquil place to live and raise a
family. Allowing a high density housing project will bring crime. The beauty will be erased.

We have lost most of our cotton farms along 51st Ave due to high density housing. This was hard enough to bear a
couple of years ago. It is so sad that we are losing farmers in our metro area. If they can relocate due to costs they are
struggling on where to move to without the costs going out of this world. Some, have decided not to farm
anymore. This is not good for our economy.

We want to preserve our mountains, not destroy them. I am not opposed to custom homes. But, it should remain R‐18
with one house per acre. And no more!

The following is the feedback on the new PUD case Z‐60‐20‐8.

1. The number of lots and the density is still too high
2. The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
3. This plan is not a reduction in zoning (aka: down‐zoning). It is simply a repackaging of the previous
inferior site plan from case PHO‐1‐19‐Z‐165‐06‐7/8.
4. The applicant continues to ignore the community and our proposal of 46 lots at R1‐18 zoning, which is
compatible with the area, and is an executable site plan with conforming stipulations.
5. The applicant has not incorporated the stipulations from case PHO‐1‐19‐Z‐165‐06‐7/8 which they
previously agreed to.
6. The applicant has not incorporated the Laveen Residential Guidelines that have been sanctioned by
Planning Staff and the LVPC.


Page 598
7. The proposed site plan does not work with the elevations and contours of the site.
8. The applicant has not addressed how to treat the escarpment.
9. The applicant has not addressed safety issues for ingress and egress on 35th Avenue.
10. The applicant has not provided adequate open space.
11. The applicant has not provided adequate landscaping buffers.
12. The applicant has failed to recognize or plan for drainage issues and how storm water will be captured
on site.
13. A PUD in general does not provide specific details or requirements of what will be built. This blank
check or “framework of development standards” is inferior to a conventional zoning case and is not in
the best interest of the neighborhood or broader Laveen Village. This special area of Laveen deserves a
far superior and compatible plan than anything this applicant has proposed over the course of a year.

We do not want high density in our neighborhood. We do not want additional traffic that is associated with a dense
housing project. We do not want HOA’s. We do not want perimeter fencing.

We want our voices heard and recognized. We want peace and quiet.

Please support the Hidden Valley residents.

Thank you for this opportunity to express my concerns and I do hope you will take this into consideration when the time
comes to vote.

Sincerely,

Laura A Murphy
4824 W. Estrella Dr.
Laveen, AZ 85339
602‐318‐3442




Laura "Murph" Murphy | Controller
2430 W. Mission Ln., Ste. 1, Phoenix, AZ 85021
lmurphy@acswinc.com P: 480.664.3185 ext 11 C: 602.318.3442

Please visit us at www.acswinc.com [acswinc.com] and www.icsfabs.com
[icsfabs.com]

[facebook.com] [linkedin.com] [instagram.com] [instagram.com]
[instagram.com] [youtube.com] [pinterest.com] [instagram.com].

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distribution, copying, or use of this communication or the information in it is strictly prohibited. If you have received this
communication in error, please notify the sender immediately and then destroy any copies of it.





Page 599
Sofia Mastikhina

From: Benjamin Meyer
Sent: Wednesday, January 6, 2021 8:36 PM
To: Sofia Mastikhina
Subject: PUD Z-60-20-8 Opposition

Follow Up Flag: Follow up
Flag Status: Flagged


1/6/21

Re: For the Record of PUD (Z‐60‐20‐8)

Dear Sirs,

It is not compatible to bring the number of homes to this lot that the applicant has put forth. It will change the feel of
our neighborhood drastically and will decrease our property values. It is not right for our area and we feel very strongly
about this.

This is also a safety issue. The number of cars that will increase because of your high density zoning will only make this
stretch more dangerous.

If you lived on this south side of the quarry, YOU would be fighting to oppose 61 homes that this applicant is proposing
for development AND safety reasons. We oppose this and our neighbors oppose this.

Benjamin Meyer

35th & Carver

Laveen





Page 600
Sofia Mastikhina

From: D in AZ
Sent: Wednesday, January 6, 2021 7:28 PM
To: Sofia Mastikhina
Subject: Quarry/Carver Mtn case PUD Z-60-20-8 for the record

Follow Up Flag: Follow up
Flag Status: Flagged



I'd like to submit my feedback in in opposition of Z-60-20-8 for the record. Thank you.

To Jeremy and Mr. Gilbert,

As a neighbor of this property, I’d like to express my opposition to the high‐density development of Carver
Mountain. This isn’t a typical neighborhood to squeeze in a bunch of homes and put some covering on the rock to make
it feel natural. We get the natural look by looking out our window that doesn’t have a house right next to you. This
south side of Carver isn’t the typical area either. We moved here to be away from the city, where you see horses go up
and down the street, kids can play outside, it’s quiet and dark and the neighbors can keep to themselves when they
want to. Please don’t make this another subdivision that we are forced to pass by like all the others that have destroyed
the look and feel of Laveen. I can guarantee that you will find buyers for homes at an increased cost to have a bit of land
on them. People are paying big money for property because it’s hard to find nowadays

I also oppose this because it will bring in extra cars that belong to 61 houses that need to come into your lot. The curve
around Carver is way too dangerous. It is dangerous now, and no one even lives on this property. It cannot sustain an
increase of cars going in and out and around.

I urge that you side with the neighbors that actually live here and if you can find someone that actually wants this and
lives on this side of the mountain, please have them call me.

Darcy Meyer

35th & Carver





Page 601
Sofia Mastikhina

From: Jane Craig
Sent: Saturday, January 9, 2021 11:31 AM
To: Sofia Mastikhina
Subject: OPPOSE - New PUD case Z-60-20-8


Ms. Sofia Mastikhina,

I respectfully “OPPOSE” the PUD Case Z‐60‐20‐8, due to the following reasons listed below.
Please deny this request.


 The number of lots and the density is still too high
 The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
 This plan is not a reduction in zoning (aka: down‐zoning). It is simply a repackaging of the previous
inferior site plan from case PHO‐1‐19‐Z‐165‐06‐7/8.
 The applicant continues to ignore the community and our proposal of 46 lots at R1‐18 zoning, which is
compatible with the area, and is an executable site plan with conforming stipulations.
 The applicant has not incorporated the stipulations from case PHO‐1‐19‐Z‐165‐06‐7/8 which they
previously agreed to.
 The applicant has not incorporated the Laveen Residential Guidelines that have been sanctioned by
Planning Staff and the LVPC.
 The proposed site plan does not work with the elevations and contours of the site.
 The applicant has not addressed how to treat the escarpment.
 The applicant has not addressed safety issues for ingress and egress on 35th Avenue.
 The applicant has not provided adequate open space.
 The applicant has not provided adequate landscaping buffers.
 The applicant has failed to recognize or plan for drainage issues and how storm water will be captured
on site.
 A PUD in general does not provide specific details or requirements of what will be built. This blank
check or “framework of development standards” is inferior to a conventional zoning case and is not in
the best interest of the neighborhood or broader Laveen Village. This special area of Laveen deserves a
far superior and compatible plan than anything this applicant has proposed over the course of a year.


Respectfully,

Jane Craig
2905 W Ceton Drive
Laveen, AZ 85339‐1744


Sent from Mail [go.microsoft.com] for Windows 10





Page 602
Sofia Mastikhina

From: Bret Burchard
Sent: Tuesday, April 6, 2021 4:29 PM
To: Sofia Mastikhina
Subject: Quarry Case - Agenda Item #5 - PUD Z-60-20-8

Follow Up Flag: Follow up
Flag Status: Flagged



Laveen Village Planning Committee Members,

I ask that you please vote to deny the PUD application Z-60-20-8 that will come before you on
Monday, April 12, and move to support the community proposal of 46 lots and a conventional R1-18
zoning district for the Carver Mountain development.

This PUD case is a repackaging of the PHO case 1-19-Z-165-06-7(8) that you unanimously denied
previously. It is an attempt by the applicant to put lipstick on a pig and present it as a compromise.
But it still stinks and doesn't meet the primary concerns of the community.

The priority for the community is and always has been zoning and density. The applicant likes to
highlight that a PUD is more restrictive than a traditional zoning application and so should be more
attractive for the community, but the stipulations are primarily cosmetic in nature. The density of the
PUD is still incompatible with the surrounding area and the inferred zoning of their 61-lot plan sets an
irreversible precedent for future development.

The applicant also likes to cite the Laveen Southwest Growth Study to show they have listened to the
neighbors' concerns. Again, they cherry picked low hanging fruit that is mostly cosmetic. They fail to
address the part that states, "...the 0-1 designation was placed on properties adjacent to the Carver
Foothills and South Mountain Park. The latter parcels are appropriate for low density development
due to the topography of slopes and washes and the desert vegetation. The majority of the 0-2
property is to serve as a buffer between existing lower density lots and new subdivisions with the
more standard 2-5 du/a.”

Laveen is growing rapidly. That growth is one of the reasons my wife and I moved to this area just
over 2 years ago. We are not opposed to growth and development. We are, however, in favor of
responsible development that also preserves the unique rural lifestyle of this area that hardly exists
anywhere else in the Valley. We moved here looking for a lifestyle you can't find anywhere else.
Please, don't allow this beautiful corner of the Valley to turn into just another Gilbert, Chandler, or
cookie cutter American suburb.

Thank you for your continued support and representation of the community in this case.


Sincerely,

Bret Burchard
11244 S 35th Ave
Laveen, AZ 85339

Page 603
Sofia Mastikhina

From: Donis Canisales
Sent: Tuesday, April 6, 2021 6:36 AM
To: Sofia Mastikhina
Subject: Letter of opposition

Follow Up Flag: Follow up
Flag Status: Flagged


Laveen Village Planning Committee Members,

PUD Z‐60‐20‐8 is a second and separate case at the NWC of 35th Avenue and Carver Road, known as the Quarry/Carver
Mountain. You, this Village, were supportive of the community and early last year were rightly unanimous in your denial
of the PHO version of this case, PHO‐1‐19‐Z‐165‐06‐7(8). Do not let your unanimity or support of the community
wane. Unanimously reject this case and instead recommend approval of the community proposal for 46 lots and a
conventional R1‐18 zoning district.

The applicant likes to use the Laveen Southwest Growth Study in their narrative but fails to include the part stating“ the
0‐1 designation was placed on properties adjacent to the Carver Foothills and South Mountain Park. The latter parcels
are appropriate for low density development due to the topography of slopes and washes and the desert vegetation. The
majority of the 0‐2 property is to serve as a buffer between existing lower density lots and new subdivisions with the
more standard 2‐5 du/a.”

ALL the adjacent and nearby parcels, including the applicant’s 40‐acre site and the community R1‐18 proposal are 0‐2
du/a. Density and zoning are the issues here. Laveen lacks diversity of large lots and this is the area for them! The area
south of Carver Foothills is special and deserves so much better. A few of the many reasons to deny this PUD as filed
are:

 The number of lots and the density is still too high
 The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
 This plan is not a reduction in zoning (aka: down‐zoning). It is simply a repackaging of the previous inferior site
plan from case PHO‐1‐19‐Z‐165‐06‐7/8.
 The applicant continues to ignore the community and our proposal of 46 lots at R1‐18 zoning, which is
compatible with the area, and is an executable site plan with conforming stipulations.
 The proposed conventional flat‐land site plan does not work with the elevations and contours of the site.
 The applicant has not provided adequate open space or landscaping buffers.
 The PUD may look good on paper, but too many things are open‐ended in the application/narrative that states
the applicant MAY vs. SHALL or WILL. The stipulations in the PHO case are more stringent than the PUD.
 A PUD in general does not provide specific details or requirements of what will be built. This blank check or
“framework of development standards” is inferior to a conventional zoning case and is not in the best interest of
the neighborhood or broader Laveen Village. This special area of Laveen deserves a far superior and compatible
plan than anything this applicant has proposed over the course of a year.

This PUD case is no significant improvement over the PHO case. The applicant is running both cases in parallel to mask
the structural and real issues of density and zoning and to “see what sticks”. Please support the community! Again,
deny this case as filed and instead recommend approval of the community proposal for 46 lots and a conventional R1‐18
zoning district.




Page 604
Best regards,

Frank and Donis Canisales, Jr
11020 S 35th Ave Laveen Az 85339

Frank and Esperanza Canisales
11631 S 51st Ave Laveen Az 85339

Francisco, iii and Becca Canisales
9411 S 33rd Ave Laveen Az 86339

Antonio Canisales
2305 w tuckey lane, Phoenix Az 85015

Sent from my iPhone





Page 605
Sofia Mastikhina

From: Steven Dougherty
Sent: Tuesday, April 6, 2021 9:42 AM
To: Sofia Mastikhina
Cc: Steven Dougherty
Subject: Laveen Village Planning Committee Members,

Follow Up Flag: Follow up
Flag Status: Flagged


Laveen Village Planning Committee Members,
PUD Z‐60‐20‐8 is a second and separate case at the NWC of 35th Avenue and Carver Road, known as the Quarry/Carver
Mountain. You, this Village, were supportive of the community and early last year were rightly unanimous in your denial
of the PHO version of this case, PHO‐1‐19‐Z‐165‐06‐7(8). Do not let your unanimity or support of the community
wane. Unanimously reject this case and instead recommend approval of the community proposal for 46 lots and a
conventional R1‐18 zoning district.

The applicant likes to use the Laveen Southwest Growth Study in their narrative but fails to include the part stating“ the
0‐1 designation was placed on properties adjacent to the Carver Foothills and South Mountain Park. The latter parcels
are appropriate for low density development due to the topography of slopes and washes and the desert vegetation. The
majority of the 0‐2 property is to serve as a buffer between existing lower density lots and new subdivisions with the
more standard 2‐5 du/a.”

ALL the adjacent and nearby parcels, including the applicant’s 40‐acre site and the community R1‐18 proposal are 0‐2
du/a. Density and zoning are the issues here. Laveen lacks diversity of large lots and this is the area for them! The area
south of Carver Foothills is special and deserves so much better. A few of the many reasons to deny this PUD as filed
are:

 The number of lots and the density is still too high
 The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
 This plan is not a reduction in zoning (aka: down‐zoning). It is simply a repackaging of the previous inferior site
plan from case PHO‐1‐19‐Z‐165‐06‐7/8.
 The applicant continues to ignore the community and our proposal of 46 lots at R1‐18 zoning, which is
compatible with the area, and is an executable site plan with conforming stipulations.
 The proposed conventional flat‐land site plan does not work with the elevations and contours of the site.
 The applicant has not provided adequate open space or landscaping buffers.
 The PUD may look good on paper, but too many things are open‐ended in the application/narrative that states
the applicant MAY vs. SHALL or WILL. The stipulations in the PHO case are more stringent than the PUD.
 A PUD in general does not provide specific details or requirements of what will be built. This blank check or
“framework of development standards” is inferior to a conventional zoning case and is not in the best interest of
the neighborhood or broader Laveen Village. This special area of Laveen deserves a far superior and compatible
plan than anything this applicant has proposed over the course of a year.

This PUD case is no significant improvement over the PHO case. The applicant is running both cases in parallel to mask
the structural and real issues of density and zoning and to “see what sticks”. Please support the community! Again,
deny this case as filed and instead recommend approval of the community proposal for 46 lots and a conventional R1‐18
zoning district.




Page 606
Sincerely,
Steven Dougherty
11222 S 39th LN
Laveen AZ 85339
Steven@StevenDougherty.com
480‐430‐6130 Cell


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Page 607
Attachment C




Village Planning Committee Meeting Summary
Z-60-20-8
INFORMATION ONLY

Date of VPC Meeting December 14, 2020
Request From R1-8 (Single-Family Residence District) (19.35 acres)
Request To PUD (Planned Unit Development) (19.35 acres)
Proposed Use Planned Unit Development to allow single-family
residential
Location Northwest corner of 35th Avenue and Carver Road

VPC DISCUSSION:

Mr. Paul Gilbert, representative with Beus Gilbert McGroder, introduced the property
owner, Jeremy Hall, and explained that the company has held this property for four
years, and that it had existing entitlements for 99 residential units. The current proposal
of 61 units is a significant compromise from the original approval. The site in questions
is a former sanding gravel quarry and approved for 19 acres of R1-8 zoning and 40
acres of R1-18 zoning. He explained that the proposed PUD will only affect the R1-8
portion of the property. Prior to applying for the PUD zoning, the property owner had
applied for modification of stipulations through the Planning Hearing Officer (PHO)
hearing process, which included the reduction of residential units from 99 units to 63
units in response to community concerns, then a further reduction to 61 units offered by
the applicant. The PHO approved the request with several modifications and additional
stipulations, and the Planning Commission upheld the PHO recommendation. In
October, the City Council continued the request so that the applicant could submit a
request for a PUD, which is why they are here tonight. Mr. Gilbert then presented an
aerial view and zoning map of the property, outlining the surrounding zoning
designations, and claimed that there is much denser zoning in the vicinity than what is
being proposed here. He then provided a comparison between the 1998 Laveen
Southwest Growth Study Land Use Map and the current General Plan Land Use Map,
highlighting how much the land use designations have changed over time, especially
the increased density for the subject property, which is now Residential 3.5 to 5 dwelling
units per acre. The proposed density of this PUD is substantially under what is allowed
by this designation. He then outlined the main elements of the proposed PUD, including
permitted uses, accessory uses, design standards, open space, setbacks, and the
proposal to revegetate the former quarry area so that it blends into the natural desert
environment. He then addressed concerns regarding the safety of the intersection of
35th Avenue and Carver Road, stating that the applicant will be working with the Street


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 608
Transportation Department to develop a design that will improve the safety conditions
there.

Mr. Carlos Ortega asked what the dimensions of the proposed lots will be. Mr. Gilbert
replied that they will primarily be 60 feet by 120 feet, with the flexibility for narrower lots
where needed due to the configuration. Mr. Ortega praised the proposed lot size, as
many recent developments have provided much narrower lots. He then asked what the
average square footage for these homes will be, and what the expected price point will
be. Mr. Jeremy Hall replied that it will depend on how many one-story and two-story
homes will be on the site, but that they can provide a better answer at the next hearing.
The approximate price range will be from the high three-hundred-thousands to the low
four-hundred-thousands.

Ms. Cinthia Estela thanked the applicant for working with the community to
compromise on the proposed density and expressed her excitement for this project.

Ms. Jennifer Rouse asked if there is already a builder for this property. Mr. Gilbert
replied that there is not. He explained that Virtua is the property owner and that they will
be selling the property to a builder once the entitlements are in place. Ms. Rouse then
expressed her concern with the safety of the intersection, as there have been many
accidents there and the addition of more housing will certainly lead to more safety
issues.

Ms. Sharifa Rowe asked if there will be any limitations on the number of two-story
homes allowed on the property, as this is a very scenic area and too many two-story
homes could block the views. Mr. Gilbert explained that the only restriction on two-story
homes is along 35th Avenue. All the other lots are up to the ultimate homebuyer.

Ms. Stephanie Hurd asked what the average square footage of a one-story home and
a two-story home will be. Mr. Hall replied that he would guess that the homes would
range from 800 square feet to 2600 square feet.

Ms. Linda Abegg asked that the applicant stipulate to a minimum 60 feet by 120 feet
lots, or a minimum square footage, so that the builder cannot divide the property into
45-foot-wide lots, which is what is permitted in the R1-8 zoning district. She also asked
if attached single-family homes will be prohibited in their permitted uses list. Mr. Gilbert
replied that yes, all homes permitted in the project must be detached. Ms. Abegg then
emphasized that the stipulations that were crafted for the PHO case should be
incorporated into this development narrative.

Vice Chair Tonya Glass asked if the committee will only be reviewing and commenting
on this case or if there will be a vote at some point. Ms. Sofia Mastikhina explained
that this is a request to rezone to a PUD, which follows a similar process as any other
standard rezoning case, with an additional hearing before the Village Planning
Committee for information only. The applicant will be required to return to the VPC for a
recommendation and a vote before they can move on to Planning Commission. Vice
Chair Glass stated that, in a meeting with the applicant, they had discussed providing a
centralized open space that connects to the mountain, which would also remove a
couple of the houses from the proposal. She asked if any further thought had been
given to that discussion. Mr. Gilbert replied that the applicant had already done enough
by removing 38 houses and providing 26 percent open space on the site.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 609
PUBLIC COMMENT

Ms. Cyd Manning stated that this proposal is a simple repackaging of the
underwhelming proposal that had come previously come through the Planning Hearing
Officer process. She stressed that the applicant is planning to entitle the property and
immediately sell it off, and that they are not interested in investing in the community.
She then pointed out that the zoning classification of R1-8 and the General Plan Land
Use Map designation of Residential 3.5 to 5 dwelling units per acre should have been
reverted back to S-1 zoning and Residential 0 to 1 dwelling units per acre, respectively,
as was stipulated in the original approval letter. The proposed density for this project is
completely incompatible with the surrounding area, and the zoning map that the
applicant presented even showed that the nearest equivalent zoning was some way to
the north, closer to Laveen’s center. She explained that, at the City Council hearing,
Councilmember Garcia had requested that the applicant file for a rezoning to downzone
the property to be more compatible with the community – which this proposal is not.
Further, the community has negotiated at length with the applicant, coming up with an
executable site plan with R1-18 zoning, which is more compatible with the area. The
applicant has not been willing to meet them halfway, and this PUD proposal is inferior to
a conventional zoning case. Further, the stipulations from the PHO case have not been
incorporated into the development narrative, nor have the Laveen residential design
guidelines or any guidelines that take into account the topographical features of the site.
She urged that this proposal be denied.

Mr. Dan Penton asked for clarification on the proposed lot sizes, as the applicant stated
they would be 60 feet by 120 feet, yet the development narrative lists them as 55 feet by
110 feet. He then pointed out that the maximum building height was agreed to be two
stories and 20 feet, yet the narrative lists 30 feet. It had also been agreed that the
development would have 12 of the 26 percent of open space be usable. He then asked
if the developer will be conducting a traffic impact study, as this is an area that will be
highly affected by even a slight increase in residents.

Mr. Phil Hertel expressed his confusion with this presentation, as it was his
understanding that the zoning reversion was still pending. He stated that this matter
should be resolved before moving forward with any new entitlements on the property.
He also stated that the open space should be more evenly distributed throughout the
property.

Ms. Darcy Meyer stated that she and her family live within walking distance of this
property, and that this part of Laveen is very different from the rest of the rapidly
developing areas of Laveen. She stated that all the homes in this area are at least one
acre in size, and very different from the other, more dense subdivisions elsewhere. She
also pointed out that the comparable communities that Mr. Gilbert suggested are in
close vicinity to this site are separated by Carver Mountain, which is a significant
physical barrier. She stated that the applicant has not been willing to meet the
community in the middle and compromise to a development that is agreed upon by
everyone. Further, the applicant has used multiple continuances between hearings to
discourage the public from opposing this, and the City Council has been refusing to act
on the zoning reversion. She stressed that the proposal is incompatible with the
surrounding area and expressed her concern with the increase in traffic at an
intersection that is already very dangerous.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 610
Mr. John Bizdel expressed his concern with this proposal being used as a way to
circumvent the conventional zoning process and blindsight the community, especially
given that it has no discernible benefits to the community.

Mr. Scott Johnson stated that he resides less than a half mile from the site, and that
his back yard view is of the quarry, which is by no means blighted. He stated that this is
the same plan that the committee heard in January, and that the proposal is just a
different path to achieve the same goal. The zoning reversion should have already been
processed in 2011, per the approved stipulations of the case, so Mr. Gilbert’s assertion
that this will be a downzoning from 99 lots to 63 is misleading, as it should be much
lower than that per the zoning reversion. He urged that the committee deny this
application when it comes back for a vote, as it has not changed in any way from when
they denied it in January.

Mr. Tom Kingston agreed with the previous speakers’ comments regarding this
proposal and stated that this property is natural and beautiful, not blighted in any way,
and that he does not understand the urgency to build something there, where it is not
compatible.

Ms. Charla Fogle stated that the proposed lot sizes are not compatible with the area,
and expressed her concern with this development posing potential drainage issues in
an area that is already prone to flooding.

Mr. Mark Fogle expressed his concern with the traffic safety along 35th Avenue and
Carver Road, stressing that no amount of street redesigning will make this stretch of
road safer. Adding a development like this to the area will surely make matters even
worse.

Ms. Lisa Vializ stated that the matter of the zoning reversion must be clarified before
moving forward with this case, and that the proposed zoning is incompatible with the
area. The proposal does not incorporate all of the stipulations that were agreed upon,
and it is simply a different way to try to approve the same plan which the community has
been consistently opposing for 12 months, and their position has not changed. She then
stated that Mr. Gilbert’s presentation was inaccurate, stating that there are no
comparable neighborhoods in the area, and that all of the lots south of the mountain are
acre lots. The proposed lot sizes of 60 feet by 120 feet are incompatible with the
character in this area. She then explained that Councilman Garcia had repeatedly
stated that he would not be supportive of an increase in density here. She urged that
they move forward with the original zoning case and withdraw this PUD, as it is not in
the best interest of the community.

Mr. Ivan Vializ stated his opposition to this proposal, as it undermines all the work that
has been done by the community.

Mr. Gilbert stated that he will formulate responses to some of the more detailed
questions for the next hearing but will provide responses to some of the questions and
comments posed tonight. He explained that the current zoning on the property allows
for 99 lots, and that the current site plan shows those 99 lots. Further, staff has provided
a list of the stipulations from the PHO case to be incorporated into the PUD narrative,
which the applicant is willing to do. Some of the speakers stated that the applicant is not
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willing to meet the community in the middle, but the applicant is reducing the number of
lots from the approved 99 to 61, which is a significant compromise. He then addressed
the comments regarding incompatibility, stating that the proposal is consistent with the
General Plan Land Use Map designation and, in fact, is much lower than the density
allowed by it. The envisioned lot size will be 60 feet by 120 feet, and the reason that the
PUD narrative lists 50 feet by 110 feet is so there is some flexibility for those lots that
will have an irregular configuration. Other comments were made regarding the lack of
benefit to the community, whereas the proposal will be covering up rock scarring from
the gravel mining operation, revegetating the quarry and the trails on the property, and
providing 26 percent open space on the site.

Ms. Rowe asked for clarification regarding the boundaries of the proposal, as Ms.
Manning had alluded to a larger area. She also asked for clarification regarding the
zoning reversion. Ms. Mastikhina explained that the original PHO case included 20
acres of R1-8-zoned property, as well as 60 acres of R1-18-zoned property, which is
immediately to the west of the site. This PUD covers only the 20 acres of R1-8 zoning.
Chairman Branscomb explained that the original case was stipulated to be built within
4 or 5 years of approval and, if nothing had been built by then, the zoning would have to
be reverted back to S-1, as a safeguard for the community.

Vice Chair Glass asked that Ms. Mannin provide the committee with the items that the
community had negotiated with the developer, so that they may review and take into
consideration.

Ms. Hurd stated that it was her understanding that the city cannot process a zoning
reversion. She then asked Ms. Manning what she though about the developer meeting
the community in the middle, as the Planning Commission may decide that the
developer did indeed meet them in the middle and reach a compromise agreed upon by
all. Ms. Manning reiterated that the approved ordinance from the original zoning case
lists the provision for the zoning reversion, which should have been done in 2011 and
continues to be an open action to be resolved by the city. She explained that the
negotiations that have occurred between the community and the developer were done
in good faith with the previous representative from Rose Law Group. The community
was negotiating up from a density of 0 to 1 dwelling units per acre, while the applicant
was negotiating down from their approved 99 lots. She stated that they had reached an
agreement to follow R1-18 standards, which would provide for 80- by 130-foot lots,
which is more compatible with the area and would also be executable by the developer.
Ms. Hurd stressed that she wants to support the community, and also stressed that the
traffic safety matter must be thoroughly addressed.

Ms. Abegg stressed that the commitments made by the developer during the PHO case
should be included in the PUD, and that the committee make sure that the best possible
plan is being moved forward through the process. She pointed out that the PHO case is
still active and asked how the hearing process for this PUD will align with the PHO case,
as it is unusual to have two active entitlement cases on the same property. Ms.
Mastikhina explained that the PHO case has been continued by the City Council until
April, and that the intent of this PUD is to get through the hearing process so that the
the best course of action. Ms. Abegg then asked if the PUD will go on to the Planning
Hearing Officer or Planning Commission after the Village Planning Committee. Ms.
Mastikhina explained that it will first come back to the Village Planning Committee for a
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recommendation and a vote, after which it will move on to Planning Commission and
ultimately City Council.

Ms. Rowe asked if the R1-18 portion of the property is still moving forward, or if it is no
longer being considered as part of the development proposal. Ms. Abegg stated that
the original zoning case included larger lots on the R1-18 portion and small condos on
the R1-8 portion. The R1-18 portion is not being changed, just the area that allows
smaller units. Ms. Rowe asked for future clarification on why the discussion is focused
on the R1-8 portion of the property if the community had negotiated in the R1-18
portion.

Vice Chair Glass requested that staff bring in the Maricopa Department of
Transportation and the Phoenix Street Transportation Department to discuss the traffic
safety issues on 35th Avenue and Carver Road.

Chairman Branscomb urged that the entire committee thoroughly read the proposed
development narrative before this case comes back for a vote, as that is where all of the
development and design standards for this property will be outlined.




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Attachment D




Village Planning Committee Meeting Summary
Z-60-20-8

Date of VPC Meeting April 12, 2020
Request From R1-8 (Single-Family Residence District) (19.35 acres)
Request To PUD (Planned Unit Development) (19.35 acres)
Proposed Use Planned Unit Development to allow single-family
residential
Location Northwest corner of 35th Avenue and Carver Road
VPC Recommendation Approved with additional stipulations
VPC Vote 5-2-1

VPC DISCUSSION & RECOMMENDATION:

Ms. Sofia Mastikhina, staff, provided an overview of the request, including its location,
current zoning and General Plan Land Use Map designation, and surrounding
conditions. She outlined the zoning history of the site, explaining that it had been
rezoned to R1-8 in 2007 as part of a larger rezoning case (Z-165-06-07). The original
stipulated site plan depicted 22 one-acre lots on the R1-18 portion of the site and 99
single-family detached units on the R1-8 portion, which now corresponds to the
boundaries of the proposed PUD. In 2019, a request for modification of stipulations of
entitlement (PHO) was submitted, with a site plan depicting 92 single-family detached
units. After considerable community concerns surfaced, the applicant revised and
submitted a new site plan depicting 63 single-family residential lots. On October 7,
2020, the City Council continued the PHO case for six months to allow the applicant to
pursue a “downzoning” of the site and reduce the maximum permitted density. Ms.
Mastikhina then outlined the development standards, landscape development
standards, and design guidelines in the proposed PUD development narrative. She
presented staff’s findings, recommendation for approval, and the recommended
stipulations of approval, per the staff report. She noted that one additional stipulation is
being proposed by staff to address any potential conflicts between the proposed
development standards within the PUD and the City’s Hillside Ordinance. She explained
that staff is recommending that a statement be added to the development narrative to
clarify that the city’s hillside requirements supersede any of the standards contained
within the development narrative.

Mr. Paul Gilbert, representative with Beus Gilbert McGroder, provided an overview of
the request and history of the site, explaining that the subject site is a former mining
quarry. He listed nearby residential developments that have lot sizes comparable to
what is being proposed in this PUD. He then explained that the current zoning of the

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property is R1-8, and that it’s had this designation since 2007. The maximum density
that is allowed under the zoning designation is 99 units, and the PUD proposes 61.
Combined with the R1-18 site to the west, a total of 121 units are proposed, which
corresponds to a density of 2.05 dwelling units per acre. He pointed to the General Plan
Land Use Map designation of Residential 3.5 to 5 dwelling units per acre, stating that
the proposal is not only consistent with this designation, but is lower. Then, he listed
some of the elements included in the proposed PUD development narrative that have
been directly pulled from the Laveen Southwest Growth Study. He explained that this is
one of the reasons why this PUD is not a simple repackaging of the previous Planning
PHO case, as enhanced standards are being proposed. He also listed the elements that
have been incorporated as requested by members of the Laveen Village Planning
Committee and the community, such as the prohibition of multifamily or single-family
attached products, internal complete streets design enhancements, no two-story homes
along 35th Avenue, enhanced open space areas, and increased setbacks. He added
that the hillside that has been scarred by the mining operation will be restored using
Eonite or Permeon to achieve a natural appearance, and that the applicant’s team is
also working with the Maricopa County Department of Transportation to address the
redesign and street dedications of 35th Avenue and Carver Road. He asked for the
committee’s approval, per the staff recommendation.

Ms. Sharifa Rowe asked why the applicant can’t achieve the unit count of 46 lots that
the community is asking for. Mr. Gilbert replied that they have already decreased the
unit count from 99 to 61 units, and that they can’t go any lower than that. Ms. Rowe
asked if this is because a further reduction in the density would mean the loss of a profit
margin, given the cost to develop this land with all proposed and required
improvements. Mr. Jeremy Hall, the property owner’s representative, explained that the
challenges of developing this site necessitate a minimum number of lots in order to be
financially feasible.

Mr. Robert Branscomb stated that, although the originally approved plan depicted 99
lots, this density would not be able to be achieved as the original case had not included
a slope study, which limits the density that is possible on the site. He explained that the
property owner had conducted a slope analysis and that this is why they had pursued
the PHO with a new plan. He asked why they are not keeping the R1-8 zoning, with the
reduced number of lots per the slope study. Mr. Gilbert explained that one of the
community’s chief concerns was the R1-8 zoning designation on the property and the
precedent it could set for future developments in this area. The second reason is that
the PUD gives the property owner the ability to increase the quality of the design. Mr.
Branscomb then expressed concern with the proposal to plant one tree per one
thousand square feet of open space, as this seems very sparse. Mr. Gilbert explained
that the trees are required to be clustered to provide shade in the active open space
areas, where seating and a tot lot are located. He noted that the PUD also required one
tree per residential lot along the street, which the conceptual landscape plan does not
depict. The large setbacks along 35th Avenue and Carver Road have their own
landscaping standards, which are much more robust than the interior landscaping
requirements. Further, the open space areas along the hillside will be revegetated to
their natural state.

Vice Chair Linda Abegg stated that she had discussed some changes to the PUD
narrative with Mr. Gilbert, which she read into the record and requested confirmation of
the applicant’s agreement to incorporating them into the narrative:
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• That a minimum of three building materials be used on the exterior walls instead
of two, with a minimum of 25 percent non-stucco material;
• That the required trees along 35th Avenue and Carver Road be a minimum of
two-inch caliper, and that at least 40 percent of all trees be minimum three-inch
caliper in size;
• That the minimum side yard setback for individual lots be three feet, with
minimum combined side yard setback of 13 feet. This is to ensure all residences
will be detached.
Mr. Gilbert confirmed that they are agreeable to these changes.

Chair Glass applauded the applicant’s efforts to engage the community and the
superior design standards that have been proposed in this PUD. She then expressed
concern with traffic safety at the intersection of 35th Avenue and Carver Road, as well
as the stormwater drainage from the mountain and through the proposed development,
and its impact on surrounding properties. Further, the split of jurisdictional
responsibilities on the site between the City of Phoenix and Maricopa County poses an
additional challenge when addressing streets and drainage. She explained that the City
of Phoenix had not made any changes to its hillside or grading and drainage
requirements since the floods of 2014 impacted the community. She asked that the
developer inquire further into these matters to ensure that neighboring properties are
not negatively impacted by this development. Mr. Gilbert addressed the traffic safety
concerns, stating that the already existing issues will not be significantly impacted by
the addition of 61 single-family units, as this is very miniscule compared to the existing
traffic. He added that, as part of the development requirements and as stipulated by
staff, the developer will be required to submit a Traffic Impact Report, which will address
any traffic issues. Regarding the stormwater management, the development will also be
required to submit very detailed grading and drainage plans, which the city will review
thoroughly. He also proposed that the project engineer review the city’s standards and,
if he finds them inadequate, the project will propose enhanced drainage mitigation
standards.

PUBLIC COMMENT

Mr. Scott Johnson, president of the Hangar Haciendas Homeowners Association,
expressed his opposition to the project. He explained that their community operates a
private airport that has existed since 1978, and that the flight path of these private
aircrafts is right over the proposed project site, so proper notice of these activities
should be provided to potential buyers. He then urged the committee to deny this
application, as they months ago. In 2011, the city failed to revert the zoning per
Stipulation No. 19, and continues to refuse to do so, even with Councilman Garcia’s and
the community’s support for the reversion. Had the zoning been rightfully reverted, the
maximum number of lots permitted would have been 20, so the proposed 61 units is an
increase of over 300 percent. The community’s proposal of 46 lots, in contrast, is an
increase of 130 perfect, which is a reasonable increase. He again asked that the
committee deny this application and recommend that the zoning be reverted.

Ms. Lisa Vializ stated that this property should have long ago been reverted to its
original S-1 zoning, and that the fact that the property had not been developed in the
timeframe stipulated remains an open issue. She explained that the applicant is still
providing misleading density calculations by including the adjacent R1-18-zoned 40-
acre property to lower their overall proposed density figure. Further, the applicant has
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not been responsive to the community’s and councilmember’s attempts to reach a
reasonable compromise, which is to zone the property as R1-18, with a maximum of 46
lots – a proposal that is supported by Councilman Garcia. She expressed her hope to
work with a developer who will build something that matches the surrounding
community, which has not been the case with this project. She asked that the
committee deny this application, as it will set a very bad precedent for the undeveloped
land in the area.

Mr. Jon Kimoto praised the applicant for incorporating tremendous attributes such as
the upgraded site enhancements for drainage ways, building pads, open space, and the
high quality of the proposed landscaping and high design standards. However, the main
issue is that the designation of Residential 3.5 to 5 dwelling units per acre is not at all
compatible with the approved Land Use Plan in the 1998 Laveen Southwest Growth
Study, which designated all existing low density neighborhoods between the Carver
Mountains and South Mountain as Residential 0-1 dwelling units per acre. He stressed
that the preservation of the desert landscape and the agrarian environment is of utmost
importance. He then presented an exhibit showing the proposed site plan and the
community designed site plan, which depicts 46 lots. He stated that the PUD site plan is
not much different from what was approved by the Planning Hearing Officer and thus is
not an improvement on the old plan. The community’s plan provides a better layout
which considers the unique contours of the site and provides a better landscape buffer
for the property to the south. He also suggested that final site plan, building elevations,
landscape plan, perimeter walls and fences plan, lighting plan, and sign plan be
required to come back to the committee for review approval prior to final City of Phoenix
approval.

Ms. Cyd Manning stated that she has been a resident of the community for twenty-one
years, and that she has led the community fight against development on this property
since the original rezoning case in 2007. She reminded the committee of the
overwhelming community opposition to the PHO case and presented a photo of the
January 2020 Laveen Village Planning Committee meeting, which was attended by over
140 members of the public. She also presented a photo of community members
gathered at the project site to protest the development. These exhibits were shown to
illustrate the community’s strong opposition to a proposal that is entirely incompatible
with the surrounding area. She presented an exhibit depicting the General Plan Land
Use Map, pointing out that a large swathe of land, from around the Carver Mountains,
down to South Mountain Preserve, and stretching east to 27th Avenue, is designated
Residential 0 to 1 dwelling units per acre. She explained that the only reason the quarry
site has Residential 3.5 to 5 dwelling units per acre is because of a former
Councilmember that refused to support the community when voting on the 2007
Rezoning and General Plan Amendment case. Per the stipulations of this case, the
zoning of the property should have been reverted to S-1, and the General Plan Land
Use Map designation also reverted to reflect this density restriction. However, the city
has not enforced its own ordinance requirements. Ms. Manning moved on to address
the current proposal, stating that the plan has not changed substantially from the
previous case, and that it still fails to address the core issue of zoning and density. She
explained that Laveen lacks diversity in large lots, and that this is the area where they
exist. She presented a zoning map of the area and pointed out that all adjacent
properties, including the subject site, are between zero to two dwelling units per acre,
which is why the community is specifically asking for 46 lots, as it corresponds to the
highest end of the R1-18 district. She pointed out that the applicant is running both the
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PHO and the PUD cases concurrently, and that the latter serves to mask the real issue
of density by providing some additional elements such as trees, side-entry garages and
a community garden. However, the same elements can be included as stipulations to an
R1-18 zoning entitlement. She then pointed out that the proposed site plan assumes a
flat site, when in fact there is a lot of topography there and the applicant’s proposed
layout does not work with the hillside contours. She further stated that the applicant
points to the Laveen Southwest Growth Study to bolster their argument for approval, yet
this study clearly stated that the 0 to 1 dwelling units per acre designation was placed
on properties adjacent to the Carver Foothills and South Mountain park, and that this
area is appropriate for low density development due to the topography of slopes and
washes. The R1-18 zoning is supposed to act as a buffer between this low-density area
and the higher density developments to the north. She reiterated that this PUD is
equivalent to R1-8 zoning, which is incompatible with the area, and urged that the
committee recommend approval of the community proposal of 46 lots. Chair Glass
asked if the community is standing firm on 46 lots, or if they would be willing to consider
adding a few lots. Ms. Manning stated that they are firm on 46 lots, that this is the
highest possible density allowed under R1-18 zoning, and that this number is extremely
important to them.

Mr. Dan Penton stated that people are drawn to Laveen by the sunshine, cultural
heritage, climactic diversity, open space, and unique geographic features that provide
access to recreational opportunities in the desert mountain landscape. He explained the
many features in Arizona which have contributed to rapid population growth and
explosive sprawl of the built environment, which creates issues such as traffic
congestion, pollution, and reduction of the state’s natural beauty. The rapid influx of new
residents contributes to higher housing costs, increased consumption of potable water
and energy resources, as well as environmental impacts such as urban heat island
effect, diminished air quality, fragmentation of the natural habitat, loss of streams and
river beds, loss of grasslands, and the introduction of invasive species. Although there
have been mixed successes of growth, this type of growth has become unsustainable.
The Laveen Southwest Growth Study states that the bulk of 0 to 1 dwelling units per
acre development should be south of Dobbins Road, especially around the Carver
Foothills. He asked the applicant to demonstrate how the proposed R1-8 plan will be an
asset to the community and will not contribute to the deterioration of the area. He also
asked why they have consistently avoided the R1-18 plan, when that is the zoning that
is widely present in the surrounding area. Mr. Penton agreed that this plan has gone
through a lot of changes through the public hearing processes, but stated that the layout
has remained the same and lacks a sense of vision and thoughtful design, it does not
incorporate the agricultural heritage of the area, and is not consistent with a sustainable
development that would be expected in this environmentally sensitive area. He stated
that the development can be achieved in a more sustainable manner, per Ms.
Manning’s and the community’s suggested plan.

Mr. Phil Hertel expressed his concern with the two entitlement cases, the PHO and the
PUD, being heard separately, as this creates the chance that something will get
overlooked and one of the plans will get approved. He asked that the committee
continue this case instead of denying it to allow for further community engagement on
the matter.

Ms. Irma Cazarez stated that she has been a resident on Laveen for over fifteen years
and has lived south of the subject site since 2008. She explained that what drew her
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and her family to the area was the open space, low density, and its true connection to
nature. The proposed development is completely incompatible for the area, and if it
were to get approved, it would remove the area’s true character. She urged the
committee to deny this case and approved the plan of 46 lots that is being proposed by
the community.

Ms. Regina Abbott agreed with the comments made by all other community members
in that this proposal is not compatible with the area. She stated that she and her family
moved to the area to be close to nature, enjoy the wide-open spaces and the rural
character of Laveen. The community proposal of 46 lots would be preferable, and the
PUD as proposed would likely bring more of the same type of development, which
would eliminate the country feel.

Ms. Darcy Meyer explained that this is a very quiet area which provides a safe escape
from the city. This proposal would drastically change the look and feel of this side of the
Carver Mountains. She explained that there are two sides to this: those who will profit
from it, and the community that is opposed to it. The former will collect their check and
the latter will have to live with it. She urged the committee to preserve and protect this
community.

Mr. Gilbert stated that this site is already zoned for a maximum of 99 units, and that the
reversion stipulation has been in place for many years, but the city is not going to act on
it. He further explained that the General Plan allows the proposed density, and that the
project provides high quality design. He reiterated that the site has already been zoned,
so the community’s argument that they have compromised from the S-1 zoning up to 46
lots is incorrect, as it is not a compromise. The property owner would be able to develop
an R1-18 development without the entitlement change. The property owner has
compromised, bringing the unit count down from 99 to 61 units, as well as complied with
several of the committee’s and community’s requests and stipulations. He then
explained that the Land Use Plan in the Laveen Southwest Growth Study preceded the
Phoenix General Plan, so it is outdated, and the current General Plan applies to the
site. He noted staff’s recommendation for approval and asked the committee to also
provide a recommendation for approval.

MOTION

Vice Chair Abegg agreed with the community’s comments and stated that this area of
Laveen is indeed very special and unique, and that the zoning is not compatible with
what is in the area. She stated that the current entitlement does allow more density, but
that the rezoning case had the stipulation for the zoning reversion back to low density.
Although the applicant has agreed to many of the community’s requests, the issue of
the density incompatibility remains. She made a motion to approve the request, with the
additional staff recommended stipulations, as well as the following stipulations for
changes in the PUD narrative:
• Each home will include two alternative building materials in addition to the
primary building material for architectural elevations, plus garage enhancements
such as window panels, color, added materials surrounding door, and trellises;
• The primary building material shall not exceed 75 percent of all front and
exposed side elevations and street facing elevations;
• Trees along the arterial roads, Carver Road and 35th Avenue, will have a
minimum tree size of two-inch caliper, and a minimum of 40 percent of all trees
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must be minimum three-inch caliper;
• Minimum 3-foot side yard setback for individual lots, with a combined setback for
13 feet for both sides;
• A maximum of 46 residential units;
• A minimum lot size of 8,700 square feet.
Chair Glass seconded and asked to amend the motion to include the requirement for
an enhanced drainage survey and hillside review that goes above and beyond the city
requirements. Vice Chair Abegg accepted the amendment.

Ms. Stephanie Hurd made a competing motion to the deny the case as filed. Ms.
Jennifer Rouse seconded the motion.

Chair Glass stated that this is a very emotional and contentious project and that,
although the committee cannot vote to approve an R1-18 zoning district, they can try to
enhance and incorporate as much of the community’s desires as they can as this
project moves forward. She explained that the committee is very cognizant of the
importance of this project, as it has gone on for several years, and expressed her fear
that if they do not move forward with creating a very dynamic narrative that will also
include the community’s preferred maximum lot count, the community’s fight against this
proposal may be even harder. She further explained that a recommendation with these
changes is merely a mechanism for the committee to ensure that the community is
heard, and urged the members of the public present to continue to be outspoken
through the remainder of the process so that Planning Commissioners and City
Councilmembers know how passionate they are about this.

VOTE TO DENY
2-5-1: Motion fails with committee members Hurd and Rouse in favor, committee
members Branscomb, Estela, Flunoy, Abegg and Glass opposed, and committee
member Rowe abstaining.

VOTE TO APPROVE WITH ADDITIONAL STIPULATIONS
5-2-1: Motion passes with committee members Glass, Abegg, Branscomb, Estela and
Flunoy in favor, committee members Hurd and Rouse opposed, and committee member
Rowe abstaining.

STIPULATIONS

1. An updated Development Narrative for the Carver Canyon 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 April 5, 2021, as modified by the following stipulations:

a. Front cover: Revise the submittal date information on the bottom to add the
following: Hearing draft submittal: April 5, 2021; City Council adopted: [Add
adoption date].

b. Page 8, Delete “Churches/Places of Worship (pursuant to the restrictions of
Section 608.E.1 of the Phoenix Zoning Ordinance; including, Pocket Shelters
shall not be permitted)” from the Prohibited Uses list.

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C. PAGE 11, HILLSIDE TREATMENT: INCLUDE THE FOLLOWING
STATEMENT AT THE BOTTOM OF THIS SECTION: “THIS PUD IS
SUBJECT TO ALL CITY OF PHOENIX HILLSIDE DEVELOPMENT
STANDARDS, INCLUDING BUT NOT LIMITED TO DENSITY
RESTRICTIONS, WHICH MAY REQUIRE DEVIATIONS FROM THE
INCLUDED EXHIBITS THAT HAVE NOT BEEN REVIEWED FOR HILLSIDE
COMPLIANCE. ALL HILLSIDE STANDARDS AND REQUIREMENTS
SHALL OVERRIDE ALL ZONING STANDARDS, INCLUDING CONFLICTS
WITH ANY OF THE PUD STANDARDS INCLUDED WITHIN.”

D. PAGE 8, DEVELOPMENT STANDARDS TABLE: MODIFY MAXIMUM
NUMBER OF LOTS TO 46 LOTS TOTAL.

E. PAGE 8: DEVELOPMENT STANDARDS TABLE: MODIFY INDIVIDUAL
LOT DIMENSIONS TO REFLECT A MINIMUM LOT SIZE OF 8,700
SQUARE FEET.

F. PAGE 9, DEVELOPMENT STANDARDS TABLE: MODIFY MINIMUM
INDIVIDUAL LOT SETBACKS FOR SIDE YARD AS FOLLOWS: “3-FOOT
MINIMUM, 13 FEET COMBINED MINIMUM”

G. PAGE 12, LANDSCAPE STANDARDS TABLE, ARTERIAL ROAD
PLANTINGS: MODIFY ITEM NO “3” TO REQUIRE THAT ALL TREES
SHALL BE MINIMUM 2-INCH CALIPER, AND A MINIMUM OF 40
PERCENT OF ALL TREES SHALL BE MINIMUM 3-INCH CALIPER.”

H. PAGE 14, EXTERIOR WALLS: MODIFY FIRST BULLET SO THAT EACH
HOME SHALL INCLUDE TWO ALTERNATIVE BUILDING MATERIALS IN
ADDITION TO THE PRIMARY BUILDING MATERIAL ON ALL
ARCHITECTURAL ELEVATIONS, PLUS GARAGE ENHANCEMENTS
SUCH AS WINDOW PANELS, COLOR, ADDED MATERIALS
SURROUNDING DOOR, AND TRELLISES; AND THAT THE PRIMARY
BUILDING MATERIAL SHALL NOT EXCEED 75 PERCENT OF ALL FRONT
AND EXPOSED SIDE ELEVATIONS AND STREET FACING ELEVATIONS;

2. Carver Road and 35th Avenue are under MCDOT jurisdiction, the applicant shall
submit verification of MCDOT approval for improvements prior to preliminary site
plan approval.

3. The developer shall dedicate minimum 55-feet of right-of-way for the west half of
35th Avenue, as approved by the Planning and Development Department

4. The developer shall dedicate minimum 40-feet of right-of-way for the north half of
Carver Road, as approved by the Planning and Development Department.

5. The developer shall dedicate additional right-of-way and provide improvements to
the 35th Avenue and Carver Road intersection as per geometric design approved
by the Maricopa Department of Transportation. Provide approved design and
verification of approval to the City of Phoenix, Street Transportation Department
prior to preliminary submittal. The design will need to provide access to 35th
Avenue south of Carver Road.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 621
6. The applicant shall submit a Traffic Impact Study to the City for this development.
No preliminary approval of plans shall be granted until the study is reviewed and
approved by the City. Contact the Street Transportation Department to set up a
meeting to discuss the requirements of the study. Upon completion of the TIS the
developer shall submit the completed TIS to the Planning and Development
Department counter with instruction to forward the study to the Street
Transportation Department, Development Coordination Section.

7. The applicant shall complete and submit the Developer Project Information Form for
the Maricopa Association of Governments Transportation Improvement Program.
This form is a requirement of the Environmental Protection Agency to meet clean
air quality requirements.
8. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA accessibility
standards.

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

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

11. 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.

12. 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.

13. 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.

14. Prior to final site plan approval, the property owner shall record documents that
disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active aviation uses in the
Hangar Haciendas Units One, Two, and Three subdivisions located approximately
2,300 feet to the east of the subject property in Maricopa County. 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.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 622
15. Prior to final site plan approval, the property owner shall record documents that
disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active agricultural uses and
non-domesticated animal keeping. The form and content of such documents shall
be according to the templates and instructions provided, which have been reviewed
and approved by the City Attorney

16. THE DEVELOPER SHALL COMPLETE AN ENHANCED DRAINAGE SURVEY
AND HILLSIDE REVIEW THAT GOES ABOVE AND BEYOND THE CITY
REQUIREMENTS.

STAFF COMMENTS REGARDING VPC RECOMMENDED STIPULATIONS

Staff is not supportive of Stipulation No. 16, which was recommended by the Laveen
Village Planning Committee. Grading and drainage requirements are a very technical
matter that go beyond the scope of an entitlement case and should be analyzed during
the Plan Review process once engineering documents for a specific development have

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
require the developer to submit a hydraulic/hydrologic analysis of offsite storm water
flows for verification of required infrastructure in regard to lot space and density. Staff
believes this is sufficient to address the committee’s concerns.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 623
Attachment E


REPORT OF PLANNING COMMISSION ACTION
May 6, 2021

ITEM NO: 16
DISTRICT NO.: 8
SUBJECT:

Application #: Z-60-20-8 (Carver Canyon PUD)
Location: Northwest corner of 35th Avenue and Carver Road
From: R1-8
To: PUD
Acreage: 19.35
Proposal: Planned Unit Development to allow single-family residential
Applicant: Virtua 35th, LLC
Owner: Virtua 35th, LLC
Representative: Paul E Gilbert, Beus Gilbert, McGroder

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Laveen 12/14/2020 Information only.
Laveen 4/12/2021 Approval, per the staff recommendation with additional stipulations.
Vote: 5-2 (1 abstained).

Planning Commission Recommendation: Approval, per the Laveen Village Planning
Committee recommendation, with modified stipulations.

Motion Discussion: Commissioner Busching made a MOTION to approve Z-60-20-8, per
the Laveen Village Planning Committee recommendation with a modification to
Stipulation No. 16 to add “as approved by the Planning and Development Department”
and a modification to Stipulation No. 1.f. to modify the side yard setbacks to a minimum
combined setback of 13 feet with a minimum of six feet, instead of three feet.

Commissioner Perez made a second to the motion and asked if Commissioner Busching
would accept a friendly AMENDMENT to the motion to require that the site plan go back
to the Laveen Village Planning Committee prior to final site plan approval for review and
comment. Commissioner Busching accepted the amendment. Commissioner Perez
made a second to the amended motion. There was discussion about the amendment.
Commissioner Johnson explained that he did not support the amendment and discussed
modifying the number of lots. Commissioner Busching reconsidered the amendment.
Chairperson Shank also expressed that she did not agree with the amendment and
would be open to modifying the number of lots. Commissioner Perez stated that she
would be happy to withdraw her amendment. Commissioner Busching also agreed with
WITHDRAWING THE AMENDMENT to the motion.

There was discussion about the potential for the property to develop with 99 lots under
the current zoning entitlement. Ms. Racelle Escolar (staff) explained that it is possible for




Page 624
the applicant to withdraw this rezoning request and use the current zoning. However,
she explained that there are several stipulations related to the current zoning that may
not work for the development, in particular there is a time stipulation that would have to
be addressed.

Chairperson Shank asked for a vote. The motion failed with a 3 to 6 vote (Gaynor,
Gorraiz, Johnson, Mangum, McCabe, Shank).

Commissioner Johnson made a MOTION to approve Z-60-20-8, per the Laveen Village
Planning Committee recommendation with a modification to Stipulation No. 16 to add “as
approved by the Planning and Development Department”, a modification to Stipulation
No. 1.f. to modify the side yard setbacks to a minimum combined setback of 13 feet with
a minimum of six feet, and a modification to 56 units. Commissioner Gorraiz made a
second to the motion.

Motion details: Approval, per the Laveen Village Planning Committee recommendation
with a modification to Stipulation No. 16 to add “as approved by the Planning and
Development Department”, a modification to Stipulation No. 1.f. to modify the side yard
setbacks to a minimum combined setback of 13 feet with a minimum of six feet, and a
modification to Stipulation No. 1.d. to change the number of lots from 46 to 56.

Maker: Johnson
Second: Gorraiz
Vote: 5-4 (Busching, Perez, Howard, Shank)
Absent: None
Opposition Present: Yes

Findings:

1. The proposed PUD is consistent with the General Plan Land Use Map
designation of 3.5 to 5 dwelling units per acre.

2. The maximum permitted density within this proposal is significantly less than
what is permitted by right under the site’s current zoning designation.

3. The proposal effectively solidifies the development standards that were
developed as a collaboration between the applicant and members of the
community over a year-long PHO process.

Stipulations:

1. An updated Development Narrative for the Carver Canyon 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 April 5, 2021, as modified by the following stipulations:

a. Front cover: Revise the submittal date information on the bottom to add the
following: Hearing draft submittal: April 5, 2021; City Council adopted: [Add
adoption date].




Page 625
b. Page 8, Delete “Churches/Places of Worship (pursuant to the restrictions of
Section 608.E.1 of the Phoenix Zoning Ordinance; including, Pocket
Shelters shall not be permitted)” from the Prohibited Uses list.

C. PAGE 11, HILLSIDE TREATMENT: INCLUDE THE FOLLOWING
STATEMENT AT THE BOTTOM OF THIS SECTION: “THIS PUD IS
SUBJECT TO ALL CITY OF PHOENIX HILLSIDE DEVELOPMENT
STANDARDS, INCLUDING BUT NOT LIMITED TO DENSITY
RESTRICTIONS, WHICH MAY REQUIRE DEVIATIONS FROM THE
INCLUDED EXHIBITS THAT HAVE NOT BEEN REVIEWED FOR
HILLSIDE COMPLIANCE. ALL HILLSIDE STANDARDS AND
REQUIREMENTS SHALL OVERRIDE ALL ZONING STANDARDS,
INCLUDING CONFLICTS WITH ANY OF THE PUD STANDARDS
INCLUDED WITHIN.”

D. PAGE 8, DEVELOPMENT STANDARDS TABLE: MODIFY MAXIMUM
NUMBER OF LOTS TO 46 56 LOTS TOTAL.

E. PAGE 8: DEVELOPMENT STANDARDS TABLE: MODIFY INDIVIDUAL
LOT DIMENSIONS TO REFLECT A MINIMUM LOT SIZE OF 8,700
SQUARE FEET.

F. PAGE 9, DEVELOPMENT STANDARDS TABLE: MODIFY MINIMUM
INDIVIDUAL LOT SETBACKS FOR SIDE YARD AS FOLLOWS: “3-FOOT
6-FOOT MINIMUM, 13 FEET COMBINED MINIMUM”.

G. PAGE 12, LANDSCAPE STANDARDS TABLE, ARTERIAL ROAD
PLANTINGS: MODIFY ITEM NO. 3 TO REQUIRE THAT ALL TREES
SHALL BE MINIMUM 2-INCH CALIPER, AND A MINIMUM OF 40
PERCENT OF ALL TREES SHALL BE MINIMUM 3-INCH CALIPER.

H. PAGE 14, EXTERIOR WALLS: MODIFY FIRST BULLET SO THAT EACH
HOME SHALL INCLUDE TWO ALTERNATIVE BUILDING MATERIALS IN
ADDITION TO THE PRIMARY BUILDING MATERIAL ON ALL
ARCHITECTURAL ELEVATIONS, PLUS GARAGE ENHANCEMENTS
SUCH AS WINDOW PANELS, COLOR, ADDED MATERIALS
SURROUNDING DOOR, AND TRELLISES; AND THAT THE PRIMARY
BUILDING MATERIAL SHALL NOT EXCEED 75 PERCENT OF ALL
FRONT AND EXPOSED SIDE ELEVATIONS AND STREET FACING
ELEVATIONS.

2. Carver Road and 35th Avenue are under MCDOT jurisdiction, the applicant shall
submit verification of MCDOT approval for improvements prior to preliminary site
plan approval.

3. The developer shall dedicate minimum 55-feet of right-of-way for the west half of
35th Avenue, as approved by the Planning and Development Department.

4. The developer shall dedicate minimum 40-feet of right-of-way for the north half of
Carver Road, as approved by the Planning and Development Department.




Page 626
5. The developer shall dedicate additional right-of-way and provide improvements to
the 35th Avenue and Carver Road intersection as per geometric design approved
by the Maricopa Department of Transportation. Provide approved design and
verification of approval to the City of Phoenix, Street Transportation Department
prior to preliminary submittal. The design will need to provide access to 35th
Avenue south of Carver Road.

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

7. The applicant shall complete and submit the Developer Project Information Form
for the Maricopa Association of Governments Transportation Improvement
Program. This form is a requirement of the Environmental Protection Agency to
meet clean air quality requirements.

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

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

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

11. 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.

12. 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.

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




Page 627
14. Prior to final site plan approval, the property owner shall record documents that
disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active aviation uses in the
Hangar Haciendas Units One, Two, and Three subdivisions located approximately
2,300 feet to the east of the subject property in Maricopa County. 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.

15. Prior to final site plan approval, the property owner shall record documents that
disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active agricultural uses
and non-domesticated animal keeping. The form and content of such documents
shall be according to the templates and instructions provided, which have been
reviewed and approved by the City Attorney.

16. THE DEVELOPER SHALL COMPLETE AN ENHANCED DRAINAGE SURVEY
AND HILLSIDE REVIEW THAT GOES ABOVE AND BEYOND THE CITY
REQUIREMENTS, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

This publication can be made available in alternate format upon request. Please contact
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 628
Attachment F

CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON: 6/2/2021

APPLICATION NO/ Z-60-20-8 (Carver (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Canyon PUD) opposition x applicant
Northwest corner of
35th Avenue and
Carver Road

Phoenix, AZ 85013 PC 5/6/2021 8921 South 53rd Drive
Laveen, AZ 85339

PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC 6/2/2021 Lisa Vializ
HEARING 602-741-5722
Lisa.vializ@honeywell.com

CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

The Laveen Village Planning Committee (LVPC) recommendation is compatible land use. It
was clear that Planning Commission was ready to support the LVPC recommendation but
received inaccurate and incomplete information from staff on the number of lots that can be
built.

The 56-lot recommendation from Planning Commission is at R1-10 and is incompatible land
use and sets a very, very bad precedent at R1-10 for the area of S-1/RE-43/R1-18.

RECEIVED BY: Jazmine Braswell RECEIVED ON: 5/11/2021

Alan Stephenson Danielle Jordan
Joshua Bednarek Ra’Desha Williams
Tricia Gomes Village Planner
Racelle Escolar Samantha Keating
Stephanie Vasquez Paul M. Li
Leah Swanton GIS
Vikki Cipolla-Murillo Applicant




Page 629
Page 630
CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON: 6/2/2021

APPLICATION NO/ Z-60-20-8 (Carver (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Canyon PUD) opposition x applicant
Northwest corner of
35th Avenue and
Carver Road

Phoenix, AZ 85013 PC 5/6/2021 3220 West Ceton Drive
Laveen, Arizona 85339

PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC 6/2/2021 Cyd Manning
HEARING 480-747-0769
Sweetbeat@q.com

CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

The Laveen Village Planning Committee (LVPC) recommendation is compatible land use. It
was clear that Planning Commission would have supported the LVPC recommendation as is
had they received complete and accurate information from staff. The Planning Commission’s
56-lot recommendation is not compatible land use.

RECEIVED BY: Jazmine Braswell RECEIVED ON: 5/11/2021


Alan Stephenson Danielle Jordan
Joshua Bednarek Ra’Desha Williams
Tricia Gomes Village Planner
Racelle Escolar Samantha Keating
Stephanie Vasquez Paul M. Li
Leah Swanton GIS
Vikki Cipolla-Murillo Applicant




Page 631
Page 632
Attachment G
Sofia Mastikhina

From: Brent Bialik
Sent: Monday, April 26, 2021 2:56 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

V/R

Brent





Page 633
Racelle Escolar

From: rmp5s
Sent: Monday, April 26, 2021 2:57 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

‐‐Brent




Page1 634
Racelle Escolar

From: Donis Canisales
Sent: Monday, April 26, 2021 3:18 PM
To: Racelle Escolar
Subject: Case pud z-60-20-8




Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Donis and Frank Canisales, Jr
11020 S 35th Ave
Laveen, Az. 85339

Esperanza and Frank Canisales
11631 S 51st Ave
Laveen, Az 85339

Francisco and Becca Canisales iii
9411 S 33rd Ave
Laveen Az. 85339

Antonio Canisales
2305 w Tuckey lane
Phoenix, Az. 85015
Sent from my iPhone




Page1 635
Racelle Escolar

From: Cyd Manning
Sent: Monday, April 26, 2021 3:56 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC Recommendation

Importance: High



Good afternoon Racelle and Sofia,

Please ensure my below letter is provided to all Planning Commissioners and also included in the subject case file. I
would also appreciate letting me know when the May 6 agenda will be posted and when the Commissioners will receive
their packets for that meeting. Thank you.

Best regards,
Cyd Manning

****
Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Cyd Manning
sweetbeat@q.com
480‐747‐0769
3220 W. Ceton Drive




Page1 636
Racelle Escolar

From: Vializ, Lisa
Sent: Monday, April 26, 2021 4:12 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation

Importance: High



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of both
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), with a minimum lot size of 8700 sq. ft. which results in compatible land use and is equivalent to R1‐18
density, along with enhanced building architecture and landscaping standards stipulations. Again..a far superior plan to
that of the PHO Case. Important to note is that Councilmember Garcia has supported the community with a 46‐lot, R1‐
18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

I have lived in Arizona since 1979, where I spent approximately the first 20 years in Glendale, then a handful of years up
in Anthem, before a friend told me about Laveen. I work at Honeywell by the airport and drove over after work one day
in 2005 and couldn’t believe this hidden gem. Close to downtown, right up against South Mountain, cotton fields and
dairy’s, still had that wonderful rural feel with wide open spaces…beautiful! I told my husband all about it and we came
back out together a few days later and the rest is history. We have lived out here ever since! Since that time we have
also purchased 3 acres of land to build a custom home. Folks are drawn to Laveen for the breathing room…Laveen has a
General Plan for a reason..let’s stick to the Plan and not get wrapped up in politics or pressure from
investors/developers.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Lisa Vializ
8921 S. 53rd Dr.
Laveen, AZ 85339

AND

3200 W Ceton Dr.
Laveen, AZ 85339




Page1 637
Racelle Escolar

From: Robert Chappell
Sent: Monday, April 26, 2021 4:48 PM
To: Sofia Mastikhina; Racelle Escolar
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,




Robert Chappell

4707 W Maldonado Rd,

Laveen, AZ 85339




Page1 638
Racelle Escolar

From: Sarah VanSchyndel
Sent: Monday, April 26, 2021 5:13 PM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for 5/6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.


Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,
Sarah Johns
3913 W Carver Rd, Laveen Village, AZ 85339




Page1 639
Racelle Escolar

From: brian hicks
Sent: Tuesday, April 27, 2021 3:50 PM
To: Sofia Mastikhina; Racelle Escolar; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen
known as the Quarry. You heard the PHO version of this case mid-last year and the outpouring of
community opposition to high density and incompatible land use in this area. Councilmember Garcia
led the City Council in a continuance of the PHO case at the October 2020 City Council meeting and
requested the applicant process a “down-zoning”. Since that time, the applicant has pursued the
subject PUD case that you will hear on May 6. The LVPC and community provided input throughout
the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC
resolved the structural issues of density and zoning, and made this a much better development than
the PHO case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth
by the community, as opposed to the high density plan the applicant presented), minimum lot size of
8700 sq. ft., enhanced building architecture and landscaping standards stipulations that result in
compatible land use and is equivalent to R1-18 density. Councilmember Garcia has supported the
community with a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of
the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,



Brian Hicks

4715 W Carver Rd, Laveen 85339



Attachments area




Page1 640
Racelle Escolar

From: Jonathan Clauss
Sent: Tuesday, April 27, 2021 9:56 PM
To: Racelle Escolar; Sofia Mastikhina; CCcouncil.district.7@phoenix.gov
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the Quarry.
You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high density and
incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at the
October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time, the applicant
has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input throughout the
PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case. Thank you for your time
and attention.

Sincerely,

Jonathan and Kandy Clauss
7345 W Desert Ln
Laveen AZ




Page1 641
Sofia Mastikhina

From: Jonathan Clauss
Sent: Tuesday, April 27, 2021 9:56 PM
To: Racelle Escolar; Sofia Mastikhina; CCcouncil.district.7@phoenix.gov
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as
the Quarry. You heard the PHO version of this case mid-last year and the outpouring of community opposition
to high density and incompatible land use in this area. Councilmember Garcia led the City Council in a
continuance of the PHO case at the October 2020 City Council meeting and requested the applicant process a
“down-zoning”. Since that time, the applicant has pursued the subject PUD case that you will hear on May 6.
The LVPC and community provided input throughout the PUD process and during the April 12, 2021 LVPC
meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval
of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural
issues of density and zoning, and made this a much better development than the PHO case. Their vote
approved a maximum of 46 lots total (which conforms to the plan put forth by the community, as opposed to
the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building architecture
and landscaping standards stipulations that result in compatible land use and is equivalent to R1-18 density.
Councilmember Garcia has supported the community with a 46-lot, R1-18 plan throughout the PHO case last
year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case. Thank you
for your time and attention.

Sincerely,

Jonathan and Kandy Clauss
7345 W Desert Ln
Laveen AZ





Page 642
Racelle Escolar

From: Karen Allen
Sent: Tuesday, April 27, 2021 8:36 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC; Council District 7 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the Quarry.
You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high density and
incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at the
October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time, the applicant
has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input throughout the
PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,



Karen Allen

2617 W Piedmont Rd
Phoenix, AZ 85041




Page1 643
Racelle Escolar

From: Brian & Karie
Sent: Tuesday, April 27, 2021 3:52 PM
To: Sofia Mastikhina; Racelle Escolar; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen
known as the Quarry. You heard the PHO version of this case mid-last year and the outpouring of
community opposition to high density and incompatible land use in this area. Councilmember Garcia
led the City Council in a continuance of the PHO case at the October 2020 City Council meeting and
requested the applicant process a “down-zoning”. Since that time, the applicant has pursued the
subject PUD case that you will hear on May 6. The LVPC and community provided input throughout
the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC
resolved the structural issues of density and zoning, and made this a much better development than
the PHO case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth
by the community, as opposed to the high density plan the applicant presented), minimum lot size of
8700 sq. ft., enhanced building architecture and landscaping standards stipulations that result in
compatible land use and is equivalent to R1-18 density. Councilmember Garcia has supported the
community with a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of
the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,



Karie Hicks

4715 W Carver Rd, Laveen 85339

Attachments




Page1 644
Racelle Escolar

From: Patricia Saya
Sent: Tuesday, April 27, 2021 12:06 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation


Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation




Planning Commission Members,




The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid-last year and the outpouring of community opposition to high density
and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at
the October 2020 City Council meeting and requested the applicant process a “down-zoning”. Since that time, the
applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.




I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the April
12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density and
zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots total
(which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1-18 density. Councilmember Garcia has supported the community
with a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,




Patricia Saya and William Orr

9607 S. 35th Avenue
Laveen AZ 85339




Page1 645
Racelle Escolar

From: Scott Trainor
Sent: Tuesday, April 27, 2021 7:54 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC; Council District 7 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,
The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the Quarry.
You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high density and
incompatible land use in this area.

Councilmember Garcia led the City Council in a continuance of the PHO case at the October 2020 City Council meeting
and requested the applicant process a “down‐zoning”. Since that time, the applicant has pursued the subject PUD case
that you will hear on May 6. The LVPC and community provided input throughout the PUD process and during the April
12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Scott Trainor
6602 W Ellis Dr
Laveen, AZ 85339




Page1 646
Sofia Mastikhina

From: Maria Zavala
Sent: Wednesday, April 28, 2021 8:27 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,




Maria Zavala Roman

4115 W Calle Poco

Laveen, AZ, 85339





Page 647
Sofia Mastikhina

From: Bret Burchard
Sent: Wednesday, April 28, 2021 2:27 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,

I'm writing in regards to the Carver Canyon case that will come before you during the May 6 Planning
Commission Hearing. The proposed PUD is the second active zoning case for this site at the corner
of 35th Ave and Carver Rd. You heard the PHO version of this case in the middle of last year and the
outpouring of community opposition to high density development in this area. Now the applicant is
repackaging their plan into a PUD proposal, I assume as a show of compromise with the community.
But they still did not address the community's biggest concern, which is the incompatible density with
the surrounding area.

Since the continuance of the PHO case last fall at the City Council meeting, the community and LVPC
have provided input into the PUD process to create a superior site plan. Last month, the LVPC
approved a recommendation for a PUD proposal that includes 46 lots total with a minimum lot size of
8700 sq. ft. This is equivalent to the R1-18 zoning that the community has offered as a compromise
and satisfies our biggest concerns with the development of this property.

I ask that you please vote to approve and recommend the LVPC version of this PUD when you hear
the case on May 6.


Thank you,

Bret Burchard
11244 S 35th Ave
Laveen, AZ 85339





Page 648
Sofia Mastikhina

From: gjnorton0744@gmail.com
Sent: Wednesday, April 28, 2021 1:15 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC
Recommendation




Planning Commission Members:


The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the
PHO case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since
that time, the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community
provided input throughout the PUD process and during the April 12, 2021 LVPC meeting.
I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum
of 46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the
applicant presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards
stipulations that result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has
supported the community with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support
of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Chris and Gloria Norton
10823 S 29th Ave
Laveen, AZ 85339





Page 649
Sofia Mastikhina

From: Dan Braner
Sent: Wednesday, April 28, 2021 6:43 PM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen
known as the Quarry. You heard the PHO version of this case mid‐last year and the outpouring of
community opposition to high density and incompatible land use in this area. Councilmember Garcia
led the City Council in a continuance of the PHO case at the October 2020 City Council meeting and
requested the applicant process a “down‐zoning”. Since that time, the applicant has pursued the
subject PUD case that you will hear on May 6. The LVPC and community provided input throughout
the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved
the structural issues of density and zoning, and made this a much better development than the PHO
case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community, as opposed to the high density plan the applicant presented), minimum lot size of 8700
sq. ft., enhanced building architecture and landscaping standards stipulations that result in
compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the
community with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of
the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,

Daniel J Braner
10623 S 34th Ave
Laveen, AZ 85339





Page 650
Sofia Mastikhina

From: E douglas
Sent: Wednesday, April 28, 2021 4:56 PM
To: racell.escolar@phoenix.gov; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC
Recommendation


Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



My neighborhood has been allowed to be overdeveloped. Fifty‐first Avenue is going to have more traffic than it can
handle. Again. Please save some part of what used to be rural Laveen. Please stand with the LVPC and community and
support the LVPC recommendation in this case.


Best regards,



Elizabeth Douglas

4726 W. Olney Avenue

Laveen, AZ 85339





Page 651
Racelle Escolar

From: Jen Leitch <4jenleitch@gmail.com>
Sent: Wednesday, April 28, 2021 9:13 PM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Hello and Good Day,



I am writing about the above PUD which is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen
known as the Quarry.



Finally, I am pleased to say I support the LVPC recommendation and I respectfully request the Planning Commission
recommend approval of the April 12 LVPC recommendation when you hear this case on May 6.



As we've said from the beginning, we understand that this site will be developed and we are looking for a project that
"fits" in our area. The LVPC has recognized that this site needs less density and made this a much better development
than the PHO case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community, as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced
building architecture and landscaping standards stipulations that result in compatible land use and is equivalent to R1‐18
density. Councilmember Garcia has supported the community with a 46‐lot, R1‐18 plan throughout the PHO case last
year and we expect his support of the LVPC recommendation.



You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high density and
incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at the
October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time, the applicant
has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input throughout the
PUD process and during the April 12, 2021 LVPC meeting. We are so pleased that the LVPC has recognized the
importance and value of our contributions.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,

Jen Leitch

10109 S. 29th Dr.




Page1 652
Sofia Mastikhina

From: John Bzdel
Sent: Wednesday, April 28, 2021 5:10 PM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

You had the opportunity earlier to address this case as PHO‐1‐19‐Z‐165‐7/8 and should have reverted the case back to
R1 zoning per your County Documentation for that case, however, this wasn’t done. Now is your 2nd opportunity to act!

Best regards,

John Bzdel
12120 S. 39th Ave
Laveen, AZ 85339





Page 653
Racelle Escolar

From: Margaret Shalley
Sent: Wednesday, April 28, 2021 3:20 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: council.district.7@phoenix.goc; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,

I am a resident in Laveen since 2005 and also have family members with roots here. As
such, I wanted to share input regarding the above‐referenced case.

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Sincerely,

Margaret Shalley
6830 W St. Catherine Avenue
Laveen, AZ




Page1 654
Racelle Escolar

From: Maria Zavala
Sent: Wednesday, April 28, 2021 8:27 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,




Maria Zavala Roman

4115 W Calle Poco

Laveen, AZ, 85339




Page1 655
Racelle Escolar

From: Nicole Glasgow
Sent: Wednesday, April 28, 2021 3:47 PM
To: Sofia Mastikhina; Council District 8 PCC; Racelle Escolar
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,
Nicole Glasgow
3717 west Carver rd
Laveen, AZ 85339




Page1 656
Racelle Escolar

From: Steven Dougherty
Sent: Wednesday, April 28, 2021 1:17 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Steven Dougherty; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Sincerely,
Steven Dougherty
Steven@StevenDougherty.com
480‐430‐6130 Cell
11222 S 39th LN
Laveen AZ 85339


CONFIDENTIALITY NOTICE ‐ This e‐mail transmission and any documents, files or previous e‐mail messages attached to
it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a
person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play
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on the communication is strictly prohibited by the Electronic Communication Privacy Act, 18 U.S.C. 2510‐2521.




Page1 657
Racelle Escolar

From: Nicole Glasgow
Sent: Wednesday, April 28, 2021 3:49 PM
To: Sofia Mastikhina; Racelle Escolar; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,
Thomas Glasgow
3717 west Carver Rd
Laveen, Az 85339




Page1 658
Sofia Mastikhina

From: Eternal Sunshine
Sent: Wednesday, April 28, 2021 5:26 PM
To: Sofia Mastikhina
Subject: Subject: Case PUD Z-60-20-8 for May 6Planning Commission Hearing – Request to Support LVPC
Recommendation




Attention Planning Commission Members:

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,
Tia Kaiia, resident





Page 659
Sofia Mastikhina

From: Tiah Horn
Sent: Wednesday, April 28, 2021 5:06 PM
To: Sofia Mastikhina; Racelle Escolar
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation




Planning Commission Members,




The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the Quarry. You
heard the PHO version of this case mid-last year and the outpouring of community opposition to high density and incompatible
land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at the October 2020 City
Council meeting and requested the applicant process a “down-zoning”. Since that time, the applicant has pursued the subject
PUD case that you will hear on May 6. The LVPC and community provided input throughout the PUD process and during the
April 12, 2021 LVPC meeting.




I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the April 12
LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density and zoning, and
made this a much better development than the PHO case. Their vote approved a maximum of 46 lots total (which conforms to
the plan put forth by the community, as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq.
ft., enhanced building architecture and landscaping standards stipulations that result in compatible land use and is equivalent to
R1-18 density. Councilmember Garcia has supported the community with a 46-lot, R1-18 plan throughout the PHO case last
year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,




Tiah Bialik

Laveen, AZ





Page 660
Sofia Mastikhina

From: David Baker
Sent: Thursday, April 29, 2021 7:45 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,


Best Regards
David Baker ‐ homeowner
11908 S 41st Ave
Laveen Arizona 85339




David Baker
Keller Williams Realty Phoenix
Cell:602.373.6345
E‐mail: david@beinPhoenix.com
Visit my websites at
http://www.PhoenixLaveenHomes.com [phoenixlaveenhomes.com]
http://www.LaveenRealEstate.co [laveenrealestate.co]
http://www.LaveenAz85339.com [laveenaz85339.com]
http://www.CasasLaveen.com [casaslaveen.com]
http://www.Laveenhomesforsale.net [laveenhomesforsale.net]


Page 661
Sofia Mastikhina

From: Donna Snow
Sent: Thursday, April 29, 2021 8:47 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC; Donna Snow
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Donna Snow
6806 W Desert Lane
Laveen, AZ 85339





Page 662
Sofia Mastikhina

From: Jen Leitch <4jenleitch@gmail.com>
Sent: Wednesday, April 28, 2021 9:13 PM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Hello and Good Day,



I am writing about the above PUD which is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen
known as the Quarry.



Finally, I am pleased to say I support the LVPC recommendation and I respectfully request the Planning Commission
recommend approval of the April 12 LVPC recommendation when you hear this case on May 6.



As we've said from the beginning, we understand that this site will be developed and we are looking for a project that
"fits" in our area. The LVPC has recognized that this site needs less density and made this a much better development
than the PHO case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community, as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced
building architecture and landscaping standards stipulations that result in compatible land use and is equivalent to R1‐18
density. Councilmember Garcia has supported the community with a 46‐lot, R1‐18 plan throughout the PHO case last
year and we expect his support of the LVPC recommendation.



You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high density and
incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at the
October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time, the applicant
has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input throughout the
PUD process and during the April 12, 2021 LVPC meeting. We are so pleased that the LVPC has recognized the
importance and value of our contributions.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,

Jen Leitch

10109 S. 29th Dr.


Page 663
Sofia Mastikhina

From: Joan Howell
Sent: Thursday, April 29, 2021 10:52 AM
To: Sofia Mastikhina; Racelle Escolar
Cc: council.district8@phoenix.gov
Subject: Support- Quarry Case PUD Z-60-20-8




Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known
as the Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community
opposition to high density and incompatible land use in this area. Councilmember Garcia led the City
Council in a continuance of the PHO case at the October 2020 City Council meeting and requested the
applicant process a “down‐zoning”. Since that time, the applicant has pursued the subject PUD case
that you will hear on May 6. The LVPC and community provided input throughout the PUD process and
during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved
the structural issues of density and zoning, and made this a much better development than the PHO
case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community, as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq.
ft., enhanced building architecture and landscaping standards stipulations that result in compatible land
use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community with a 46‐
lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC
recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,

Joan B Howell

1810 Palmcroft Dr NE
Phoenix AZ 85007



Page 664
Sofia Mastikhina

From: Judy Brown
Sent: Thursday, April 29, 2021 9:45 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC
Recommendation


Planning Commission Members,

The community is still engaged and ready to right a wrong…

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Kind regards,

Judy Brown
3220 W. Ceton Drive
Laveen, AZ 85339





Page 665
Sofia Mastikhina

From: Ken D
Sent: Thursday, April 29, 2021 6:57 AM
To: Council District 8 PCC; Racelle Escolar; Sofia Mastikhina
Subject: Fwd: FW: UPDATE & ACTION NEEDED - Quarry Case PUD Z-60-20-8









send to racelle.escolar@phoenix.gov and sofia.mastikhina@phoenix.gov and
CC council.district.8@phoenix.gov



Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as
the Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community
opposition to high density and incompatible land use in this area. Councilmember Garcia led the City
Council in a continuance of the PHO case at the October 2020 City Council meeting and requested the
applicant process a “down‐zoning”. Since that time, the applicant has pursued the subject PUD case that
you will hear on May 6. The LVPC and community provided input throughout the PUD process and during
the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the
structural issues of density and zoning, and made this a much better development than the PHO case. Their
vote approved a maximum of 46 lots total (which conforms to the plan put forth by the community, as
opposed to the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced
building architecture and landscaping standards stipulations that result in compatible land use and is
equivalent to R1‐18 density. Councilmember Garcia has supported the community with a 46‐lot, R1‐18
plan throughout the PHO case last year and we expect his support of the LVPC recommendation.




Page 666
Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,



Ken Diaz

2923 W. Avion Way

Laveen , Az. 85339



Attachments area

Done.
To help protect y
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auto matic downlo
picture from the




Will do.
Will do, thanks.


ReplyReply allForward

[drive.google.com]
[google.com] [google.com] [google.com]


‐‐
Hangar Haciendas Homeowners Association
Laveen, AZ 85339





Page 667
Sofia Mastikhina

From: Kristofic, Stephanie L.
Sent: Thursday, April 29, 2021 9:40 AM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,



Stephanie Kristofic RN, BSN, CDCES, CPT
10826 S 30th Ave
Laveen, Az 85339





Page 668
Racelle Escolar

From: Robert Minard
Sent: Thursday, April 29, 2021 3:31 PM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen
known as the Quarry. You heard the PHO version of this case mid-last year and the outpouring of
community opposition to high density and incompatible land use in this area. Councilmember Garcia
led the City Council in a continuance of the PHO case at the October 2020 City Council meeting and
requested the applicant process a “down-zoning”. Since that time, the applicant has pursued the
subject PUD case that you will hear on May 6. The LVPC and community provided input throughout
the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved
the structural issues of density and zoning, and made this a much better development than the PHO
case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community, as opposed to the high density plan the applicant presented), minimum lot size of 8700
sq. ft., enhanced building architecture and landscaping standards stipulations that result in
compatible land use and is equivalent to R1-18 density. Councilmember Garcia has supported the
community with a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of
the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Vicki Minard
3107 W. Avion Way
Laveen, AZ 85339




Page1 669
Subject: FW: Case PUD-Z-60-20-8



From: Millie Strauss
Sent: Thursday, April 29, 2021 10:54 AM
To: Sofia Mastikhina
Subject: Case PUD‐Z‐60‐20‐8

Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to
Support LVPC Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road
in Laveen known as the Quarry. You heard the PHO version of this case mid-last year
and the outpouring of community opposition to high density and incompatible land use in
this area. Councilmember Garcia led the City Council in a continuance of the PHO case
at the October 2020 City Council meeting and requested the applicant process a “down-
zoning”. Since that time, the applicant has pursued the subject PUD case that you will
hear on May 6. The LVPC and community provided input throughout the PUD process
and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission
recommend approval of the April 12 LVPC recommendation when you hear this case on
May 6. The LVPC resolved the structural issues of density and zoning, and made this a
much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high
density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building
architecture and landscaping standards stipulations that result in compatible land use and
is equivalent to R1-18 density. Councilmember Garcia has supported the community with
a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of the
LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in
this case.

Best regards,

Mildred Strauss

3007 W. Ceton Dr.

Laveen, AZ 85339




Page1 670
Sofia Mastikhina

From: Mindy Erskine
Sent: Thursday, April 29, 2021 3:29 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC; Council District 7 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation




Planning Commission Members,
The subject PUD is the second zoning case at the NWC of 35th Avenue
and Carver Road in Laveen known as the Quarry. You heard the PHO
version of this case mid‐last year and the outpouring of community
opposition to high density and incompatible land use in this area.
Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the
applicant process a “down‐zoning”. Since that time, the applicant has
pursued the subject PUD case that you will hear on May 6. The LVPC
and community provided input throughout the PUD process and during
the April 12, 2021 LVPC meeting.
I support the LVPC recommendation and I respectfully request the
Planning Commission recommend approval of the April 12 LVPC
recommendation when you hear this case on May 6. The LVPC resolved
the structural issues of density and zoning, and made this a much better
development than the PHO case. Their vote approved a maximum of 46
lots total (which conforms to the plan put forth by the community, as
opposed to the high density plan the applicant presented), minimum lot
size of 8700 sq. ft., enhanced building architecture and landscaping
standards stipulations that result in compatible land use and is
equivalent to R1‐18 density. Councilmember Garcia has supported the
community with a 46‐lot, R1‐18 plan throughout the PHO case last year
and we expect his support of the LVPC recommendation.
Please stand with the LVPC and community and support the LVPC
recommendation in this case.
Best regards,
Mindy Erskine
12010 S 48th Dr Laveen AZ 85339


Sent from my iPhone





Page 671
Sofia Mastikhina

From: Neal Haddad
Sent: Thursday, April 29, 2021 9:43 AM
To: Racelle Escolar
Cc: Sofia Mastikhina; Council District 8 PCC; Paul Barnes
Subject: COMMENT TO FILE: PUD Z 60 20 8


RE: PUD Z‐60‐20‐8, 5.6.21 agenda
VIA EMAIL



Members of the Planning Commission:

Like many others in the Laveen community and across the city, we have taken an active interest in the subject
case for years. As members know, Laveen is a unique area within the 519 sq. mi. that comprise the City of
Phoenix. We believe the Laveen community's special attributes must be considered.

We support the recommendations passed by the Laveen Village Planning Committee (LVPC) earlier in the
month. As neighbors believe, the LVPC addressed and resolved the structural issues of density and zoning,
making this a much better development than previous applications for this site.

The plan that the LVPC passed:

 Includes a maximum of 46 lots total (which conforms to the plan put forth by the community)
 Rejects the high-density plan presented by the applicant
 Requires minimum lot size of 8700 sq. ft.
 Enhances building architecture and landscaping standards stipulations that result in compatible land
use
 Provides density in the PUD equivalent to R1-18

Please stand with the LVPC and community: please support the LVPC recommendation in this case.

Respectfully,

B. Paul Barnes
Neal Haddad
Neighborhood Coalition of Greater Phoenix





Page 672
Sofia Mastikhina

From: Robert Minard
Sent: Thursday, April 29, 2021 3:33 PM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen
known as the Quarry. You heard the PHO version of this case mid-last year and the outpouring of
community opposition to high density and incompatible land use in this area. Councilmember Garcia
led the City Council in a continuance of the PHO case at the October 2020 City Council meeting and
requested the applicant process a “down-zoning”. Since that time, the applicant has pursued the
subject PUD case that you will hear on May 6. The LVPC and community provided input throughout
the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved
the structural issues of density and zoning, and made this a much better development than the PHO
case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community, as opposed to the high density plan the applicant presented), minimum lot size of 8700
sq. ft., enhanced building architecture and landscaping standards stipulations that result in
compatible land use and is equivalent to R1-18 density. Councilmember Garcia has supported the
community with a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of
the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,


Robert Minard
3107 W. Avion Way
Laveen, AZ 85339





Page 673
Sofia Mastikhina

From: Scott Johnson
Sent: Thursday, April 29, 2021 11:18 AM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Cc: 'Cyd Manning'
Subject: Quarry Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC
Recommendation

Importance: High



Dear Planning Commission Members:

In addition to the comments below I would like to add the community’s heartfelt thanks to the Laveen Village
Planning Committee for adopting the very reasonable 46‐lot maximum proposal that we have been proposing
for this project.

As a reminder, had City staff enforced the zoning reversion stipulation from the 2007 case on this property in
2011 as they should have, the owner would currently be entitled to 20 lots on the subject 19+ acres.

The community proposed 46 lots is a 230% increase over that baseline number, while the current application
proposes over 300% of the density they should rightfully be allowed. We feel that the community proposal
which is reflected in the current LVPC recommendation is a very reasonable compromise as to density.

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to
high density and incompatible land use in this area. Councilmember Garcia led the City Council in a
continuance of the PHO case at the October 2020 City Council meeting and requested the applicant process a
“down‐zoning”. Since that time, the applicant has pursued the subject PUD case that you will hear on May
6. The LVPC and community provided input throughout the PUD process and during the April 12, 2021 LVPC
meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval
of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural
issues of density and zoning, and made this a much better development than the PHO case. Their vote
approved a maximum of 46 lots total (which conforms to the plan put forth by the community, as opposed to
the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building
architecture and landscaping standards stipulations that result in compatible land use and is equivalent to R1‐
18 density. Councilmember Garcia has supported the community with a 46‐lot, R1‐18 plan throughout the
PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Thank you for your time and consideration,

Scott Johnson


Page 674
Scott Johnson
President
Hangar Haciendas HOA
602‐320‐2382
sjohnson@scottjce.com





Page 675
Sofia Mastikhina

From: Tayler Bell
Sent: Thursday, April 29, 2021 12:12 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,

I'm writing in regards to the Carver Canyon case that will come before you during the May 6 Planning
Commission Hearing. The proposed PUD is the second active zoning case for this site at the corner
of 35th Ave and Carver Rd. You heard the PHO version of this case in the middle of last year and the
outpouring of community opposition to high density development in this area. Now the applicant is
repackaging their plan into a PUD proposal, I assume as a show of compromise with the community.
But they still did not address the community's biggest concern, which is the incompatible density with
the surrounding area.

Since the continuance of the PHO case last fall at the City Council meeting, the community and LVPC
have provided input into the PUD process to create a superior site plan. Last month, the LVPC
approved a recommendation for a PUD proposal that includes 46 lots total with a minimum lot size of
8700 sq. ft. This is equivalent to the R1-18 zoning that the community has offered as a compromise
and satisfies our biggest concerns with the development of this property.

I ask that you please vote to approve and recommend the LVPC version of this PUD when you hear
the case on May 6.


Thank you,

Tayler Burchard
11244 S 35th Ave
Laveen, AZ 85339





Page 676
Sofia Mastikhina

From: BDM
Sent: Friday, April 30, 2021 9:13 PM
To: Sofia Mastikhina
Subject: Case PUD Z-60-20-8 for May 6 PCH – In support LVPC's recommendation


To whom it may concern,

In regards to PUD Z-60-20-8 (aka the applicant's way of trying to get around the similar PHO case that the
community also doesn't agree with), I would support the LVPC recommendation of 46 lots, lower sq ft, and
other architecture improvements. I live very close to this location and the amount of houses that the applicant
wants to put here is way too many. The community doesn't want high density housing. We
have a "country" feeling on this side of Carver Mountain and that will be taken away with the high density that
was proposed. Please do not approve more than 46 lots.

Sincerely,

Ben Meyer
3535 W Bohl Street
Laveen





Page 677
Sofia Mastikhina

From: peekayphx@aol.com
Sent: Friday, April 30, 2021 7:38 AM
To: Racelle Escolar; Sofia Mastikhina
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen
known as the Quarry. You heard the PHO version of this case mid-last year and the outpouring of
community opposition to high density and incompatible land use in this area. Councilmember Garcia
led the City Council in a continuance of the PHO case at the October 2020 City Council meeting and
requested the applicant process a “down-zoning”. Since that time, the applicant has pursued the
subject PUD case that you will hear on May 6. The LVPC and community provided input throughout
the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC
resolved the structural issues of density and zoning, and made this a much better development than
the PHO case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth
by the community, as opposed to the high density plan the applicant presented), minimum lot size of
8700 sq. ft., enhanced building architecture and landscaping standards stipulations that result in
compatible land use and is equivalent to R1-18 density. Councilmember Garcia has supported the
community with a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of
the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Cynthia Pepin
4601 W. Crivello Ave
Laveen AZ, 85339





Page 678
Sofia Mastikhina

From: D in AZ
Sent: Friday, April 30, 2021 8:45 PM
To: DM
Subject: Quarry Case PUD Z-60-20-8 NWC comment


Planning Commission Members,



On April 12th, the LVPC had recommended a max of 46 lots, min lot size of 8700 and other stipulations for the Quarry
Case PUD Z-60-20-8 NWC. The neighbors do not want high density for this area so I urge you to also make the
recommendation when you hear this case on May 6th.



The excessive building in Laveen is way beyond what it should be to the point that Laveen doesn't have the same charm
anymore. Thus, I am asking you to protect us from high density in our area.



Please stand with the LVPC and community and support the LVPC recommendation in this case.

Darcy Meyer

3535 W Bohl St,

Laveen





Page 679
Sofia Mastikhina

From: EMAIL TEAM
Sent: Friday, April 30, 2021 10:08 AM
To: Sofia Mastikhina
Subject: PUD Z-60-20-8


Hello,
please support the Laveen Planning Committee decision on Quarry Case PUD Z-60-20-8.
Sincerely,
Gary Jordan





Page 680
Sofia Mastikhina

From: Irma Cazarez
Sent: Friday, April 30, 2021 11:44 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation




Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high‐density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture, and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,



Irma Cazarez

3517 W Shawnee Dr.

Laveen, AZ 85339





Page 681
Page 682
Sofia Mastikhina

From: Orlando Cazarez
Sent: Friday, April 30, 2021 12:23 PM
To: Council District 8 PCC; Sofia Mastikhina; Racelle Escolar
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high‐density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture, and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,



Orlando Cazarez

3517 W Shawnee Dr.

Laveen, AZ 85339





Page 683
Sofia Mastikhina

From: Paul Franckowiak
Sent: Friday, April 30, 2021 8:52 AM
To: Sofia Mastikhina
Subject: Support for LVPC recommendations on 35th and Carver



Ms. Mastikhina‐

Regarding Case PUD Z‐60‐20‐8 for the May 6 Planning Commission Hearing:

I hope you will adopt the Laveen planning commission's recommendations in this case.

We have attended a bunch of meetings and voiced opposition to high density development at 35th and Carver
for several years now. This is probably the tenth letter I have written on this subject to either the city council
or the planning commission.

Please don't just count our current round of letters when determining the case. Please count the letters you
have received about the development of this parcel in sum over the course of this dispute. Also, please
consider our community's hours spent at dull meetings having to object to high density development on that
exact piece of land. We are not paid to attend those meetings, yet we are required to attend if we want to
oppose high density development in our area.

You know the history of zoning on that parcel. We have spent a lot of time trying to keep someone from
taking advantage of an oversight by the city (During Mayor Gordon's time).

Why even have these meetings if opposition such as ours cannot change things? Don't think that people just
want to be heard and then told how it is going to be. That is being managed, not listened to. We want you to
listen our community and honor our time and effort by approving the recommendation of the LVPC on this
case.

You stopped a cannabis dispensary from opening in District 3 just a few weeks ago because of community
opposition. We are not asking for you to do the unprecedented, we are just asking you to do the right thing
from a community perspective.

Paul Franckowiak
10019 S. 29th drive
Laveen Az 85339





Page 684
Sofia Mastikhina

From: Dan Downs
Sent: Saturday, May 1, 2021 11:34 AM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,


The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.


I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Respectfully.

Daniel Downs
10623 S 34th Ave
Laveen, AZ 85339





Page 685
Sofia Mastikhina

From: Amy Weibel, Ph.D.
Sent: Sunday, May 2, 2021 2:49 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,


‐‐Amy‐‐

DNA*DNA*DNA*DNA
Amy C. Weibel, Ph.D.
Cell: (602) 373‐6344
acweibel@msn.com
DNA*DNA*DNA*DNA

“Somewhere, something incredible is waiting to be known.” ― Carl Sagan [goodreads.com]
"How wonderful it is that nobody need wait a single moment before starting to improve the world." ‐ Anne
Frank (1929‐1945)

For exceptional professional real estate services - visit us at www.PhoenixLaveenHomes.com
[phoenixlaveenhomes.com].





Page 686
Sofia Mastikhina

From: Bernadette Buehlmann
Sent: Sunday, May 2, 2021 2:18 PM
To: Sofia Mastikhina
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC
Recommendation


Hello

Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Bernadette Buehlmann
3026 W Ceton Dr
Laveen, AZ 85339





Page 687
Sofia Mastikhina

From: Bryan Peltzer
Sent: Sunday, May 2, 2021 9:26 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation




Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

The applicant’s desire to have the property rezoned to a density that meets their investment objectives is wholly
unacceptable and would be completely incompatible with the surrounding neighborhood (the area between Carver and
South Mountains). This ordeal has drug on for several years, with the applicant biding their time in an attempt to outlast
members of the community. With each day that passes, the need to put an end to the stalemate has come.

While the LVPC recommendation falls short of what was agreed to by the City Council under s deal brokered by then
Mayor Phil Gordon, I would begrudgingly accept their recommendation and request the Planning Commission
recommend approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the
structural issues of density and zoning, and made this a much better development than the PHO case. Their vote
approved a maximum of 46 lots total (which conforms to the plan put forth by the community as opposed to the high
density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping
standards stipulations that result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has
supported the community with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the
LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Bryan Peltzer
3725 W. Fox Rd.
Laveen, AZ





Page 688
Sofia Mastikhina

From: Dan Penton
Sent: Sunday, May 2, 2021 2:13 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: council.district8@phoenix.gov; Council.district7@phoenix.gov
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation
Attachments: Z-60-20-8_LV.DOC


Planning Commission Members,




My name is Daniel Penton , and I reside at 8216 S 42nd Ave, Laveen Village, AZ 85339. Thank you for the opportunity to submit
my comments to the record regarding Case # Z-60-20-8

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the Quarry. You
heard the PHO version of this case mid-last year and the outpouring of community opposition to high density and incompatible
land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at the October 2020 City
Council meeting and requested the applicant process a “down-zoning”. Since that time, the applicant has pursued the subject
PUD case that you will hear on May 6. The LVPC and community provided input throughout the PUD process and during the
April 12, 2021 LVPC meeting.




I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the April 12
LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density and zoning, and
made this a much better development than the PHO case. Their vote approved a maximum of 46 lots total (which conforms to
the plan put forth by the community as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq.
ft., enhanced building architecture and landscaping standards stipulations that result in compatible land use and is equivalent to
R1-18 density. Councilmember Garcia has supported the community with a 46-lot, R1-18 plan throughout the PHO case last
year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,

DAN PENTON




8216 S 42ND AVE

Laveen, AZ 85339





Page 689
Sofia Mastikhina

From: Ol' West
Sent: Sunday, May 2, 2021 7:46 PM
To: PDD Planning Commission; Racelle Escolar; Council District 8 PCC; Sofia Mastikhina
Subject: Quarry Case PUD Z-60-20-8 NWC comment


I support this case as recommended by the Laveen Village Planning Committee.


Planning Commission Members,



On April 12th, the LVPC had recommended a max of 46 lots, min lot size of 8700 and other stipulations for the Quarry
Case PUD Z-60-20-8 NWC. The neighbors do not want high density for this area so I urge you to also make the
recommendation when you hear this case on May 6th.



The excessive building in Laveen is way beyond what it should be to the point that Laveen doesn't have the same charm
anymore. Thus, I am asking you to protect us from high density in our area.



Please stand with the LVPC and community and support the LVPC recommendation in this case.




David Meyer

3535 W Bohl St,

Laveen, AZ





Page 690
Sofia Mastikhina

From: Donna Schober
Sent: Sunday, May 2, 2021 8:48 PM
To: Sofia Mastikhina; Racelle Escolar; Council District 8 PCC
Subject: Case PUD Z-60-20-8



Dear Planning Commission Members,

My husband and I have lived in Laveen for more than 20 years. We are very concerned about the proposed
development in PUD Z‐60‐20‐8. This is the second zoning case at the NorthWest corner of 35th Avenue and
Carver Road in Laveen known as the Quarry. You heard the PHO development version in the middle of last
year. There was strong opposition from the entire community to the proposed high density and incompatible
land use in this special area of Laveen.

Council Member Garcia led the City Council in a continuance of the PHO case at the October 2020 City Council
meeting. He requested that the applicant process a "down‐zoning". Since that time, the applicant has
pursued the PUD case before you on May 6. The Laveen Village Planning Committee (LVPC) and community
provided input throughout the PUD process and during the April 12, 2021 LVPC meeting.

We support the LVPC recommendation and we respectfully request that the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the
structural issues of density and zoning, and made this a much better development than the PHO case
proposed. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community as opposed to the high density plan the applicant presented), minimum lot size use and is
equivalent to R1‐18 density. Council Member Garcia has supported the community with a 46‐lot, R1‐18 plan
throughout the PHO cse last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case. We are all
working toward the goal of sound, sensible development in this area of Laveen. Please help us with that.

Sincerely,

Donna J. Schober and Marvin A. Sondag
10840 S. 30th Ave
Laveen, AZ 85339





Page 691
Sofia Mastikhina

From: Elizabeth Banta
Sent: Sunday, May 2, 2021 6:28 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Dear Planning Commission Members,



I have lived for 46 years in the City of Phoenix, including 12 years in the Carver Foothills area. The first time I drove over
the foothills by 35th Avenue next to the quarry, I sensed the very unique nature of this community, which taps into both
the beauty of South Mountain and the Carver Foothills, and features large lots and solitude. I realize how lucky I am to
live in such a rare location in our Valley. Preserving these attributes not only will be good for all who live in the area
nestled between South Mountain and Carver Foothills, but it will be good for the City of Phoenix as as whole to retain
variety in its neighborhoods.



Case PUD Z‐60‐20‐8 is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. The Planning Commission heard the PHO version of this case mid‐last year. Our community is strongly opposed
to high density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of
the PHO case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since
that time, the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community
provided input throughout the PUD process and during the April 12, 2021 LVPC meeting.



I urge the Planning Commission to recommend approval of the April 12 LVPC recommendation when you hear this case
on May 6. The LVPC resolved the structural issues of density and zoning, and made this a much better development
than the PHO case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community, as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced
building architecture and landscaping standards stipulations that result in compatible land use and is equivalent to R1‐18
density. Councilmember Garcia has supported the community with a 46‐lot, R1‐18 plan throughout the PHO case last
year and we expect his support of the LVPC recommendation.



I implore you to join with the LVPC and community by supporting the Laveen Village Planning Committee's
recommendation in this case. with no higher density than 46 lots total. You may contact me at this email, or 480‐353‐
6019 for any questions you may have. Thank you.


Sincerely,





Page 692
Elizabeth Banta

3938 W Kayenta Trail

Laveen, AZ 85339





Page 693
Sofia Mastikhina

From: Gina Abbott
Sent: Sunday, May 2, 2021 8:47 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing-Request to Support LVPC
Recommendation




Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation




Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

I personally bought land out here and then just last year just constructed a house on this property. It is a little over 1
acre and one acre is what the limit was that someone had to have in order to build a house in this area. I love the rural
setting and that’s why I bought out here and that’s why I wanted to build my house out here and I plan on living here
when I retire. If we let this PUD have their way, I fear that others will follow and it will no longer be the quiet, peaceful
place that we all love!



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,

Page 694
Regina Abbott

3832 West Fox Road

Laveen AZ 85339





Page 695
Racelle Escolar

From: Ines Hughes
Sent: Sunday, May 2, 2021 11:28 AM
To: Sofia Mastikhina; Council District 8 PCC; Racelle Escolar
Subject: Fwd: Quarry Case PUD Z-60-20-8




Dear Planning Commission Members,


I am a resident of the Carver Valley area of Laveen, which is one of the few rural areas that are left in Laveen. It sits in
the vicinity of the development item "Quarry Case PUD Z‐60‐20‐8". As neighbors in concert, we have deliberated, voiced
our concerns, and came to consensus with the developer in this case and the Laveen Village Planning Committee (LVPC).
I urge the Commissioners to adopt the proposed recommendations from the LVPC as they reflect the vision of both us
neighbors and the fruits of negotiation with the current property owner and their representatives.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Thank you.
Best regards,

Ines Hughes
4206 W Carver Rd
Laveen, AZ ‐ 85339

‐‐
Anything is good if it is made of chocolate.

Knowledge is knowing that a tomato is a fruit;
Wisdom is not putting it in a fruit salad.
Philosophy is wondering if a Bloody Mary counts as a smoothy.




Page1 696
Subject: FW: Quarry Case PUD Z-60-20-8



From: James Hughes
Sent: Sunday, May 2, 2021 10:52 AM
To: Sofia Mastikhina ; Council District 8 PCC
Cc: Ines Hughes
Subject: Quarry Case PUD Z‐60‐20‐8

Hello Planning Commission Members,

I am a resident of the Carver Valley area of Laveen, which sits in the vicinity of the development item "Quarry Case PUD
Z‐60‐20‐8". As neighbors in concert, we have deliberated, voiced our concerns, and came to consensus with the
developer in this case and the Laveen Village Planning Committee (LVPC). I urge the Commissioners to adopt the
proposed recommendations from the LVPC as they reflect the vision of both us neighbors and the fruits of negotiation
with the current property owner and their representatives.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation. Please stand with the LVPC and community and support the LVPC recommendation
in this case.


Thank you,
James Hughes
4206 W Carver Rd
Laveen, AZ ‐ 85339


‐‐
Cooking is just the art of finding new and interesting ways to ingest more olive oil.....




Page1 697
Sofia Mastikhina

From: Val Marquez
Sent: Sunday, May 2, 2021 11:53 AM
To: Racelle Escolar
Cc: Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high‐density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture, and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,



Kathryn Marquez

11424 S. 35th Ave

Laveen, AZ 85339





Page 698
Sofia Mastikhina

From: Paul Banta
Sent: Sunday, May 2, 2021 8:00 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8


Dear Sirs:

I live at 3938 W Kayenta Trail, Laveen Village, AZ 85339. I would like to register my SUPPORT of the Laveen
Planning Committee recommendation that this property development be limited to 46 homes. There was a lot of
information presented by the developer at this meeting, but the contentious issue is that they want to build 61 houses.

This proposed development is located in a narrow valley along Carver Road. There is no high density housing in this
valley. The standard for this area is no more than 1 house per acre. There are many houses set on multiple acres.

I understand that this property is zoned for high density housing. This is the result of an action taken about 15 years ago
by the city; against the wishes of the local community. High density was wrong for this location then and is wrong now.

There is lots of high density housing being built within a couple of miles of this property for people who want this
lifestyle. The ONLY rationale for allowing higher density is so that the developers can make MORE money.

The local community leaders have proposed an alternate plan with 46 houses on this site. This is higher density than any
other local property. I think that is a pretty good compromise. REMEMBER, this case will set a precedent for this whole
area. If a plan with more than 46 houses is approved there will really be no way to prevent other properties in this area
from being rezoned for higher density.

PLEASE SUPPORT a plan that limits the number of homes to 46.

Paul Banta
480 353 6014





Page 699
Subject: FW: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing-Request to Support LVPC Recommendation



From: Gina Abbott
Sent: Sunday, May 2, 2021 8:47 PM
To: Racelle Escolar ; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing‐Request to Support LVPC Recommendation

Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

I personally bought land out here and then just last year just constructed a house on this property. It is a little over 1
acre and one acre is what the limit was that someone had to have in order to build a house in this area. I love the rural
setting and that’s why I bought out here and that’s why I wanted to build my house out here and I plan on living here
when I retire. If we let this PUD have their way, I fear that others will follow and it will no longer be the quiet, peaceful
place that we all love!

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Regina Abbott

3832 West Fox Road

Laveen AZ 85339




Page1 700
Subject: FW: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation




From: Rochelle Peltzer
Sent: Sunday, May 2, 2021 9:37 PM
To: Racelle Escolar ; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Re: Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known
as the Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community
opposition to high density and incompatible land use in this area. Councilmember Garcia led the City
Council in a continuance of the PHO case at the October 2020 City Council meeting and requested the
applicant process a “down‐zoning”. Since that time, the applicant has pursued the subject PUD case
that you will hear on May 6. The LVPC and community provided input throughout the PUD process and
during the April 12, 2021 LVPC meeting.

The applicant’s desire to have the property rezoned to a density that meets their investment objectives
is wholly unacceptable and would be completely incompatible with the surrounding neighborhood (the
area between Carver and South Mountains). This ordeal has drug on for several years, with the applicant
biding their time in an attempt to outlast members of the community. With each day that passes, the
need to put an end to the stalemate has come.

While the LVPC recommendation falls short of what was agreed to by the City Council under s deal
brokered by then Mayor Phil Gordon, I would begrudgingly accept their recommendation and request
the Planning Commission recommend approval of the April 12 LVPC recommendation when you hear
this case on May 6. The LVPC resolved the structural issues of density and zoning, and made this a much
better development than the PHO case. Their vote approved a maximum of 46 lots total (which
conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards
stipulations that result in compatible land use and is equivalent to R1‐18 density. Councilmember
Garcia has supported the community with a 46‐lot, R1‐18 plan throughout the PHO case last year and
we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Rochelle Peltzer
3725 W. Fox Rd.
Laveen, AZ




Page1 701
Sofia Mastikhina

From: Ruth Franklin
Sent: Sunday, May 2, 2021 10:28 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Dear Planning Commission Members,




The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid-last year and the outpouring of community opposition to high density
and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at
the October 2020 City Council meeting and requested the applicant process a “down-zoning”. Since that time, the
applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.




I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the April
12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density and
zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots total
(which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1-18 density. Councilmember Garcia has supported the community
with a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,
Ruth Franklin
3143 W Avion Way
Laveen, AZ 85339





Page 702
Racelle Escolar

From: ruth kennedy-iwai
Sent: Sunday, May 2, 2021 10:35 PM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8zoning". Since that time the applicant has pursued the subject PUD case that you will hear
on for May 6 Planning Commission Hearing-Request to Support LVPC Redommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the Quarry. You heard
the PHO version of this case mid-last year and the outpouring of community opposition to high density and incompatible land use in
this area. Councilmember Garcia led the City Council in a continuance of the PHO case at the October 2020 City Council and
requested the applicant process a "down-zoning." Since that time, the applicant has pursued the subject PUD case that you will hear on
May 6. The LVPC and community provided input throughout the PUD process and during the April 12 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the April 12 LVPC
recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density and zoning and made this a
much better development than the PHO case. Their vote approved a maximum of 46 lots total [which conforms to the plan put forth
by the community as opposed to the high density plan the applicant presented] minimum lot size of 8700 sq.ft. enhanced building
architecture and landscaping standards stipulations that result in compatible land use and is equivalent to R1-18
density. Councilmember Garcia has supported the community with a 46 lot, R1-18 plan throughout the PHO case last year and we
expect his support of the LVPC recommendation.
.
Please stand with the LVPC and the community and support the LVPC recommendation in this case.

Best Regards,

Ruth Kennedy-Iwai
3412 W. Ansell Rd.

P.S.

I am submitting the letter composed by our much loved and respected community group, who have worked tirelessly to preserve our
unique area from irresponsible and incompatible development. I agree totally with both their sentiments and arguments regarding the
Quarry case. Since I couldn't say it any better I am sending you their words. Again, however, I repeat that I support the LVPC
recommendation and hope as our elected representatives you will as well. I have lived in Laveen for over 40 years enjoying
mountains and peaceful desert. We have little enough left in our urban sprawl. Keep some places to renew our souls.
RKI




Page1 703
Sofia Mastikhina

From: Amy Luley
Sent: Monday, May 3, 2021 3:40 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation




Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,



Amy Luley
4030 W Carver Road
Laveen, AZ 85339

510.508.9598
amyluley@gmail.com





Page 704
Sofia Mastikhina

From: Chris
Sent: Monday, May 3, 2021 1:32 PM
To: Sofia Mastikhina
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to
Support LVPC Recommendation


Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35 th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid-last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down-zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1-18 density. Councilmember Garcia has supported the community
with a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Sincerely,,

Christine Danielson
2943 W. Ceton Dr.
Laveen, AZ 85339





Page 705
Sofia Mastikhina

From: Stilgar the Freeman
Sent: Monday, May 3, 2021 3:18 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,




Christopher Lee Luley

(aka Stilgar the Freeman)

4030 West Carver Road

Laveen, Arizona [85339]

clluley@gmail.com



Page 706
Sofia Mastikhina

From: Darren Kristofic
Sent: Monday, May 3, 2021 7:01 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,




The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the Quarry. You
heard the PHO version of this case mid-last year and the outpouring of community opposition to high density and incompatible
land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at the October 2020 City
Council meeting and requested the applicant process a “down-zoning”. Since that time, the applicant has pursued the subject
PUD case that you will hear on May 6. The LVPC and community provided input throughout the PUD process and during the
April 12, 2021 LVPC meeting.




I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the April 12
LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density and zoning, and
made this a much better development than the PHO case. Their vote approved a maximum of 46 lots total (which conforms to
the plan put forth by the community as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq.
ft., enhanced building architecture and landscaping standards stipulations that result in compatible land use and is equivalent to
R1-18 density. Councilmember Garcia has supported the community with a 46-lot, R1-18 plan throughout the PHO case last
year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,

Darren Kristofic

10826 S 30th Ave

Laveen AZ 85339





Page 707
Sofia Mastikhina

From: Diane Leos
Sent: Monday, May 3, 2021 11:42 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Property on 35th Ave and Carver Road


As a member of the Laveen community who will be personally impacted by the proposed development on the
property located at 35th Ave. and Carver Rd (also known as the the “Quarry” I am in support of and urge the
acceptance of the proposal submitted by the LVPC.
Diane Leos
4327 W. Calle Poco
Laveen, AZ 85339


Sent from my iPad





Page 708
Sofia Mastikhina

From: DONNA SILBER
Sent: Monday, May 3, 2021 8:03 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPD
Recommendation



Planning Commission Members,


The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known
as the Quarry. You heard the PHO version of this case mid-last year and the outpouring of community
opposition to high density and incompatible land use in this area. Councilmember Garcia led the City
Council in a continuance of the PHO case at the October 2020 City Council meeting and requested the
applicant process a “down-zoning”. Since that time, the applicant has pursued the subject PUD case that
you will hear on May 6. The LVPC and community provided input throughout the PUD process and during
the April 12, 2021 LVPC meeting.
I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the
structural issues of density and zoning, and made this a much better development than the PHO
case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq. ft.,
enhanced building architecture and landscaping standards stipulations that result in compatible land use
and is equivalent to R1-18 density. Councilmember Garcia has supported the community with a 46-lot,
R1-18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.
Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,
Donna Silber
11619 S. 39th Avenue Laveen





Page 709
Sofia Mastikhina

From: 2017 Camaro
Sent: Monday, May 3, 2021 9:22 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35thAvenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of both
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), with a minimum lot size of 8700 sq. ft. which results in compatible land use and is equivalent to R1‐18
density, along with enhanced building architecture and landscaping standards stipulations. Again..a far superior plan to
that of the PHO Case. Important to note is that Councilmember Garcia has supported the community with a 46‐lot, R1‐
18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

My wife and I found Laveen by chance through a friend and once we saw it, we fell in love with the area. It is close to
downtown yet maintains a rural feel with wide open spaces. We love it out here so much that not only do we have a
home over on 51st and Dobbins, but we also purchased 3 acres of land to build a custom home. Folks are drawn to
Laveen for the breathing room…Laveen has a well thought out General Plan for a reason and thus has something for
everyone. ..let’s stick to the Plan and not get wrapped up in politics or pressure from investors/developers.

Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,

Ivan Vializ

8921 S. 53rdDr.

Laveen, AZ 85339

AND

3200 W Ceton Dr.

Laveen, AZ 85339


Page 710
Sofia Mastikhina

From: Jane Craig
Sent: Monday, May 3, 2021 7:49 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC April 12th
Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to
high density and incompatible land use in this area. Councilmember Garcia led the City Council in a
continuance of the PHO case at the October 2020 City Council meeting and requested the applicant process a
“down‐zoning”. Since that time, the applicant has pursued the subject PUD case that you will hear on May
6. The LVPC and community provided input throughout the PUD process and during the April 12, 2021 LVPC
meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval
of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural
issues of density and zoning, and made this a much better development than the PHO case. Their vote
approved a maximum of 46 lots total (which conforms to the plan put forth by the community as opposed to
the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building
architecture and landscaping standards stipulations that result in compatible land use and is equivalent to R1‐
18 density. Councilmember Garcia has supported the community with a 46‐lot, R1‐18 plan throughout the
PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

We are always placed at the end of the “Agenda” and through all these years (2008‐2021) and meetings I’ve
attended, I truly have a respect for your positions and the long days you put in as Planning Commission
Members. It has been a very difficult 14 months not being able to meet in person, you hear our voices but you
truly do not “see” US—you get to deal with US through a computer; those who choose not to speak into their
computer would probably speak in person! Please take that into consideration as well, as I feel you should
represent US too!

Sincerely,

Jane Craig
2905 W Ceton Drive
Laveen, AZ 85339‐1744

Sent from Mail [go.microsoft.com] for Windows 10





Page 711
Racelle Escolar

From: Kyle Bronson
Sent: Monday, May 3, 2021 4:19 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,


The subject PUD is the second zoning case at the NWC of 35thAvenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.


I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.


Please stand with the LVPC and community and support the LVPC recommendation in this case.


Thank you,


Jason Groen
4034 W Carver Rd
Laveen, AZ 85339




Page1 712
Sofia Mastikhina

From: Jen <2jsilber@gmail.com>
Sent: Monday, May 3, 2021 6:10 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation




Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high‐density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture, and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,
Jennifer Silber
3821 W. Calle Poco
Laveen, AZ 85339

Sent from my iPhone





Page 713
Racelle Escolar

From: JK Bronson-Groen
Sent: Monday, May 3, 2021 4:17 PM
To: Racelle Escolar; Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35thAvenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Thank you,

Kyle Bronson
4034 W Carver Rd
Laveen, AZ 85339




Page1 714
Racelle Escolar

From: Linda Santellanes
Sent: Monday, May 3, 2021 10:59 PM
To: Racelle Escolar; Council District 8 PCC
Subject: Case PUD Z-60-20-8



Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,



I support this case as recommended by the Laveen Village Planning Committee and I respectfully
request the Planning Commission recommend approval of the April 12 LVPC recommendation when
you hear this case on May 6. The LVPC resolved the structural issues of density and zoning, and
made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the
applicant presented), minimum lot size of 8700 sq. ft., enhanced building architecture and
landscaping standards stipulations that result in compatible land use and is equivalent to R1-18
density. Councilmember Garcia has supported the community with a 46-lot, R1-18 plan throughout
the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Linda Santellanes

11224 South 35th Ave Laveen




Page1 715
Rcvd 5/3/2021

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known
as the Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community
opposition to high density and incompatible land use in this area. Councilmember Garcia led the City
Council in a continuance of the PHO case at the October 2020 City Council meeting and requested the
applicant process a “down‐zoning”. Since that time, the applicant has pursued the subject PUD case
that you will hear on May 6. The LVPC and community provided input throughout the PUD process and
during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation, and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved
the structural issues of density and zoning and made this a much better development than the PHO
case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community, as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq.
ft., enhanced building architecture and landscaping standards stipulations that result in compatible land
use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community with a 46‐
lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC
recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,

Lisa K. Pike

4824 West Estrella Drive

Laveen, Arizona 85339




Page 716
Racelle Escolar

From: Michael Craig
Sent: Monday, May 3, 2021 10:22 AM
To: Racelle Escolar; sophia.mastikhina@phoenix.gov
Cc: council.distrit.8@phoenix.gov
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC April 12th
Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to
high density and incompatible land use in this area. Councilmember Garcia led the City Council in a
continuance of the PHO case at the October 2020 City Council meeting and requested the applicant process a
“down‐zoning”. Since that time, the applicant has pursued the subject PUD case that you will hear on May
6. The LVPC and community provided input throughout the PUD process and during the April 12, 2021 LVPC
meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval
of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural
issues of density and zoning, and made this a much better development than the PHO case. Their vote
approved a maximum of 46 lots total (which conforms to the plan put forth by the community as opposed to
the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building
architecture and landscaping standards stipulations that result in compatible land use and is equivalent to R1‐
18 density. Councilmember Garcia has supported the community with a 46‐lot, R1‐18 plan throughout the
PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Michael Craig
2905 W. Ceton Drive
Laveen, AZ 85339‐1744
Sent from Mail [go.microsoft.com] for Windows 10




Page1 717
Sofia Mastikhina

From: nancy harris
Sent: Monday, May 3, 2021 9:28 AM
To: Sofia Mastikhina
Subject: The Quarry at 35th Ave in K=Laveen



I support the LVPC recommendations for the Quarry in Laveen and ask you to support
them too, as the right yhing to do. Thank you. Nancy Harris....2910 W Ceton
Drive...Laveen





Page 718
Sofia Mastikhina

From: Naoma Holmes
Sent: Monday, May 3, 2021 10:16 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Naoma Holmes
10909 S. 29th Avenue
Laveen, AZ 85339



Sent from Mail [go.microsoft.com] for Windows 10





Page 719
Subject: FW: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC Recommendation



From: Peter Buehlmann
Sent: Monday, May 3, 2021 10:20 AM
To: Racelle Escolar
Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing ‐ Request to Support LVPC Recommendation

Hello

Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as
the Quarry. You heard the PHO version of this case mid-last year and the outpouring of community opposition
to high density and incompatible land use in this area. Councilmember Garcia led the City Council in a
continuance of the PHO case at the October 2020 City Council meeting and requested the applicant process a
“down-zoning”. Since that time, the applicant has pursued the subject PUD case that you will hear on May
6. The LVPC and community provided input throughout the PUD process and during the April 12, 2021 LVPC
meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval
of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural
issues of density and zoning, and made this a much better development than the PHO case. Their vote approved
a maximum of 46 lots total (which conforms to the plan put forth by the community as opposed to the high
density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building architecture and
landscaping standards stipulations that result in compatible land use and is equivalent to R1-18
density. Councilmember Garcia has supported the community with a 46-lot, R1-18 plan throughout the PHO
case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Peter Buehlmann

3026 W Ceton Dr
Laveen AZ 85339




Page1 720
Sofia Mastikhina

From: Holmes, Randy L
Sent: Monday, May 3, 2021 7:50 AM
To: Council District 8 PCC; Racelle Escolar; Sofia Mastikhina
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Randy Holmes
10909 S. 29th Ave
Laveen AZ 85339



Randy L. Holmes
Global Security Technologies Manager
Intel Corporation
(480) 715‐3490 ‐ Work
(480) 619‐1136 – Cell





Page 721
Sofia Mastikhina

From: Randy Jen SILBER
Sent: Monday, May 3, 2021 6:01 PM
To: Sofia Mastikhina; Racelle Escolar
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high‐density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture, and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,
Randy Silber
3821 W. Calle Poco
Laveen, AZ 85339





Page 722
Racelle Escolar

From: Ron Opatril
Sent: Monday, May 3, 2021 10:09 AM
To: Council District 8 PCC
Cc: Racelle Escolar
Subject: Fwd: REMINDER: UPDATE & ACTION NEEDED - Quarry Case PUD Z-60-20-8




Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known
as the Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community
opposition to high density and incompatible land use in this area. Councilmember Garcia led the City
Council in a continuance of the PHO case at the October 2020 City Council meeting and requested the
applicant process a “down‐zoning”. Since that time, the applicant has pursued the subject PUD case
that you will hear on May 6. The LVPC and community provided input throughout the PUD process and
during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend
approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved
the structural issues of density and zoning, and made this a much better development than the PHO
case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the
community, as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq.
ft., enhanced building architecture and landscaping standards stipulations that result in compatible land
use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community with a 46‐
lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC
recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case. Stay
true to the original plan for Laveen, it is the reason most of us live there.

Thank you in advance for your help!



Best regards,



Ron Opatril

3131 West Avion Way



Laveen, AZ 85339




Page1 723
Sofia Mastikhina

From: scott daniels
Sent: Monday, May 3, 2021 9:23 PM
To: Sofia Mastikhina; Racelle Escolar; Council District 8 PCC
Subject: Case PUD Z-60-20-8




Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,



I support this case as recommended by the Laveen Village Planning Committee and I respectfully request the Planning
Commission recommend approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC
resolved the structural issues of density and zoning, and made this a much better development than the PHO
case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by the community as
opposed to the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building
architecture and landscaping standards stipulations that result in compatible land use and is equivalent to R1‐18
density. Councilmember Garcia has supported the community with a 46‐lot, R1‐18 plan throughout the PHO case last
year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Scott Daniels

11224 South 35th Ave Laveen





Page 724
Sofia Mastikhina

From: Chris
Sent: Monday, May 3, 2021 10:37 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Steven Danielson
2943 W. Ceton Drive
Laveen, AZ 85339





Page 725
Sofia Mastikhina

From: Charla Fogle
Sent: Tuesday, May 4, 2021 10:56 AM
To: Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Dear Sofia and Planning Commission Members,

I'm reaching out regarding the above referenced PUD case, the second zoning case at the NWC of 35th Avenue and
Carver Road in Laveen known as the Quarry. You heard the PHO version of this case mid‐last year and the outpouring of
community opposition to high density and incompatible land use in this area. Councilmember Garcia led the City
Council in a continuance of the PHO case at the October 2020 City Council meeting and requested the applicant process
a “down‐zoning”. Since that time, the applicant has pursued PUD Z‐60‐20‐8 that you will hear on May 6. The LVPC and
community provided input throughout the PUD process and during the April 12, 2021 LVPC meeting.

As a resident in the area, I support the LVPC recommendation, and respectfully request the Planning Commission
recommend approval of the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the
structural issues of density and zoning and made this a much better development than the PHO case. Their vote
approved a maximum of 46 lots total (which conforms to the plan put forth by the community as opposed to the high
density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping
standards stipulations that result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has
supported the community with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the
LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,
Charla Fogle
3303 W McNeil Street
Laveen, AZ 85339





Page 726
Racelle Escolar

From: Heather Lott
Sent: Tuesday, May 4, 2021 2:07 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation




Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,




Heather Lott

11610 S. 43rd Ave
Laveen, AZ 85339
...




Page1 727
Sofia Mastikhina

From: Jo Ann Valenta
Sent: Tuesday, May 4, 2021 7:39 AM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,




JoAnn Valenta

3224 W Carver Rd

Laveen, AZ 85339





Page 728
Sofia Mastikhina

From: Kitty A
Sent: Tuesday, May 4, 2021 8:17 AM
To: Sofia Mastikhina
Subject: Fwd: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation

Follow Up Flag: Follow up
Flag Status: Flagged




Sent from my iPad

Begin forwarded message:

From: Kitty A
Date: May 4, 2021 at 8:13:26 AM MST
To: racelle.escolar@phoenix.gov, sofia.mastikhina@phonix.gov, council.district.8@phoenix.gov
Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Sent from my iPad

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road
in Laveen known as the Quarry. You heard the PHO version of this case mid‐last year
and the outpouring of community opposition to high density and incompatible land use
in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a
“down‐zoning”. Since that time, the applicant has pursued the subject PUD case that
you will hear on May 6. The LVPC and community provided input throughout the PUD
process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission
recommend approval of the April 12 LVPC recommendation when you hear this case on
May 6. The LVPC resolved the structural issues of density and zoning, and made this a
much better development than the PHO case. Their vote approved a maximum of 46
lots total (which conforms to the plan put forth by the community as opposed to the
high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced
building architecture and landscaping standards stipulations that result in compatible
land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the
community with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect
his support of the LVPC recommendation.




Page 729
Please stand with the LVPC and community and support the LVPC recommendation in
this case.


Best regards,



Kitty Adlington

3224 W Carver Rd

Laveen, AZ 85339





Page 730
Sofia Mastikhina

From: Mark Fogle
Sent: Tuesday, May 4, 2021 11:21 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Mark R Fogle
3303 W McNeil St
Laveen, AZ 85339





Page 731
Racelle Escolar

From: Heather Lott
Sent: Tuesday, May 4, 2021 2:09 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation



Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,




Michael Lott

11610 S. 43rd Ave

Laveen, AZ 85339




Page1 732
Sofia Mastikhina

From: Steven Dougherty
Sent: Tuesday, May 4, 2021 12:17 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Steven Dougherty; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Sincerely,
Steven Dougherty
Steven@StevenDougherty.com
11222 S 39th Ln
Laveen AZ 85339


CONFIDENTIALITY NOTICE ‐ This e‐mail transmission and any documents, files or previous e‐mail messages attached to
it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a
person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play
this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in
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on the communication is strictly prohibited by the Electronic Communication Privacy Act, 18 U.S.C. 2510‐2521.





Page 733
Sofia Mastikhina

From: C Gunderson
Sent: Wednesday, May 5, 2021 1:22 PM
To: recelle.escolar@phoenix.gov; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation


Planning Commission Members,



The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.



I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.



Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,



Carolyn Gunderson

3514 W Cheyenne Dr.

Laveen, AZ 85339





Page 734
Racelle Escolar

From: Bernadette Buehlmann
Sent: Wednesday, May 5, 2021 1:45 PM
To: Sofia Mastikhina; Racelle Escolar; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC Recommendation



Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Roxanne Screptock
3108 W. Ceton Drive
Laveen, AZ 85339
Roxanne was unable to submit this on her own and gave me permission to do it for her.
(Bernadette Buehlmann)




Page1 735
Racelle Escolar

From: Bernadette Buehlmann
Sent: Wednesday, May 5, 2021 1:49 PM
To: Racelle Escolar; Sofia Mastikhina; Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC Recommendation




Subject: Case PUD Z‐60‐20‐8 for May 6 Planning Commission Hearing – Request to Support LVPC Recommendation

Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the
April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density
and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots
total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Joe Sturt
3108 W. Ceton Drive
Laveen, AZ 85339
Joe was unable to submit this on his own and gave me permission to do it for him.
(Bernadette Buehlmann)




Page1 736
Racelle Escolar

From: D in AZ
Sent: Sunday, May 2, 2021 7:23 PM
To: PDD Planning Commission
Subject: Quarry Case PUD Z-60-20-8 NWC comment/Item #16



Item #16 On April 12th, Quarry Case PUD Z-60-20-8 NWC:


Planning Commission Members,



I am in opposition of the applicant's 61+ high density plan to put in our community. The excessive building in Laveen is
way beyond what it should be to the point that Laveen doesn't have the same charm anymore. Thus, I am urging you to
protect us from this high density in our area. It means the world to the residents that live north and south of Carver Rd
to keep the rural and peaceful setting that we currently have.



On April 12th, the LVPC had recommended a max of 46 lots, min lot size of 8700 and other stipulations for the Quarry
case. If this is brought up as fact, I would ask that you stand with the LVPC and community and support the LVPC
recommendation in this case.




Otherwise, if this is not taken into consideration, this PUD case needs to be denied.

Respectfully,



Darcy Meyer

3535 W Bohl St,

Laveen




Page1 737
Racelle Escolar

From: Margaret Anderson
Sent: Thursday, May 6, 2021 9:30 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Margarete Anderson
2010 W Olney Ave
Phoenix AZ 85041




Page1 738
Racelle Escolar

From: Margarete Anderson
Sent: Thursday, May 6, 2021 9:32 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Tiffany Beyer
2010 W Olney Ave
Phoenix AZ 85041




Page1 739
Racelle Escolar

From: Margarete Anderson
Sent: Thursday, May 6, 2021 9:33 AM
To: Sofia Mastikhina; Racelle Escolar
Cc: Council District 8 PCC
Subject: Fwd: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Vanessa Anderson
2010 W Olney Ave
Phoenix AZ 85041




Page1 740
Racelle Escolar

From: Margarete Anderson
Sent: Thursday, May 6, 2021 9:34 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support LVPC
Recommendation



Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid‐last year and the outpouring of community opposition to high
density and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO
case at the October 2020 City Council meeting and requested the applicant process a “down‐zoning”. Since that time,
the applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of
the April 12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of
density and zoning, and made this a much better development than the PHO case. Their vote approved a maximum of
46 lots total (which conforms to the plan put forth by the community as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1‐18 density. Councilmember Garcia has supported the community
with a 46‐lot, R1‐18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Joe Anderson
2010 W Olney Ave
Phoenix AZ 85041




Page1 741
Racelle Escolar

From: sbarbara74@aol.com
Sent: Thursday, May 6, 2021 1:12 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Case PUD Z-60-20-8 for May 6 Planning Commission Hearing - Request to Support LVPC April 12th
Recommendation


Planning Commission Members,

The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the Quarry. You heard
the PHO version of this case mid-last year and the outpouring of community opposition to high density and incompatible land use in this
area. Councilmember Garcia led the City Council in a continuance of the PHO case at the October 2020 City Council meeting and
requested the applicant process a “down-zoning”. Since that time, the applicant has pursued the subject PUD case that you will hear
on May 6. The LVPC and community provided input throughout the PUD process and during the April 12, 2021 LVPC meeting.

I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the April 12 LVPC
recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density and zoning, and made this a
much better development than the PHO case. Their vote approved a maximum of 46 lots total (which conforms to the plan put forth by
the community as opposed to the high density plan the applicant presented), minimum lot size of 8700 sq. ft., enhanced building
architecture and landscaping standards stipulations that result in compatible land use and is equivalent to R1-18
density. Councilmember Garcia has supported the community with a 46-lot, R1-18 plan throughout the PHO case last year and we
expect his support of the LVPC recommendation.

Please stand with the LVPC and community and support the LVPC recommendation in this case.

Best regards,

Barbara J. Sherman
1731 W. Steinway Drive
Phoenix, AZ 85041




Page1 742
$WWDFKPHQW+

Sofia Mastikhina

From: Vializ, Lisa
Sent: Monday, April 12, 2021 10:42 AM
To: Sofia Mastikhina
Subject: Letter of Opposition - PUD Case Z-60-20-8, April 12 LVPC, Agenda Item 5

Importance: High


HiSofia,
PleaseforwardthisemailtotheLVPCmembersandincludeitinthecasefileforZͲ60Ͳ20Ͳ8.‘Seeyoutonightস
঻’!



Thankyou!
LisaVializ

****

LaveenVillagePlanningCommitteeMembers,

PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.AttheApril12LVPCmeeting,IrespectfullyrequesttheLVPCunanimouslyrejectthiscaseandinstead
recommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.

TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”.

ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Theissueisandalwayshasbeenaboutdensityandzoning.Laveenlacksdiversityoflargelotsandthisisthearea
forthem!TheareasouthofCarverFoothillsisspecialanddeservessomuchbetter.Afewofthemanyreasonstodeny
thisPUDasfiledare:

x Thenumberoflotsandthedensityisstilltoohigh.
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterestof
theneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorandcompatible
planthananythingthisapplicanthasproposedoverthecourseofayear.

Page 743
x APUDsetsabadprecedenceforthisareaandsurroundundevelopedland.

ThisPUDcaseisnosignificantimprovement(itisawatereddownversion)overthePHOcase.Theapplicantisrunning
bothcasesinparalleltomaskthestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.

Densityandzoningareextremelyimportantandiswhythelargeoppositionexiststothisday.Asyoucanseefromthe
belowrecentphoto,immediateneighbors,communityleadersandothersacrossLaveenareunitedandstillagainsthigh
densityinthisarea.





Pleasesupportthecommunity!Again,denythiscaseasfiledandinsteadrecommendapprovalofthecommunity
proposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.

Bestregards,

LisaVializ
8921S53rdDr.
Laveen,AZ85339
602Ͳ741Ͳ5722
belairdream57@me.com






Page 744
Sofia Mastikhina

From: 2017 Camaro
Sent: Monday, April 12, 2021 11:07 AM
To: Sofia Mastikhina
Subject: Letter of Opposition - PUD Case Z-60-20-8, April 12 LVPC, Agenda Item 5





GoodMorningSofia

PleaseforwardthisemailtotheLVPCmembersandincludeitinthecasefileforZͲ60Ͳ20Ͳ8fortonight's
meeting.



Thankyou!

IvanVializ



****



LaveenVillagePlanningCommitteeMembers,



PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownasthe
Quarry/CarverMountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwere
rightlyunanimousinyourdenialofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotlet
yourunanimityorsupportofthecommunitywane.AttheApril12LVPCmeeting,Irespectfullyrequest
theLVPCunanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor
46lotsandaconventionalR1Ͳ18zoningdistrict.



TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethe
partstating“the0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouth
MountainPark.Thelatterparcelsareappropriateforlowdensitydevelopmentduetothetopographyof
slopesandwashesandthedesertvegetation.Themajorityofthe0Ͳ2propertyistoserveasabuffer
betweenexistinglowerdensitylotsandnewsubdivisionswiththemorestandard2Ͳ5du/a.”.



ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18
proposalare0Ͳ2du/a.Theissueisandalwayshasbeenaboutdensityandzoning.Laveenlacks

Page 745
diversityoflargelotsandthisistheareaforthem!TheareasouthofCarverFoothillsisspecialand
deservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiledare:



x Thenumberoflotsandthedensityisstilltoohigh.
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthe
previousinferiorsiteplanfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,
whichiscompatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursof
thesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedinthe
application/narrativethatstatestheapplicantMAYvs.SHALLorWILL.Thestipulationsinthe
PHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.This
blankcheckor“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcase
andisnotinthebestinterestoftheneighborhoodorbroaderLaveenVillage.Thisspecialarea
ofLaveendeservesafarsuperiorandcompatibleplanthananythingthisapplicanthasproposed
overthecourseofayear.
x APUDsetsabadprecedenceforthisareaandsurroundundevelopedland.



ThisPUDcaseisnosignificantimprovement(itisawatereddownversion)overthePHOcase.The
applicantisrunningbothcasesinparalleltomaskthestructuralandrealissuesofdensityandzoning
andto“seewhatsticks”.



Densityandzoningareextremelyimportantandiswhythelargeoppositionexiststothisday.Asyou
canseefromthebelowrecentphoto,immediateneighbors,communityleadersandothersacross
Laveenareunitedandstillagainsthighdensityinthisarea.





Page 746


Pleasesupportthecommunity!Again,denythiscaseasfiledandinsteadrecommendapprovalofthe
communityproposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.



Bestregards,



IvanVializ

8921S53rdDr.

Laveen,AZ85339

602Ͳ743Ͳ5427

lvializ@cox.net










Page 747
Sofia Mastikhina

From: Donna Schober
Sent: Monday, April 12, 2021 12:27 PM
To: Sofia Mastikhina
Subject: PUD Z-60-20-8



DearMs.Mastikhina,

WeareLaveenresidentsofmorethan22years,neartheprojecttitledPUDZͲ60Ͳ20Ͳ8.Wearestrongly
opposedtothisprojectmovingforwardbecauseofthehighdensityandthezoningoriginallyspecifiedforthis
particularpieceofproperty.

WeasktheLVPCtodenythiscase.WerecommendtheproposalstronglysupportedbytheLaveen
communityof46lotsandaconventionalzoningofR1Ͳ18.

Thankyouforconsideringouropinionofthismatter.

Sincerely,

DonnaJ.Schober
MarvinA.Sondag

10840S.30thAve
Laveen,AZ85339

602Ͳ237Ͳ4887








Page 748
Sofia Mastikhina

From: C Gunderson
Sent: Sunday, April 11, 2021 9:03 PM
To: Sofia Mastikhina
Subject: Quarry Case PUD Z-60-20-8


LaveenVillagePlanningCommitteeMembers,



PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.


TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”



ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:



x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterest
oftheneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorand
compatibleplanthananythingthisapplicanthasproposedoverthecourseofayear.




Page 749
ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.





Bestregards,



CarolynGunderson

3514WCheyenneDr.

Laveen,AZ85339





Page 750
Sofia Mastikhina

From: Kingston, Tom
Sent: Friday, April 9, 2021 1:10 PM
To: Sofia Mastikhina
Subject: Opposition to High Density at 35th Ave. and Carver Rd.


LaveenVillagePlanningCommitteeMembers,



PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.



TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”



ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:



x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterestof
theneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorandcompatible
planthananythingthisapplicanthasproposedoverthecourseofayear.



Page 751
ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.





Bestregards,

TomKingston

11820S.38thAve.LaveenAZ,85339









Page 752
Sofia Mastikhina

From: Tayler Bell
Sent: Friday, April 9, 2021 12:22 PM
To: Sofia Mastikhina
Subject: Opposition to PUD Z-60-20-8



Laveen Village Planning Committee Members,

I ask that you please vote to deny the PUD application Z-60-20-8 that will come before you on
Monday, April 12, and move to support the community proposal of 46 lots and a conventional R1-18
zoning district for the Carver Mountain development.

This PUD case is a repackaging of the PHO case 1-19-Z-165-06-7(8) that you unanimously denied
previously. It is an attempt by the applicant to put lipstick on a pig and present it as a compromise.
But it still stinks and doesn't meet the primary concerns of the community.

The priority for the community is and always has been zoning and density. The applicant likes to
highlight that a PUD is more restrictive than a traditional zoning application and so should be more
attractive for the community, but the stipulations are primarily cosmetic in nature. The density of the
PUD is still incompatible with the surrounding area and the inferred zoning of their 61-lot plan sets an
irreversible precedent for future development.

The applicant also likes to cite the Laveen Southwest Growth Study to show they have listened to the
neighbors' concerns. Again, they cherry picked low hanging fruit that is mostly cosmetic. They fail to
address the part that states, "...the 0-1 designation was placed on properties adjacent to the Carver
Foothills and South Mountain Park. The latter parcels are appropriate for low density development
due to the topography of slopes and washes and the desert vegetation. The majority of the 0-2
property is to serve as a buffer between existing lower density lots and new subdivisions with the
more standard 2-5 du/a.”

Laveen is growing rapidly. That growth is one of the reasons my husband and I moved to this area
just over 2 years ago. We are not opposed to growth and development. We are, however, in favor of
responsible development that also preserves the unique rural lifestyle of this area that hardly exists
anywhere else in the Valley. We moved here looking for a lifestyle you can't find anywhere else.
Please, don't allow this beautiful corner of the Valley to turn into just another Gilbert, Chandler, or
cookie cutter American suburb.

Thank you for your continued support and representation of the community in this case.


Sincerely,

Tayler Burchard
11244 S 35th Ave
Laveen, AZ 85339





Page 753
Sofia Mastikhina

From: Kingston, Suzanne
Sent: Friday, April 9, 2021 11:00 AM
To: Sofia Mastikhina
Subject: Opposition to High Density 35th Ave. & Carver


LaveenVillagePlanningCommitteeMembers,



PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.


TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”



ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:



x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterest
oftheneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorand
compatibleplanthananythingthisapplicanthasproposedoverthecourseofayear.




Page 754
ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.





Bestregards,

SuzanneKingston

11820S.38thAve.

Laveen,AZ85339


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Page 755
Sofia Mastikhina

From: Neal Haddad
Sent: Friday, April 9, 2021 11:55 AM
To: Sofia Mastikhina
Cc: Paul Barnes
Subject: COMMENT SUBMISSION: LVPC 4.12.21, Item #4: PUD Z-60-20-8


Please add the below statement to the subject file. Thank you.

RE:PUDZͲ60Ͳ20Ͳ8
VIAEMAIL



MembersoftheLaveenVillagePlanningCommittee—

AspeoplewhohavefollowedthiscasefromitsinitialPHOhearingthroughnow,weaskthatyoumovetodenythe
applicationandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict. TheLVPCunanimouslydeniedthepreviousapplication;tobestrepresentresidentsandthe
community'swishes,weimplorecurrentmemberstodenytheapplicationagain.
Asmembersknow,Laveenisauniqueareawithinthe519sq.mi.thatcomprisetheCityofPhoenix.Inour
view,theapplicationbeforeyoudoesnotconsidertheLaveencommunity'sspecialattributesandinstead
seeksonlytomaximizetheprofitsoftheapplicant.
Aftermuchproceduraldelayandcontinuances,theapplicanthaspreparedandsubmittedaPlannedUnit
Development(PUD).ThekeyphraseintheordinanceastowhythePUDispermittedistoprovidea
"superiorbuiltenvironment"totraditionalzoning.Justhowisthisapplicationsuperior?
BypursuingaPUDoption,theapplicantis,forzoningpurposes,creatingitsownrulesand,ineffect,itsown
community.AnydevelopmentthatgoesinthatsiteispartoftheLaveencommunityandrequiresthe
community'sadviceandconsent.
Considerthesepoints:
x Theproposed61lotsat3+densityunitsperacreremainsutterlyincompatiblewiththearea.
x Whyaren'tyouapplyingthelegallybindingstipulationinthePHOcaseofzoningreversion(sothat
thezoningrevertstothepreviouszoning)?
x Thisplanisnotareductioninzoning(akadownͲzoning).Itissimplyarepackagingoftheprevious
inferiorsiteplanfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandtheneighbors'proposalof46lotsatR1Ͳ18
zoning,whichiscompatiblewiththeareaandisanexecutablesiteplanwithconforming
stipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkadequatelytoconsiderthesite's
elevationsandcontours.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.

Page 756
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrative
thatstatestheapplicantMAYvs.SHALLorWILL.ThestipulationsintheoriginalPHOcasearemore
stringentthanthePUD.Whyarethesestipsbeingreducedatthisstageoftheprocess?
APUDatthissiteisnotinthebestinterestoftheneighborhoodorbroaderLaveenVillage.Thisparticular
areaofLaveendeservesafarsuperiorandcompatibleplanthananythingthisapplicanthasproposedfor
morethanayear.
ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesin
parallel,complicatingthecasetomaskthestructuralandrealissuesofdensityandzoningandto"seewhat
sticks."
Neighborsunderstandthesepointsandhavestuckwiththisarduousandarcaneprocessforyears.The
communityisnotgoingtoletup.
ThiscasewillheadtothePlanningCommissionandthentotheCityCouncil.Weareconstantlytoldthatthe
VPCsaremeanttorepresenttheneighborsandprovideavoiceforthecommunity.Ifthatisthecase,your
choiceisclear.
Pleasesupportyourcommunity!Denythiscaseasfiledandinsteadrecommendapprovalofthecommunity
proposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.
Respectfully,
B.PaulBarnes
NealHaddad
NeighborhoodCoalitionofGreaterPhoenix









Page 757
Sofia Mastikhina

From: Irma Cazarez
Sent: Friday, April 9, 2021 3:29 PM
To: Sofia Mastikhina
Subject: Letter of Opposition - PUD Case Z-60-20-8, April 12 LVPC, Agenda Item 5


Laveen Village Planning Committee Members,

I am a long-time resident of Laveen Village. Together with my husband, we anchored ourselves in the general
South Mountain area back in 2003. As a young family, with a drive for adventure and highly in tune with
nature, we sought something that offered more of a sense of community, open space, and natural Arizona
landscape. We carefully and patiently looked for an opportunity and in 2008, we identified our forever home
located south of Carver Mountain. There she stood little Miss Shawnee (as I refer to her), tall and proud and
ready for some much-needed love. We’ve dressed her up, given her love through the years and we continue
to be blessed by her warmth. 

We have been fortunate enough to see our children grow and come of age. They roam within the
neighborhood with no concerns and with confidence. They venture off on the mountain for afternoon
hikes. More importantly, they’ve been lucky to grow with a true sense of community where most of our
neighbors know one another and selfishly give each other a hand when needed. 

As a family, we love the open space this area offers and we'd love for this area to retain its charm. We are not
opposed to growth or change as we are well aware that change is inevitable. However, we ask that you please
evaluate the proposed development and realize that as proposed, both PUD Z-60-20-8, as well as the PHO-1-
19-Z-165-06-7(8), do not align with the area. They are both incompatible where the proposed density is much
greater than the surrounding area. The area south of Carver Foothills is special and deserves an opportunity to
flourish in a more compatible manner. We ask that you reject this case and instead recommend the approval
of the community proposal of 46 lots and a conventional R1-18 zoning district. 

A few of the many reasons to deny this PUD as filed are:

x The number of lots and the density is still too high
x The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
x This plan is not a reduction in zoning (aka: down-zoning). It is simply a repackaging of the previous
inferior site plan from case PHO-1-19-Z-165-06-7/8.
x The applicant continues to ignore the community and our proposal of 46 lots at R1-18 zoning, which is
compatible with the area, and is an executable site plan with conforming stipulations.
x The proposed conventional flat-land site plan does not work with the elevations and contours of the
site.
x The applicant has not provided adequate open space or landscaping buffers.
x The PUD may look good on paper, but too many things are open-ended in the application/narrative that
states the applicant MAY vs. SHALL or WILL. The stipulations in the PHO case are more stringent
than the PUD.
x A PUD in general does not provide specific details or requirements of what will be built. This blank
check or “framework of development standards” is inferior to a conventional zoning case and is not in
the best interest of the neighborhood or broader Laveen Village. This special area of Laveen deserves
a far superior and compatible plan than anything this applicant has proposed over the course of a year.

This PUD case is no significant improvement over the PHO case. The applicant is running both cases in
parallel to mask the structural and real issues of density and zoning and to “see what sticks”. Please support
the community! Again, deny this case as filed and instead recommend approval of the community proposal for
46 lots and a conventional R1-18 zoning district. 

Page 758

Best Regards,

Irma Cazarez
3517 W Shawnee Dr
Laveen, AZ 85339

Orlando Cazarez
3517 W Shawnee Dr
Laveen, AZ 85339












Page 759
Sofia Mastikhina

From: Gina Abbott
Sent: Friday, April 9, 2021 3:43 PM
To: Sofia Mastikhina
Subject: Quarry Case PUD Z-60-20-8




LaveenVillagePlanningCommitteeMembers,



PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.



TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”



ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:



x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterestof
theneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorandcompatible
planthananythingthisapplicanthasproposedoverthecourseofayear.

Page 760


ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.



IjustbuiltahomeoutherelastyearandthereasonIchosethisareawasbecauseitwaslikethecountry.Wehadto
haveanacreinordertobuildahouseanditisnicenottobesoclosetotheneighborshouse!Iloveitbecauseit’s
peaceful,Iloveitbecausewehavesomanyanimalswildanddomesticouthere,Iloveitbecauseweallknoweach
otherbecausewe’renotsodenselypopulated.

Idonotwanttoseeitruinedbymoretraffic,morepollutionandmorepeople!Pleasedonotletthiscompanycreate
thisdevelopmentthewaythattheywantit!Ifyouallowthesepeopletodowhattheywant,therewilldefinitelybe
morethatwillfollowanditwilltotallydestroyourarea!



Bestregards,

ReginaAbbott

3832WFoxRd

LaveenAZ85339







Page 761
Sofia Mastikhina

From: Nicole Glasgow
Sent: Thursday, April 8, 2021 4:53 PM
To: Sofia Mastikhina
Subject: Pud z-60-20-8


LaveenVillagePlanningCommitteeMembers,

PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.

TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”

ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:

x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterestof
theneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorandcompatible
planthananythingthisapplicanthasproposedoverthecourseofayear.

ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.


BestreLaveenVillagePlanningCommitteeMembers,




Page 762
PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.

TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”

ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:

x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterestof
theneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorandcompatible
planthananythingthisapplicanthasproposedoverthecourseofayear.

ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.


Bestregards,


ThomasGlasgow
3717westCarverRd
Laveen,AZ85339





Page 763
Sofia Mastikhina

From: Nicole Glasgow
Sent: Thursday, April 8, 2021 4:57 PM
To: Sofia Mastikhina
Subject: Pud z-60-20-8


LaveenVillagePlanningCommitteeMembers,

PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.

TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”

ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:

x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterestof
theneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorandcompatible
planthananythingthisapplicanthasproposedoverthecourseofayear.

ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.


Bestregards,
NicoleGlasgow
3717westCaverRd


Page 764
Laveen,AZ85339





Page 765
Sofia Mastikhina

From: lynette cook
Sent: Thursday, April 8, 2021 9:20 PM
To: Sofia Mastikhina
Subject: PUD Z-60-20-8



Laveen Village Planning Committee Members,

PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownasthe
Quarry/CarverMountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwere
rightlyunanimousinyourdenialofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotlet
yourunanimityorsupportofthecommunitywane.Unanimouslyrejectthiscaseandinstead
recommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.

The applicant likes to use the Laveen Southwest Growth Study in their narrative but fails to include the
part stating“ the 0-1 designation was placed on properties adjacent to the Carver Foothills and South
Mountain Park. The latter parcels are appropriate for low density development due to the topography of
slopes and washes and the desert vegetation. The majority of the 0-2 property is to serve as a buffer
between existing lower density lots and new subdivisions with the more standard 2-5 du/a.”

ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18
proposalare0Ͳ2du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsand
thisistheareaforthem!TheareasouthofCarverFoothillsisspecialanddeservessomuchbetter.A
fewofthemanyreasonstodenythisPUDasfiledare:

x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthe
previousinferiorsiteplanfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,
whichiscompatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursof
thesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedinthe
application/narrativethatstatestheapplicantMAYvs.SHALLorWILL.Thestipulationsinthe
PHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.This
blankcheckor“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcase
andisnotinthebestinterestoftheneighborhoodorbroaderLaveenVillage.Thisspecialarea
ofLaveendeservesafarsuperiorandcompatibleplanthananythingthisapplicanthasproposed
overthecourseofayear.

ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesin
paralleltomaskthestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Please
supportthecommunity!Again,denythiscaseasfiledandinsteadrecommendapprovalofthe
communityproposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.


Best regards,


Page 766
Lynette Wiltgen
2214 W, Ian Dr.
Phoenix, AZ 85041





Page 767
Sofia Mastikhina

From: Jen Leitch <4jenleitch@gmail.com>
Sent: Thursday, April 8, 2021 11:13 PM
To: Sofia Mastikhina
Subject: Opposition to PUD Z-60-20-8






Laveen Village Planning Committee Members,

Undoubtedly you are receiving many letters that look like this. That is because the community is in complete agreement that this
project is not right for us. Please consider all of the points below as you are making your decision. Please support our requested
changes to this case.

PUDZͲ60Ͳ20Ͳ8asecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.


The applicant likes to use the Laveen Southwest Growth Study in their narrative but fails to include the part stating“ the 0-1
designation was placed on properties adjacent to the Carver Foothills and South Mountain Park. The latter parcels are
appropriate for low density development due to the topography of slopes and washes and the desert vegetation. The majority of
the 0-2 property is to serve as a buffer between existing lower density lots and new subdivisions with the more standard 2-5
du/a.”




ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:



x The number of lots and the density is still too high
x The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
x This plan is not a reduction in zoning (aka: down-zoning). It is simply a repackaging of the previous inferior site plan
from case PHO-1-19-Z-165-06-7/8.
x The applicant continues to ignore the community and our proposal of 46 lots at R1-18 zoning, which is compatible with
the area, and is an executable site plan with conforming stipulations.
x The proposed conventional flat-land site plan does not work with the elevations and contours of the site.
x The applicant has not provided adequate open space or landscaping buffers.
x The PUD may look good on paper, but too many things are open-ended in the application/narrative that states the
applicant MAY vs. SHALL or WILL. The stipulations in the PHO case are more stringent than the PUD.
x A PUD in general does not provide specific details or requirements of what will be built. This blank check or “framework
of development standards” is inferior to a conventional zoning case and is not in the best interest of the neighborhood or
broader Laveen Village. This special area of Laveen deserves a far superior and compatible plan than anything this
applicant has proposed over the course of a year.



Page 768
ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.


Jen Leitch

10109 S. 29th Drive









Page 769
Sofia Mastikhina

From: D in AZ
Sent: Thursday, April 8, 2021 1:07 PM
To: Sofia Mastikhina
Subject: Opposition to PUD Z-60-20-8 - Carver Mtn/Quarry


Hello,First,ifyoudon'tknowwherethispropertyis,Iencourageyoutotakeacarridetoseeouruniqueareaas
comparedtotherestofSouthPhoenix.YourdecisionwillimpactourquietwayoflifeandIwantyoutoseeforyourself
thathighdensitytothissideofCarverMountainwouldchangethelandscapeandfeeltoourcommunity.Iwon'tbore
youwithallthedetailsandhistoryasI'msureotherswillsendadetailedaccountoftheiroppositionandIwillbe
speakingatthemeeting,butIamurgingyoutodenyPUDZͲ60Ͳ20Ͳ8LVPCasfiledandrecommendinsteadthe
communityproposalof46lotsandaconventionalzoningofR1Ͳ18.

Thankyou,
DarcyMeyer
3535WBohlSt
LaveenVillageAZ85339









Page 770
Laveen Village Planning Committee Members,

PUD Z-60-20-8 is a second and separate case at the NWC of 35th Avenue and Carver Road, known as the
Quarry/Carver Mountain. You, this Village, were supportive of the community and early last year were
rightly unanimous in your denial of the PHO version of this case, PHO-1-19-Z-165-06-7(8). Do not let
your unanimity or support of the community wane. Unanimously reject this case and instead
recommend approval of the community proposal for 46 lots and a conventional R1-18 zoning district.

The applicant likes to use the Laveen Southwest Growth Study in their narrative but fails to include the
part stating“ the 0-1 designation was placed on properties adjacent to the Carver Foothills and South
Mountain Park. The latter parcels are appropriate for low density development due to the topography of
slopes and washes and the desert vegetation. The majority of the 0-2 property is to serve as a buffer
between existing lower density lots and new subdivisions with the more standard 2-5 du/a.”

ALL the adjacent and nearby parcels, including the applicant’s 40-acre site and the community R1-18
proposal are 0-2 du/a. Density and zoning are the issues here. Laveen lacks diversity of large lots and
this is the area for them! The area south of Carver Foothills is special and deserves so much better. A
few of the many reasons to deny this PUD as filed are:

x The number of lots and the density is still too high
x The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
x This plan is not a reduction in zoning (aka: down-zoning). It is simply a repackaging of the
previous inferior site plan from case PHO-1-19-Z-165-06-7/8.
x The applicant continues to ignore the community and our proposal of 46 lots at R1-18 zoning,
which is compatible with the area, and is an executable site plan with conforming stipulations.
x The proposed conventional flat-land site plan does not work with the elevations and contours of
the site.
x The applicant has not provided adequate open space or landscaping buffers.
x The PUD may look good on paper, but too many things are open-ended in the
application/narrative that states the applicant MAY vs. SHALL or WILL. The stipulations in the
PHO case are more stringent than the PUD.
x A PUD in general does not provide specific details or requirements of what will be built. This
blank check or “framework of development standards” is inferior to a conventional zoning case
and is not in the best interest of the neighborhood or broader Laveen Village. This special area
of Laveen deserves a far superior and compatible plan than anything this applicant has proposed
over the course of a year.

This PUD case is no significant improvement over the PHO case. The applicant is running both cases in
parallel to mask the structural and real issues of density and zoning and to “see what sticks”. Please
support the community! Again, deny this case as filed and instead recommend approval of the
community proposal for 46 lots and a conventional R1-18 zoning district.


Respectfully,

Christine Danielson
2943 W. Ceton Dr.
Laveen, AZ 85339-1744




Page 771
Sofia Mastikhina

From: BDM
Sent: Thursday, April 8, 2021 1:39 PM
To: Sofia Mastikhina
Subject: Letter to Oppose PUD Z-60-20-8



To whom it may concern,
Many of you may be new to the LVPC, but there is a PUD case that you will hear about on Apr
12. The applicant of PUD Z-60-20-8 has a parallel case PHO-1-19-Z-165-06-7/8 that has dragged on
because of the opposition of the neighbors. This PUD case involves more high density and zoning
issues that are not compatible with our area. If you know our area, it has half to one acre (and more)
lots. There are horse properties and lots of open space and it’s silent and dark at night. Who
wouldn’t want to live in a community like this?

The community does not support this PUD or PHO case. High density housing does not fit in this
area. Please deny PUD Z-60-20-8 as filed.

Sincerely,
Benjamin Meyer
3535 W Bohl St
Laveen, AZ 85339







Page 772
Sofia Mastikhina

From: Scott Johnson
Sent: Wednesday, April 7, 2021 9:17 AM
To: Sofia Mastikhina
Cc: 'Cyd Manning'
Subject: RE: Letter of Opposition - PUD Case Z-60-20-8, April 12 LVPC, Agenda Item 5



HiSofia:

Youcanaddmetotheoppositionlettersonthisfileplease.Ipreviouslyprovideanopposition
letterandspokeinoppositionattheLVPChearingonthecompanionPHOcaseforthissite,so
willnotrepeatallofthathere.

Sufficeittosay,thecurrentPUDapplicationisnotsubstantivelydifferentfromtheprevious
PHOapplicationfromthestandpointofthecommunity.Thisapplicanthasnot,inmyopinion,
dealtwitheitherthecommunityorCouncilmanGarciaingoodfaithonthismatter.They
continuetopushahighdensityprojectinalowdensityarea.TheCityhascontinuallyfailedto
taketheappropriateactionwithregardtothezoningreversiononthisproperty,allowingthe
ownertopushaninappropriatenumberofunitsintheirapplication(s).

IurgetheLVPCtorecommenddenialofthisapplication.

Thankyou,ScottJohnson

ScottA.Johnson,P.E.
President
ScottJohnsonConsultingEngineersLLC
2030WestBaselineRoad,Suite182Ͳ223
Phoenix,Arizona85041
Phone:602Ͳ237Ͳ9609Fax:602Ͳ237Ͳ7672
Cell:602Ͳ320Ͳ2382sjohnson@scottjce.com

From:CydManning
Sent:Tuesday,April6,20215:33PM
To:sofia.mastikhina@phoenix.gov
Subject:LetterofOppositionͲPUDCaseZͲ60Ͳ20Ͳ8,April12LVPC,AgendaItem5
Importance:High

HiSofia,
Ihopeyouaredoingwell.PleaseforwardthisemailtotheLVPCmembersandincludeitinthecasefileforZͲ60Ͳ20Ͳ8.

Thankyouandbestregards,
Cyd


Page 773
****

LaveenVillagePlanningCommitteeMembers,

PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.AttheApril12LVPCmeeting,IrespectfullyrequesttheLVPCunanimouslyrejectthiscaseandinstead
recommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.

TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”.

ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Theissueisandalwayshasbeenaboutdensityandzoning.Laveenlacksdiversityoflargelotsandthisisthearea
forthem!TheareasouthofCarverFoothillsisspecialanddeservessomuchbetter.Afewofthemanyreasonstodeny
thisPUDasfiledare:

x Thenumberoflotsandthedensityisstilltoohigh.
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterestof
theneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorandcompatible
planthananythingthisapplicanthasproposedoverthecourseofayear.

ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Attheendofthisletter,I’veincludedthe
longhistoryprovidedyouviaPlanninginDecember2020andI’veattachedthecommunityplanforyourreference.Feel
freetocontactmeatanytimeifyouhavequestions.

Densityandzoningareextremelyimportantandiswhythelargeoppositionexiststothisday.Asyoucanseefromthe
belowrecentphoto,immediateneighbors,communityleadersandothersacrossLaveenareunitedandstillagainsthigh
densityinthisarea.





Page 774

Pleasesupportthecommunity!Again,denythiscaseasfiledandinsteadrecommendapprovalofthecommunity
proposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.

Bestregards,

CydManning
3220W.CetonDrive
480Ͳ747Ͳ0769
sweetbeat@q.com

History/SummaryProvidedDecember16,2020ͲPostPUDInformationalMeetingatLVPC

ExecutiveSummary:
Theoriginalcasein2006/2007wasverycontentiousduetothehighͲdensitydevelopmentplaninanareathatfor25+
yearshasbeenplannedtobe0Ͳ1homesperacre.Thisincompatiblelanduseofspeculativespotzoningwaspushed
throughregardlessofcommunityinvolvement.Thelargeoutpouringofcommunityoppositionremainstodaywiththe
currentcase/PHOapplicationPHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.Theapplicant/owner’srevisedproposalof63(recently61)lots
onthe20ͲacreportionwithnozoningdistrictchangefromR1Ͳ8isstillincompatiblelanduseat3timesthedensityof
adjacentandnearbyparcelszonedatR1Ͳ18andREͲ35.TheyalsohaveanactiveProposition207waiveronfilethat
waivestheirrighttosuetheCityofPhoenix.

AsyouheardwiththePUDcaseonMonday,theissuehasbeenandisaboutzoninganddensity.






Page 775


Thecommunityhascontinuedtoproposeacompatiblelandusealternative(describedabove)withaconformingsite
planandapplicablestipulationrevisions,alongwithazoningdistrictchange,thatissupportedbyCouncilmember
Garcia.Thisoptionessentially“splitsthebaby”withthecommunitymovinguptwozoningdistrictsandthe
applicant/ownermovingdowntwozoningdistricts.Ourproposalisatruemiddlegroundand“cutstothechase”given
theCity’sinabilitytocodifythezoningreversionrequiredin2011,alongwiththerealignmentoftheGeneralPlan,to0Ͳ1
du/a.

Youcanclearlyseebythegreenarrowsinthebelowgraphthatthecommunityhascompromisedsignificantlymore
thantheapplicant.






x NoteͲThe20Ͳacreand40Ͳacreparcelsarezonedseparatelyandcannotbecalculatedtogether


Page 776
ThePHOcasewascontinuedtwice(July1standAugust26th)attheapplicantsrequesttoreviewandrespondtothe
communityproposal.Theapplicantcontactedus6+weeksaftertheJuly1stcontinuanceandhadnotperformeda
detailedreview/analysisofourplan.AftertheAugust26thcontinuance,theapplicantreachedoutafter3weeksto
proposezerozoningchangeandatokenreductionof2lots(63to61).ThePHOcasewassetfortheCouncilagendaon
October7andendedupbeingcontinuedforathirdtime.Inthemotiontocontinue,CouncilmemberGarciastatedhis
motionwas“tocontinuethisitemfor6monthstotheAprilformalmeetingtoallowthepropertyownertofileazoning
casetodownͲzonetheproperty”.ThePHOcaseisscheduledtobeheardattheApril7,2021CityCouncilformal
meeting.

NowtheapplicanthasfiledasecondandseparatecaseforaPUD,ZͲ60Ͳ20Ͳ8.ThisnewPUDcaseisnotadownͲzoning
(e.g.reductioninzoning).ItissimplyarepackagingofthePHOcase.

CaseHistoryDetails:
x Weareresidentsofallsocialandeconomicbackgroundswhohaveworkedhardforourhomesandloveour
community.Eventhoseneighborswithoccupationswhostandtobenefitfrommoredevelopment(e.g.realtors,
insuranceagents,civilengineers,contractors,etc.)havebeenandareopposedtothishighͲdensitydevelopment
becauseitdoesnotfitthearea.Wearenotagainstchange,development,growthoraffordablehousing.We
areforresponsibledevelopmentthatiscompatiblewiththearea.WehavesupportedhighͲdensity
developments,includingseveralcasesinthelastyear+,becausetheyfittheareabeingproposed.
x Thevideoofourareaisonly42secondslongandcanbeplayeddirectlyfromthissecureDropbox
link:https://www.dropbox.com/s/0tfmz2e6htiasqd/Laveen.mp4?dl=0[dropbox.com]
x TheoriginalGPAandZoningcasesin2006/2007wereverycontentiousandlastedalmost1year(GPAͲLVͲ2Ͳ06Ͳ7
andZͲ165Ͳ06Ͳ7)
o Owner/applicantproposed:
ƒ GPA5Ͳ10du/afrom0Ͳ1Residential/Parks/OpenSpace
ƒ R1Ͳ18,40acres,22lotsat.56du/a
ƒ R2,20acres,136multiͲfamilyunitsat6.8du/a
o Significantcommunityopposition
ƒ 200+communitymemberspetitionedinopposition;LVPC&LCRDunanimouslyopposed;GPA
andZoningcasesappealed
ƒ District7candidatesPastor&Nowakowskiopposed;CouncilmembersJohnsonandSimplot
votedinopposition
o Claimsofblight,hazardousmaterial,etc.wereallprovedtobefalse
o TohelpprotecttheneighborhoodfromspeculativespotzoningandincompatiblehighͲdensity
development,thenMayorGordoninsistedonincludingatimestipulation(Stipulation19)forzoning
reversionifdevelopmentdidnotoccurin48months.
o Ultimatelythe40ͲacreportionatR1Ͳ18and22lots,the20ͲacreportionatR1Ͳ8with99detachedvillas,
andStipulation19forzoningreversionwasapprovedandcodifiedinOrdinanceGͲ5020
x TheCitydidfollowprocessinJuly2008andcodifiedaGPAalignmentonthisparcel
o ThePlanningDirectorletterinthecasefilestates“TheLaveenVillagePlanningCommitteeinitiatedGPAͲ
LVͲ1Ͳ08Ͳ7tocreateconsistencybetweentheLandUseMapandtheapprovedR1Ͳ8zoningandtoavoid
creatingaprecedentforhigherdensitiesonthesurroundingparcels.”
x ThecurrentPHOcaseisequallycontentiouswiththeapplicant/ownerignoringthecommunity’sinputuntil
encouragedbyCouncilmemberGarcia
o Theapplicantcontinuestoignore,orclaimstobesurprised,thatzoningisandhasbeentheissuefor13
years
o Significantcommunityoppositionremains:
ƒ 140+communitymembersinoppositionatLVPC;40+communitymembersinoppositionat
PHO;70+communitymembersinoppositionatPlanningCommission
ƒ LVPC&LCRDunanimouslyopposed;significantlyover250+communityletterssubmittedin
oppositiontodate
ƒ PHOandPlanningCommissionrecommendationswereappealed


Page 777
ƒ CouncilmemberGarciaandothercommunityleadersareopposedtotheapplicant’splan
o TheCityhasrefusedtoenforceOrdinanceGͲ5020Stipulation19whichstates“Thatapprovalshallbe
conditionalupondevelopmentcommencingwithin48monthsoftheCityCouncilapprovalofthis
changeofzoninginaccordancewithSection506.B.1oftheZoningOrdinance.Forpurposesofthis
stipulation,developmentshallcommencewiththeissuanceofbuildingpermitsanderectionof
buildingwallsonsite.”.
ƒ CityCouncilapprovalwasonOctober10,2007andwiththe48Ͳmonthtiming,thezoningwas
settoreverttoSͲ1asof2011.
ƒ TodatetherehasbeennodevelopmentonthepropertyandnoactiontakenbytheCityto
revertthezoningasrequired,despitemultiplerequeststodoso.
o TechnicallythezoningclassificationforthispropertyhasbeenSͲ1sincelate2011,buthasyettobe
codifiedbytheCityperOrdinanceGͲ5020
o TechnicallytheGeneralPlanis0Ͳ1du/a,NOT3.5to5,andtheCityisalsoobligatedtocodifythat
designation








Page 778
Sofia Mastikhina

From: Brian & Karie
Sent: Wednesday, April 7, 2021 2:29 PM
To: Sofia Mastikhina
Subject: Zoning Case PUD Z-60-20-8

Follow Up Flag: Follow up
Flag Status: Flagged



Laveen Village Planning Committee Members,



PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.


The applicant likes to use the Laveen Southwest Growth Study in their narrative but fails to include
the part stating“ the 0-1 designation was placed on properties adjacent to the Carver Foothills and
South Mountain Park. The latter parcels are appropriate for low density development due to the
topography of slopes and washes and the desert vegetation. The majority of the 0-2 property is to
serve as a buffer between existing lower density lots and new subdivisions with the more standard 2-
5 du/a.”



ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:




x The number of lots and the density is still too high
x The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
x This plan is not a reduction in zoning (aka: down-zoning). It is simply a repackaging of the
previous inferior site plan from case PHO-1-19-Z-165-06-7/8.
x The applicant continues to ignore the community and our proposal of 46 lots at R1-18 zoning,
which is compatible with the area, and is an executable site plan with conforming
stipulations.
x The proposed conventional flat-land site plan does not work with the elevations and contours
of the site.
x The applicant has not provided adequate open space or landscaping buffers.




Page 779
x The PUD may look good on paper, but too many things are open-ended in the
application/narrative that states the applicant MAY vs. SHALL or WILL. The stipulations in
the PHO case are more stringent than the PUD.
x A PUD in general does not provide specific details or requirements of what will be built. This
blank check or “framework of development standards” is inferior to a conventional zoning
case and is not in the best interest of the neighborhood or broader Laveen Village. This
special area of Laveen deserves a far superior and compatible plan than anything this
applicant has proposed over the course of a year.



ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.




Best regards,



Karie Hicks

4715 W Carver Rd

Laveen AZ 85339







Page 780
Sofia Mastikhina

From: Paul Banta
Sent: Wednesday, April 7, 2021 6:11 PM
To: Sofia Mastikhina
Subject: Letter for LVPC members, and request to donate speaking time for 4/12 meeting

Follow Up Flag: Follow up
Flag Status: Flagged


DearMs.MastikhinaͲ
PleasesharethefollowinglettertotheLVPCmembers.Also,insteadofrequestingspeakingtimeformyself,Iwouldlike
todonatemyspeakingtimefortheApril12,6:30meetingtoCydManning.Ihavealreadyregisteredforthisvery
importantmeeting.Thankyou.ͲElizabethBanta(contactinformationisbelow).


DearLaveenVillagePlanningCommitteeMembers,



First,thankyouforyourservicetoourcommunity.Ihaveworkedformanymonthsfollowingtheareaknownasthe
Quarry/CarverMountain.ItisasubjectthatIfeelextremelystronglyaboutandIrespectfullyrequestthatyoulisten,
reflect,andactinoppositiontoPUDZͲ60Ͳ20Ͳ8.ThisisasecondandseparatecaseattheNWCof35thAvenueand
CarverRoad,knownastheQuarry/CarverMountain.YouareourprimaryvoicetothePhoenixCityCouncil.Youearned
myrespectleastyearwhenyou,theLVPC,wererightlyunanimousinyourdenialofthePHOversionofthiscase,PHOͲ
1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Remainstrongonbehalfofourcommunity!Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.



TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”



ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:



x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.

Page 781
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterest
oftheneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorand
compatibleplanthananythingthisapplicanthasproposedoverthecourseofayear.



ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.





Sincerely,



ElizabethBanta

3938WKayentaTrail

Laveen,AZ85339

480Ͳ353Ͳ6019







Page 782
Sofia Mastikhina

From: brian hicks
Sent: Wednesday, April 7, 2021 2:32 PM
To: Sofia Mastikhina
Subject: Zoning Case PUD Z-60-20-8



Laveen Village Planning Committee Members,



PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.


The applicant likes to use the Laveen Southwest Growth Study in their narrative but fails to include
the part stating“ the 0-1 designation was placed on properties adjacent to the Carver Foothills and
South Mountain Park. The latter parcels are appropriate for low density development due to the
topography of slopes and washes and the desert vegetation. The majority of the 0-2 property is to
serve as a buffer between existing lower density lots and new subdivisions with the more standard 2-
5 du/a.”



ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:




x The number of lots and the density is still too high
x The proposed 61 lots at 3+ du/a is still completely incompatible with the area.
x This plan is not a reduction in zoning (aka: down-zoning). It is simply a repackaging of the
previous inferior site plan from case PHO-1-19-Z-165-06-7/8.
x The applicant continues to ignore the community and our proposal of 46 lots at R1-18 zoning,
which is compatible with the area, and is an executable site plan with conforming
stipulations.
x The proposed conventional flat-land site plan does not work with the elevations and contours
of the site.
x The applicant has not provided adequate open space or landscaping buffers.
x The PUD may look good on paper, but too many things are open-ended in the
application/narrative that states the applicant MAY vs. SHALL or WILL. The stipulations in
the PHO case are more stringent than the PUD.
x A PUD in general does not provide specific details or requirements of what will be built. This
blank check or “framework of development standards” is inferior to a conventional zoning

Page 783
case and is not in the best interest of the neighborhood or broader Laveen Village. This
special area of Laveen deserves a far superior and compatible plan than anything this
applicant has proposed over the course of a year.



ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.




Best regards,



Brian Hicks

4715 W Carver Rd

Laveen AZ 85339





Page 784
Sofia Mastikhina

From: Paul Banta
Sent: Tuesday, April 6, 2021 6:39 PM
To: Sofia Mastikhina
Subject: Quarry Case PUD Z-60-20-8 - opposition to high density development


To:CityPlannerMs.SophiaMastikhina

RegardingtheQuarryCasePUDZͲ60Ͳ20Ͳ8,Iwouldliketoexpressmyoppositiontoallowinghighdensitydevelopment
onthisproperty.

Thelocalcommunityhasbeenopposedtothisformorethanadecade.Againstthelocalcommunitieswishes,10+years
agothepropertywaszonedforhighdensitydevelopment.However,aprovisionforareversionofthezoningchange
wasaddedifthepropertywasn'tdevelopedinatimelymanner.Thepropertywasnotdeveloped.However,itappears
thatthe"reversion"clauseismeaningless.Nooneinthecitygovernmentwillsupportchangingthezoningback.

Morerecentlytherehasbeenapushbysomelandspeculatorstomakemoneybyflippingthisproperty.Theyaretrying
togetahighdensityprojectapproved(80to90houses).Thelocalcommunityleadershavetriedtonegotiatethisdown
toalessdensedevelopmentwithonly46houses.Thelandspeculatorsofcoursewanttomaximizetheirprofits.What
isreallyfrustratingtothecommunityisthatthelandspeculatorsaretryingtoweardownthelocalcommunityby
stretchingthisprocessoutwithrepeateddelays.Thecity,byagreeingtothesedelays,ishelpingthem.

Pleaseunderstandthatthisisaveryuniquearea.Itisanarrowvalley,nestleduptoSouthMountainPark.Itis
exclusively1acreorlargerlots.ThereisstillLOTSOFEMPTYLANDforcookiecutterhousingdevelopments.Pleasehelp
usnegotiateamorereasonableplanforthisproperty.

Sincerely,
PaulBanta
4803536014







Page 785
Sofia Mastikhina

From: Donna Snow
Sent: Tuesday, April 6, 2021 6:53 PM
To: Sofia Mastikhina
Cc: Donna Snow
Subject: Quarry Case PUD Z-60-20-8


LaveenVillagePlanningCommitteeMembers,

PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.Unanimouslyrejectthiscaseandinsteadrecommendapprovalofthecommunityproposalfor46lotsanda
conventionalR1Ͳ18zoningdistrict.

TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”

ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Densityandzoningaretheissueshere.Laveenlacksdiversityoflargelotsandthisistheareaforthem!Thearea
southofCarverFoothillsisspecialanddeservessomuchbetter.AfewofthemanyreasonstodenythisPUDasfiled
are:

x Thenumberoflotsandthedensityisstilltoohigh
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterestof
theneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorandcompatible
planthananythingthisapplicanthasproposedoverthecourseofayear.

ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Pleasesupportthecommunity!Again,
denythiscaseasfiledandinsteadrecommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18
zoningdistrict.


Bestregards,


Page 786
DonnaSnow
6806WDesertLane
Laveen,AZ85339





Page 787
Sofia Mastikhina

From: Cyd Manning
Sent: Tuesday, April 6, 2021 5:33 PM
To: Sofia Mastikhina
Subject: Letter of Opposition - PUD Case Z-60-20-8, April 12 LVPC, Agenda Item 5
Attachments: Community SIte Plan and Stipulations.pdf

Importance: High

Follow Up Flag: Follow up
Flag Status: Flagged


HiSofia,
Ihopeyouaredoingwell.PleaseforwardthisemailtotheLVPCmembersandincludeitinthecasefileforZͲ60Ͳ20Ͳ8.

Thankyouandbestregards,
Cyd

****

LaveenVillagePlanningCommitteeMembers,

PUDZͲ60Ͳ20Ͳ8isasecondandseparatecaseattheNWCof35thAvenueandCarverRoad,knownastheQuarry/Carver
Mountain.You,thisVillage,weresupportiveofthecommunityandearlylastyearwererightlyunanimousinyourdenial
ofthePHOversionofthiscase,PHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7(8).Donotletyourunanimityorsupportofthecommunity
wane.AttheApril12LVPCmeeting,IrespectfullyrequesttheLVPCunanimouslyrejectthiscaseandinstead
recommendapprovalofthecommunityproposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.

TheapplicantlikestousetheLaveenSouthwestGrowthStudyintheirnarrativebutfailstoincludethepartstating“the
0Ͳ1designationwasplacedonpropertiesadjacenttotheCarverFoothillsandSouthMountainPark.Thelatterparcels
areappropriateforlowdensitydevelopmentduetothetopographyofslopesandwashesandthedesertvegetation.The
majorityofthe0Ͳ2propertyistoserveasabufferbetweenexistinglowerdensitylotsandnewsubdivisionswiththe
morestandard2Ͳ5du/a.”.

ALLtheadjacentandnearbyparcels,includingtheapplicant’s40ͲacresiteandthecommunityR1Ͳ18proposalare0Ͳ2
du/a.Theissueisandalwayshasbeenaboutdensityandzoning.Laveenlacksdiversityoflargelotsandthisisthearea
forthem!TheareasouthofCarverFoothillsisspecialanddeservessomuchbetter.Afewofthemanyreasonstodeny
thisPUDasfiledare:

x Thenumberoflotsandthedensityisstilltoohigh.
x Theproposed61lotsat3+du/aisstillcompletelyincompatiblewiththearea.
x Thisplanisnotareductioninzoning(aka:downͲzoning).Itissimplyarepackagingofthepreviousinferiorsite
planfromcasePHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.
x Theapplicantcontinuestoignorethecommunityandourproposalof46lotsatR1Ͳ18zoning,whichis
compatiblewiththearea,andisanexecutablesiteplanwithconformingstipulations.
x TheproposedconventionalflatͲlandsiteplandoesnotworkwiththeelevationsandcontoursofthesite.
x Theapplicanthasnotprovidedadequateopenspaceorlandscapingbuffers.
x ThePUDmaylookgoodonpaper,buttoomanythingsareopenͲendedintheapplication/narrativethatstates
theapplicantMAYvs.SHALLorWILL.ThestipulationsinthePHOcasearemorestringentthanthePUD.

Page 788
x APUDingeneraldoesnotprovidespecificdetailsorrequirementsofwhatwillbebuilt.Thisblankcheckor
“frameworkofdevelopmentstandards”isinferiortoaconventionalzoningcaseandisnotinthebestinterestof
theneighborhoodorbroaderLaveenVillage.ThisspecialareaofLaveendeservesafarsuperiorandcompatible
planthananythingthisapplicanthasproposedoverthecourseofayear.

ThisPUDcaseisnosignificantimprovementoverthePHOcase.Theapplicantisrunningbothcasesinparalleltomask
thestructuralandrealissuesofdensityandzoningandto“seewhatsticks”.Attheendofthisletter,I’veincludedthe
longhistoryprovidedyouviaPlanninginDecember2020andI’veattachedthecommunityplanforyourreference.Feel
freetocontactmeatanytimeifyouhavequestions.

Densityandzoningareextremelyimportantandiswhythelargeoppositionexiststothisday.Asyoucanseefromthe
belowrecentphoto,immediateneighbors,communityleadersandothersacrossLaveenareunitedandstillagainsthigh
densityinthisarea.





Pleasesupportthecommunity!Again,denythiscaseasfiledandinsteadrecommendapprovalofthecommunity
proposalfor46lotsandaconventionalR1Ͳ18zoningdistrict.

Bestregards,

CydManning
3220W.CetonDrive
480Ͳ747Ͳ0769
sweetbeat@q.com

History/SummaryProvidedDecember16,2020ͲPostPUDInformationalMeetingatLVPC

ExecutiveSummary:
Theoriginalcasein2006/2007wasverycontentiousduetothehighͲdensitydevelopmentplaninanareathatfor25+
yearshasbeenplannedtobe0Ͳ1homesperacre.Thisincompatiblelanduseofspeculativespotzoningwaspushed
throughregardlessofcommunityinvolvement.Thelargeoutpouringofcommunityoppositionremainstodaywiththe

Page 789
currentcase/PHOapplicationPHOͲ1Ͳ19ͲZͲ165Ͳ06Ͳ7/8.Theapplicant/owner’srevisedproposalof63(recently61)lots
onthe20ͲacreportionwithnozoningdistrictchangefromR1Ͳ8isstillincompatiblelanduseat3timesthedensityof
adjacentandnearbyparcelszonedatR1Ͳ18andREͲ35.TheyalsohaveanactiveProposition207waiveronfilethat
waivestheirrighttosuetheCityofPhoenix.

AsyouheardwiththePUDcaseonMonday,theissuehasbeenandisaboutzoninganddensity.







Thecommunityhascontinuedtoproposeacompatiblelandusealternative(describedabove)withaconformingsite
planandapplicablestipulationrevisions,alongwithazoningdistrictchange,thatissupportedbyCouncilmember
Garcia.Thisoptionessentially“splitsthebaby”withthecommunitymovinguptwozoningdistrictsandthe
applicant/ownermovingdowntwozoningdistricts.Ourproposalisatruemiddlegroundand“cutstothechase”given
theCity’sinabilitytocodifythezoningreversionrequiredin2011,alongwiththerealignmentoftheGeneralPlan,to0Ͳ1
du/a.

Youcanclearlyseebythegreenarrowsinthebelowgraphthatthecommunityhascompromisedsignificantlymore
thantheapplicant.






Page 790

x NoteͲThe20Ͳacreand40Ͳacreparcelsarezonedseparatelyandcannotbecalculatedtogether

ThePHOcasewascontinuedtwice(July1standAugust26th)attheapplicantsrequesttoreviewandrespondtothe
communityproposal.Theapplicantcontactedus6+weeksaftertheJuly1stcontinuanceandhadnotperformeda
detailedreview/analysisofourplan.AftertheAugust26thcontinuance,theapplicantreachedoutafter3weeksto
proposezerozoningchangeandatokenreductionof2lots(63to61).ThePHOcasewassetfortheCouncilagendaon
October7andendedupbeingcontinuedforathirdtime.Inthemotiontocontinue,CouncilmemberGarciastatedhis
motionwas“tocontinuethisitemfor6monthstotheAprilformalmeetingtoallowthepropertyownertofileazoning
casetodownͲzonetheproperty”.ThePHOcaseisscheduledtobeheardattheApril7,2021CityCouncilformal
meeting.

NowtheapplicanthasfiledasecondandseparatecaseforaPUD,ZͲ60Ͳ20Ͳ8.ThisnewPUDcaseisnotadownͲzoning
(e.g.reductioninzoning).ItissimplyarepackagingofthePHOcase.

CaseHistoryDetails:
x Weareresidentsofallsocialandeconomicbackgroundswhohaveworkedhardforourhomesandloveour
community.Eventhoseneighborswithoccupationswhostandtobenefitfrommoredevelopment(e.g.realtors,
insuranceagents,civilengineers,contractors,etc.)havebeenandareopposedtothishighͲdensitydevelopment
becauseitdoesnotfitthearea.Wearenotagainstchange,development,growthoraffordablehousing.We
areforresponsibledevelopmentthatiscompatiblewiththearea.WehavesupportedhighͲdensity
developments,includingseveralcasesinthelastyear+,becausetheyfittheareabeingproposed.
x Thevideoofourareaisonly42secondslongandcanbeplayeddirectlyfromthissecureDropbox
link:https://www.dropbox.com/s/0tfmz2e6htiasqd/Laveen.mp4?dl=0[dropbox.com]
x TheoriginalGPAandZoningcasesin2006/2007wereverycontentiousandlastedalmost1year(GPAͲLVͲ2Ͳ06Ͳ7
andZͲ165Ͳ06Ͳ7)
o Owner/applicantproposed:
ƒ GPA5Ͳ10du/afrom0Ͳ1Residential/Parks/OpenSpace
ƒ R1Ͳ18,40acres,22lotsat.56du/a
ƒ R2,20acres,136multiͲfamilyunitsat6.8du/a
o Significantcommunityopposition
ƒ 200+communitymemberspetitionedinopposition;LVPC&LCRDunanimouslyopposed;GPA
andZoningcasesappealed
ƒ District7candidatesPastor&Nowakowskiopposed;CouncilmembersJohnsonandSimplot
votedinopposition
o Claimsofblight,hazardousmaterial,etc.wereallprovedtobefalse
o TohelpprotecttheneighborhoodfromspeculativespotzoningandincompatiblehighͲdensity
development,thenMayorGordoninsistedonincludingatimestipulation(Stipulation19)forzoning
reversionifdevelopmentdidnotoccurin48months.


Page 791
o Ultimatelythe40ͲacreportionatR1Ͳ18and22lots,the20ͲacreportionatR1Ͳ8with99detachedvillas,
andStipulation19forzoningreversionwasapprovedandcodifiedinOrdinanceGͲ5020
x TheCitydidfollowprocessinJuly2008andcodifiedaGPAalignmentonthisparcel
o ThePlanningDirectorletterinthecasefilestates“TheLaveenVillagePlanningCommitteeinitiatedGPAͲ
LVͲ1Ͳ08Ͳ7tocreateconsistencybetweentheLandUseMapandtheapprovedR1Ͳ8zoningandtoavoid
creatingaprecedentforhigherdensitiesonthesurroundingparcels.”
x ThecurrentPHOcaseisequallycontentiouswiththeapplicant/ownerignoringthecommunity’sinputuntil
encouragedbyCouncilmemberGarcia
o Theapplicantcontinuestoignore,orclaimstobesurprised,thatzoningisandhasbeentheissuefor13
years
o Significantcommunityoppositionremains:
ƒ 140+communitymembersinoppositionatLVPC;40+communitymembersinoppositionat
PHO;70+communitymembersinoppositionatPlanningCommission
ƒ LVPC&LCRDunanimouslyopposed;significantlyover250+communityletterssubmittedin
oppositiontodate
ƒ PHOandPlanningCommissionrecommendationswereappealed
ƒ CouncilmemberGarciaandothercommunityleadersareopposedtotheapplicant’splan
o TheCityhasrefusedtoenforceOrdinanceGͲ5020Stipulation19whichstates“Thatapprovalshallbe
conditionalupondevelopmentcommencingwithin48monthsoftheCityCouncilapprovalofthis
changeofzoninginaccordancewithSection506.B.1oftheZoningOrdinance.Forpurposesofthis
stipulation,developmentshallcommencewiththeissuanceofbuildingpermitsanderectionof
buildingwallsonsite.”.
ƒ CityCouncilapprovalwasonOctober10,2007andwiththe48Ͳmonthtiming,thezoningwas
settoreverttoSͲ1asof2011.
ƒ TodatetherehasbeennodevelopmentonthepropertyandnoactiontakenbytheCityto
revertthezoningasrequired,despitemultiplerequeststodoso.
o TechnicallythezoningclassificationforthispropertyhasbeenSͲ1sincelate2011,buthasyettobe
codifiedbytheCityperOrdinanceGͲ5020
o TechnicallytheGeneralPlanis0Ͳ1du/a,NOT3.5to5,andtheCityisalsoobligatedtocodifythat
designation








Page 792
Community Site Plan
Community Proposed Site Plan with R1-18 zoning district on the 20 acre parcel:




Page 793




Stipulations from PHO Case
• Stipulation 1: THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE SITE PLAN DATE STAMPED
JUNE 24, 2020, AS MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC REGARD TO THE FOLLOWING:
• THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM 35TH AVENUE EXTENDED TO THE WESTERN
PROPERTY BOUNDARY, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
• THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE WESTERN EDGE OF THE PROPERTY LINE SHALL
PROVIDE A VEHICULAR CONNECTION TO, FOR AND INTEGRATED WITH BOTH THE 20-ACRE AND 40-ACRE
PORTIONS OF THE PARCEL.
• Stipulation 2: CONCEPTUAL ELEVATIONS FOR THE 20-ACRE DEVELOPMENT 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.
• Stipulation 4: DEVELOPMENT OF THE 40-ACRE R1-18 PORTION OF THE SITE SHALL NOT EXCEED 22 LOTS.
• Stipulation 5: DEVELOPMENT OF THE 20-ACRE CURRENT R1-8 PORTION OF THE SITE SHALL NOT EXCEED A
Page 794
DENSITY OF 46 LOTS AND SHALL BE REZONED TO R1-18.
• Stipulation 6. THE 20-ACRE DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN SPACE, OF WHICH A MINIMUM
OF 12%, SHALL BE USABLE OPEN SPACE, AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.
• Stipulation 15: THE DEVELOPER SHALL DEDICATE A MULTI-USE TRAIL EASEMENT AND CONSTRUCT A MULTI-USE
TRAIL PER ADOPTED STANDARDS ALONG THE NORTH SIDE OF CARVER ROAD AND ALONG THE WEST SIDE OF 35TH
AVENUE, AS APPROVED BY THE PARKS AND RECREATION DEPARTMENT.
• Stipulation 35: A MINIMUM OF THREE TERRACED BERMS WITH 2:1 FILL SLOPES SHALL BE INSTALLED ALONG THE
FULL LENGTH OF THE QUARRY CUT SLOPE BASE. THE TERRACES SHALL BE A MIMIMUM HEIGHT OF 8 FEET TALL
AND SHALL BE PLANTED WITH A STAGGERED COMBINATION OF 2-INCH AND 4-INCH CALIPER, DROUGHT
RESISTANT, DECIDUOUS TREES AT 25 FEET ON CENTER OR IN EQUIVALENT GROUPINGS TO CENTER, AS
APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT.
• Stipulations 43 & 44: Require Staff to update these stipulations to include notification to all individuals on record who have
written and/or attended public meetings regarding this case
• All other stipulations, including Stipulation 19, to remain unchanged.
• A conforming site plan dated June 24, 2020 is attached

Reference PHO-1-19-Z-165-06-7(8) 2
Sofia Mastikhina

From: Bret Burchard
Sent: Tuesday, April 6, 2021 4:29 PM
To: Sofia Mastikhina
Subject: Quarry Case - Agenda Item #5 - PUD Z-60-20-8

Follow Up Flag: Follow up
Flag Status: Flagged



Laveen Village Planning Committee Members,

I ask that you please vote to deny the PUD application Z-60-20-8 that will come before you on
Monday, April 12, and move to support the community proposal of 46 lots and a conventional R1-18
zoning district for the Carver Mountain development.

This PUD case is a repackaging of the PHO case 1-19-Z-165-06-7(8) that you unanimously denied
previously. It is an attempt by the applicant to put lipstick on a pig and present it as a compromise.
But it still stinks and doesn't meet the primary concerns of the community.

The priority for the community is and always has been zoning and density. The applicant likes to
highlight that a PUD is more restrictive than a traditional zoning application and so should be more
attractive for the community, but the stipulations are primarily cosmetic in nature. The density of the
PUD is still incompatible with the surrounding area and the inferred zoning of their 61-lot plan sets an
irreversible precedent for future development.

The applicant also likes to cite the Laveen Southwest Growth Study to show they have listened to the
neighbors' concerns. Again, they cherry picked low hanging fruit that is mostly cosmetic. They fail to
address the part that states, "...the 0-1 designation was placed on properties adjacent to the Carver
Foothills and South Mountain Park. The latter parcels are appropriate for low density development
due to the topography of slopes and washes and the desert vegetation. The majority of the 0-2
property is to serve as a buffer between existing lower density lots and new subdivisions with the
more standard 2-5 du/a.”

Laveen is growing rapidly. That growth is one of the reasons my wife and I moved to this area just
over 2 years ago. We are not opposed to growth and development. We are, however, in favor of
responsible development that also preserves the unique rural lifestyle of this area that hardly exists
anywhere else in the Valley. We moved here looking for a lifestyle you can't find anywhere else.
Please, don't allow this beautiful corner of the Valley to turn into just another Gilbert, Chandler, or
cookie cutter American suburb.

Thank you for your continued support and representation of the community in this case.


Sincerely,

Bret Burchard
11244 S 35th Ave
Laveen, AZ 85339

Page 795
Sofia Mastikhina

From: Edward Moore
Sent: Wednesday, April 28, 2021 6:52 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Public comment re: PUD Z-60-20-8 for May 6 Planning Commission Hearing


IamaresidentinLaveenandliveafewhundredyardstothesouthwestofthesitecalled"TheQuarry"hereat35th
AvenueandCarverRd.(APN300Ͳ11Ͳ008X)AdevelopmentatthissiteisbeingcalledtheCarverCanyonPUD.Iwould
liketosharemythoughtsonthis.

ThesouthofCarverRoadhasbeendevelopedatanRUͲ43densityandisagreatneighborhood.Whatyoucan'tseeina
satelliteimageisthatourneighborhoodisnestledinabitofabowlbetween"SouthMountain"and"CarverMountain"
creatingmountainviewsinalldirections.Thehomesareonlargerlotsthatarecoveredwithnativeplants.Thereisn'ta
singlegrassyyardinthiscommunity.Ihaven'tseenasingleoutͲofͲplacetree...noOaks,Birch,Aspens,etc.Thetrees
hereareIronwoods,PaloVerde,andCreosote...theydropseedsandflowersfortheroundͲtailedsquirrels,
theGambleQuail,themourningdoves,Gilawoodpeckers,roadrunners,coyotes,owls,andeventheJavelinasthatlive
hereandwanderacrosstheseproperties.Manyofthelotsdonotevenhavefences.Wehavedirtroads.Thisisnot
suburbia...wearelivingwithinanaturallandscape...andthenativeanimalsthatlivewithSouthMountainParkcome
downandwanderthroughourcommunityandsharethisneighborhoodwithus.Itisaveryspecialcommunity.IhopeI
amcommunicatingwhatitisliketolivehere.

ThezoningtothenorthofCarverhadbeenthesameinthepastbutwasdoubledduringtherealestateboomphase...
andwasnotrevertedasitshouldhavebeen.Tothenorthofmyhometherearenowtwoprojectsbeingplannedthat
haveapproximatelydouble(ormore!)ofthedensityofmyneighborhood.

First,theCarverMountainSouthprojectwasfinalͲplattedlastMay.Thatplanwillcreate111newhomeson59acresof
a95Ͳacresiteaboutahundredyardsfrommyhouse.Thehomebuilderscan'tbuildcheaplyonthesteepslopesand
hilltopssothislandwillnotbeimprovedandsotheywereinsteadalloweddoublethedensityontheotherhalfofthe
property.Thismathlooksgoodonpaperbuttherealityisthatitisgoingtocreateaverydifferenttypeofneighborhood
towhatweenjoynowwhichisn'tveryconsistentwiththefeelofthedevelopmentinthisrestofthislittlecommunity.It
willbeabitofsuburbiaintrudingintothissmallvalleywhichhadbeenmorenaturalisticandnaturefriendlyupuntil
now.

Theotherprojectistheonethatisbeforeyoutoday...theCarverCanyonPUD.IftheCarverMountainSouthproject
makesmefeelsadandthatsuburbiainintrudingintoandtransformingmycommunity...theCarverCanyonPUDis
muchworse.Thedocumentsyouhavebeforeyoustatearesidentialdensityof3Ͳ5shouldbefinehere.No
problemo!Wellitisaproblemforme.Thisis5xthedensityofourcommunityupuntilnowandmorethan2xthe
densityofthe"suburbia"CarverMountainSouthproject...itiswildlyinconsistentwiththesurroundingcommunity.I
don'tknowwhythiswouldevenbeconsidered.Iassumethatthehomebuildersdon'twanttodevelopthesteeper
slowsonthewesternhalfoftheirlandandthattheplannersarejustallowingthemtocreate5xtheappropriatedensity
ontheeasternmostquarteroftheparcelintheareathatisflattestandcheapesttodevelop...thusbasicallywrecking
thefeelofmycommunity,basically.That'sjustnotOK.Pleaseprotectmycommunityandseeitdevelopedator
aroundadensityof1.0whichisappropriateforourneighborhood.Pleasedonotinstallandexpandpocketsofadense
suburbiaintomycommunitybecauseacalculatortellsyouthatthevacantlandisacounterͲbalance.Itisn't.Thisland
couldbedevelopedwithsinglefamilyhomesandranchetteswhichcoveramuchlargerareaofthepropertyandTHISis
whatwouldbemoreconsistentwiththecommunity.Let'shaveabitofbalanceinthisdevelopment.Pleaseconsider
thepropertiessurroundingthisone.Thereisarealestateboomgoingon.Theownershipgroupwhichisdeveloping



Page 796
thislandisgoingtomakeafortuneanddon'tneedtobeawardedpermissiontobuildatanoutrageouslocalized
densitieswhichwillcreateablightandrobvaluefromtherestoftheneighborhood.

PleasesendthisprojectbackforsomereͲenvisioningforhowitcanbedevelopedinawaywhichismoreconsistentwith
therestofourcommunity.Thecurrentvisionisnotatallconsistentwithourcommunity.

IfyouwanttoseethiscommunityandgetafeelforwhatI'mdescribing...comehere.TheIronwoodarebloomingwith
purpleflowers,thePaloVerdearecoveredinyellowflowers...andeverywhereyoulookyouwillseesquirrels,quail,
dovesandtheotherresidents.

Sincerely,

Edward


ͲͲ
EdwardMoore
RealEstateResearcher
Vizzda [vizzdanews.blogspot.com]






Page 797
Sofia Mastikhina

From: John Knight
Sent: Friday, April 30, 2021 9:34 AM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC; Dr. Dean G. Gordy Fairchild, Ph.D.; Elizabeth Banta; desertofeden@msn.com
Subject: Laveen Project CARVER RD (Mountain) and 35th Avenue


Ms.EscolarandMs.Mastikhina
Ihopethisemailfindsyouwell.WehavebeenaresidentinLaveenat4036WKivaStreetsince2003.Weboughtand
investedheavilyinthisareabecauseofwhattheCitylaidoutin1995intheLaveenMasterPlan.Unfortunately,over
thelast25years,theplanhasbeencompletelyignoredinmanyareas.ThelandandhomesadjacenttoCarver
MountainandtheSouthMountainPreserveareuniquehomesthatofferacompletelydifferentlifestylethanhigh
densitydevelopments.Thisareawassetasidetokeepdensitylowtoshowcaseoneofthecity'sgreatestassets.South
Mountain.Thehomesbeingbuiltheretodayarecloseto$1MillionDollarsandhavea15%maxfootprintlimit.Weas
residentsandalargetaxbaseoftheCountyandCitycannoturgeyouenoughtorespectthisareaanddoeverything
possibletoprotectourinvestmentinanEquestrian,OpenSkies,LowDensityandLowTrafficpartofLaveen.I
understandthattheLCRDandResidentshavecometogether(usincluded)onadesignthatisacceptabletothe
consensusandurgeyourcontinuedsupport.

Precedenceiseverything.Wehaveseenparcelbyparcelcomeupandzoningchangedatthedropofahat.Iwould
speculatethatifwetriedtobuildsmallhomesnexttotheCEOandExecutivesoftheprevailinghomebuilders,they
wouldnotlettheirownproductbebuiltnexttotheirlargegatedcommunities.Weaskthatthissacredareabyleftto
onehomeperacreasmuchaspossible.Allittakesisonedecisionandwewillseethesamerecklessbuildingnextto
ourlargepropertiesandhomes.ThiswilldevalueourinvestmentinadiverseLaveen.

Ifyouhaveanyquestions,pleasefeelfreetoreachoutbyemailorbyphone.

Myregards.

ͲͲ

John Knight
VP Integrated Solutions
P: (602) 237-4915
To help protect y our priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.
C: (602) 549-1885
E: john.knight@aircomm.com
W: www.aircomm.com [cloud.letsignit.com]
[cloud.letsignit.com]
To help protect y ou r priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.




To help protect y ou r priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.




[cloud.letsignit.com]





Page 798
Racelle Escolar

From: Ruth Franklin
Sent: Monday, May 3, 2021 1:30 PM
To: Racelle Escolar; Sofia Mastikhina
Cc: Council District 8 PCC
Subject: Re: Subject: Opposition to Case PUD Z-60-20-8 for May 6 Planning Commission Hearing – Request to Support
LVPC Recommendation


Dear Planning Commission Members,
I am writing again to clarify that I am in opposition to the case.
The LVPC is also in opposition to the case.
Thank you,
Ruth Franklin

On Sunday, May 2, 2021, 10:27:31 AM PDT, Ruth Franklin wrote:


Dear Planning Commission Members,




The subject PUD is the second zoning case at the NWC of 35th Avenue and Carver Road in Laveen known as the
Quarry. You heard the PHO version of this case mid-last year and the outpouring of community opposition to high density
and incompatible land use in this area. Councilmember Garcia led the City Council in a continuance of the PHO case at
the October 2020 City Council meeting and requested the applicant process a “down-zoning”. Since that time, the
applicant has pursued the subject PUD case that you will hear on May 6. The LVPC and community provided input
throughout the PUD process and during the April 12, 2021 LVPC meeting.




I support the LVPC recommendation and I respectfully request the Planning Commission recommend approval of the April
12 LVPC recommendation when you hear this case on May 6. The LVPC resolved the structural issues of density and
zoning, and made this a much better development than the PHO case. Their vote approved a maximum of 46 lots total
(which conforms to the plan put forth by the community, as opposed to the high density plan the applicant
presented), minimum lot size of 8700 sq. ft., enhanced building architecture and landscaping standards stipulations that
result in compatible land use and is equivalent to R1-18 density. Councilmember Garcia has supported the community
with a 46-lot, R1-18 plan throughout the PHO case last year and we expect his support of the LVPC recommendation.




Please stand with the LVPC and community and support the LVPC recommendation in this case.


Best regards,
Ruth Franklin
3143 W Avion Way
Laveen, AZ 85339




Page1 799



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
(CONTINUED FROM JULY 1, AUG. 26, AND OCT. 7, 2020, AND APRIL 7, 2021) -
Public Hearing and Ordinance Adoption - Amend City Code - Rezoning
Application PHO-1-19--Z-165-06-7(8) - Northwest Corner of 35th Avenue and
Carver Road (Ordinance G-6718)

Request to hold a public hearing on the Planning Hearing Officer application for the
following item and consider adoption of the Planning Commission recommendation on
June 4, 2020.

Summary
Application: PHO-1-19--Z-165-06-7(8)
Existing Zoning: R1-8 and R1-18
Acreage: 59.48

Owner: Virtua 35th LLC
Applicant: Jennifer Hall, Rose Law Group
Representative: Tom Galvin, Rose Law Group

Proposal:
1. Modification of Stipulation 1 regarding general conformance to the site plan date
stamped Oct. 8, 2007 and elevations date stamped Feb. 20, 2007.
2. Modification of Stipulation 7 regarding the landscape setback adjacent to 35th
Avenue.
3. Deletion of Stipulation 19 regarding conditional development approval.
4. Modification of Stipulation 27 regarding height of terraced berms along the quarry
cut slope base.
5. Modification of Stipulation 31 regarding raised, vertical curbs within the R1-18
portion of the site.
6. Modification of Stipulation 37 regarding detached sidewalks and landscape strips
within the R1-8 portion of the site.
7. Deletion of Stipulation 39 regarding one-story homes along 35th Avenue.
8. Technical corrections to Stipulations 4, 5, 6, 8, 9, 15, 18, 20, 21, 22, 23, 24, 25, 26,
28, 29, 30, 33, 34, 36, 38, and 40.
9. Modification of Stipulation 3 (proposed Stipulation 5) regarding the maximum
number of lots in the R1-8 portion of the site.


Page 800


Concurrence
Village Planning Committee (VPC) Recommendation: The Laveen Village Planning
Committee heard this case on Jan. 13, 2020 and recommended denial by an 11-0
vote.
Planning Hearing Officer Recommendation: The Planning Hearing Officer heard this
case on Jan. 15, 2020 and took this case under advisement. On Feb. 13, 2020 the
Planning Hearing Officer took this case out from under advisement and recommended
denial as filed and approval with modifications and additional stipulations. See
Attachment B for a complete list of the Planning Hearing Officer's recommended
stipulations.
PC Action: The Planning Commission heard this case on May 7, 2020, and the case
was continued to June 4, 2020 Planning Commission by an 8-0 vote and the applicant
and neighbors concerned about the request were asked to try to work on a
compromise.
The Planning Commission heard this case again on June 4, 2020, and recommended
approval per the staff memo dated June 4, 2020 with a modified stipulation, and with
direction to the applicant to modify the application prior to the City Council meeting by
an 8-0 vote.

Location
Northwest corner of 35th Avenue and Carver Road
Council District: 8
Parcel Address: N/A

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




Page 801
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-165-06-7(8) PREVIOUSLY APPROVED BY
ORDINANCE G-5020.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located at the northwest

corner of 35th Avenue and Carver Road in a portion of Section 10, Township 1 South,

Range 2 East, as described more specifically in Attachment “A”, are hereby modified to

read as set forth below.

STIPULATIONS:

General

1. That development shall be in general conformance with the site plan date
stamped October 8, 2007, and elevations date stamped February 20, 2007, as
modified by the following stipulations, and as approved by the Development
Services Department.

1. THE R1-8 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 MAY 26,2020, AS
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC
REGARD TO THE FOLLOWING:

A. THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM
35TH AVENUE EXTENDED TO THE WESTERN PROPERTY
BOUNDARY, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.


Page 802
B. THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE
WESTERN EDGE OF THE PROPERTY LINE SHALL TERMINATE AS A
STUB STREET TO THE ADJACENT UNDEVELOPED LAND TO THE
WEST TO PROVIDE FOR A FUTURE VEHICULAR CONNECTION.

2. CONCEPTUAL ELEVATIONS FOR THE R1-8 DEVELOPMENT 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 R1-18 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED OCTOBER 8, 2007, AND ELEVATIONS
DATE STAMPED FEBRUARY 20, 2007, AS MODIFIED BY THE FOLLOWING
STIPULATIONS AND APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

4. That dDevelopment of the R1-18 portion of the site shall not exceed 22 lots.
2.

5. That dDevelopment of the R1-8 portion of the site shall not exceed a density of
3. 99 63 lots.

6. THE R1-8 DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN
SPACE, OF WHICH A MINIMUM OF 12% 8% SHALL BE USABLE OPEN
SPACE, AS APPROVED OR MODIFIED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

Site Design

7. That uUnobstructed pedestrian access (for the purpose of private pedestrian
4. connectivity internal to the site) between the R1-18 and R1-8 portions of the site
shall be provided, as approved by the PLANNING AND Development Services
Department.

8. That nNo solid wall in excess of three feet in height as measured from the
5. finished grade, shall be located on the site (either in private lots or common
tracts) except that solid walls greater than three feet in height shall be allowed for
the following purposes, as approved by the PLANNING AND Development
Services Department.

a. Walls utilized to screen utilities, trash enclosures, or other facilities
generally considered to be visually obtrusive.

b. Retaining wall.


Page 803
9. That nNo more than 60,000 square feet of natural turf area shall be located
6. within the common areas of the R1-8 portion of the site (this requirement does
not apply to synthetic turf); if provided, common area natural turf should be
centrally located and grouped so as to create one contiguous natural turf
recreation area, as approved by the PLANNING AND Development Services
Department.

10. That a 235-foot (average), 200-foot (minimum) THE DEVELOPMENT SHALL
7. PROVIDE A MINIMUM 100 FOOT landscaped setback ALONG THE EAST
PROPERTY LINE adjacent to 35th Avenue shall be provided, as approved by
the PLANNING AND Development Services Department.

11. That a A 50-foot (minimum) landscaped setback adjacent to Carver Road (final
8. alignment) shall be provided, as approved by the PLANNING AND Development
Services Department.

12. That tThose portions of spider and jeep trails which are not part of the approved
9. grading envelopes, access drives, or other necessary site disturbance related to
the proposed development of the R1-8 portion of the site shall be re-vegetated in
a manner consistent with adjacent undisturbed vegetation, as approved by the
PLANNING AND Development Services Department.

Disclosures

13. That pPrior to final site plan approval, the property owner shall record documents
10. that disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active agricultural uses
and non-domesticated animal keeping. The form and content of such documents
shall be according to the templates and instructions provided, which have been
reviewed and approved by the City Attorney.

14. THAT PRIOR TO FINAL SITE PLAN APPROVAL, THE PROPERTY OWNER
SHALL RECORD DOCUMENTS THAT DISCLOSE TO TENANTS OF THE SITE
OR PURCHASERS OF PROPERTY WITHIN THE SITE, THE EXISTENCE,
PROXIMITY, AND OPERATIONAL CHARACTERISTICS OF ACTIVE AVIATION
USES IN THE HANGAR HACIENDAS UNITS ONE, TWO, AND THREE
SUBDIVISIONS LOCATED APPROXIMATELY 2,300 FEET TO THE EAST OF
THE SUBJECT PROPERTY IN MARICOPA COUNTY. 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.

Parks and Recreation

15. That tThe developer shall dedicate a multi-use trail easement and construct a
11. multi-use trail, per adopted standards, along the north side of Carver Road, as
approved by the Parks and Recreation Department.

Archaeology


Page 804
16. That tThe applicant shall complete an archaeological survey report of the
12. development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, or grading.

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.

Street Transportation

20. That rRight-of-way totaling 55 feet shall be dedicated for the west half of 35th
13. Avenue, as approved by the Street Transportation Department. 35th Avenue
shall be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

21. That rRight-of-way totaling 55 feet shall be dedicated for the west half of Carver
14. Road, as approved by the Street Transportation Department. Carver Road shall
be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

22. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR 35TH AVENUE
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

23. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR CARVER ROAD
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

24. That aA traffic impact study shall be submitted to, and approved by, the Street
15. Transportation Department prior to PLANNING AND Development Services


Page 805
Department preliminary site plan approval. That all right-of-way dedications and
associated infrastructure improvements as recommended by the traffic impact
study shall be installed by the developer, as approved by the PLANNING AND
Development Services Department.

25. That tThe developer shall construct all streets within and adjacent to the
16. development with paving, curb, gutter, sidewalk, curb ramps, streetlights, median
islands, landscaping, and other incidentals, as modified by these stipulations,
and as approved by the Street Transportation Department. All improvements
shall comply with all AmericanS with Disabilities Act accessibility standards.

26. That tThe applicant shall complete and submit the Developer Project Information
17. Form for the Maricopa Association of Governments Transportation Improvement
Program. This form is a requirement of the Environmental Protection Agency to
meet clean air quality requirements.

27. That pPrior to preliminary site plan approval, the landowner shall execute a
18. Proposition 207 waiver of claims utilizing the provided template. The waiver shall
be recorded with the Maricopa County Recorder’s Office and a copy shall be
provided to the PLANNING AND Development Services Department for the case
files.

19. That approval shall be conditional upon the development commencing within 48
months of the City Council approval of this change of zoning in accordance with
Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation,
development shall commence with the issuance of building permits and erection
of the building walls on site.

Neighborhood

28. That bBuilding pad cuts shall be terraced if more than 6 feet in height and treated
20. with a stain, gunnite, or equivalent finish, as approved by the PLANNING AND
Development Services Department.

29. That aAll two story homes, within the R1-18 portion of the site, shall be designed
21. in a manner such that the square footage of the second story floor area does not
exceed 66 percent of the first story floor area does not exceed 66 percent of the
first story floor area, as approved by the PLANNING AND Development Services
Department.

30. That cConcrete channels shall be designed to look natural in the desert setting
22. through color, texture, landscaping, or other means, as approved by the
PLANNING AND Development Services Department.

31. That tThe use of riprap and engineered culverts shall be minimized and, where
23. utilized, shall be integrated with the desert setting through color, texture, soil
plating, landscaping, or other means, as approved by the PLANNING AND
Development Services Department. To the extent possible, culverts shall be
undersized to allow minor flows (10 cfs or smaller) to cross roadways in their
natural condition.


Page 806
32. That wWashes with a one-hundred-year peak flow of 200 cfs or greater shall be
24. preserved and enhanced with native vegetation as described in Appendix A,
Approved Plant Species List for Sonoran Preserve Edge Treatment Guidelines,
as approved by the PLANNING AND Development Services Department.

33. That lLots with 2 or more sides abutting undisturbed open space shall be
25. designed with obtuse angles, rather than right angles or acute angles, as
approved by the PLANNING AND Development Services Department.

34. That oOn non-hillside lots within the R1-18 portion of the development, all
26. improvements, including driveways, landscaping, and underground utilities shall
be located within a building envelope occupying no more than 50 percent of the
lot up to a maximum of 20,000 square feet, whichever is less, as approved by
the PLANNING AND Development Services Department.

35. That a A minimum of three terraced berms with 2:1 fill slopes shall be installed
27. along the full length of the quarry cut slope base. The terraces shall BE LIMITED
TO A MAXIMUM HEIGHT OF be 8 feet tall, minimum, and shall be PLANTED
plated with a staggered combination of 2-inch and 4-inch caliper, drought
resistant, deciduous trees at 25 feet ON center OR IN EQUIVALENT
GROUPINGS to center, as approved OR MODIFIED by the PLANNING AND
Development Services Department.

THE DEVELOPER MAY ALSO IMPLEMENT ALTERNATIVE SOLUTIONS FOR
THE NATURALIZING AND BLENDING OF THE QUARRY CUT SLOPE WITH
THE ADJACENT UNDISTURBED HILLSIDE AREA, AS APPROVED OR
MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

36. That sSolid block walls, except for retaining walls or privacy fencing on individual
28. lots, shall not be constructed outside of the building envelopes for the R1-18
portion of the site, as approved by the PLANNING AND Development Services
Department. Fencing constructed outside of the building envelope shall be
combination solid/view fencing. In addition, all fencing above the 15 percent
slope line shall be 100 percent view fencing.

37. That tThe entire 60-acre site shall have no perimeter fencing, as approved by the
29. PLANNING AND Development Services Department.

38. That pPrivate roadways within the R1-18 portion of the site shall be provided with
30. ribbon curbs and colored asphalt, as approved by the PLANNING AND
Development Services Department.

39. That private roadways within the R1-8 portion of the site shall be provided with a
31. raised, vertical curb, as approved by the Development Services Department.

40. That aAll HVAC units shall be ground mounted.
32.




Page 807
41. That aAll street lighting and wall mounted security fixtures shall be full cut off
33. lighting. Fixture height shall be a maximum of 12 feet. Street lighting fixtures
shall be decorative and have a consistent architectural theme, as approved by
the PLANNING AND Development Services Department.

42. That bBollards shall be used for accent lighting at the primary access, entry
34. monument, driveways, and trail crossings, as approved by the PLANNING AND
Development Services Department. Photovoltaic energy sources for bollard
lighting shall be provided.

43. That aAny request to delete or modify these stipulations SHALL be preceded by
35. A presentation to the Laveen Village Planning Committee (VPC) for review and
recommendation, and notification to the following persons two weeks prior to
presentation at the VPC:

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

44. That tThe following individuals shall be notified of any and all PLANNING AND
36. Development Services Department (DSD) meetings which are open to the
public. The applicant shall be responsible for notification to the following via a
first-class letter to be mailed at least two weeks prior to the DSD meeting(s):

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

45. That aAll sidewalks, within the R1-8 portion of the site, WHICH ARE
37. DEVELOPED ALONG STREETS DEVELOPED AS PUBLIC STREETS OR


Page 808
PRIVATE ACCESSWAYS shall be detached with a minimum five-foot wide
landscaped strip located between the sidewalk and back of curb and shall
include minimum two-inch caliper shade trees planted a minimum rate of 20 feet
on center or IN equivalent groupings along both sides of the sidewalk, as
approved OR MODIFIED by the PLANNING AND Development Services
Department. The landscape strip shall be installed by the developer and
maintained by the homeowners’ association.

46. That aA mix of two and three-inch caliper trees shall be provided within all
38. required common open space tracts. With the exception of the open space area
adjacent to 35th Avenue, the species of trees provided shall shade 50 percent of
the area of the open space at tree maturity, as approved by the PLANNING AND
Development Services Department.

47. That only one-story homes shall be located along 35th Avenue.
39.
LOTS 52-61 AND 82-83 1-7, LOCATED ALONG 35TH AVENUE AND AS
DEPICTED ON THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 MAY
26,2020, ARE LIMITED TO A MAXIMUM BUILDING HEIGHT OF 20 FEET, AS
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

48. That aA detailed site plan, landscaping plan, elevations, perimeter fence or wall
40. plan, lighting plan, and entry monument signage shall be reviewed by the Laveen
Village Planning Committee prior to preliminary site plan approval by the
PLANNING AND Development Services Department.


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

district granted pursuant to Ordinance G-5020, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-5020 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 24th day of June, 2020.




Page 809
________________________________
MAYOR



ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager

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




Page 810
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-19-- Z-165-06-7(8)

The West half of the South half of the Southeast quarter together with the South half of
the Southeast quarter of the Southeast quarter of Section 10, Township 1 South, Range
2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.




Page 811
Page 812
Staff Report: Z-165-06-7(8) (PHO-1-19)

APPLICATION: Z-165-06-7(8) (PHO-1-19)

APPLICANT: Jennifer Hall, Rose Law Group

REPRESENTATIVE: Tom Galvin, Rose Law Group

OWNER: Virtua 35th LLC

LOCATION: Northwest corner of 35th Avenue and Carver Road

REQUEST: 1) Modification of Stipulation 1 regarding general conformance
to the site plan date stamped October 8, 2007 and elevations
date stamped February 20, 2007.

2) Modification of Stipulation 7 regarding the landscape
setback adjacent to 35th Avenue.

3) Deletion of Stipulation 19 regarding conditional
development approval.

4) Modification of Stipulation 27 regarding height of terraced
berms along the quarry cut slope base.

5) Modification of Stipulation 31 regarding raised, vertical
curbs within the R1-18 portion of the site.

6) Modification of Stipulation 37 regarding detached sidewalks
and landscape strips within the R1-8 portion of the site.

7) Deletion of Stipulation 39 regarding one-story homes along
35th Avenue.

8) Technical corrections to Stipulations 4, 5, 6, 8, 9, 15, 18,
20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 33, 34, 36, 38, 40.


STAFF RECOMMENDATION
It is recommended that this request be denied as filed and approved with modifications
and additional stipulations as recommended by the Planning Hearing Officer.



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Staff Report – PHO-1-19—Z-165-06-7(8)
April 2, 2020 Planning Commission




PLANNING HEARING OFFICER RECOMMENDATION
On January 15, 2020, the Planning Hearing Officer (PHO) took this case under
advisement. On February 13, 2020 the Planning Hearing Officer took this case out from
under advisement and recommended denial as filed and approval with modifications and
additional stipulations.

BACKGROUND/ANALYSIS
The subject property is located at the northwest corner of 35th Avenue and Carver Road
and consists of approximately 59.48 gross acres. The eastern portion is approximately 20
acres and zoned R1-8. The western portion is approximately 40 acres and zoned R1-18.
The applicant’s request would only impact stipulations as applied to the eastern portion of
the site zoned R1-8.

The conceptual site plan depicts a 92-lot single-family detached residential development
at a density of 5.5 dwelling units per gross acre. The proposed layout utilizes a cluster
development design, primarily in blocks of four units oriented towards private drives. The
conceptual site plan depicts a total of 40.47 percent open space. However, the applicant
clarified at the January 15, 2020 PHO hearing that the R1-8 portion would provide a
minimum 26 percent open space, after clarifying the City’s standards for calculating open
space. Amenities will include a tot lot, pool, and open space to be centrally located within
the development.

The applicant requested modification of Stipulation 1, regarding general conformance to
the stipulated site plan and elevations, to accommodate a new site plan for the R1-8
portion of the site. The applicant proposed that the stipulation also be modified to ensure
that the R1-18 portion of the site retain its requirement for conformance with the original
stipulated site plan.

The applicant requested modification of Stipulation 7, regarding the landscape setback
adjacent to 35th Avenue. The applicant requested to decrease the landscape setback
from a 235-foot average and 200-foot minimum setback to a minimum 100-foot setback.
The applicant stated that the proposed site plan shifted units further east to reduce the
number of proposed lots in the hillside areas at the northwest corner of the site. They
stated that the stipulated landscape setback needs to be reduced in order to further
mitigate impacts on the hillside area.

The applicant requested deletion of Stipulation 19, regarding conditional development
approval. The applicant stated that the deletion of this stipulation would not change the
integrity of the project. Additionally, the original rezoning case was approved by
ordinance adoption and the zoning of the site was vested with the adoption of that
ordinance.

The applicant requested modification of Stipulation 27, regarding the height of terraced
berms along the quarry cut slope base, and proposed that the stipulated minimum 8-foot




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Staff Report – PHO-1-19—Z-165-06-7(8)
April 2, 2020 Planning Commission


terrace height be modified to permit a maximum 8-foot terrace height. They noted that
reduced terrace heights would be more consistent with the natural environment.

The applicant requested modification of Stipulation 31, regarding raised, vertical curbs
within the R1-18 portion of the sire, arguing that the community will be private and will
implement the City’s standard for private accessways, which depicts rolled curbs.

The applicant requested modification of Stipulation 37 regarding detached sidewalks and
landscape strips within the R1-8 portion of the site. Their proposed modification would
remove the requirement for detached sidewalks and enhanced planting standards.
Instead, the proposal would permit five-foot wide attached sidewalks throughout the
development. The applicant noted that mature trees would thrive in a natural
environment versus a constrained five-foot landscape strip. They also noted that the
proposal would include multi-use trails within the development.

The applicant requested deletion of Stipulation 39, regarding one-story homes along 35th
Avenue arguing that the stipulation language is unclear, and it does not clearly define
what distance or location along 35th Avenue the prohibition would apply to. The
applicant also noted that elimination of the stipulation would allow all buildings in the
development to adhere to the height restrictions for R1-8 zoning.

PREVIOUS HISTORY
On December 15, 2006, the Phoenix City Council approved the rezoning request from S-
1 (Ranch or Farm Residence) to R1-18 (Single-Family Residence) and R1-8 (Single-
Family Residence) on an approximately 59-acre property located at the northwest corner
of 35th Avenue and Carver Road, subject to stipulations.

The applicant’s initial application consisted of both RE-35 and R-2 zoning. The
conceptual site plan depicted a gated, mixed residential community including 22 one-acre
hillside lots (RE-35) with custom homes, 55 townhome units (R-2), and 81 condominiums
(R-2) totaling 158 dwelling units for the site and an overall project density of
approximately 2.6 dwelling units per acre. The custom home lots were to be sold and
developed on an individual basis. The custom home lots would be accessible via 39th
Avenue or through the eastern portion of the site via 35th Avenue. Ingress and egress
along 39th Avenue was intended to be gated since the primary entrance would be from
35th Avenue.

The application was modified and ultimately approved for R1-18 on the western 39.6-acre
portion of the site and R1-8 on the eastern 19.4-acre portion of the site. The stipulated
site plan depicted 121 dwelling units on 59 acres with an overall site density of 2.05
dwelling units per acre. There were no changes to the layout of homes on the R1-18
portion of the site, but the new plan now depicted 99 single-family, villa style units on the
R1-8 portion. The villa concept consisted of four detached units surrounding a central
courtyard with garage access around a shared driveway at the rear of each unit.




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Staff Report – PHO-1-19—Z-165-06-7(8)
April 2, 2020 Planning Commission


The eastern R1-8 portion of the site contains the remnants of an abandoned gravel mine
site. The applicant argued that the area was being developed with a higher density
residential product to rehabilitate the damaged site area. The detached villa product was
also viewed by the developer as an opportunity to enhance the residential diversity in the
Laveen area. Additionally, the higher density villa product was supported by staff given
the costly development associated with the mine. The applicant stated that site is risky
regarding development and would have to remove hazardous debris, import dirt to level
the site, and provide infrastructure improvements.

Numerous residents opposed the proposed density on the eastern portion of the site and
spoke in opposition at various meetings and hearings. Approximately 30 emails or letters
were received that discussed context, compatibility, and traffic conditions. Residents
stated that they wanted responsible development and adherence to the general plan of
Residential 0 to 1 dwelling units per acre. Residents also noted that there was a lack of
communication with the community. The applicant stated that it was difficult to reach a
resolution because there was no common ground between the developer and the
neighborhood and he was not willing to decrease the proposed density.

NEIGHBORHOOD CONCERNS

Correspondence
Ninety-eight letters of opposition were received regarding this request. Concerns
expressed in the correspondence include the following:
The City of Phoenix needs to enforce Ordinance G-5020, which requires zoning to
be placed back to S-1 (one house per acre) as of 2011. To date no action has
been taken which violated City Zoning Ordinance (83 emails);
Amend the General Plan to reflect Residential 0 to 1 and Parks/Open Space (83
emails);
Stipulation 19 protects the neighbors and community from high density
development that does not fit the area (83 emails);
Proposed density is too high for the area (5 emails);
City officials and City Council members should advocate for Laveen residents and
consider how residents will be negatively impacted (1 email);
Approval of the case would indicate corruption between the builder and
government officials (2 emails);
Two-story development will halt the appeal and devalue the real-estate in the area
(2 emails);
No notice was received by mail (1 email);
City signage at the site is hidden, illegible, and ineffective (2 emails);
The proposal does not address dangerous road conditions on Carver Road (4
emails);
Density greater than two houses per acre has ruined the rural character of Laveen
(4 emails);
The subject property is in the path of flood waters (4 emails);




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Staff Report – PHO-1-19—Z-165-06-7(8)
April 2, 2020 Planning Commission


The proposed development will increase traffic, consume resources, and increase
noise (3 emails);
The applicant is not providing elevations (1 email);
Any buildings within 200 feet of the eastern property line should be limited to one
story with a maximum height of 20 feet (1 email); and
The developer should provide an Environmental Impact Study (1 email).

GENERAL PLAN DESIGNATION
Parks/Open Space – Future 1 dwelling unit per acre, Residential 3.5 to 5 dwelling units
per acre, and Residential 0 to 1 dwelling units per acre

CHARACTER OF SURROUNDING LAND USE

Zoning Land Use

On-site: R1-18, R1-8 Former mine, vacant land

North: S-1, R1-18 PRD Vacant land

South: R1-18, County Vacant land, single-family
residential

East: County Vacant agricultural land, single-family
residential

West: County Vacant land, single-family residential

DEPARTMENT REVIEW COMMENTS

Archaeology
The City of Phoenix Archaeology Office (CAO) recommends archaeological survey of the
western portion of the project area to current professional standards. Archaeological
survey is stipulated under the original zoning case (Z-165-06) approved by the City
Phoenix Council on October 10, 2007. Additional archaeological work such as data
testing excavations or monitoring may be necessary based upon the results of the
survey. A qualified archaeologist must make this determination in consultation with the

This work is recommended in order to assist the project proponent in complying with the
State Burial Law, ARS 41-865, and Chapter 8, Section 802[B2] of the City’s Historic
Preservation Ordinance.

Aviation
No response.




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Staff Report – PHO-1-19—Z-165-06-7(8)
April 2, 2020 Planning Commission


Fire Prevention
Fire prevention does not anticipate any problems with this case. The site or/and
building(s) shall comply with the Phoenix Fire Code.

Also, we do not know what the water supply (GPM and PSI) is at this site. Additional
water supply may be required to meet the required fire flow per the Phoenix Fire Code.

Floodplain Management
We have determined that the project is not located in a Special Flood Hazard Area
(SFHA) but is located in a Shaded Zone X, on panel 2660 L of the Flood Insurance Rate
Maps (FIRM) dated October 16, 2013. Based on the project information provided, there
are no Floodplain Management requirements to fulfill.

Light Rail
No response.

Parks and Recreation
Parks and Recreation Department would require that the developer/owner dedicate a 30-
foot-wide multi-use trail easement (MUTE) along the west side of 35th Avenue and the
north side of Carver Road and construct a 10-foot-wide multi-use trail (MUT) within the
easement as indicated in Section 429 of the City of Phoenix MAG Supplement.

Public Transit
No comments.

Street Transportation
1. The developer shall provide a primary roadway from 35th Avenue extended to the
western property boundary, as approved by the Planning and Development
Department.

2. The primary roadway connecting 35th Avenue to the western edge of the property
line shall terminate as a stub street to the adjacent undeveloped land to the west
to provide for a future vehicular connection.

3. The proposal shall eliminate the stipulation related to rolled and vertical curbs.

4. The developer shall dedicate right-of-way as determined by Maricopa County
Department of Transportation (MCDOT) for 35th Avenue and as approved by
Planning and Development Department.

5. The developer shall dedicate right-of-way as determined by Maricopa County
Department of Transportation (MCDOT) for Carver Avenue and as approved by
Planning and Development Department.

Pedestrian Safety Coordinator - Street Transportation Department, Traffic Services
Division



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Staff Report – PHO-1-19—Z-165-06-7(8)
April 2, 2020 Planning Commission


The development should include detached sidewalks along Carver Road and along 35th
Avenue. The south side of Carver Road has a canal and restrictive barriers, which would
make it likely for pedestrians to use the north side of the road. The east side of 35th
Avenue is county jurisdiction, making it unlikely for any future development to include
detached sidewalks on the east side of 35th Avenue. The speed limit on both roads is 45
mph but we often receive complaints from residents in this area that these speed limits
are not respected, and people go 15 and 20 miles over the speed limit. This condition is
aggravated by the road slopes and overall darker conditions in this area. Therefore, in
order to provide a safer environment for pedestrians the developer should include
detached sidewalks with a generous landscaped buffer between the sidewalk and the
road.

Water Services
New public water mains required per the Carver Mountain Master Plan. This project falls
within pressure Zone 2S. Anew Zone 2S, 12-inch main shall be required from the existing
12-inch water main east of the proposed project (approximately 2,200 linear feet) within
Elliot Road, west to 35th Avenue, north on 35th Avenue crossing the canal and then
northeast within the Carver Road alignment (north side of canal) and tie into the existing
12-inch main within 27th Avenue. The existing 8-inch main within the Carver Road
alignment west of 27th Ave will need to be replaced by the new 12-inch main. A 12-inch
2S main will also need to be extended north on 35th Avenue along the frontage of the
proposed project. All onsite water will have to remain private, owned and maintained by
the homeowners.

All onsite sewer will have to remain private, owned and maintained by the homeowners.
The closest available sewer is approximately 2,800 linear feet north of the proposed
project. Given topography of the area to reach this available sewer, a private lift station
and private force main will be required. There is another available sewer main within 43rd
Avenue just north of the Elliot Canal but would require crossing several private properties
with the private force mains. Another option is to build a gravity sewer from the proposed
project west along Carver Road to 51st Avenue and then north to Dobbins Road and 51st
Avenue.

Standard Note Applies:
Please be advised that capacity is a dynamic condition that can change over time due to
a variety of factors. It is the City's intent to provide water and sewer service. However, the
requirements and assurances for water and sewer service are determined during the site
plan application review. For any given property, water and sewer requirements may vary
over time to be less or more restrictive depending on the status of the City’s water and
sewer infrastructure.

EXISTING WATER
Water mains: No Services

Services: City map shows none




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EXISTING SEWER
Sewer mains: No Services

SERVICES
City map shows none

REPAYMENT: N/A

VILLAGE PLANNING COMMITTEE RECOMMENDATION
The Laveen Village Planning Committee (VPC) heard this case on January 13, 2020 and
recommended denial by a vote of 11-0. The Laveen VPC motion also included a request
that the Planning Hearing Officer recommend to the Planning Commission to initiate a
zoning reversion for the site.

PLANNING HEARING OFFICER FINDINGS
The Planning Hearing Officer’s recommendation was based on the following findings:

1) The subject property of this request includes the entire 59 acres that comprised
the original rezoning case. However, the applicant only submitted plans
addressing the approximately 19.4 acres of R1-8 zoned property on the eastern
portion of the site, adjacent to 35th Avenue. Modifications are recommended to
the applicant’s request to ensure that the existing stipulations on the approximately
39.6 acres of R1-18 zoned property on the western portion of the site are not
modified or deleted. Additionally, the applicant did not submit elevations with the
request. The original stipulations included a general conformance requirement for
building elevations. A modification is recommended to the applicant’s request to
require a future Planning Hearing Officer application for review of conceptual
building elevations.

2) The stipulated site plan depicted 99 detached single-family units arranged in
clusters of two and four, oriented towards common courtyards. There are also
seven free-standing units depicted at the northwest corner of the site partially in
the hillside-designated area. The proposed conceptual site plan depicts 92 units
in a similar cluster-style arrangement. However, the units have been shifted east
on the property, reducing the total massing of development in the designated
hillside areas. Additionally, the homes are not oriented towards courtyards and
instead include larger private driveways in the front yards. There is more open
space preserved in the hillside area in the northwest portion of the site. There is
also more open space adjacent to the private accessways (Tract “A”) which
separates the homes from the streets. Because the homes are closer to 35th
Avenue, there is less open space provided along the east property line. See
Finding #3 for a more detailed description of the recommendation for minimum
open space and Finding #4 regarding the landscape setback on 35th Avenue.

3) An additional stipulation is recommended to require the developer provide a
minimum of 26% open space, of which a minimum of 12% shall be usable open



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space. The conceptual site plan depicts 40.47% open space. However, there is
no open space exhibit and the applicant indicated that a recalculation was
necessary to adequately represent provided open space in the hillside area,
setbacks, and other locations. The provision of 26% open space is compatible
with the rural character of the surrounding area, consistent with other recent
zoning actions in the Village, and significantly exceeds existing Ordinance
standards.

4) The proposed reduction of the landscape setback on 35th Avenue from 235 feet
(average) to minimum 100 feet accommodates the relocation of some residential
units out of the designated hillside areas, consistent with the City approved slope
analysis. The preservation of the hillside area will contribute to the rural character
of the site and maintain this unique natural feature of the property. See Finding #9
regarding the restoration of the disturbed area on the abandoned gravel mine that
occupies a portion of the remainder of the site.

5) Approximately 2,300 feet to the east of the subject property are the Hangar
Hacienda Units One, Two, and Three subdivisions. These properties are in
Maricopa County jurisdiction. These communities are oriented around an air strip
utilized by residents who own private aircraft. Based on comments from a resident
in this community, the typical flight path runs directly over the subject property of
this request. An additional stipulation is recommended regarding notification of the
aviation uses on these properties for future residents.

6) The subject property is archaeologically sensitive. Three additional stipulations
are recommended which outline the City’s requirements regarding data testing,
data recovery, and archaeological assessments and survey.

7) The public right-of-way along 35th Avenue and a small portion along Carver Road
is in Maricopa County Department of Transportation (MCDOT) jurisdiction. There
is also an active drainage project along the roadway. Therefore, additional
stipulations are recommended to acknowledge that MCDOT shall determine the
final width and dedications needed for the portion of right-of-way adjacent to the
subject property. City of Phoenix Street Transportation staff noted that in
discussions with MCDOT staff, MCDOT does not have immediate concerns
regarding the location of proposed retention areas shown on the conceptual site
plan in regard to the drainage project.

8) Original Stipulation 19 states that approval shall be conditioned upon the
development commencing within 48 months of the City Council approval. For
properties with similar stipulations, the Planning and Development Department has
required that a Planning Hearing Officer (PHO) action be pursued to modify or
delete these conditions at the time that development is proposed, if the proposed
development has exceeded the timeframe identified in the stipulation. The
applicant is pursuing this process through their request for deletion of the
stipulation. The modification or deletion of this stipulation through a PHO action is



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unrelated to the zoning reversion process which is a separate public hearing
process that is described in Section 506 of the Zoning Ordinance.

The applicant’s request for deletion of original Stipulation 19 is recommended for
approval. The current proposal is consistent with the City Council’s original intent
to see the subject property redevelop with a single-family residential land use in
the R1-8 zoning district. Additionally, the request is consistent with City Council
approved General Plan Amendment GPA-LV-1-08-7, which established a
Residential 3.5 to 5 dwelling units per gross acre land use designation on the
approximately 19.35 acres that comprises the R1-8 zoned portion of the property.
Both the proposed conceptual site plan, as modified by this recommendation, and
the existing R1-8 zoning designation are consistent with this land use designation.

9) Original Stipulation #27, requiring terraced berms planted with deciduous trees,
may result in an environment that contrasts with the natural landscape of the
existing hillside in the surrounding area. The stipulated terraced berm
configuration is not consistent with the irregular natural landscape of the existing
hillside in the surrounding area and there are no deciduous trees on hillside
locations in the immediate vicinity. Proposals for fill are commonly intended to
continue and promote a natural slope line, rather than creating terracing and other
unnatural finishes.

There are a variety of alternatives to the stipulated requirement for terraced berms
that may be considered for the site that would result in a more natural aesthetic to
the restored hillside. These include chemical treatments and coloration to remove
or camouflage scarring, hydroseeding of the slope to provide a mixture of natural
grasses and plants which may also stabilize the slope, and roughening the cut or
restored slope to integrate pockets for additional native landscaping.

Modified stipulation language is recommended to allow the applicant to work with
City staff on an alternative approach to restoring the quarry cut slope base to
promote a more natural landscape along the hillside.

10)The provision of detached sidewalks is consistent with numerous City policy plans.
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the City’s planning and
development process. Additionally, the City Council adopted Guiding Principles
for Complete Streets seeks to make Phoenix more walkable by promoting a safe
and inviting pedestrian environment that encourages walkability and thermal
comfort. These principles are also expressed and expanded upon throughout the
2015 General Plan.

Therefore, the applicant’s request to delete this requirement and instead stipulate
a 5-foot sidewalk width is recommended for denial. However, the street layout on
the proposed conceptual site plan may require the utilization of both private drives
(between units) and private accessways (Tract “A”). There are different technical



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requirements and cross sections for these street types and it may be difficult to
integrate detached sidewalks along both sides of private drives.
A modification of the applicant’s request is recommended to require that detached
sidewalks shall be provided, as originally stipulated, along all streets that are
developed as public streets or private accessways.

11)The Street Transportation Department noted that both original Stipulation 31 and
the applicant’s proposed modified language may create conflicts if the
development is to include both attached and detached sidewalks. The City of
Phoenix standard detail for detached sidewalks along private accessways requires
vertical curbs. Attached sidewalks may be permitted to provide rolled curbs.
Deletion of the stipulation will allow the appropriate detail to be utilized based on
the final configuration of sidewalks at appropriate locations throughout the
development.

12)Original Stipulation 39 required that homes along 35th Avenue would be limited to
one-story. The stipulation did not specify a maximum building height. Additionally,
it is unclear whether the stipulation was intended to apply to the individual units
located closest to 35th Avenue or the entire clusters. The original stipulation may
permit a variety of building heights and locations for height-restricted lots.

However, the intent of the stipulation was to mitigate the impacts of building height
for units closest to 35th Avenue and would have impacted homes at approximately
235 feet (the stipulated average setback in original Stipulation 7). This remains a
valid concern and consistent with the design of other recent projects in the Village.
Therefore, the applicant’s request for deletion of this stipulation is recommended
for denial. An alternative stipulation is proposed that limits maximum building
height to 20 feet for the 12 lots that are located within approximately 235 feet of
35th Avenue. This recommendation is intended to clarify the limitation on building
height and identify the specific lots impacted.

PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS

General

1. That development shall be in general conformance with the site plan date
stamped October 8, 2007, and elevations date stamped February 20, 2007, as
modified by the following stipulations, and as approved by the Development
Services Department.

1. THE R1-8 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019, AS MODIFIED BY
THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC REGARD TO THE
FOLLOWING:



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A. THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM 35TH
AVENUE EXTENDED TO THE WESTERN PROPERTY BOUNDARY, AS
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

B. THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE
WESTERN EDGE OF THE PROPERTY LINE SHALL TERMINATE AS A
STUB STREET TO THE ADJACENT UNDEVELOPED LAND TO THE WEST
TO PROVIDE FOR A FUTURE VEHICULAR CONNECTION.

2. CONCEPTUAL ELEVATIONS FOR THE R1-8 DEVELOPMENT 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 R1-18 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED OCTOBER 8, 2007, AND ELEVATIONS
DATE STAMPED FEBRUARY 20, 2007, AS MODIFIED BY THE FOLLOWING
STIPULATIONS AND APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

4. That dDevelopment of the R1-18 portion of the site shall not exceed 22 lots.
2.

5. That dDevelopment of the R1-8 portion of the site shall not exceed a density of 99
3. lots.

6. THE R1-8 DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN
SPACE, OF WHICH A MINIMUM OF 12% SHALL BE USABLE OPEN SPACE,
AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

Site Design

7. That uUnobstructed pedestrian access (for the purpose of private pedestrian
4. connectivity internal to the site) between the R1-18 and R1-8 portions of the site
shall be provided, as approved by the PLANNING AND Development Services
Department.

8. That nNo solid wall in excess of three feet in height as measured from the finished
5. grade, shall be located on the site (either in private lots or common tracts) except



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that solid walls greater than three feet in height shall be allowed for the following
purposes, as approved by the PLANNING AND Development Services
Department.

a. Walls utilized to screen utilities, trash enclosures, or other facilities
generally considered to be visually obtrusive.

b. Retaining wall.

9. That nNo more than 60,000 square feet of natural turf area shall be located within
6. the common areas of the R1-8 portion of the site (this requirement does not apply
to synthetic turf); if provided, common area natural turf should be centrally located
and grouped so as to create one contiguous natural turf recreation area, as
approved by the PLANNING AND Development Services Department.

10. That a 235-foot (average), 200-foot (minimum) THE DEVELOPMENT SHALL
7. PROVIDE A MINIMUM 100 FOOT landscaped setback ALONG THE EAST
PROPERTY LINE adjacent to 35th Avenue shall be provided, as approved by the
PLANNING AND Development Services Department.

11. That a A 50-foot (minimum) landscaped setback adjacent to Carver Road (final
8. alignment) shall be provided, as approved by the PLANNING AND Development
Services Department.

12. That tThose portions of spider and jeep trails which are not part of the approved
9. grading envelopes, access drives, or other necessary site disturbance related to
the proposed development of the R1-8 portion of the site shall be re-vegetated in
a manner consistent with adjacent undisturbed vegetation, as approved by the
PLANNING AND Development Services Department.

Disclosures

13. That pPrior to final site plan approval, the property owner shall record documents
10. that disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active agricultural uses
and non-domesticated animal keeping. The form and content of such documents
shall be according to the templates and instructions provided, which have been
reviewed and approved by the City Attorney.

14. THAT PRIOR TO FINAL SITE PLAN APPROVAL, THE PROPERTY OWNER
SHALL RECORD DOCUMENTS THAT DISCLOSE TO TENANTS OF THE SITE
OR PURCHASERS OF PROPERTY WITHIN THE SITE, THE EXISTENCE,
PROXIMITY, AND OPERATIONAL CHARACTERISTICS OF ACTIVE AVIATION
USES IN THE HANGAR HACIENDAS UNITS ONE, TWO, AND THREE
SUBDIVISIONS LOCATED APPROXIMATELY 2,300 FEET TO THE EAST OF



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THE SUBJECT PROPERTY IN MARICOPA COUNTY. 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.

Parks and Recreation

15. That tThe developer shall dedicate a multi-use trail easement and construct a
11. multi-use trail, per adopted standards, along the north side of Carver Road, as
approved by the Parks and Recreation Department.

Archaeology

16. That tThe applicant shall complete an archaeological survey report of the
12. development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, or grading.

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.

Street Transportation

20. That rRight-of-way totaling 55 feet shall be dedicated for the west half of 35th
13. Avenue, as approved by the Street Transportation Department. 35th Avenue shall
be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

21. That rRight-of-way totaling 55 feet shall be dedicated for the west half of Carver



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14. Road, as approved by the Street Transportation Department. Carver Road shall
be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

22. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR 35TH AVENUE AS
DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

23. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR CARVER ROAD
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

24. That aA traffic impact study shall be submitted to, and approved by, the Street
15. Transportation Department prior to PLANNING AND Development Services
Department preliminary site plan approval. That all right-of-way dedications and
associated infrastructure improvements as recommended by the traffic impact
study shall be installed by the developer, as approved by the PLANNING AND
Development Services Department.

25. That tThe developer shall construct all streets within and adjacent to the
16. development with paving, curb, gutter, sidewalk, curb ramps, streetlights, median
islands, landscaping, and other incidentals, as modified by these stipulations, and
as approved by the Street Transportation Department. All improvements shall
comply with all AmericanS with Disabilities Act accessibility standards.

26. That tThe applicant shall complete and submit the Developer Project Information
17. Form for the Maricopa Association of Governments Transportation Improvement
Program. This form is a requirement of the Environmental Protection Agency to
meet clean air quality requirements.

27. That pPrior to preliminary site plan approval, the landowner shall execute a
18. Proposition 207 waiver of claims utilizing the provided template. The waiver shall
be recorded with the Maricopa County Recorder’s Office and a copy shall be
provided to the PLANNING AND Development Services Department for the case
files.

19. That approval shall be conditional upon the development commencing within 48
months of the City Council approval of this change of zoning in accordance with
Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation,
development shall commence with the issuance of building permits and erection
of the building walls on site.

Neighborhood



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28. That bBuilding pad cuts shall be terraced if more than 6 feet in height and treated
20. with a stain, gunnite, or equivalent finish, as approved by the PLANNING AND
Development Services Department.

29. That aAll two story homes, within the R1-18 portion of the site, shall be designed
21. in a manner such that the square footage of the second story floor area does not
exceed 66 percent of the first story floor area does not exceed 66 percent of the
first story floor area, as approved by the PLANNING AND Development Services
Department.

30. That cConcrete channels shall be designed to look natural in the desert setting
22. through color, texture, landscaping, or other means, as approved by the
PLANNING AND Development Services Department.

31. That tThe use of riprap and engineered culverts shall be minimized and, where
23. utilized, shall be integrated with the desert setting through color, texture, soil
plating, landscaping, or other means, as approved by the PLANNING AND
Development Services Department. To the extent possible, culverts shall be
undersized to allow minor flows (10 cfs or smaller) to cross roadways in their
natural condition.

32. That wWashes with a one-hundred-year peak flow of 200 cfs or greater shall be
24. preserved and enhanced with native vegetation as described in Appendix A,
Approved Plant Species List for Sonoran Preserve Edge Treatment Guidelines,
as approved by the PLANNING AND Development Services Department.

33. That lLots with 2 or more sides abutting undisturbed open space shall be
25. designed with obtuse angles, rather than right angles or acute angles, as
approved by the PLANNING AND Development Services Department.

34. That oOn non-hillside lots within the R1-18 portion of the development, all
26. improvements, including driveways, landscaping, and underground utilities shall
be located within a building envelope occupying no more than 50 percent of the
lot up to a maximum of 20,000 square feet, whichever is less, as approved by the
PLANNING AND Development Services Department.

35. That a A minimum of three terraced berms with 2:1 fill slopes shall be installed
27. along the full length of the quarry cut slope base. The terraces shall BE LIMITED
TO A MAXIMUM HEIGHT OF be 8 feet tall, minimum, and shall be PLANTED
plated with a staggered combination of 2-inch and 4-inch caliper, drought
resistant, deciduous trees at 25 feet ON center OR IN EQUIVALENT
GROUPINGS to center, as approved OR MODIFIED by the PLANNING AND
Development Services Department.




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THE DEVELOPER MAY ALSO IMPLEMENT ALTERNATIVE SOLUTIONS FOR
THE NATURALIZING AND BLENDING OF THE QUARRY CUT SLOPE WITH
THE ADJACENT UNDISTURBED HILLSIDE AREA, AS APPROVED OR
MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

36. That sSolid block walls, except for retaining walls or privacy fencing on individual
28. lots, shall not be constructed outside of the building envelopes for the R1-18
portion of the site, as approved by the PLANNING AND Development Services
Department. Fencing constructed outside of the building envelope shall be
combination solid/view fencing. In addition, all fencing above the 15 percent slope
line shall be 100 percent view fencing.

37. That tThe entire 60-acre site shall have no perimeter fencing, as approved by the
29. PLANNING AND Development Services Department.

38. That pPrivate roadways within the R1-18 portion of the site shall be provided with
30. ribbon curbs and colored asphalt, as approved by the PLANNING AND
Development Services Department.

39. That private roadways within the R1-8 portion of the site shall be provided with a
31. raised, vertical curb, as approved by the Development Services Department.

40. That aAll HVAC units shall be ground mounted.
32.

41. That aAll street lighting and wall mounted security fixtures shall be full cut off
33. lighting. Fixture height shall be a maximum of 12 feet. Street lighting fixtures shall
be decorative and have a consistent architectural theme, as approved by the
PLANNING AND Development Services Department.

42. That bBollards shall be used for accent lighting at the primary access, entry
34. monument, driveways, and trail crossings, as approved by the PLANNING AND
Development Services Department. Photovoltaic energy sources for bollard
lighting shall be provided.

43. That aAny request to delete or modify these stipulations SHALL be preceded by
35. A presentation to the Laveen Village Planning Committee (VPC) for review and
recommendation, and notification to the following persons two weeks prior to
presentation at the VPC:

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274



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d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

44. That tThe following individuals shall be notified of any and all PLANNING AND
36. Development Services Department (DSD) meetings which are open to the public.
The applicant shall be responsible for notification to the following via a first-class
letter to be mailed at least two weeks prior to the DSD meeting(s):

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

45. That aAll sidewalks, within the R1-8 portion of the site, WHICH ARE
37. DEVELOPED ALONG STREETS DEVELOPED AS PUBLIC STREETS OR
PRIVATE ACCESSWAYS shall be detached with a minimum five-foot wide
landscaped strip located between the sidewalk and back of curb and shall include
minimum two-inch caliper shade trees planted a minimum rate of 20 feet on
center or IN equivalent groupings along both sides of the sidewalk, as approved
OR MODIFIED by the PLANNING AND Development Services Department. The
landscape strip shall be installed by the developer and maintained by the
homeowners’ association.

46. That aA mix of two and three-inch caliper trees shall be provided within all
38. required common open space tracts. With the exception of the open space area
adjacent to 35th Avenue, the species of trees provided shall shade 50 percent of
the area of the open space at tree maturity, as approved by the PLANNING AND
Development Services Department.




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47. That only one-story homes shall be located along 35th Avenue.
39.
LOTS 52-61 AND 82-83, LOCATED ALONG 35TH AVENUE AND AS DEPICTED
ON THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019, ARE LIMITED TO
A MAXIMUM BUILDING HEIGHT OF 20 FEET, AS APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

48. That aA detailed site plan, landscaping plan, elevations, perimeter fence or wall
40. plan, lighting plan, and entry monument signage shall be reviewed by the Laveen
Village Planning Committee prior to preliminary site plan approval by the
PLANNING AND Development Services Department.


PLANNING HEARING OFFICER RECOMMENDATION
It is recommended that this request be denied as filed and approved with modifications
and additional stipulations as recommended by the Planning Hearing Officer.

ATTACHMENTS
A – Appeal Documents (4 pages)
B – Applicant’s Narrative (4 pages)
C – Aerial Map (1 page)
D – Zoning Map (1 page)
E – Ordinance G-5020 from Rezoning Case No. Z-165-06-7 (11 pages)
F – Sketch Map from Rezoning Case No. Z-165-06-7 (1 page)
G – Proposed Site Plan date stamped November 21, 2019 (3 pages)
H – Stipulated Site Plan date stamped October 8, 2007 (1 page)
I – Stipulated Elevations (2 pages)
J – Laveen Village Planning Committee Minutes (13 pages)
K – PHO Summary for Z-165-06-7(8) (PHO-1-19) (18 pages)
L – Correspondence (191 pages)




Page 831
Page 832
PLANNING HEARING OFFICER APPEAL
I HEREBY REQUEST THAT THE PLANNING COMMISSION/CITY COUNCIL HOLD
A PUBLIC HEARING ON:
APPLICATION NO: PHO-1-19--Z-165-06-7(8)
LOCATION: Northwest corner of 35th Avenue and Carver Road
PHO HEARING DATE: 1/15/20 (UA 2/13/20) RECEIVED: 2/14/20
APPEALED BY: Opposition Applicant
APPEALED TO: PLANNING 4/2/20
COMMISSION TENTATIVE DATE
CITY COUNCIL
TENTATIVE DATE
NAME/ADDRESS/CITY/STATE/ZIP PHONE #
Cyd Manning
3220 West Ceton Drive 480-747-0769
Laveen, Arizona 85339
RECEIPT NUMBER:
REASON FOR REQUEST:
The City of Phoenix is in violation of its own Zoning Ordinance and is bound to
enforce Ordinance G-5020--Z-165-06-7. The zoning on this property expired October
2011 and is technically S-1. Stipulation 19 was approved with the original case to
protect the community from the R1-8 spot zoning that was clearly inconsistent with
the area in 2007 and is clearly inconsistent today. Deleting Stipulation 19 is
negligence in enforcement. The Planning Commission & City Council can and should
immediately correct the violation and codify the zoning reversion to S-1 and realign
the General Plan, prior to hearing any requested action on this case. The applicant
states they will sue the City if they don't get what they want regarding deleting
Stipulation 19. No one is above the law.
Taken By: Radesha Williams

c: Ben Ernyei – Posting
Benjamin Kim, IS
PDD All


S:\Planning\Rezoning\Hearings\PHO\Appeals\PHO Appeal Form.doc




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PLANNING HEARING OFFICER APPEAL
I HEREBY REQUEST THAT THE PLANNING COMMISSION/CITY COUNCIL HOLD
A PUBLIC HEARING ON:
APPLICATION NO: PHO-1-19--Z-165-06-7(8)
LOCATION: Northwest corner of 35th Avenue and Carver Road
PHO HEARING DATE: 1/15/20 (UA 2/13/20) RECEIVED: 2/14/20
APPEALED BY: Opposition Applicant
APPEALED TO: PLANNING 4/2/20
COMMISSION TENTATIVE DATE
CITY COUNCIL
TENTATIVE DATE
NAME/ADDRESS/CITY/STATE/ZIP PHONE #
Lisa Vializ
8921 South 53rd Drive 602-741-5722
Laveen, Arizona 85339
RECEIPT NUMBER:
REASON FOR REQUEST:
The City of Phoenix is in violation of its own Zoning Ordinance and is bound to
enforce Ordinance G-5020--Z-165-06-7. The zoning on this property expired October
2011 and is therefore S-1. Stipulation 19 was approved as part of the original zoning
case to protect the community from R-8 spot zoning. That was clearly inconsistent
with the area in 2007 and is clearly inconsistent today. Deleting Stipulation 19 is
negligence in enforcement. The Planning Commission and City Council can and
should immediately correct the violation and codify the zoning reversion to S-1 and
align the General Plan with S-1 prior to hearing and requested action on this case.
The applicant states they will sue the City if they do not set what they want regarding
deleting Stipulation 19. No one is above the law.
Taken By: Radesha Williams

c: Ben Ernyei – Posting
Benjamin Kim, IS
PDD All


S:\Planning\Rezoning\Hearings\PHO\Appeals\PHO Appeal Form.doc




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December 9, 2019


Planning Hearing Officer
Planning & Development Department
200 West Washington Street, 2nd Floor
Phoenix, Arizona 85003


RE: Request to modify stipulations for Rezoning Case Z-165-06


Dear Planning Hearing Officer:


Rose Law Group pc on behalf of Virtua 35th LLC (the “Owner”) is pleased to request a
Stipulation Modification to Ordinance G-5020 (Case Z-165-06-7) for 58.998 acres of
real property located on the northwest corner of Carver Rd. and 35 th Ave. (the
“Property”), APN# 300-11-008V. This request is being made in order to facilitate and
rationalize development on a property that has served as a blighted site for decades.
Although the site has been vacant for over a decade, previous land uses included mining
activity. Unnatural topography and significant disturbance are testament to the site’s
history and can still be seen today. Redevelopment of the Property proposes to
revitalize the scarred areas while protecting those environmental features that still exist.
The Property is located within Council District 7 and the Village of Laveen. Existing and
developing residential communities are located in the surrounding area, including the
property adjacent to the site’s southern boundary, an approximately 96 acre future
residential community. Ancillary roadway and offsite improvements are also
anticipated with the development of this site.
The subject zoning case (Z-165-06) was heard and approved by City of Phoenix Council
on October 10, 2007 after appearing before Planning Commission and the Laveen
Village Planning Committee. The zoning case was approved to rezone approximately
sixty acres of S-1 (Ranch or Farm Residence) to forty acres R1-18 (Single-Family
Residence) and twenty acres R1-8 (Single-Family Residences). In the original
stipulations density per zoning district is stipulated at a maximum of twenty two lots on
the R1-18, 40 acre area, and a maximum of 99 lots on the R1-8, 20 acre portion, for a
total of 121 lots on approximately 60 acres.
The Owner proposes to maintain the intent of the original zoning case by not modifying
those stipulations related to the R1-18 portion, and proposing a similar site plan and
density that was approved, with a more practical, sensitive, and luxury approach on the
R1-8 portion. Connections to the future community to the south, less units overall,
sensitivity and specification on the site’s hillside topography, and trail opportunities are



Page 838
some of the ways the Property owner has holistically designed the site to respond to the
community and the environment. The proposed lot dimensions have been updated
since the original site plan, but maintains consistency with the conceptual elevations.
This responds to market demand while implementing the luxuries of fee simple lots and
private amenities.
Many years have passed since the rezoning and most of the surrounding area has
changed hands and been partially developed. Subsequently some of the stipulations
imposed as conditions of the zone change are no longer relevant or practical.
Accordingly, the applicant believes that is appropriate to modify Z-165-06 stipulations
and request modifications and deletions as shown below in legislative form. Please note
this request only impacts the R1-8 (eastern +/-20 acres) portion and no stipulation or
site plan modifications are requested to the western +/-40 acres of R1-18.
Proposed Modifications to Ordinance G-5020 (Case Z-165-06-7) Stipulations
1. That R1-8 development shall be in general conformance with the site plan date
stamped October 8, 2007 August 29, 2018, and elevations date stamped
February 20, 2007, as modified by the following stipulations, and as approved by
the Development Services Department.

Modification Rationale: A new site plan is proposed with this application to
facilitate an alternative residential development on the eastern 20 acres. The
proposed development will alter lot design and location but will not amend the
approved density. The site plan considers the future development to the south
and offers connectivity through a shared emergency exit road, as well as
pedestrian linkage. Product elevations are still conceptual and will be finalized
upon engagement from a builder. Until this time, the property owner would
like to maintain elevation flexibility, but is willing to stipulate to lot design.

2. That R1-18 development shall be in general conformance with the site
plan date stamped October 8,2007, as modified by the following
stipulations, and as approved by the Development Services
Department.

Addition Rationale: No change to the R1-18 portion of the site (western 40
acres) is proposed with this application. Therefore, the applicant is willing to
maintain general conformance to the site plan provided in the original zoning
case.

7. That a 235-foot (average), 200-foot (minimum) MINIMUM ONE HUNDRED
(100) FOOT landscaped setback adjacent to 35th Avenue shall be provided, as
approved by the Development Services Department.

Modification Rationale: Several reasons play into the justification of a decrease
in landscape setbacks along 35th Ave. First, the site plan setting this
requirement in the zoning case was purely conceptual and did not elevate the
site plan design to a technical level, including but not limited to parking




Page 839
requirements, retention requirements, grading, street standards, etc. The
proposed site plan conforms to the technical standards of the City, and
subsequently requires additional space. The site plan has also slightly shifted
east decreasing the landscape setback along 35th Ave. in order to mitigate
disturbance to the environmentally sensitive areas located in the northwest
corner. Other upgrades to the community have been made that have detracted
from the setback along 35th Ave. including garage parking and additional
common amenity spaces. It is worth noting that the stipulated landscape
setback along Carver Road is maintained with this request.

19. That approval shall be conditional upon development commencing within 48
months of the City Council approval of this change of zoning in accordance with
Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation,
development shall commence with the issuance of building permits and erection
of building walls on site.

Deletion Rationale: As mentioned before the property owner is not a
homebuilder and therefore does not have control of when building permits will
be pulled. It is also likely that the developer of the R1-8 portion will be different
than the builder of the R1-18 area, which is unreasonable to tie both areas to the
same timeline. Additionally, the R1-18 lots lend to custom homesite, where an
individual person could design and build independently. Removing this
stipulation does not change the integrity of the project but allows for flexibility
of timing so a quality developer/person can thoughtfully execute every aspect of
the proposed site plan.

27. That a minimum of three terraced berms with 2:1 fill slopes shall be installed
along the full length of the quarry cut slope base. The terraces shall be 8 feet tall,
minimum MAXIMUM, and shall be plated with a staggered combination of 2-
inch and 4-inch caliper, drought¬ resistant, deciduous trees at 25 feet center to
center, as approved by the Development Services Department.

Modification Rationale: It is likely that the intent of this stipulation was to limit
the disturbance to the area and treat in a way that would blend with the natural
environment. Therefore, limiting the terrace height accomplishes this goal
further.

31. That private roadways within the R1-8 portion of the site shall be provided with a
raised, vertical curb ROLL CURB, as approved by the Development Services
Department.

Modification Rational: The proposed community will likely be private, and
therefore implement the City of Phoenix standard of “Private Accessway.” This
detail depicts a roll curb.

37. That all sidewalks, within the R1-8 portion of the site, shall be A MINIMUM
WIDTH OF FIVE (5) FEET. detached with a minimum five-foot-wide




Page 840
landscaped strip located between the sidewalk and back of curb and shall include
minimum two-inch caliper shade trees planted a minimum rate of 20 feet on
center or equivalent groupings along both sides of the sidewalk, as approved by
the Development Services Department. The landscape strip shall be installed by
the developer and maintained by the homeowners association.

Modification Rationale: As previously mentioned the site plan approved with
the current zoning case was conceptual and did not take into detail the technical
aspect of implementing detached sidewalks of this magnitude. The proposed
site plan has better utilized the site’s space and has offered attached five foot
wide sidewalks on all major circulation routes, in addition to multi-use trails.
Landscaping has been appropriately planned to maximize areas of shade, while
recognizing the importance of drought tolerant plant species. It should also be
noted that mature trees often thrive in a more natural environment versus a
constrained five foot landscape strip.

39. That only one-story homes shall be located along 35th Avenue.

Deletion Rationale: This stipulation, as written, is unclear and fails to define
homes “along” 35th Ave. and specification of a building height associated with
the stated stories. Additionally, given the proposed lot size and garage option,
any single-story home would have severe square footage constraints. Deletion
of this stipulation will eliminate various interpretations and mandate that all
building heights conform to the zoning requirement (two stories and thirty feet).

The stipulations imposed in 2007 under zoning case Z-165-06 were based on a
conceptual site plan that didn’t consider the environmental and technical constraints of
this unique site. This coupled with the change in market demand, evolving community,
and adjacent residential development, justifies the needs to update and simplify the
subject stipulations. This will result in a thriving and unique community on a vacant
and otherwise blighted site. The proposed modifications reflect an effort to produce an
appealing and sensitive development that aligns with the desires of the City and the
community.




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H AVE




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H AVE




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OLNEY AV
R1-18 PRD *
APP
R1-10 *
Z-86-01
Z-128-02
COU
Z-79-04


S-1




MARICOPA
COUNTY
MARICOPA
COUNTY
S-1
S-1




CETON RD
(ELLIOT ALIGNMENT)


APP
R1-18 PRD *
S-1 Z-51-05
Z-111-05
ANX 342

MARICOPA
COUNTY




BROADWAY RD
Z-165-06
SOUTHERN AVE

BASELINE RD

NORTH DOBBINS RD

700 350 0 700 Feet ELLIOT RD

ESTRELLA DR

CITY OF PHOENIX PLANNING DEPARTMENT



CITY COUNCIL DISTRICT: 7

APPLICANT'S NAME: REQUESTED CHANGE:
LVA URBAN DESIGN STUDIO - ALAN BEAUDOIN FROM:
S-1 (59.0 ac)
DATE: 04-10-2007
APPLICATION NO.
Z-165-06 12-21-2006
REVISION DATES:

10-09-2007
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP TO:
R1-8 (19.4 ac)
QUARTER SEC. NO.
59 Acres R1-18 (39.6 ac)
Q04-20 C6
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1 59 N/A
R1-8 / R1-18 77 / 77 100 / 92
* Maximum Units Allowed with P.R.D. Bonus
Page 859 (N:\IS_Team\Core_Functions\Zoning\sketch_maps\2006\Z-165-06.mxd) 10/9/2007
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LAVEEN VILLAGE PLANNING COMMITTEE
Meeting Minutes
Monday, January 13, 2020
Laveen Elementary School District Office #59
Laveen Education Center, Building B, Room #101
5001 West Dobbins Road, Laveen, Arizona.


Members Present Members Excused Staff Present
Robert Branscomb, Chair Samantha Keating
Tonya Glass, Vice Chair Sarah Stockham
Linda Abegg Christine Mackay
Wendy Ensminger
Cinthia Estela
Gary Flunoy
Rochelle Harlin
Stephanie Hurd
John Mockus
Carlos Ortega
Jennifer Rouse


1. Call to order, introductions and announcements by Chair.

Chairman Robert Branscomb called the meeting to order at 6:35 p.m. There was a
quorum with 11 members present.

2. Review and approval of the December 9, 2019, meeting minutes.

MOTION

Ms. Stephanie Hurd moved to approve the minutes as presented. Mr. John Mockus
seconded the motion.

Vote
11-0, Motion to approve, with Committee Members Abegg, Branscomb, Ensminger,
Estela, Flunoy, Glass, Harlin, Hurd, Mockus, Ortega and Rouse in favor.

3. Public comment concerning items not on the agenda.
Mr. Jon Kimoto commented that the Pledge of Allegiance was dropped from the
agenda. He stated that the Pledge represents three basic American values: in God we
trust, liberty, and “E Pluribus Unum” (out of many, one). He requested that the
committee reaffirm our tradition and implement the recital of the Pledge of Allegiance.
Mr. Phil Hertel led the committee and audience in reciting the Pledge of Allegiance.

4. INFORMATION ONLY: Presentation and discussion regarding economic development
opportunities for the Loop 202 corridor.


Page 870
Ms. Christine Mackay, Community and Economic Development Director, presented on
economic development along the Loop 202 Corridor. She expects high-tech and
advanced services jobs along the Corridor. She explained that the marketing name is
the “South Mountain Technology Corridor” which intends to bring high-wage jobs to the
area. She explained that her office is doing marketing and outreach to get the right
companies and jobs in Laveen.

Ms. Hurd expressed concern that a large technology company had lost interest in
relocating to the area.

Ms. Mackay replied that her office is continuing to reach out to other large technology
companies.

Mr. Flunoy wanted to see more signage stating the name of the freeway as the Ed
Pastor Freeway.

Vice Chair Glass requested to be included in a subcommittee of community members
who meet with the technology companies. She would also like to help draft marketing
language for Laveen.

Ms. Mackay explained that community members can meet with City staff but meetings
with technology companies must remain confidential due to non-disclosure agreements.

Mr. James Hughes inquired if the City was partnering with the County as there is
County-owned land along the Corridor and if the City has education efforts for the
Corridor as well.

Ms. Mackay replied that education is key and that training the workforce is pivotal to
making the area desirable.

Ms. Jane Craig commented that there is a lack of trees along Baseline Road.

Ms. Mackay replied that the City has a capital improvement program to address those
concerns.

Mr. Dan Penton explained that it is critical that the vision for the Laveen Village be
acknowledged and listed existing area assets.

Ms. Mackay responded that she hoped to return the Village Planning Committee within
the first half of 2020 with an update.

6. Z-165-06 (PHO-1-19): Presentation, discussion, and possible recommendation on a
request to modify stipulations of entitlement for a property located on the northwest
corner of 35th Avenue and Carver Road. Request to modify stipulation 1 regarding
general conformance to the site plan date stamped October 8, 2007 and elevations date
stamped February 20, 2007; modification of Stipulation 7 regarding the landscape
setback adjacent to 35th Avenue; deletion of Stipulation 19 regarding conditional
development approval; modification of Stipulation 27 regarding height of terraced berms


Page 871
along the quarry cut slope base; modification of Stipulation 31 regarding raised, vertical
curbs within the R1-18 portion of the site; modification of Stipulation 37 regarding
detached sidewalks and landscape strips within the R1-8 portion of the site; deletion of
Stipulation 39 regarding one-story homes along 35th Avenue; and technical corrections
to Stipulations 4, 5, 6, 8, 9, 15, 18, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 33, 34, 36, 38,
40.

Chair Branscomb elected to hear this item out of order.

1 speaker card was submitted in favor, wishing to speak.

1 speaker card was submitted in favor, not wishing to speak.

28 speaker cards were submitted in opposition, wishing to speak. Ten of those
speakers chose to donate their time to Cyd Manning. Two of those speakers chose to
donate their time to Jon Kimoto. One speaker chose to donate their time to John Knight.
One speaker chose to donate their time to Scott Johnson.

99 speaker cards were submitted in opposition, not wishing to speak.

Ms. Sarah Stockham, staff, provided on overview of the request. She displayed an
aerial map, previously approved site plan, proposed site plan, and briefly reviewed the
request for stipulation modifications and deletions.

Mr. Tom Galvin, with Rose Law Group, explained the history of the case. He stated
that the reason for the request is in response to on-site conditions and to comply with
the Hillside Ordinance. He explained that they are not requesting a change in zoning,
their proposal is less dense than what was originally proposed and that they are
providing twenty-three percent open space. He then reviewed each stipulation
modification and deletion. He explained that the reason to update the dates in
Stipulation 1 is to match the current plan dates. The reason for modification of the
required setbacks along 35th Avenue in Stipulation 7 is that the slope analysis required
that the homes be shifted east to protect the natural hillside feature. He continued that
Proposition 207 renders Stipulation 19 moot. He explained that modifying Stipulation 27
is for safety concerns regarding a terrace height of eight feet or more. He continued that
landscaping and beatification of the quarry is still proposed, but under safer conditions.
He stated that Stipulation 31 with the roll curb requirement violates the City’s current
standard and that the private drives will conform to the City of Phoenix’s standards. He
added that modifying Stipulation 37 to remove the detached sidewalk requirement is to
conform to City standards. He explained that additional trails are offered through
common area open spaces and surrounded by landscaping. Lastly, he explained that
deletion of Stipulation 39 regarding one-story homes along 35th Avenue is necessary to
provide diversity of housing size, style, and consumer choices.

Mr. Mockus inquired if the developer will be bringing in water service to the area and
who will bear the cost of the water service extension.

Mr. Jeff Giles, with Clouse Engineering, explained that they will be working with


Page 872
another developer to bring in water and sewer services. He added that there might be
some cost sharing between their group and another developer.

Ms. Rouse shared a concern with lighting in the area. She added that the posted speed
limit is too fast and that is a blind turn when rounding the corner from 35th Avenue to
Carver Road. She argued that reducing the landscape setback would be increasing
safety issues.

Mr. Giles stated that the project will be reviewed by the Streets Transportation
Department with the City of Phoenix and Maricopa County.

Ms. Hurd asked if they had conducted an environmental survey report.

Ms. Alisse Caton with Rose Law Group, answered that there will be a soils report
generated later.

Vice Chair Glass stated that drainage is an issue and development on the site could
potentially cause flooding to the north. She stated that the expectation is that the
developer goes above and beyond.

Ms. Estela stated that she wants quality over quantity and to preserve the character of
Laveen.

Ms. Abegg stated that the Committee does not have the power to revert the zoning on
the property. She identified that the site is a special part of Laveen. She stated that she
wanted the elevations to come back to the Village Planning Committee for approval and
that one-story homes along the perimeter is vital. She sought clarification regarding the
open space amounts and how Proposition 207 affects Stipulation 19.

Ms. Samantha Keating, staff, stated that the property is zoned R1-8 with stipulations.
The zoning and stipulations run with the land, and that the property owner has rights to
that zoning designation. She stated that the purpose of this request is to not decide
what the zoning should be.

Mr. Ortega stated that the site should be held to what it was originally zoned.

Mr. Galvin restated that the slope analysis necessitated that they request to change
stipulations. He continued that the request is only for the right side of the property, and
that the proposed zoning is less than what was originally proposed.

Ms. Abegg stated that the Committee could deny the request completely or approve
with modifications and add stipulations the Committee wants.

Public Comment

Mr. John Knight stated that the request is changing the landscape of everything that
was approved. He stated that the project is cancelled, and that the area is a hazard. He
continued that this project puts lives in jeopardy due to the flooding hazard.


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Mr. Dan Penton shared that the zoning should have been reverted, and it affects our
land value. He urged the Committee to deny the request.

Ms. Suzee Gelner asked about the tri-plex, the acreage and the size of the lots.

Mr. James Hughes shared concern that the request does not reference the Carver
Hills Storm Drain Plan. He shared that the area floods. He also shared that the 200-foot
setback will help with safety along the dangerous intersection. He urged the Committee
to not change a thing.

Mr. Sandy Hamilton, representing the Laveen Citizens for Responsible Development,
stated that the reversion stipulation is key. He continued that the original owner agreed
to a contract.

Mr. James Parisella stated that he likes one house per acre, and that Laveen is the
last agricultural area that people can build on. He stated that it is quiet, open and does
not have bright lights. He added that his home has been flooded out twice.

John Bizdel asked what they needed to do to initiate a reversion?

Chair Branscomb stated that the process starts here, with whether they recommend to
deny or approve the stipulation modifications.

Ms. Abegg added that Planning Commission is where the reversion process starts.
Rezoning does not happen with the Planning Hearing Officer.

Ms. Keating repeated that the requests is to modify the stipulations. She added that
there is no automatic reversion process, it is a separate process from the request
before the Committee now. She repeated that the zoning is R1-8 and that the applicant
can request to modify the stipulations.

Mr. Phil Hertel stated that the one-minute allotted time for public comment was absurd.
He believed that the applicant misrepresented the amount of open space, which went
from fifty percent to twenty three percent. He requested that the Committee deny the
request until the reversion issue is resolved.

Chair Branscomb asked Mr. Hertel why the Committee approved the project back in
2007.

Mr. Hertel replied that back then the project was tolerable, and now it is intolerable.

Mr. Kimoto stated that the proposed site plan falls short of the current community
quality standards. He recommended the Committee deny the request. He added that
the current site plan shows a repetitive housing layout and believes that the original
plan is achievable. He continued that the only change he agrees with is the roll curbs.
He continued that detached sidewalks were originally requested for pedestrian safety
and shade. Further, he stated that the intent of Stipulation 39 is to avoid a wall along


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35th Avenue with two-story homes within the view corridor. Lastly, he added that the
reversion stipulation is a City self-induced problem which they try to cover up with a
band aid. He feels that is sends mixed-messages to the community. He requested four
additional stipulations be added to the request:

1. A minimum of three site cross sections, traversing north to south across the 20-acre
site at one-third points from the east property line at 35th Avenue shall be submitted
prior to City Council approval.

The intent is to provide a line of site illustration to show the visual impact of a forty-five-
foot-high change in elevation.

2. A minimum of two oblique aerial perspectives indicating proposed building and site
improvements from south to north (from Carver Road) and from east to west (from 35th
Avenue) shall be submitted prior to City Council approval.

3. A concept drawing showing the vertical mining cut from the terraced base to summit
shall be provided to illustrate how it will be revitalized and to mitigate vertical height
prior to City Council approval.

4. A detailed site plan, landscape plan, perimeter screen wall/fencing plan and
elevations, entry monument plan and elevations, sign plan, and lighting plan shall be
brought to the Village Planning Committee and the community for review and comment.

Mr. Scott Johnson, president of the Hangar Haciendas Home Owners Association,
stated that his community is a private residential airpark subdivision located to the east
of the subject property. He expressed concern that the project will be impacted by the
flight path. He asked the City to initiate the reversion.

Vice Chair Glass shared that the community concerns are not falling on deaf ears, and
that the Committee hears their concerns.

Cyd Manning stated she is directly by the parcel and that there was a lot of passion
surrounding the project now and in 2007. She explained that the current entitlement
was not brokered by the Village, but rather by Mayor Phil Gordon. She shared that she
felt that the applicant is fast-tracking the case and will not meet with the neighbors, and
that history is repeating itself. She clarified that there was an environmental study done
for the site and no environmental issues were found. She continued that the housing
market does not want small homes. She agreed with Ms. Keating that the request is not
about changing the zoning. She continued that the property has been flipped four times
and that Stipulation 19 was to protect the neighbors and is key to the compromise. She
said that she reviewed the current plan and that the open space is reduced, the
amenities are non-luxurious, and that the applicant is attempting to delete any
stipulation that was put in place to protect the neighbors. She continued that the City
has a policy to act on reversions, the City has no excuse to be in violation and the
current request is like trying to travel on an expired passport. She gave an example of a
General Plan Amendment that was initiated in 2008 that took three months to process.
She stated that when the reversion is completed, she would like to work on a different


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project for the site. She continued that the community has worked with other large
developers in the past, and that she would like to go to City Council and support a
future project at this site. She told the Committee that she is aware that they do not
have the final say on the request and that other large land owners are considering the
property. She believes that this case is precedent-setting. She urged the Committee to
deny the request and recommend that the Planning Hearing Officer initiate a zoning
reversion.

Mr. Tom Galvin responded that the City has said that the request is not about a zoning
reversion. They are trying to find a win-win solution. He continued that they met with Mr.
Kimoto and that they have reached out to the community. He explained that they had a
meeting scheduled with Sandy Hamilton. He said that they hear their frustrations with
the City, and if the community believes that the zoning should be reverted they should
take that request to the City. He finished by saying that their request is to modify
stipulations because of the slope analysis and they are not here to fight over a S-1
zoning reversion.

Ms. Caton clarified that there is a slope analysis for the R1-18 portion of the site and
that an additional slope analysis was done for the R1-8 portion. She stated that “hillside”
is any slope over ten percent. She explained that while they are requested a removal of
the detached sidewalks, they are proposing pedestrian trails that lead to amenities such
as tot lots. She stated that she understands the community’s passion and that she
would be happy to discuss any design or aesthetic issues.

Mr. Giles stated that the site will have less runoff when developed and that they are
proposing single-lot single-family detached homes.

Ms. Abegg asked for clarification on the number of garage spaces per unit. She stated
that if the Committee denies the request, there is no comment to the Planning Hearing
Officer. She stated that the Committee likes to amend the stipulations. She suggested
a motion to recommend approval with modifications and a competing motion to
recommend denial. She continued that if the Committee recommends denying the
request the applicant will not return to the Committee with any updated or detailed
plans. She explained that the reason for the stipulation for general conformance to the
elevations dated February 20, 2007 is that the applicant has not provided new
elevations and that the stipulation should not be modified until they do. The site is
unique with custom homes on large lots and the elevations need to be planned with
care to maintain the character. She stated that the modification to Stipulation 39 is to
provide clarity. She continued that the reason for retaining Stipulation 19 is that the
Laveen Village Planning Committee supports the community’s efforts to revert the
zoning. She stated that the reason for the additional stipulation for enhancing the
elevations is that the applicant states that it will be a luxury development but has not
provided elevation details, and the Committee would like to ensure that the elevations
are upgraded. The reason for adding stipulations for open space and the total number
of lots is to that is what is currently being proposed.

Ms. Keating stated that for procedural purposes the Committee should hear one
motion and act on it and should not have two competing motions.


Page 876
MOTION
Linda Abegg made a motion to recommend approval with three modifications and
seven additional stipulations as follows:

Modifications
1) Modification to Stipulation 1 to maintain that the elevations be in general
conformance with the elevations date stamped February 20, 2007.
2) Retain the existing text of Stipulation 19.
3) Modification of Stipulation 39 to read “Any buildings within two hundred feet of the
eastern property line shall be limited to one-story with a maximum height of twenty
feet.

Additional Stipulations
1) All sides of each building shall be enhanced with a minimum of 50% non-stucco
material such as wood, stone, brick, etc.
2) The developer shall provide a minimum of twelve percent useable open space
centrally located within the community and a minimum of twenty-six percent total
open space
3) The R1-8 portion shall be limited to ninety-two lots
4) The developer shall provide a minimum of two garage spaces per unit
5) The driveways shall be at least twenty-two feet long
6) Prior to site plan approval, a final site plan, building elevations, detailed landscape
plan, detailed entry monument plan, and perimeter fence plans shall be approved
through the Planning Hearing Officer process with alternate site plans listed below
to be provided:
o A minimum of three site cross sections, traversing north to south across the
20-acre site at one-third points from the east property line at 35th Avenue
o A minimum of two oblique aerial perspectives indicating proposed building
and site improvements from south to north (from Carver Road) and from east
to west (from 35th Avenue)
o A concept drawing showing the vertical mining cut from the terraced base to
summit shall be provided to illustrate how it will be revitalized and to mitigate
vertical height prior to City Council approval
o A detailed site plan, landscape plan, perimeter screen wall/fencing plan and
elevations, entry monument plan and elevations, sign plan, and lighting plan
7) Any request to change, delete or modify stipulations be presented through the
Planning Hearing Officer process.

Carlos Ortega seconded the motion.

VOTE
4-7 Motion fails; with members Abegg, Ortega, Glass and Branscomb in favor;
members Ensminger, Estela, Flunoy, Harlin, Hurd, Mockus, and Rouse opposed.

Ms. Keating clarified that the applicant will need to delete or modify Stipulation 19 in
order to move forward and develop the property.




Page 877
MOTION
Stephanie Hurd made a motion to recommend denial of the request. She also
requested that the Planning Hearing Officer recommend to the Planning Commission
to initiate a zoning reversion for the site.

Jennifer Rouse seconded the motion.

VOTE
11-0 Motion passed; with members Abegg, Ensminger, Estela, Flunoy, Harlin, Hurd,
Mockus, Ortega, Rouse, Glass and Branscomb in favor.

5. Z-96-06 (PHO-2-19): Presentation, discussion, and possible recommendation on a
request to review and approve conceptual elevations by the Planning Hearing Officer
per Stipulation No. 2 of Rezoning Case No. Z-96-06-7 for a property located on the
southwest corner of 59th Avenue and Southern Avenue.
Four speaker cards were submitted in favor, wishing to speak.
Two speaker cards were submitted in opposition, wishing to speak.
Ms. Stockham, staff, provided an overview of the request and reviewed Stipulation 2
and the proposed elevations.
Ben Tate, with Withey Morris, PLC, reviewed the history of the case and that Stipulation
2 requires the applicant to return with conceptual elevations to be reviewed by the
criteria set forth in the stipulation. He shared that the site plan was approved in October
and that the elevations show variation in color and material. He continued that the
elevations were shown to the Laveen Citizens for Responsible Development and they
are identical to the elevations approved at another project located at 59th Avenue and
Elliot Road.
Vice Chair Glass shared that she did not believe the elevations looked the same.
Mr. Tate replied that this is the single-story version of the elevation, for the property to
the east of the freeway.
Ms. Harlin shared that she thought the west side of the property would be developed
first, and then the east side would be developed.
Mr. Mockus said that when the project was first approved there were roads going
through the entire property. He asked if it will still be one community with connecting
roads.
Mr. Tate replied that there is a common entrance off Southern and that the communities
will have two different names.
Vice Chair Glass commented that the elevations for the project at 59th Avenue and
Elliot Road had been created more thoughtfully.
Mr. Tate responded that he had worked on the project at 59th Avenue and Elliot Road
and assured Ms. Glass that the elevations were the same.
Ms. Abegg reminded the Committee that the request is to evaluate the elevations



Page 878
based on the criteria included in the stipulation.

Public Comment
Mr. Dan Penton commended that they applicant met with the Laveen Citizens for
Responsible Development and that the elevations are identical to the previously
approved project. He shared that the design looked rural and asked what the density
will be for the project.
Mr. Tate responded that the density will be 11.5 dwelling units per acre.
Mr. Penton asked if there will be a monument entry sign.
Mr. Tate responded that they will have a low agrarian monument that is more like a
boutique hotel.
Mr. Vance Pierce stated that he was surprised by the elevations and that they need
more projects like this in Laveen. He stated that it is good for developers to listen to the
needs of the community.
Ms. Jadestorm Shamsid-Deen stated that she is the founder of a company called
Mir`Ra I.M.A.G.E, Inc, which inspires young adults to find a better future. She stated
that her complaint was that her company’s name was slandered on the Nextdoor
application. She continued that it is the homeowners that help fund education and that
this project does not help the youth. She added that they are ugly one-story apartments.
Mr. Alex Moctezuma shared that he is the vice president of a small home owners
association near 67th Avenue and Dobbins Road. He questioned what the project will
look like in ten years and that the quality of the build is vital.
Vice Chair Glass asked what the price point will be for these units.
Mr. Tate responded that they will be rented in the range of $1,000 - $1,500 a month, the
same as the units at 59th Avenue and Elliot Road. He added that the developer invests
in quality materials and that they project will look good in ten years due to the design
not being trendy.

MOTION
Linda Abegg made a motion to recommend approval.

Jennifer Rouse seconded the motion.

VOTE

11-0 Motion passed; with members Abegg, Ensminger, Estela, Flunoy, Harlin, Hurd,
Mockus, Ortega, Rouse, Glass and Branscomb in favor.

7. Z-115-A-99-7: Presentation, discussion, and possible recommendation regarding a
request to rezone an approximately 4.26-acre site located approximately 325 feet south
of the southwest corner of 67th Avenue and Baseline Road from R1-6 PCD (Approved
C-1 PCD) (Single-Family Residence District, Planned Community District, Approved
Neighborhood Retail, Planned Community District) to C-2 SP PCD (Intermediate
Commercial, Special Permit, Planned Community District) to allow for a self-service


Page 879
storage facility and all underlying C-2 uses.

Mr. Gary Flunoy left at 9:35 PM bringing the quorum down to 10 members.

Two speaker cards were submitted in support, not wishing to speak.

Four speaker cards were submitted in support, wishing to speak.

Ms. Stockham, staff, provided an overview of the request, noting the location, the
history of the site, previous stipulations and current request. She displayed an aerial
map, previously approved site plan, proposed site plan, and briefly reviewed staff’s
recommendation and stipulations.

Mr. Greg Loper introduced himself and stated that the project is named The Collective.
He stated that members of his team met with the Laveen Citizens for Responsible
Development because they want to be conscientious about community concerns and
design that is compatible with the community. He continued that there will be access to
the site from Meadows Loop East and Baseline Road. He added that the site will be a
place for the community and local businesses to store items.

Mr. Ortega asked about adding a stipulation that addresses what would happen if the
project does not get built.

Mr. Mockus asked if the applicant owned the strip of land going north to Baseline
Road.

Mr. Loper replied that they do.

Mr. Mockus asked what would keep the applicant from developing the property

Mr. Loper responded that the developer has done many projects like this.

Ms. Harlin asked for clarification about Stipulation 16.

Public Comment

Mr. Dan Penton thanked the applicant for working with the Laveen Citizens for
Responsible Development (LCRD) and believes it is a great product for the area. He
asked that the Committee recommend approval.

Mr. Jon Kimoto stated that it is a positive project, it creates a passive buffer between
the commercial parcel to the north and the residences. He stated that the issue is with
the existing wall.

Ms. Keating stated that typically a developer adds a wall and then has a landscaped
setback. She added that there is already an existing wall.

Mr. Phil Hertel stated that the community does not want an extra wall and that the


Page 880
existing wall will buffer the neighboring residential uses. He requested that his address
be changed as written in the stipulation.

Mr. Vance Pierce shared that he generally likes a storage facility between homes and
the commercial uses to the north and that the homes along the west side have
shallower yards. He would have preferred to see a more “L”-shaped layout to buffer the
residences to the west more.

Mr. Loper responded that the lighting will be wall-mounted, and motion activated except
for the parking lights. He added that they development will keep light shielded from the
residences.

MOTION
Linda Abegg made a motion to recommend approval with one modification and one
additional stipulation as follows:

Modifications
1) Modification to Stipulation 17 to update Phil Hertel’s address to 2845 W Broadway
Road.

Additional Stipulations
1) The development shall be in general conformance with the site plan and
elevations date stamped December 23, 2019 as modified by the following
stipulations and approved by the Planning and Development Department.

John Mockus seconded the motion.

VOTE

10-0 Motion passed; with members Abegg, Ensminger, Estela, Harlin, Hurd, Mockus, Ortega,
Rouse, Glass and Branscomb in favor.

8. INFORMATION ONLY: Presentation and discussion regarding the 2019 Laveen Village
Annual Report.

Not heard.

9. Staff update on cases recently reviewed by the Committee.

No updates given.

10. Committee member announcements, requests for information, follow up, or future
agenda items.

Ms. Rouse urged Committee members to get involved with the budget process.

Ms. Abegg announced that Councilmember Garcia will attend the next meeting.




Page 881
Mr. Dan Penton announced the 20th Anniversary Laveen Parade will be held on
February 1st and the Laveen Barbeque will be on February 8th.

Vice Chair Glass announced that Reid Butler owns the Sachs-Webster House and is
planning to revitalize the workshop.

11. Adjournment
The meeting was adjourned at 10:10 PM.




Page 882
Page 883
Planning Hearing Officer Summary of January 15, 2020
Application Z-165-06-7(8)
Page 1


REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Julianna Pierre, Planner I, Assisting

January 15, 2020

ITEM 5
DISTRICT 7
SUBJECT:

Application #: Z-165-06-7(8) (PHO-1-19)
Zoning: R1-8, R1-18
Location: Northwest corner of 35th Avenue and Carver Road
Acreage: 59.48
Request: 1) Modification of Stipulation 1 regarding general conformance to
the site plan date stamped October 8, 2007 and elevations date
stamped February 20, 2007.
2) Modification of Stipulation 7 regarding the landscape setback
adjacent to 35th Avenue.
3) Deletion of Stipulation 19 regarding conditional development
approval.
4) Modification of Stipulation 27 regarding height of terraced berms
along the quarry cut slope base.
5) Modification of Stipulation 31 regarding raised, vertical curbs
within the R1-18 portion of the site.
6) Modification of Stipulation 37 regarding detached sidewalks and
landscape strips within the R1-8 portion of the site.
7) Deletion of Stipulation 39 regarding one-story homes along 35th
Avenue.
8) Technical corrections to Stipulations 4, 5, 6, 8, 9, 15, 18, 20, 21,
22, 23, 24, 25, 26, 28, 29, 30, 33, 34, 36, 38, 40.
Applicant: Alisse Caton, Rose Law Group
Owner: Virtua 35th LLC
Representative: Alisse Caton, Rose Law Group

ACTIONS

Planning Hearing Officer Recommendation: The Planning Hearing Officer took this
case under advisement. On February 13, 2020 the Planning Hearing Officer took this
case out from under advisement and recommended denial as filed and approval with
modifications and additional stipulations.

Village Planning Committee (VPC) Recommendation: The Laveen Village Planning
Committee heard this case on January 13, 2020 and recommended denial by an 11-0
vote.




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Planning Hearing Officer Summary of January 15, 2020
Application Z-165-06-7(8)
Page 2


DISCUSSION

35 cards submitted in opposition to the request, 7 wishing to speak.

5 cards submitted expressing no position, 3 wishing to speak.

Thomas Galvin, applicant and representative with Rose Law Group, stated that the
request is a response to site topography, City requests, and to make the area buildable.
He stated that he met with staff in late 2018 and was instructed to conduct a slope
analysis. He stated that the proposed site plan is based upon the results of the slope
analysis and comments received from City staff. He stated that the new site plan
reduces density and depicts seven less lots than the stipulated plan. He added that
there will be an increase in the amount of open space required. He clarified that, after
conducting research, they determined that of the open space required, 50% was to be
tree coverage. Adam Stranieri asked where the requirement for the tree coverage
originated. Alisse Caton, with Rose Law Group, clarified that this was discussed in a
previous hearing and is not a stipulation. Mr. Galvin stated that in 2007 the rezoning
was approved for 22 lots on the western 40 acres and 99 lots on the eastern 20 acres.
He clarified that no changes were being proposed for the western portion and that the
request only impacts the eastern portion.

Mr. Galvin stated that the modification of Stipulation 1, regarding general conformance
to the site plan and elevations, is intended to update plans for the R1-18 portion. The
modification of Stipulation 7, regarding the landscape setback adjacent to 35th Avenue,
is a direct response to the slope analysis and an effort to protect the natural hillside
features by moving the lots further east. He stated that Stipulation 19, regarding
conditional development approval, should be deleted because the zoning change was
approved in 2007 and any reversion would violate Proposition 207. Stipulation 27,
regarding height of terraced berms along the quarry cut slope base, should be modified
to allow landscaping and beautification under safer conditions. He stated that the
modifications of Stipulation 31, regarding raised, vertical curbs within the R1-18 portion
of the site, and Stipulation 37, regarding detached sidewalks and landscape strips within
the R1-8 portion of the site, are to bring the site into conformance with current City
standards. He stated that Stipulation 39, regarding one-story homes along 35th
Avenue, should be deleted to allow consumer choices and a variety of housing types.
Mr. Galvin concluded that all their changes will provide view corridors with appropriate
connectivity and meet City standards.

Mr. Stranieri asked for clarification regarding the proposal to delete the requirement for
detached sidewalks. Ms. Caton stated that there would be attached sidewalks on one
side of the street and pedestrian trail connectivity between the units that provides
connection to amenity spaces and parking. She added that the proposal is intended to
conform with the City standards, but also wants to entertain doing attached 5-foot
sidewalks in addition to the trails. She clarified that detached sidewalks would not be
able to be provided on the private drives and that would be offset by the provided trails.

Mr. Stranieri asked for clarification regarding the percentage of open space being
provided. Mr. Caton stated that the overall open space of the R1-8 and R-18 portions
Page 885
Planning Hearing Officer Summary of January 15, 2020
Application Z-165-06-7(8)
Page 3


would be 23%, but the open space in the R1-8 portion would be 26%. She stated that
the open space calculations include both active and passive open space. Mr. Stranieri
stated that the calculation exceeded 5 times what is required in the Zoning Ordinance
and asked if the applicant understood that the calculation would not include any
perimeter landscape setbacks. Jeff Giles, with Clouse Engineering, stated that the 26%
of open space in the R1-8 portion of the site took into account the hillside areas and a
portion of the landscape setback. However, Mr. Giles noted that there were some areas
that were not included in the calculation due to the slope of the site, but could still be
considered open space per the City’s definition.

Linda Abegg, a member of the Laveen Village Planning Committee, stated that she
shared the same concerns as the community regarding Stipulation 19. She also stated
that she had concerns regarding the removal of general conformance to elevations
without the applicant proposing new elevations. She stated that the Laveen Village
always wants to see elevations come through the Planning Hearing Officer process.
She stated that the general conformance could remain with prior elevations or an
additional stipulation could be added that elevations have to come back through the
Planning Hearing Officer process. She stated that the Laveen Village also recommends
a standard for maximum one-story buildings along arterials. She stated that there are
concerns regarding having taller buildings along 35th Avenue, especially with the blind
corner. She also stated that the usable open space was 12% and the total open space
was 26%. She stated that the enhanced open space should be stipulated to ensure that
the open space is centrally located in the community and not only the mountainside.

Mr. Stranieri stated that the subject property of the current PHO is the same as the
entire property of the original rezoning case and includes both the R1-8 and R1-18
portions. He noted that the legislative edit submitted by the applicant takes out the
requirement for conformance to elevations without providing new plans. He stated that
concerns about materials and other design elements could be addressed in a future
PHO hearing at the time that the applicant proposed conceptual building elevations.

Phil Hertel, a member of the Laveen Citizens for Responsible Development (LCRD),
noted that his name and address are outdated in Stipulations 35 and 36, regarding
notifications. He stated that his address has changed and should be updated in the
stipulation. He stated that the applicant did not meet with the LCRD and the applicant
did not receive community input during the official meeting. He stated that he also had
concerns about Stipulation 19 and that the site should be reverted back to S-1. He
stated the community is supportive of development in the area, but that the item should
be continued or denied until the reversion is addressed.

Dan Penton, a representative from the Laveen Community Council, stated that the area
is unique and the proposed development would have a negative impact on the agrarian
character and heritage of the area. He stated that the Laveen Southwest Growth Study
and Laveen Residential Design Guidelines represent the values of the community and
guidelines for future growth in the area. He stated that the intent of these documents
should not be overlooked and that the proposed development is incompatible with the
area. He stated that the reversion matter should be handled first, before the item
moves forward.
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Planning Hearing Officer Summary of January 15, 2020
Application Z-165-06-7(8)
Page 4




Dave Blake, a member of the community, stated that he is a native of Phoenix and also
supported the reversion. He stated that the City should revert the zoning because the
area was never developed. He stated that the area is unique and does not need high
density development.

Tami Blake, a member of the community, stated that most of the properties in the area
are developed with approximately one home per acre. She stated that she often rides
horses and expressed concern regarding the impacts of the proposal on her ability to
continue riding in the area. She noted that this is one of the last areas in the City that
hasn’t had higher density residential development crammed in and that the area should
instead be preserved as is.

John Bzdel, a member of the community, stated that there is an ethical dilemma. He
stated that City employees have a duty to prevent improper government action. He
stated that the process failed in 2011 because the zoning never reverted to S-1. He
stated the second process failure was the acceptance of the PHO case without noting
that the zoning was never reverted. He stated that the case should be taken under
advisement to speak with the City’s Law Department because the ethics policy
violations need to be addressed.

Jon Kimoto, a member of the public, stated that the proposed site plan falls short of the
design quality expected in Laveen. He stated that the proposed plan is a grid that
attempts to impose a flat land subdivision upon a unique hillside situation. He stated
that the proposed plan does not take into account the contours, views, and drainage
issues of the site. He stated that the stipulated plan addressed the distinctive aspects
of the area and had a more attractive entry feature. He added that there was a
significant landscape buffer on the previous plan and there are now concerns about the
height of homes along the perimeter of the subdivision. He stated that there were also
concerns about the terraced berms along the quarry cut slope base. He stated that the
applicant’s proposal could decrease the height of the terraced berms and negatively
impact the safety of residents in the area. He also stated that the City should revert the
zoning and the case should be heard before the correct judicial body. He also stated
that the addresses of those named in Stipulation 35 and 36 should be updated.

Scott Johnson, a member of the public and president of the Hanger Haciendas
Homeowners Association, stated that Hanger Haciendas is a private residential airport
community located 2300 feet east of the subject property. He stated that the subject
property has changed hands several times since 2007 and he wants to ensure that the
developer is aware of the project’s proximity to a private airport. He stated that the
community is 38 lots on 65 acres with 30 aircraft based there. He stated that flights
typically land to the east and take off to the west, placing aircraft at low altitudes in close
proximity to the subject property. He added that the application should never have been
accepted because the zoning was never reverted. He stated that just because the
reversion was missed before does not mean that it should be overlooked now. He
stated that the application should be denied and the reversion initiated.



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Planning Hearing Officer Summary of January 15, 2020
Application Z-165-06-7(8)
Page 5


Stephanie Hurd, a member of the Laveen Village Planning Committee, stated the VPC
is a vital link between the community and City decision makers. She stated that Laveen
has one of the biggest areas of undeveloped land in the City of Phoenix and the
community wants development, but also wants the area to retain its character. She
stated that the area should be kept at low density and the developer should take the
community’s wishes into account. She stated that she agreed with the community and
felt the case should be put on hold until the reversion issue is addressed.

Cyd Manning, a member of the community who was involved with the original rezoning,
stated that she is affected by the site every day because she can see it from both her
back and front yards. She stated that contrary to the applicant’s materials, the area is
not blighted and there are no known environmental issues. She stated that the market
does not want small homes in the Laveen area. She stated that the property has been
flipped numerous times since the original rezoning case. She stated that the proposed
plans are uninspired with no view corridors. She stated the City is in violation of
Ordinance G-5020 which approved the rezoning and should have initiated the reversion
in 2011. She stated that when she requested the City to take action on the reversion
she was told that there was no time or resources to process the cases with reversion
stipulations. She stated that once the reversion is taken care of, she and other
members of the community are willing to sit down with the developer to discuss possible
development.

Mr. Galvin stated that the stipulated site plan does not reflect S-1 zoning and that the
property is not zoned S-1. He stated that their case is not requesting a zoning change
and instead requesting modifications and deletions to stipulations. He clarified that he
did not reject a meeting with the LCRD, but could not meet due to scheduling issues.
He stated that the LCRD also cancelled a planned meeting. He stated that the
applicant is willing to work with the community, but it is impossible to revert back to S-1.
He stated that the area is also a patchwork of land under the City of Phoenix and
Maricopa County jurisdictions. He stated that the City of Phoenix land has more dense
zoning, while land under the County has remained less dense. He stated that the City
is also changing, specifically this area which may become a technology and
employment corridor in the future. He stated that he respects residents who want to
maintain their agrarian lifestyle, but the City should also provide affordable housing for
those wishing to live in Phoenix. He added that the City would not be able to revert the
property due to legal issues.

Ms. Caton clarified that when they stated the site plan responded to environmental
issues they meant the plan was a direct reflection of the slope analysis. She stated that
they have worked with an engineer to address the technical feasibility of the plan. She
also stated that the applicant is working with the developers to the south and their site
plan works in tandem with the proposed site plan.

Mr. Giles stated that Stipulation 27 required berms be a minimum of eight feet in height,
but he noted that there may be a safety issue for hikers or kids in the neighborhood if
the berms are higher than eight feet. He stated that the modification of Stipulation 31 is
intended to allow for drainage considerations. He stated that some areas will require

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Planning Hearing Officer Summary of January 15, 2020
Application Z-165-06-7(8)
Page 6


vertical curb while others require rolled curb, but those decisions would all be engineer
driven.

Mr. Stranieri asked for clarification regarding how the proposed unit types compare to
the stipulated detached villas. Mr. Giles said that the product footprint has not really
changed. The product has four homes clustered together, but without a courtyard. Mr.
Stranieri clarified that the stipulated elevations did not specify if they were specifically
for the R1-8 or R1-18 portion of the site. He stated that since the development was the
entire site, the elevations are required for conformance for the entire site. Ms. Caton
stated that the community would most likely not want a villa product on the 40 acres of
R1-18. Mr. Stranieri agreed and stated that it would most likely be custom home lots.

Mr. Stranieri stated that the proposed minimum 100-foot landscape setback on 35th
Avenue is over 5 times what is required by the Ordinance. He stated that the reduction
will allow the units to be placed farther away from the hillside areas. He stated
Stipulation 27 regarding terraced berms was intended to restore the disturbed hillside.
However, there was no background information in the case file to determine the origin of
the requirement for terraced berms with deciduous trees. He stated that a geotechnical
report would identify what the appropriate slope is to stabilize the hillside. He stated
that he could not confirm that 2:1 is the appropriate slope as stipulated and no existing
report was found. He stated that a native landscaping palette along with some
treatment to allow restoration of the natural aesthetic of the hillside would be most
appropriate. He stated that additional flexibility should be introduced through
consultation with Planning and Development Department staff, submission of a
geotechnical report, and review of any proposed alternatives.

Regarding Stipulation 19, Mr. Stranieri stated that the current request is not a reversion
hearing and he does not have the authority to initiate a reversion during or as a
recommendation of the current PHO request. He stated that the current request solely
involves the applicant’s request for stipulation modifications and deletions. He clarified
that the original rezoning was approved by ordinance adoption and the zoning was
vested with the adoption of that ordinance. He clarified that the rezoning case was
accompanied by a General Plan Amendment (GPA), approved by the City Council,
which updated the General Plan Land Use Map designation for the subject property to
correlate with the requested zoning. He stated that GPAs are appended to the City’s
General Plan Map upon adoption and that he did not know of any process or procedure
to revert these requests. He added that if a Proposition 207 lawsuit was raised it would
not be heard under a municipal zoning hearing like the PHO, but rather in a court of law.

Ms. Manning stated that there was a letter written by a Village Planner in 2008 that
initiated an action to amend the General Plan, which was heard by the Planning
Commission and ratified by City Council on October 15, 2008. Mr. Stranieri said that he
would look into the history of this additional GPA and how it related to the base zoning
case.

Mr. Stranieri stated that Stipulation 31, regarding vertical curbs, correlated with the
requirement for detached sidewalks throughout the subdivision. He stated that the
Street Transportation Department recommended deletion of the stipulation because
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Planning Hearing Officer Summary of January 15, 2020
Application Z-165-06-7(8)
Page 7


there are existing technical details and engineering requirements for the different types
of streets in the development. Curb types will be engineered depending on the type of
street. Further, based on the conceptual site plan, some of the proposed streets may
be developed as private drives which would allow rolled curbs.

Mr. Stranieri stated that the City has been consistent with its recent policy plans and
long range planning activities to focus on shade, heat island mitigation, and pedestrian
safety in new developments. He added that the City’s Tree and Shade Master Plan,
Plan all expand upon the principles regarding urban forestry and walkability. He noted
that detached sidewalks may not be able to be implemented on the portions of the right-
of-way between the clusters of homes which may be developed as private drives. He
stated that the originally stipulated detached sidewalks should be provided along all
streets developed as private accessways and public streets, consistent with the original
approval and City policies.

Mr. Stranieri stated Stipulation 39 lacked detail regarding the maximum building height
and which homes the restriction may apply to. He added that “adjacent to 35th Avenue”
does not give much context to the placement of homes given the stipulated 235-foot
landscape setback and primary entry feature. He stated that a more appropriate height
restriction could be implemented to identify a maximum building height and apply the
restriction to houses within a specified distance from the east property line.

Mr. Stranieri stated that the site is archaeologically sensitive and additional stipulations
were warranted regarding City requirements for archaeological data testing.

Mr. Stranieri stated that the Street Transportation Department also indicated that 35th
Avenue is in Maricopa County Department of Transportation (MCDOT) jurisdiction. He
added that additional stipulations should be added to identify MCDOT’s jurisdiction and
ability to approve the final improvements. He stated that these stipulations would not
conflict with existing right-of-way dedication stipulations because of the jurisdictional
issue.

Mr. Stranieri stated that the Street Transportation Department had concerns regarding
how the site plan proposes access from 35th Avenue and travel through the site to the
west perimeter. He stated that a vehicle would need to make three to four turns to
access the proposed future connection to the west. Ms. Caton stated that she had
spoken with the Street Transportation Department and that they had come to a
resolution regarding the connectivity. Mr. Stranieri stated that revisions may be made to
the site plan due to the stipulations recommended by the Street Transportation
Department. He stated that the recommended stipulations would be appropriately
placed in conjunction with a general conformance stipulation to allow for flexibility to
accommodate an appropriate street layout.

Mr. Stranieri stated that he was aware of the Laveen VPC meeting on Monday night and
that there were 99 speaker cards submitted. He stated that there was over two hours of
discussion and that a summary of the meeting was not yet available. He noted that he
had also received more than 90 pieces of correspondence on the case. He stated that
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he would like more time to review all of this material. Because of these reasons, the
PHO stated that he would take the case under advisement.

FINDINGS

1) The subject property of this request includes the entire 59 acres that comprised
the original rezoning case. However, the applicant only submitted plans
addressing the approximately 19.4 acres of R1-8 zoned property on the eastern
portion of the site, adjacent to 35th Avenue. Modifications are recommended to
the applicant’s request to ensure that the existing stipulations on the
approximately 39.6 acres of R1-18 zoned property on the western portion of the
site are not modified or deleted. Additionally, the applicant did not submit
elevations with the request. The original stipulations included a general
conformance requirement for building elevations. A modification is
recommended to the applicant’s request to require a future Planning Hearing
Officer application for review of conceptual building elevations.

2) The stipulated site plan depicted 99 detached single-family units arranged in
clusters of two and four, oriented towards common courtyards. There are also
seven free-standing units depicted at the northwest corner of the site partially in
the hillside-designated area. The proposed conceptual site plan depicts 92 units
in a similar cluster-style arrangement. However, the units have been shifted east
on the property, reducing the total massing of development in the designated
hillside areas. Additionally, the homes are not oriented towards courtyards and
instead include larger private driveways in the front yards. There is more open
space preserved in the hillside area in the northwest portion of the site. There is
also more open space adjacent to the private accessways (Tract “A”) which
separates the homes from the streets. Because the homes are closer to 35 th
Avenue, there is less open space provided along the east property line. See
Finding #3 for a more detailed description of the recommendation for minimum
open space and Finding #4 regarding the landscape setback on 35th Avenue.

3) An additional stipulation is recommended to require the developer provide a
minimum of 26% open space, of which a minimum of 12% shall be usable open
space. The conceptual site plan depicts 40.47% open space. However, there is
no open space exhibit and the applicant indicated that a recalculation was
necessary to adequately represent provided open space in the hillside area,
setbacks, and other locations. The provision of 26% open space is compatible
with the rural character of the surrounding area, consistent with other recent
zoning actions in the Village, and significantly exceeds existing Ordinance
standards.

4) The proposed reduction of the landscape setback on 35th Avenue from 235 feet
(average) to minimum 100 feet accommodates the relocation of some residential
units out of the designated hillside areas, consistent with the City approved slope
analysis. The preservation of the hillside area will contribute to the rural
character of the site and maintain this unique natural feature of the property. See

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Finding #9 regarding the restoration of the disturbed area on the abandoned
gravel mine that occupies a portion of the remainder of the site.

5) Approximately 2,300 feet to the east of the subject property are the Hangar
Hacienda Units One, Two, and Three subdivisions. These properties are in
Maricopa County jurisdiction. These communities are oriented around an air
strip utilized by residents who own private aircraft. Based on comments from a
resident in this community, the typical flight path runs directly over the subject
property of this request. An additional stipulation is recommended regarding
notification of the aviation uses on these properties for future residents.

6) The subject property is archaeologically sensitive. Three additional stipulations
are recommended which outline the City’s requirements regarding data testing,
data recovery, and archaeological assessments and survey.

7) The public right-of-way along 35th Avenue and a small portion along Carver
Road is in Maricopa County Department of Transportation (MCDOT) jurisdiction.
There is also an active drainage project along the roadway. Therefore, additional
stipulations are recommended to acknowledge that MCDOT shall determine the
final width and dedications needed for the portion of right-of-way adjacent to the
subject property. City of Phoenix Street Transportation staff noted that in
discussions with MCDOT staff, MCDOT does not have immediate concerns
regarding the location of proposed retention areas shown on the conceptual site
plan in regard to the drainage project.

8) Original Stipulation 19 states that approval shall be conditioned upon the
development commencing within 48 months of the City Council approval. For
properties with similar stipulations, the Planning and Development Department
has required that a Planning Hearing Officer (PHO) action be pursued to modify
or delete these conditions at the time that development is proposed, if the
proposed development has exceeded the timeframe identified in the stipulation.
The applicant is pursuing this process through their request for deletion of the
stipulation. The modification or deletion of this stipulation through a PHO action
is unrelated to the zoning reversion process which is a separate public hearing
process that is described in Section 506 of the Zoning Ordinance.

The applicant’s request for deletion of original Stipulation 19 is recommended for
approval. The current proposal is consistent with the City Council’s original intent
to see the subject property redevelop with a single-family residential land use in
the R1-8 zoning district. Additionally, the request is consistent with City Council
approved General Plan Amendment GPA-LV-1-08-7, which established a
Residential 3.5-5 dwelling units per gross acre land use designation on the
approximately 19.35 acres that comprises the R1-8 zoned portion of the property.
Both the proposed conceptual site plan, as modified by this recommendation,
and the existing R1-8 zoning designation are consistent with this land use
designation.



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9) Original Stipulation 27, requiring terraced berms planted with deciduous trees,
may result in an environment that contrasts with the natural landscape of the
existing hillside in the surrounding area. The stipulated terraced berm
configuration is not consistent with the irregular natural landscape of the existing
hillside in the surrounding area and there are no deciduous trees on hillside
locations in the immediate vicinity. Proposals for fill are commonly intended to
continue and promote a natural slope line, rather than creating terracing and
other unnatural finishes.

There are a variety of alternatives to the stipulated requirement for terraced
berms that may be considered for the site that would result in a more natural
aesthetic to the restored hillside. These include chemical treatments and
coloration to remove or camouflage scarring, hydroseeding of the slope to
provide a mixture of natural grasses and plants which may also stabilize the
slope, and roughening the cut or restored slope to integrate pockets for additional
native landscaping.

Modified stipulation language is recommended to allow the applicant to work with
City staff on an alternative approach to restoring the quarry cut slope base to
promote a more natural landscape along the hillside.

10)The provision of detached sidewalks is consistent with numerous City policy
plans. The Tree and Shade Master Plan has a goal of treating the urban forest
as infrastructure to ensure that trees are an integral part of the City’s planning
and development process. Additionally, the City Council adopted Guiding
Principles for Complete Streets seeks to make Phoenix more walkable by
promoting a safe and inviting pedestrian environment that encourages walkability
and thermal comfort. These principles are also expressed and expanded upon
throughout the 2015 General Plan.

Therefore, the applicant’s request to delete this requirement and instead stipulate
a 5-foot sidewalk width is recommended for denial. However, the street layout
on the proposed conceptual site plan may require the utilization of both private
drives (between units) and private accessways (Tract “A”). There are different
technical requirements and cross sections for these street types and it may be
difficult to integrate detached sidewalks along both sides of private drives.
A modification of the applicant’s request is recommended to require that
detached sidewalks shall be provided, as originally stipulated, along all streets
that are developed as public streets or private accessways.

11)The Street Transportation Department noted that both original Stipulation 31 and
the applicant’s proposed modified language may create conflicts if the
development is to include both attached and detached sidewalks. The City of
Phoenix standard detail for detached sidewalks along private accessways
requires vertical curbs. Attached sidewalks may be permitted to provide rolled
curbs. Deletion of the stipulation will allow the appropriate detail to be utilized
based on the final configuration of sidewalks at appropriate locations throughout
the development.
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12)Original Stipulation 39 required that homes along 35th Avenue would be limited
to one-story. The stipulation did not specify a maximum building height.
Additionally, it is unclear whether the stipulation was intended to apply to the
individual units located closest to 35th Avenue or the entire clusters. The original
stipulation may permit a variety of building heights and locations for height-
restricted lots.

However, the intent of the stipulation was to mitigate the impacts of building
height for units closest to 35th Avenue and would have impacted homes at
approximately 235 feet (the stipulated average setback in original Stipulation 7).
This remains a valid concern and consistent with the design of other recent
projects in the Village. Therefore, the applicant’s request for deletion of this
stipulation is recommended for denial. An alternative stipulation is proposed that
limits maximum building height to 20 feet for the 12 lots that are located within
approximately 235 feet of 35th Avenue. This recommendation is intended to
clarify the limitation on building height and identify the specific lots impacted.

DECISION: The Planning Hearing Officer took this case under advisement. On
February 13, 2020 the Planning Hearing Officer took this case out from under
advisement and recommended denial as filed and approval with modifications and
additional stipulations.

STIPULATIONS

General

1. That development shall be in general conformance with the site plan date
stamped October 8, 2007, and elevations date stamped February 20, 2007, as
modified by the following stipulations, and as approved by the Development
Services Department.

1. THE R1-8 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019, AS MODIFIED BY
THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC REGARD TO THE
FOLLOWING:

A. THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM 35TH
AVENUE EXTENDED TO THE WESTERN PROPERTY BOUNDARY, AS
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

B. THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE
WESTERN EDGE OF THE PROPERTY LINE SHALL TERMINATE AS A
STUB STREET TO THE ADJACENT UNDEVELOPED LAND TO THE WEST
TO PROVIDE FOR A FUTURE VEHICULAR CONNECTION.


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2. CONCEPTUAL ELEVATIONS FOR THE R1-8 DEVELOPMENT 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 R1-18 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED OCTOBER 8, 2007, AND ELEVATIONS
DATE STAMPED FEBRUARY 20, 2007, AS MODIFIED BY THE FOLLOWING
STIPULATIONS AND APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

4. That dDevelopment of the R1-18 portion of the site shall not exceed 22 lots.
2.

5. That dDevelopment of the R1-8 portion of the site shall not exceed a density of 99
3. lots.

6. THE R1-8 DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN
SPACE, OF WHICH A MINIMUM OF 12% SHALL BE USABLE OPEN SPACE,
AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

Site Design

7. That uUnobstructed pedestrian access (for the purpose of private pedestrian
4. connectivity internal to the site) between the R1-18 and R1-8 portions of the site
shall be provided, as approved by the PLANNING AND Development Services
Department.

8. That nNo solid wall in excess of three feet in height as measured from the finished
5. grade, shall be located on the site (either in private lots or common tracts) except
that solid walls greater than three feet in height shall be allowed for the following
purposes, as approved by the PLANNING AND Development Services
Department.

a. Walls utilized to screen utilities, trash enclosures, or other facilities
generally considered to be visually obtrusive.

b. Retaining wall.

9. That nNo more than 60,000 square feet of natural turf area shall be located within
6. the common areas of the R1-8 portion of the site (this requirement does not apply

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to synthetic turf); if provided, common area natural turf should be centrally located
and grouped so as to create one contiguous natural turf recreation area, as
approved by the PLANNING AND Development Services Department.

10. That a 235-foot (average), 200-foot (minimum) THE DEVELOPMENT SHALL
7. PROVIDE A MINIMUM 100 FOOT landscaped setback ALONG THE EAST
PROPERTY LINE adjacent to 35th Avenue shall be provided, as approved by the
PLANNING AND Development Services Department.

11. That a A 50-foot (minimum) landscaped setback adjacent to Carver Road (final
8. alignment) shall be provided, as approved by the PLANNING AND Development
Services Department.

12. That tThose portions of spider and jeep trails which are not part of the approved
9. grading envelopes, access drives, or other necessary site disturbance related to
the proposed development of the R1-8 portion of the site shall be re-vegetated in
a manner consistent with adjacent undisturbed vegetation, as approved by the
PLANNING AND Development Services Department.

Disclosures

13. That pPrior to final site plan approval, the property owner shall record documents
10. that disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active agricultural uses
and non-domesticated animal keeping. The form and content of such documents
shall be according to the templates and instructions provided, which have been
reviewed and approved by the City Attorney.

14. THAT PRIOR TO FINAL SITE PLAN APPROVAL, THE PROPERTY OWNER
SHALL RECORD DOCUMENTS THAT DISCLOSE TO TENANTS OF THE SITE
OR PURCHASERS OF PROPERTY WITHIN THE SITE, THE EXISTENCE,
PROXIMITY, AND OPERATIONAL CHARACTERISTICS OF ACTIVE AVIATION
USES IN THE HANGAR HACIENDAS UNITS ONE, TWO, AND THREE
SUBDIVISIONS LOCATED APPROXIMATELY 2,300 FEET TO THE EAST OF
THE SUBJECT PROPERTY IN MARICOPA COUNTY. 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.

Parks and Recreation

15. That tThe developer shall dedicate a multi-use trail easement and construct a
11. multi-use trail, per adopted standards, along the north side of Carver Road, as
approved by the Parks and Recreation Department.

Archaeology


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16. That tThe applicant shall complete an archaeological survey report of the
12. development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, or grading.

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.

Street Transportation

20. That rRight-of-way totaling 55 feet shall be dedicated for the west half of 35th
13. Avenue, as approved by the Street Transportation Department. 35th Avenue shall
be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

21. That rRight-of-way totaling 55 feet shall be dedicated for the west half of Carver
14. Road, as approved by the Street Transportation Department. Carver Road shall
be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

22. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR 35TH AVENUE AS
DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

23. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR CARVER AVENUE
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.


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24. That aA traffic impact study shall be submitted to, and approved by, the Street
15. Transportation Department prior to PLANNING AND Development Services
Department prior to Development Services Department preliminary site plan
approval. That all right-of-way dedications and associated infrastructure
improvements as recommended by the traffic impact study shall be installed by
the developer, as approved by the PLANNING AND Development Services
Department.

25. That tThe developer shall construct all streets within and adjacent to the
16. development with paving, curb, gutter, sidewalk, curb ramps, streetlights, median
islands, landscaping, and other incidentals, as modified by these stipulations, and
as approved by the Street Transportation Department. All improvements shall
comply with all American with Disabilities Act accessibility standards.

26. That tThe applicant shall complete and submit the Developer Project Information
17. Form for the Maricopa Association of Governments Transportation Improvement
Program. This form is a requirement of the Environmental Protection Agency to
meet clean air quality requirements.

27. That pPrior to preliminary site plan approval, the landowner shall execute a
18. Proposition 207 waiver of claims utilizing the provided template. The waiver shall
be recorded with the Maricopa County Recorder’s Office and a copy shall be
provided to the PLANNING AND Development Services Department for the case
files.

19. That approval shall be conditional upon the development commencing within 48
months of the City Council approval of this change of zoning in accordance with
Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation,
development shall commence with the issuance of building permits and erection
of the building walls on site.

Neighborhood

28. That bBuilding pad cuts shall be terraced if more than 6 feet in height and treated
20. with a stain, gunnite, or equivalent finish, as approved by the PLANNING AND
Development Services Department.

29. That aAll two story homes, within the R1-18 portion of the site, shall be designed
21. in a manner such that the square footage of the second story floor area does not
exceed 66 percent of the first story floor area does not exceed 66 percent of the
first story floor area, as approved by the PLANNING AND Development Services
Department.

30. That cConcrete channels shall be designed to look natural in the desert setting
22. through color, texture, landscaping, or other means, as approved by the
PLANNING AND Development Services Department.


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31. That tThe use of riprap and engineered culverts shall be minimized and, where
23. utilized, shall be integrated with the desert setting through color, texture, soil
plating, landscaping, or other means, as approved by the PLANNING AND
Development Services Department. To the extent possible, culverts shall be
undersized to allow minor flows (10 cfs or smaller) to cross roadways in their
natural condition.

32. That wWashes with a one-hundred-year peak flow of 200 cfs or greater shall be
24. preserved and enhanced with native vegetation as described in Appendix A,
Approved Plant Species List for Sonoran Preserve Edge Treatment Guidelines,
as approved by the PLANNING AND Development Services Department.

33. That lLots with 2 or more sides abutting undisturbed open space shall be
25. designed with obtuse angles, rather than right angles or acute angles, as
approved by the PLANNING AND Development Services Department.

34. That oOn non-hillside lots within the R1-18 portion of the development, all
26. improvements, including driveways, landscaping, and underground utilities shall
be located within a building envelope occupying no more than 50 percent of the
lot up to a maximum of 20,000 square feet, whichever is less, as approved by the
PLANNING AND Development Services Department.

35. That a A minimum of three terraced berms with 2:1 fill slopes shall be installed
27. along the full length of the quarry cut slope base. The terraces shall BE LIMITED
TO A MAXIMUM HEIGHT OF be 8 feet tall, minimum, and shall be PLANTED
plated with a staggered combination of 2-inch and 4-inch caliper, drought
resistant, deciduous trees at 25 feet ON center OR IN EQUIVALENT
GROUPINGS to center, as approved OR MODIFIED by the PLANNING AND
Development Services Department.

THE DEVELOPER MAY ALSO IMPLEMENT ALTERNATIVE SOLUTIONS FOR
THE NATURALIZING AND BLENDING OF THE QUARRY CUT SLOPE WITH
THE ADJACENT UNDISTURBED HILLSIDE AREA, AS APPROVED OR
MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

36. That sSolid block walls, except for retaining walls or privacy fencing on individual
28. lots, shall not be constructed outside of the building envelopes for the R1-18
portion of the site, as approved by the PLANNING AND Development Services
Department. Fencing constructed outside of the building envelope shall be
combination solid/view fencing. In addition, all fencing above the 15 percent slope
line shall be 100 percent view fencing.

37. That tThe entire 60-acre site shall have no perimeter fencing, as approved by the
29. PLANNING AND Development Services Department.

38. That pPrivate roadways within the R1-18 portion of the site shall be provided with
30. ribbon curbs and colored asphalt, as approved by the PLANNING AND

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Development Services Department.

39. That private roadways within the R1-8 portion of the site shall be provided with a
31. raised, vertical curb, as approved by the Development Services Department.

40. That aAll HVAC units shall be ground mounted.
32.

41. That aAll street lighting and wall mounted security fixtures shall be full cut off
33. lighting. Fixture height shall be a maximum of 12 feet. Street lighting fixtures shall
be decorative and have a consistent architectural theme, as approved by the
PLANNING AND Development Services Department.

42. That bBollards shall be used for accent lighting at the primary access, entry
34. monument, driveways, and trail crossings, as approved by the PLANNING AND
Development Services Department. Photovoltaic energy sources for bollard
lighting shall be provided.

43. That aAny request to delete or modify these stipulations SHALL be preceded by
35. A presentation to the Laveen Village Planning Committee (VPC) for review and
recommendation, and notification to the following persons two weeks prior to
presentation at the VPC:

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

44. That tThe following individuals shall be notified of any and all PLANNING AND
36. Development Services Department (DSD) meetings which are open to the public.
The applicant shall be responsible for notification to the following via a first-class
letter to be mailed at least two weeks prior to the DSD meeting(s):

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274


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c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

45. That aAll sidewalks, within the R1-8 portion of the site, WHICH ARE
37. DEVELOPED ALONG STREETS DEVELOPED AS PUBLIC STREETS OR
PRIVATE ACCESSWAYS shall be detached with a minimum five-foot wide
landscaped strip located between the sidewalk and back of curb and shall include
minimum two-inch caliper shade trees planted a minimum rate of 20 feet on
center or IN equivalent groupings along both sides of the sidewalk, as approved
OR MODIFIED by the PLANNING AND Development Services Department. The
landscape strip shall be installed by the developer and maintained by the
homeowners’ association.

46. That aA mix of two and three-inch caliper trees shall be provided within all
38. required common open space tracts. With the exception of the open space area
adjacent to 35th Avenue, the species of trees provided shall shade 50 percent of
the area of the open space at tree maturity, as approved by the PLANNING AND
Development Services Department.

47. That only one-story homes shall be located along 35th Avenue.
39.
LOTS 52-61 AND 82-83, LOCATED ALONG 35TH AVENUE AND AS DEPICTED
ON THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019, ARE LIMITED TO
A MAXIMUM BUILDING HEIGHT OF 20 FEET, AS APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

48. That aA detailed site plan, landscaping plan, elevations, perimeter fence or wall
40. plan, lighting plan, and entry monument signage shall be reviewed by the Laveen
Village Planning Committee prior to preliminary site plan approval by the
PLANNING AND Development Services Department.

Upon request, this publication will be made available within a reasonable length of time
through appropriate auxiliary aids or services to accommodate an individual with a
disability. This publication may be made available through the following auxiliary aids or
services: large print, Braille, audiotape or computer diskette. Please contact the
Planning and Development Department, Tamra Ingersoll at voice number 602-534-6648
or TTY use 7-1-1.




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Page 904
Attachment D




To: City of Phoenix Planning Commission Date: June 4, 2020

From: Racelle Escolar
Planner III

Subject: ITEM NO. 18 (PHO-1-19--Z-165-06-7(8)) – NORTHWEST CORNER OF 35TH
AVENUE AND CARVER ROAD

This memo is to provide a revised staff recommendation that addresses a revised site plan
submitted by the applicant and date stamped May 26, 2020.

On May 7, 2020 the Planning Commission continued the case to the June 4, 2020 hearing
to allow the applicant to work on a compromise with the community. Since the May
Planning Commission hearing, the applicant conducted additional outreach and submitted
a revised site plan. The applicant has proposed a new lot configuration and reduced the
number of lots from 92 to 63. These site plan changes require modifications to the
stipulations recommended by the Planning Hearing Officer.

The Planning Hearing Officer’s recommendation regarding Stipulation 1 requires that the
R1-8 development be in general conformance with the site plan date stamped November
21, 2019. The recommended revision updates this date to reflect the revised site plan date
stamped May 26, 2020.

The Planning Hearing Officer’s recommendation regarding Stipulation 47 limits the
maximum building height to 20 feet for lots 52-61 and 82-83 as depicted on the site plan
date stamped November 21, 2019. The recommended revision updates the impacted lot
numbers to reflect the revised site plan date stamped May 26, 2020.

VILLAGE PLANNING COMMITTEE RECOMMENDATION
The Laveen Village Planning Committee heard this case on January 13, 2020 and
recommended denial by a vote of 11-0. The Laveen VPC motion also included a request
that the Planning Hearing Officer recommend to the Planning Commission to initiate a
zoning reversion for the site.

PLANNING HEARING OFFICER RECOMMENDATION
The Planning Hearing Officer heard this request on January 15, 2020 and took this case
under advisement. On February 13, 2020 the Planning Hearing Officer took this case out
from under advisement and recommended denial as filed and approval with modifications
and additional stipulations.




Page 905
PHO-1-19—Z-165-06-7(8) Backup Memo
June 4, 2020

Staff recommends approval per the Planning Hearing Officer recommendation with
modifications to Stipulation Nos 1 and 47 as shown below in bold text:

General

1. That development shall be in general conformance with the site plan date
stamped October 8, 2007, and elevations date stamped February 20, 2007, as
modified by the following stipulations, and as approved by the Development
Services Department.

1. THE R1-8 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 MAY 26,2020, AS
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC
REGARD TO THE FOLLOWING:

A. THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM
35TH AVENUE EXTENDED TO THE WESTERN PROPERTY
BOUNDARY, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

B. THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE
WESTERN EDGE OF THE PROPERTY LINE SHALL TERMINATE AS A
STUB STREET TO THE ADJACENT UNDEVELOPED LAND TO THE
WEST TO PROVIDE FOR A FUTURE VEHICULAR CONNECTION.

2. CONCEPTUAL ELEVATIONS FOR THE R1-8 DEVELOPMENT 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 R1-18 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED OCTOBER 8, 2007, AND ELEVATIONS
DATE STAMPED FEBRUARY 20, 2007, AS MODIFIED BY THE FOLLOWING
STIPULATIONS AND APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

4. That dDevelopment of the R1-18 portion of the site shall not exceed 22 lots.
2.

5. That dDevelopment of the R1-8 portion of the site shall not exceed a density of
3. 99 lots.



Page 906
PHO-1-19—Z-165-06-7(8) Backup Memo
June 4, 2020

6. THE R1-8 DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN
SPACE, OF WHICH A MINIMUM OF 12% SHALL BE USABLE OPEN SPACE,
AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

Site Design

7. That uUnobstructed pedestrian access (for the purpose of private pedestrian
4. connectivity internal to the site) between the R1-18 and R1-8 portions of the site
shall be provided, as approved by the PLANNING AND Development Services
Department.

8. That nNo solid wall in excess of three feet in height as measured from the
5. finished grade, shall be located on the site (either in private lots or common
tracts) except that solid walls greater than three feet in height shall be allowed for
the following purposes, as approved by the PLANNING AND Development
Services Department.

a. Walls utilized to screen utilities, trash enclosures, or other facilities
generally considered to be visually obtrusive.

b. Retaining wall.

9. That nNo more than 60,000 square feet of natural turf area shall be located
6. within the common areas of the R1-8 portion of the site (this requirement does
not apply to synthetic turf); if provided, common area natural turf should be
centrally located and grouped so as to create one contiguous natural turf
recreation area, as approved by the PLANNING AND Development Services
Department.

10. That a 235-foot (average), 200-foot (minimum) THE DEVELOPMENT SHALL
7. PROVIDE A MINIMUM 100 FOOT landscaped setback ALONG THE EAST
PROPERTY LINE adjacent to 35th Avenue shall be provided, as approved by
the PLANNING AND Development Services Department.

11. That a A 50-foot (minimum) landscaped setback adjacent to Carver Road (final
8. alignment) shall be provided, as approved by the PLANNING AND Development
Services Department.

12. That tThose portions of spider and jeep trails which are not part of the approved
9. grading envelopes, access drives, or other necessary site disturbance related to
the proposed development of the R1-8 portion of the site shall be re-vegetated in
a manner consistent with adjacent undisturbed vegetation, as approved by the
PLANNING AND Development Services Department.

Disclosures


Page 907
PHO-1-19—Z-165-06-7(8) Backup Memo
June 4, 2020

13. That pPrior to final site plan approval, the property owner shall record documents
10. that disclose to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active agricultural uses
and non-domesticated animal keeping. The form and content of such documents
shall be according to the templates and instructions provided, which have been
reviewed and approved by the City Attorney.

14. THAT PRIOR TO FINAL SITE PLAN APPROVAL, THE PROPERTY OWNER
SHALL RECORD DOCUMENTS THAT DISCLOSE TO TENANTS OF THE SITE
OR PURCHASERS OF PROPERTY WITHIN THE SITE, THE EXISTENCE,
PROXIMITY, AND OPERATIONAL CHARACTERISTICS OF ACTIVE AVIATION
USES IN THE HANGAR HACIENDAS UNITS ONE, TWO, AND THREE
SUBDIVISIONS LOCATED APPROXIMATELY 2,300 FEET TO THE EAST OF
THE SUBJECT PROPERTY IN MARICOPA COUNTY. 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.

Parks and Recreation

15. That tThe developer shall dedicate a multi-use trail easement and construct a
11. multi-use trail, per adopted standards, along the north side of Carver Road, as
approved by the Parks and Recreation Department.

Archaeology

16. That tThe applicant shall complete an archaeological survey report of the
12. development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, or grading.

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
Page 908
PHO-1-19—Z-165-06-7(8) Backup Memo
June 4, 2020

FOR THE ARCHAEOLOGY OFFICE TO PROPERLY ASSESS THE
MATERIALS.

Street Transportation

20. That rRight-of-way totaling 55 feet shall be dedicated for the west half of 35th
13. Avenue, as approved by the Street Transportation Department. 35th Avenue
shall be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

21. That rRight-of-way totaling 55 feet shall be dedicated for the west half of Carver
14. Road, as approved by the Street Transportation Department. Carver Road shall
be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

22. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR 35TH AVENUE
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

23. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR CARVER ROAD
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

24. That aA traffic impact study shall be submitted to, and approved by, the Street
15. Transportation Department prior to PLANNING AND Development Services
Department preliminary site plan approval. That all right-of-way dedications and
associated infrastructure improvements as recommended by the traffic impact
study shall be installed by the developer, as approved by the PLANNING AND
Development Services Department.

25. That tThe developer shall construct all streets within and adjacent to the
16. development with paving, curb, gutter, sidewalk, curb ramps, streetlights, median
islands, landscaping, and other incidentals, as modified by these stipulations,
and as approved by the Street Transportation Department. All improvements
shall comply with all AmericanS with Disabilities Act accessibility standards.

26. That tThe applicant shall complete and submit the Developer Project Information
17. Form for the Maricopa Association of Governments Transportation Improvement
Program. This form is a requirement of the Environmental Protection Agency to
meet clean air quality requirements.

27. That pPrior to preliminary site plan approval, the landowner shall execute a
18. Proposition 207 waiver of claims utilizing the provided template. The waiver shall
be recorded with the Maricopa County Recorder’s Office and a copy shall be
provided to the PLANNING AND Development Services Department for the case
files.
Page 909
PHO-1-19—Z-165-06-7(8) Backup Memo
June 4, 2020


19. That approval shall be conditional upon the development commencing within 48
months of the City Council approval of this change of zoning in accordance with
Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation,
development shall commence with the issuance of building permits and erection
of the building walls on site.

Neighborhood

28. That bBuilding pad cuts shall be terraced if more than 6 feet in height and treated
20. with a stain, gunnite, or equivalent finish, as approved by the PLANNING AND
Development Services Department.

29. That aAll two story homes, within the R1-18 portion of the site, shall be designed
21. in a manner such that the square footage of the second story floor area does not
exceed 66 percent of the first story floor area does not exceed 66 percent of the
first story floor area, as approved by the PLANNING AND Development Services
Department.

30. That cConcrete channels shall be designed to look natural in the desert setting
22. through color, texture, landscaping, or other means, as approved by the
PLANNING AND Development Services Department.

31. That tThe use of riprap and engineered culverts shall be minimized and, where
23. utilized, shall be integrated with the desert setting through color, texture, soil
plating, landscaping, or other means, as approved by the PLANNING AND
Development Services Department. To the extent possible, culverts shall be
undersized to allow minor flows (10 cfs or smaller) to cross roadways in their
natural condition.

32. That wWashes with a one-hundred-year peak flow of 200 cfs or greater shall be
24. preserved and enhanced with native vegetation as described in Appendix A,
Approved Plant Species List for Sonoran Preserve Edge Treatment Guidelines,
as approved by the PLANNING AND Development Services Department.

33. That lLots with 2 or more sides abutting undisturbed open space shall be
25. designed with obtuse angles, rather than right angles or acute angles, as
approved by the PLANNING AND Development Services Department.

34. That oOn non-hillside lots within the R1-18 portion of the development, all
26. improvements, including driveways, landscaping, and underground utilities shall
be located within a building envelope occupying no more than 50 percent of the
lot up to a maximum of 20,000 square feet, whichever is less, as approved by
the PLANNING AND Development Services Department.

35. That a A minimum of three terraced berms with 2:1 fill slopes shall be installed
27. along the full length of the quarry cut slope base. The terraces shall BE LIMITED
TO A MAXIMUM HEIGHT OF be 8 feet tall, minimum, and shall be PLANTED
Page 910
PHO-1-19—Z-165-06-7(8) Backup Memo
June 4, 2020

plated with a staggered combination of 2-inch and 4-inch caliper, drought
resistant, deciduous trees at 25 feet ON center OR IN EQUIVALENT
GROUPINGS to center, as approved OR MODIFIED by the PLANNING AND
Development Services Department.

THE DEVELOPER MAY ALSO IMPLEMENT ALTERNATIVE SOLUTIONS FOR
THE NATURALIZING AND BLENDING OF THE QUARRY CUT SLOPE WITH
THE ADJACENT UNDISTURBED HILLSIDE AREA, AS APPROVED OR
MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

36. That sSolid block walls, except for retaining walls or privacy fencing on individual
28. lots, shall not be constructed outside of the building envelopes for the R1-18
portion of the site, as approved by the PLANNING AND Development Services
Department. Fencing constructed outside of the building envelope shall be
combination solid/view fencing. In addition, all fencing above the 15 percent
slope line shall be 100 percent view fencing.

37. That tThe entire 60-acre site shall have no perimeter fencing, as approved by the
29. PLANNING AND Development Services Department.

38. That pPrivate roadways within the R1-18 portion of the site shall be provided with
30. ribbon curbs and colored asphalt, as approved by the PLANNING AND
Development Services Department.

39. That private roadways within the R1-8 portion of the site shall be provided with a
31. raised, vertical curb, as approved by the Development Services Department.

40. That aAll HVAC units shall be ground mounted.
32.

41. That aAll street lighting and wall mounted security fixtures shall be full cut off
33. lighting. Fixture height shall be a maximum of 12 feet. Street lighting fixtures
shall be decorative and have a consistent architectural theme, as approved by
the PLANNING AND Development Services Department.

42. That bBollards shall be used for accent lighting at the primary access, entry
34. monument, driveways, and trail crossings, as approved by the PLANNING AND
Development Services Department. Photovoltaic energy sources for bollard
lighting shall be provided.

43. That aAny request to delete or modify these stipulations SHALL be preceded by
35. A presentation to the Laveen Village Planning Committee (VPC) for review and
recommendation, and notification to the following persons two weeks prior to
presentation at the VPC:

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274
Page 911
PHO-1-19—Z-165-06-7(8) Backup Memo
June 4, 2020


c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

44. That tThe following individuals shall be notified of any and all PLANNING AND
36. Development Services Department (DSD) meetings which are open to the
public. The applicant shall be responsible for notification to the following via a
first-class letter to be mailed at least two weeks prior to the DSD meeting(s):

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

45. That aAll sidewalks, within the R1-8 portion of the site, WHICH ARE
37. DEVELOPED ALONG STREETS DEVELOPED AS PUBLIC STREETS OR
PRIVATE ACCESSWAYS shall be detached with a minimum five-foot wide
landscaped strip located between the sidewalk and back of curb and shall
include minimum two-inch caliper shade trees planted a minimum rate of 20 feet
on center or IN equivalent groupings along both sides of the sidewalk, as
approved OR MODIFIED by the PLANNING AND Development Services
Department. The landscape strip shall be installed by the developer and
maintained by the homeowners’ association.

46. That aA mix of two and three-inch caliper trees shall be provided within all
38. required common open space tracts. With the exception of the open space area
adjacent to 35th Avenue, the species of trees provided shall shade 50 percent of
the area of the open space at tree maturity, as approved by the PLANNING AND
Development Services Department.

47. That only one-story homes shall be located along 35th Avenue.
39.
Page 912
PHO-1-19—Z-165-06-7(8) Backup Memo
June 4, 2020

LOTS 52-61 AND 82-83 1-7, LOCATED ALONG 35TH AVENUE AND AS
DEPICTED ON THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 MAY
26, 2020, ARE LIMITED TO A MAXIMUM BUILDING HEIGHT OF 20 FEET, AS
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

48. That aA detailed site plan, landscaping plan, elevations, perimeter fence or wall
40. plan, lighting plan, and entry monument signage shall be reviewed by the Laveen
Village Planning Committee prior to preliminary site plan approval by the
PLANNING AND Development Services Department.

Exhibit A:
Conceptual Site Plan date stamped May 26, 2020




Page 913
Page 914
Attachment E



REPORT OF PLANNING COMMISSION ACTION
June 4, 2020

ITEM NO: 18
DISTRICT NO.: 8
SUBJECT:

Application #: PHO-1-19--Z-165-06-7(8)
Location: Northwest corner of 35th Avenue and Carver Road
Request:  Modification of Stipulation No. 1 regarding general
conformance to the site plan date stamped October 8, 2007
and elevations date stamped February 20, 2007
 Modification of Stipulation No. 7 regarding the landscape
setback adjacent to 35th Avenue
 Deletion of Stipulation No. 19 regarding conditional
development approval
 Modification of Stipulation No. 27 regarding height of
terraced berms along the quarry cut slope base
 Modification of Stipulation No. 31 regarding raised, vertical
curbs within the R1-18 portion of the site
 Modification of Stipulation No. 37 regarding detached
sidewalks and landscape strips within the R1-8 portion of the
site
 Deletion of Stipulation No. 39 regarding one-story homes
along 35th Avenue
 Technical corrections to Stipulation Nos. 4, 5, 6, 8, 9, 15, 18,
20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 33, 34, 36, 38 and 40
Acreage: 59.48
Applicant: Jennifer Hall, Rose Law Group
Owner: Virtua 35th, LLC
Representative: Tom Galvin, Rose Law Group

ACTIONS:

Staff Recommendation: Denial as filed and approval with modifications and additional
stipulations as recommended by the Planning Hearing Officer.

Village Planning Committee (VPC) Recommendation:
Laveen 1/13/2020 Denial. Vote: 11-0.
The Laveen Village Planning Committee motion also included a request that the
Planning Hearing Officer recommend to the Planning Commission to initiate a zoning
reversion for the site.

Planning Hearing Officer Recommendation:
January 15, 2020 The Planning Hearing Officer took this case under advisement.
February 13, 2020 The Planning Hearing Officer took this case out from under
advisement and recommended denial as filed and approval with modifications and
additional stipulations.




Page 915
Planning Commission Recommendation: Approval, per staff memo dated June 4, 2020
with a modified stipulation and direction for the applicant to modify the application prior
to the City Council meeting.

Motion Discussion: N/A

Motion details: Commissioner Busching made a MOTION to approve PHO-1-19--Z-165-
06-7(8), per staff memo dated June 4, 2020 with a modification to Stipulation No. 6 to
reduce the useable open space from 12% to 8% and direction for the applicant to modify
the application prior to the City Council meeting to modify Stipulation No. 5 to reflect the
number of lots on the site plan.

Maker: Busching
Second: Shank
Vote: 8-0
Absent: Howard
Opposition Present: Yes

Findings:

1. The subject property of this request includes the entire 59 acres that comprised
the original rezoning case. However, the applicant only submitted plans
addressing the approximately 19.4 acres of R1-8 zoned property on the
eastern portion of the site, adjacent to 35th Avenue. Modifications are
recommended to the applicant’s request to ensure that the existing stipulations
on the approximately 39.6 acres of R1-18 zoned property on the western
portion of the site are not modified or deleted. Additionally, the applicant did not
submit elevations with the request. The original stipulations included a general
conformance requirement for building elevations. A modification is
recommended to the applicant’s request to require a future Planning Hearing
Officer application for review of conceptual building elevations.

2. The stipulated site plan depicted 99 detached single-family units arranged in
clusters of two and four, oriented towards common courtyards. There are also
seven free-standing units depicted at the northwest corner of the site partially
in the hillside-designated area. The proposed conceptual site plan depicts 92
units in a similar cluster-style arrangement. However, the units have been
shifted east on the property, reducing the total massing of development in the
designated hillside areas. Additionally, the homes are not oriented towards
courtyards and instead include larger private driveways in the front yards.
There is more open space preserved in the hillside area in the northwest
portion of the site. There is also more open space adjacent to the private
accessways (Tract “A”) which separates the homes from the streets. Because
the homes are closer to 35th Avenue, there is less open space provided along
the east property line. See Finding #3 for a more detailed description of the
recommendation for minimum open space and Finding #4 regarding the
landscape setback on 35th Avenue.

3. An additional stipulation is recommended to require the developer provide a
minimum of 26% open space, of which a minimum of 12% shall be usable
open space. The conceptual site plan depicts 40.47% open space. However,




Page 916
there is no open space exhibit and the applicant indicated that a recalculation
was necessary to adequately represent provided open space in the hillside
area, setbacks, and other locations. The provision of 26% open space is
compatible with the rural character of the surrounding area, consistent with
other recent zoning actions in the Village, and significantly exceeds existing
Ordinance standards.

4. The proposed reduction of the landscape setback on 35th Avenue from 235
feet (average) to minimum 100 feet accommodates the relocation of some
residential units out of the designated hillside areas, consistent with the City
approved slope analysis. The preservation of the hillside area will contribute to
the rural character of the site and maintain this unique natural feature of the
property. See Finding #9 regarding the restoration of the disturbed area on the
abandoned gravel mine that occupies a portion of the remainder of the site.

5. Approximately 2,300 feet to the east of the subject property are the Hangar
Hacienda Units One, Two, and Three subdivisions. These properties are in
Maricopa County jurisdiction. These communities are oriented around an air
strip utilized by residents who own private aircraft. Based on comments from a
resident in this community, the typical flight path runs directly over the subject
property of this request. An additional stipulation is recommended regarding
notification of the aviation uses on these properties for future residents.

6. The subject property is archaeologically sensitive. Three additional stipulations
are recommended which outline the City’s requirements regarding data testing,
data recovery, and archaeological assessments and survey.

7. The public right-of-way along 35th Avenue and a small portion along Carver
Road is in Maricopa County Department of Transportation (MCDOT)
jurisdiction. There is also an active drainage project along the roadway.
Therefore, additional stipulations are recommended to acknowledge that
MCDOT shall determine the final width and dedications needed for the portion
of right-of-way adjacent to the subject property. City of Phoenix Street
Transportation staff noted that in discussions with MCDOT staff, MCDOT does
not have immediate concerns regarding the location of proposed retention
areas shown on the conceptual site plan in regard to the drainage project.

8. Original Stipulation 19 states that approval shall be conditioned upon the
development commencing within 48 months of the City Council approval. For
properties with similar stipulations, the Planning and Development Department
has required that a Planning Hearing Officer (PHO) action be pursued to
modify or delete these conditions at the time that development is proposed, if
the proposed development has exceeded the timeframe identified in the
stipulation. The applicant is pursuing this process through their request for
deletion of the stipulation. The modification or deletion of this stipulation
through a PHO action is unrelated to the zoning reversion process which is a
separate public hearing process that is described in Section 506 of the Zoning
Ordinance.

The applicant’s request for deletion of original Stipulation 19 is recommended
for approval. The current proposal is consistent with the City Council’s original




Page 917
intent to see the subject property redevelop with a single-family residential land
use in the R1-8 zoning district. Additionally, the request is consistent with City
Council approved General Plan Amendment GPA-LV-1-08-7, which
established a Residential 3.5 to 5 dwelling units per gross acre land use
designation on the approximately 19.35 acres that comprises the R1-8 zoned
portion of the property. Both the proposed conceptual site plan, as modified by
this recommendation, and the existing R1-8 zoning designation are consistent
with this land use designation.

9. Original Stipulation #27, requiring terraced berms planted with deciduous trees,
may result in an environment that contrasts with the natural landscape of the
existing hillside in the surrounding area. The stipulated terraced berm
configuration is not consistent with the irregular natural landscape of the
existing hillside in the surrounding area and there are no deciduous trees on
hillside locations in the immediate vicinity. Proposals for fill are commonly
intended to continue and promote a natural slope line, rather than creating
terracing and other unnatural finishes.

There are a variety of alternatives to the stipulated requirement for terraced
berms that may be considered for the site that would result in a more natural
aesthetic to the restored hillside. These include chemical treatments and
coloration to remove or camouflage scarring, hydroseeding of the slope to
provide a mixture of natural grasses and plants which may also stabilize the
slope, and roughening the cut or restored slope to integrate pockets for
additional native landscaping.

Modified stipulation language is recommended to allow the applicant to work
with City staff on an alternative approach to restoring the quarry cut slope base
to promote a more natural landscape along the hillside.

10. The provision of detached sidewalks is consistent with numerous City policy
plans. The Tree and Shade Master Plan has a goal of treating the urban forest
as infrastructure to ensure that trees are an integral part of the City’s planning
and development process. Additionally, the City Council adopted Guiding
Principles for Complete Streets seeks to make Phoenix more walkable by
promoting a safe and inviting pedestrian environment that encourages
walkability and thermal comfort. These principles are also expressed and
expanded upon throughout the 2015 General Plan.

Therefore, the applicant’s request to delete this requirement and instead
stipulate a 5-foot sidewalk width is recommended for denial. However, the
street layout on the proposed conceptual site plan may require the utilization of
both private drives (between units) and private accessways (Tract “A”). There
are different technical requirements and cross sections for these street types
and it may be difficult to integrate detached sidewalks along both sides of
private drives.

A modification of the applicant’s request is recommended to require that
detached sidewalks shall be provided, as originally stipulated, along all streets
that are developed as public streets or private accessways.




Page 918
11. The Street Transportation Department noted that both original Stipulation 31
and the applicant’s proposed modified language may create conflicts if the
development is to include both attached and detached sidewalks. The City of
Phoenix standard detail for detached sidewalks along private accessways
requires vertical curbs. Attached sidewalks may be permitted to provide rolled
curbs. Deletion of the stipulation will allow the appropriate detail to be utilized
based on the final configuration of sidewalks at appropriate locations
throughout the development.

12. Original Stipulation 39 required that homes along 35th Avenue would be limited
to one-story. The stipulation did not specify a maximum building height.
Additionally, it is unclear whether the stipulation was intended to apply to the
individual units located closest to 35th Avenue or the entire clusters. The
original stipulation may permit a variety of building heights and locations for
height-restricted lots.

However, the intent of the stipulation was to mitigate the impacts of building
height for units closest to 35th Avenue and would have impacted homes at
approximately 235 feet (the stipulated average setback in original Stipulation
7). This remains a valid concern and consistent with the design of other recent
projects in the Village. Therefore, the applicant’s request for deletion of this
stipulation is recommended for denial. An alternative stipulation is proposed
that limits maximum building height to 20 feet for the 12 lots that are located
within approximately 235 feet of 35th Avenue. This recommendation is
intended to clarify the limitation on building height and identify the specific lots
impacted.

Stipulations:

General

1. That development shall be in general conformance with the site plan date
stamped October 8, 2007, and elevations date stamped February 20, 2007, as
modified by the following stipulations, and as approved by the Development
Services Department.

1. THE R1-8 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 MAY 26, 2020, AS
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC
REGARD TO THE FOLLOWING:

A. THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM
35TH AVENUE EXTENDED TO THE WESTERN PROPERTY
BOUNDARY, AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

B. THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE
WESTERN EDGE OF THE PROPERTY LINE SHALL TERMINATE AS
A STUB STREET TO THE ADJACENT UNDEVELOPED LAND TO




Page 919
THE WEST TO PROVIDE FOR A FUTURE VEHICULAR
CONNECTION.

2. CONCEPTUAL ELEVATIONS FOR THE R1-8 DEVELOPMENT 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 R1-18 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE
WITH THE SITE PLAN DATE STAMPED OCTOBER 8, 2007, AND
ELEVATIONS DATE STAMPED FEBRUARY 20, 2007, AS MODIFIED BY
THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

2. 4. That dDevelopment of the R1-18 portion of the site shall not exceed 22 lots.

3. 5. That dDevelopment of the R1-8 portion of the site shall not exceed a density of
99 lots.

6. THE R1-8 DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN
SPACE, OF WHICH A MINIMUM OF 12 8% SHALL BE USABLE OPEN
SPACE, AS APPROVED OR MODIFIED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

Site Design

4. 7. That uUnobstructed pedestrian access (for the purpose of private pedestrian
connectivity internal to the site) between the R1-18 and R1-8 portions of the
site shall be provided, as approved by the PLANNING AND Development
Services Department.

5. 8. That nNo solid wall in excess of three feet in height as measured from the
finished grade, shall be located on the site (either in private lots or common
tracts) except that solid walls greater than three feet in height shall be allowed
for the following purposes, as approved by the PLANNING AND Development
Services Department.

a. Walls utilized to screen utilities, trash enclosures, or other facilities
generally considered to be visually obtrusive.

b. Retaining wall.

6. 9. That nNo more than 60,000 square feet of natural turf area shall be located
within the common areas of the R1-8 portion of the site (this requirement does
not apply to synthetic turf); if provided, common area natural turf should be
centrally located and grouped so as to create one contiguous natural turf




Page 920
recreation area, as approved by the PLANNING AND Development Services
Department.

7. That a 235-foot (average), 200-foot (minimum) THE DEVELOPMENT SHALL
10. PROVIDE A MINIMUM 100 FOOT landscaped setback ALONG THE EAST
PROPERTY LINE adjacent to 35th Avenue shall be provided, as approved by
the PLANNING AND Development Services Department.

8. That a A 50-foot (minimum) landscaped setback adjacent to Carver Road (final
11. alignment) shall be provided, as approved by the PLANNING AND
Development Services Department.

9. That tThose portions of spider and jeep trails which are not part of the
12. approved grading envelopes, access drives, or other necessary site
disturbance related to the proposed development of the R1-8 portion of the site
shall be re-vegetated in a manner consistent with adjacent undisturbed
vegetation, as approved by the PLANNING AND Development Services
Department.

Disclosures

10. That pPrior to final site plan approval, the property owner shall record
13. documents that disclose to tenants of the site or purchasers of property within
the site, the existence, proximity, and operational characteristics of active
agricultural uses and non-domesticated animal keeping. The form and content
of such documents shall be according to the templates and instructions
provided, which have been reviewed and approved by the City Attorney.

14. THAT PRIOR TO FINAL SITE PLAN APPROVAL, THE PROPERTY OWNER
SHALL RECORD DOCUMENTS THAT DISCLOSE TO TENANTS OF THE
SITE OR PURCHASERS OF PROPERTY WITHIN THE SITE, THE
EXISTENCE, PROXIMITY, AND OPERATIONAL CHARACTERISTICS OF
ACTIVE AVIATION USES IN THE HANGAR HACIENDAS UNITS ONE, TWO,
AND THREE SUBDIVISIONS LOCATED APPROXIMATELY 2,300 FEET TO
THE EAST OF THE SUBJECT PROPERTY IN MARICOPA COUNTY. 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.

Parks and Recreation

11. That tThe developer shall dedicate a multi-use trail easement and construct a
15. multi-use trail, per adopted standards, along the north side of Carver Road, as
approved by the Parks and Recreation Department.

Archaeology

12. That tThe applicant shall complete an archaeological survey report of the
16. development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, or grading.




Page 921
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.

Street Transportation

13. That rRight-of-way totaling 55 feet shall be dedicated for the west half of 35th
20. Avenue, as approved by the Street Transportation Department. 35th Avenue
shall be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

14. That rRight-of-way totaling 55 feet shall be dedicated for the west half of
21. Carver Road, as approved by the Street Transportation Department. Carver
Road shall be constructed using rural streets standards similar to Dobbins
Road, as approved by the Street Transportation Department.

22. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR 35TH AVENUE
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

23. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR CARVER ROAD
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

15. That aA traffic impact study shall be submitted to, and approved by, the Street
24. Transportation Department prior to PLANNING AND Development Services
Department preliminary site plan approval. That all right-of-way dedications
and associated infrastructure improvements as recommended by the traffic
impact study shall be installed by the developer, as approved by the
PLANNING AND Development Services Department.




Page 922
16. That tThe developer shall construct all streets within and adjacent to the
25. development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as modified by these
stipulations, and as approved by the Street Transportation Department. All
improvements shall comply with all AmericanS with Disabilities Act accessibility
standards.

17. That tThe applicant shall complete and submit the Developer Project
26. Information Form for the Maricopa Association of Governments Transportation
Improvement Program. This form is a requirement of the Environmental
Protection Agency to meet clean air quality requirements.

18. That pPrior to preliminary site plan approval, the landowner shall execute a
27. Proposition 207 waiver of claims utilizing the provided template. The waiver
shall be recorded with the Maricopa County Recorder’s Office and a copy shall
be provided to the PLANNING AND Development Services Department for the
case files.

19. That approval shall be conditional upon the development commencing within
48 months of the City Council approval of this change of zoning in accordance
with Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation,
development shall commence with the issuance of building permits and
erection of the building walls on site.

Neighborhood

20. That bBuilding pad cuts shall be terraced if more than 6 feet in height and
28. treated with a stain, gunnite, or equivalent finish, as approved by the
PLANNING AND Development Services Department.

21. That aAll two story homes, within the R1-18 portion of the site, shall be
29. designed in a manner such that the square footage of the second story floor
area does not exceed 66 percent of the first story floor area does not exceed
66 percent of the first story floor area, as approved by the PLANNING AND
Development Services Department.

22. That cConcrete channels shall be designed to look natural in the desert setting
30. through color, texture, landscaping, or other means, as approved by the
PLANNING AND Development Services Department.

23. That tThe use of riprap and engineered culverts shall be minimized and, where
31. utilized, shall be integrated with the desert setting through color, texture, soil
plating, landscaping, or other means, as approved by the PLANNING AND
Development Services Department. To the extent possible, culverts shall be
undersized to allow minor flows (10 cfs or smaller) to cross roadways in their
natural condition.

24. That wWashes with a one-hundred-year peak flow of 200 cfs or greater shall
32. be preserved and enhanced with native vegetation as described in Appendix A,
Approved Plant Species List for Sonoran Preserve Edge Treatment Guidelines,
as approved by the PLANNING AND Development Services Department.




Page 923
25. That lLots with 2 or more sides abutting undisturbed open space shall be
33. designed with obtuse angles, rather than right angles or acute angles, as
approved by the PLANNING AND Development Services Department.

26. That oOn non-hillside lots within the R1-18 portion of the development, all
34. improvements, including driveways, landscaping, and underground utilities
shall be located within a building envelope occupying no more than 50 percent
of the lot up to a maximum of 20,000 square feet, whichever is less, as
approved by the PLANNING AND Development Services Department.

27. That a A minimum of three terraced berms with 2:1 fill slopes shall be installed
35. along the full length of the quarry cut slope base. The terraces shall BE
LIMITED TO A MAXIMUM HEIGHT OF be 8 feet tall, minimum, and shall be
PLANTED plated with a staggered combination of 2-inch and 4-inch caliper,
drought resistant, deciduous trees at 25 feet ON center OR IN EQUIVALENT
GROUPINGS to center, as approved OR MODIFIED by the PLANNING AND
Development Services Department.

THE DEVELOPER MAY ALSO IMPLEMENT ALTERNATIVE SOLUTIONS
FOR THE NATURALIZING AND BLENDING OF THE QUARRY CUT SLOPE
WITH THE ADJACENT UNDISTURBED HILLSIDE AREA, AS APPROVED
OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

28. That sSolid block walls, except for retaining walls or privacy fencing on
36. individual lots, shall not be constructed outside of the building envelopes for the
R1-18 portion of the site, as approved by the PLANNING AND Development
Services Department. Fencing constructed outside of the building envelope
shall be combination solid/view fencing. In addition, all fencing above the 15
percent slope line shall be 100 percent view fencing.

29. That tThe entire 60-acre site shall have no perimeter fencing, as approved by
37. the PLANNING AND Development Services Department.

30. That pPrivate roadways within the R1-18 portion of the site shall be provided
38. with ribbon curbs and colored asphalt, as approved by the PLANNING AND
Development Services Department.

31. That private roadways within the R1-8 portion of the site shall be provided with
39. a raised, vertical curb, as approved by the Development Services Department.

32. That aAll HVAC units shall be ground mounted.
40.

33. That aAll street lighting and wall mounted security fixtures shall be full cut off
41. lighting. Fixture height shall be a maximum of 12 feet. Street lighting fixtures
shall be decorative and have a consistent architectural theme, as approved by
the PLANNING AND Development Services Department.

34. That bBollards shall be used for accent lighting at the primary access, entry
42. monument, driveways, and trail crossings, as approved by the PLANNING




Page 924
AND Development Services Department. Photovoltaic energy sources for
bollard lighting shall be provided.

35. That aAny request to delete or modify these stipulations SHALL be preceded
43. by A presentation to the Laveen Village Planning Committee (VPC) for review
and recommendation, and notification to the following persons two weeks prior
to presentation at the VPC:

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

36. That tThe following individuals shall be notified of any and all PLANNING AND
44. Development Services Department (DSD) meetings which are open to the
public. The applicant shall be responsible for notification to the following via a
first-class letter to be mailed at least two weeks prior to the DSD meeting(s):

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

37. That aAll sidewalks, within the R1-8 portion of the site, WHICH ARE
45. DEVELOPED ALONG STREETS DEVELOPED AS PUBLIC STREETS OR
PRIVATE ACCESSWAYS shall be detached with a minimum five-foot wide
landscaped strip located between the sidewalk and back of curb and shall
include minimum two-inch caliper shade trees planted a minimum rate of 20
feet on center or IN equivalent groupings along both sides of the sidewalk, as
approved OR MODIFIED by the PLANNING AND Development Services
Department. The landscape strip shall be installed by the developer and
maintained by the homeowners’ association.




Page 925
38. That aA mix of two and three-inch caliper trees shall be provided within all
46. required common open space tracts. With the exception of the open space
area adjacent to 35th Avenue, the species of trees provided shall shade 50
percent of the area of the open space at tree maturity, as approved by the
PLANNING AND Development Services Department.

39. That only one-story homes shall be located along 35th Avenue.
47. LOTS 52-61 AND 82-83 1-7, LOCATED ALONG 35TH AVENUE AND AS
DEPICTED ON THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019
MAY 26, 2020, ARE LIMITED TO A MAXIMUM BUILDING HEIGHT OF 20
FEET, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

40. That aA detailed site plan, landscaping plan, elevations, perimeter fence or wall
48. plan, lighting plan, and entry monument signage shall be reviewed by the
Laveen Village Planning Committee prior to preliminary site plan approval by
the PLANNING AND Development Services Department.

This publication can be made available in alternate format upon request. Please contact
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 926
Attachment F


CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT


FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON:

APPLICATION NO/ PHO-1-19--Z-165- (SIGNATURE ON ORIGINAL IN FILE)
LOCATION 06-7(8) opposition x applicant
Northwest corner of
35th Avenue and
Carver Road
APPEALED FROM: PC 6/4/2020 Cyd Manning
480-747-0769
sweetbeat@q.com
PC DATE NAME / PHONE / EMAIL
TO PC/CC CC 6/24/2020 3220 West Ceton Drive
HEARING Laveen, AZ 85339
CC DATE STREET ADDRESS/CITY/STATE/ZIP
REASON FOR REQUEST:
Sixty-three lots on 20 acres at 3.2 dwelling units per acre is incompatible land use
with adjacent 40 acres and other adjacent surrounding parcels zoned R1-18, RE-35
and S-1. The R1-8 is speculative spot zoning. Disagree with the deletion of
Stipulation No. 19. There is no connectivity to the 40-acre portion, the circulation is a
90-degree grid and other stipulations recommended by the Planning Hearing Officer
were not included in the applicant’s revised plan.
RECEIVED BY: Jazmine Braswell RECEIVED ON: 6/9/2020


Alan Stephenson
Joshua Bednarek
Tricia Gomes
Racelle Escolar
Stephanie Vasquez
Leah Swanton
Vikki Cipolla-Murillo
Danielle Jordan
Applicant




Page 927
Page 928
CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT


FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON:

APPLICATION NO/ PHO-1-19--Z-165- (SIGNATURE ON ORIGINAL IN FILE)
LOCATION 06-7(8) opposition x applicant
Northwest corner of
35th Avenue and
Carver Road
APPEALED FROM: PC 6/4/2020 Lisa Vializ
602-741-5722
LVIALIZ@COX.NET
PC DATE NAME / PHONE / EMAIL
TO PC/CC CC 6/24/2020 8921 S. 53rd Drive
HEARING Laveen, AZ 85339
CC DATE STREET ADDRESS/CITY/STATE/ZIP
REASON FOR REQUEST:
1) R1-8 zoning is speculative spot zoning.
2) Sixty-three lots on 20 acres at 3.2 dwelling units per acre is incompatible land
use with the adjacent 40 acres. Surrounding zoning districts are: S-1, RE-35,
and R1-18.
3) We disagree with deletion of Stipulation No. 19, personally placed in this case
by then Mayor Phil Gordon to protect the community.
4) There is no connectivity to 40-acre portion. Circulation is 90-degree grid and
other stipulations recommended by the Planning Hearing Officer were not
included in applicant’s revised plan.
RECEIVED BY: Jazmine Braswell RECEIVED ON: 6/9/2020


Alan Stephenson
Joshua Bednarek
Tricia Gomes
Racelle Escolar
Stephanie Vasquez
Leah Swanton
Vikki Cipolla-Murillo
Danielle Jordan
Applicant




Page 929
Page 930
Attachment G

Adam Stranieri

From: Sofia Mastikhina
Sent: Wednesday, March 4, 2020 8:14 AM
To: Julianna Pierre; Adam Stranieri
Subject: FW: Case Z-165-06 (PHO-1-19


FYI

Sofia Mastikhina
Planner II - Village Planner
Long Range Planning
Office: 602-256-5648
200 West Washington Street
Phoenix, AZ 85003



From: Ernst Bauer
Sent: Tuesday, March 3, 2020 6:20 PM
To: Alan Stephenson ; Joshua Bednarek ; Samantha
Keating ; PDD Laveen VPC ; Council District 7 PCC
; Council District 8 PCC
Subject: Case Z‐165‐06 (PHO‐1‐19

Laveen Village Planning Committee, Planning Management and Staff,

Case Z‐165‐06 (PHO‐1‐19) is scheduled for both LVPC and PHO review next week. I respectfully request that you deny Z‐
165‐06 (PHO‐1‐19) as filed.

The City of Phoenix is bound to enforce Ordinance G‐5020 in which SECTION 2 specifies: “The specific nature of the
subject property and of the rezoning request is more particularly described in case file Z‐165‐06‐7, on file with the
Planning Department. Due to the site’s specific physical conditions and the use district applied for by the applicant, this
zoning is subject to the following stipulations, violation of which shall be treated in the same manner as a violation of the

Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of the City
Council approval of this change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For purposes of
this stipulation, development shall commence with the issuance of building permits and erection of building walls on
site.”. City Council approval was on October 10, 2007 and with the 48‐month timing, the zoning was set to revert to S‐1
as of 2011. To date there has been no development on the property and no action taken by the City to revert the zoning
as required.

Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and duty to
enforce these requirements to execute and finalize the long‐overdue zoning reversion to S‐1 for the entire property. In
addition, the City should also execute a companion General Plan Amendment from 3.5‐5 du/a to 0‐1
Residential/Parks/Open Space to match the reverted S‐1 zoning. Precedent has already been set with Resolution 20714‐
GPA‐LV‐1‐08‐7 which was initiated by the City in July 2008 and approved by the City Council on October 15, 2008.




Page 931
The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are requesting
multiple stipulation modifications and deletions, including deletion of Stipulation 19. Deleting this stipulation is a
violation of the City of Phoenix Zoning Ordinance, a very serious matter, and simply wrong. It was written by City
Planning professionals and included, reviewed and approved by the City Council. This stipulation protected the
neighbors and community from providing a blank check for a high density development that does not fit the area.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Dr. Ernst Bauer
Professor Emeritus
11581 S 28th Ave
Laveen
AZ 85339
e-mail: ernst.bauer@asu.edu
Webpage: http://ernstbauer.physics.asu.edu [ernstbauer.physics.asu.edu]





Page 932
Racelle Escolar

From: Sofia Mastikhina
Sent: Monday, March 23, 2020 7:52 AM
To: Danielle M Jordan
Cc: Racelle Escolar
Subject: FW: Deny Case Z-165-06 (PHO 1-19)




Sofia Mastikhina
Planner II - Village Planner
Long Range Planning
Office: 602-256-5648
200 West Washington Street
Phoenix, AZ 85003


From: D M
Sent: Saturday, March 21, 2020 4:43 PM
To: Sofia Mastikhina
Subject: Deny Case Z‐165‐06 (PHO 1‐19)


Planning Commission Members, Planning Management and Staff,



I request you DENY Case Z‐165‐06 (PHO‐1‐19) when it comes before the Planning Commission on April 2. The City of
Phoenix first needs to enforce their ordinance, G‐5020, which requires the zoning be placed back to S‐1 (one house per
acre) as of 2011. To date no action has been taken which violates City Zoning Ordinance and is a serious matter.



The current owner is requesting to delete stipulation 19 of this ordinance which has protected the neighbors and
community from providing a blank check for a high density development that does not fit the area.



Do the required and right thing! Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.



Respectfully,





Page 933
Name Darcy Meyer

Address 3535 W Bohl St, Laveen Village, AZ 85339





Page 934
Racelle Escolar

From: Sofia Mastikhina
Sent: Monday, March 23, 2020 7:52 AM
To: Danielle M Jordan
Cc: Racelle Escolar
Subject: FW: Case Z-165-06 (PHO-1-19)




Sofia Mastikhina
Planner II - Village Planner
Long Range Planning
Office: 602-256-5648
200 West Washington Street
Phoenix, AZ 85003


From: Sarah VanSchyndel
Sent: Sunday, March 22, 2020 5:58 AM
To: Alan Stephenson ; Joshua Bednarek ; Mayor
Gallego ; Council District 7 PCC ; Council District 8 PCC
; Council District 3 PCC ; Council District 4
; Sofia Mastikhina
Subject: Case Z‐165‐06 (PHO‐1‐19)

Planning Commission Members, Planning Management and Staff,
Councilmen, Councilwomen and Madam Mayor;

Case Z-165-06 (PHO-1-19) is scheduled for Planning Commission review April 2. I respectfully request that you
deny Z-165-06 (PHO-1-19) as filed.
The City of Phoenix is bound to enforce Ordinance G-5020 in which SECTION 2 specifies: “The specific nature of
the subject property and of the rezoning request is more particularly described in case file Z-165-06-7, on file with
the Planning Department. Due to the site’s specific physical conditions and the use district applied for by the
applicant, this zoning 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”, which includes Stipulation 19.
Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of the
purposes of this stipulation, development shall commence with the issuance of building permits and erection of
building walls on site.”. City Council approval was on October 10, 2007 and with the 48-month timing, the zoning
was set to revert to S-1 as of 2011. To date there has been no development on the property and no action taken by
the City to revert the zoning as required.
Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and duty
to enforce these requirements to execute and finalize the long-overdue zoning reversion to S-1 for the entire
property. In addition, the City should also execute a companion General Plan Amendment from 3.5-5 du/a to 0-1
Residential/Parks/Open Space to match the reverted S-1 zoning. Precedent has already been set with Resolution
20714-GPA-LV-1-08-7 which was initiated by the City in July 2008 and approved by the City Council on October 15,
2008.
The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are requesting
multiple stipulation modifications and deletions, including deletion of Stipulation 19. Deleting this stipulation is a

Page 935
violation of the City of Phoenix Zoning Ordinance, a very serious matter, and simply wrong. It was written by City
Planning professionals and included, reviewed and approved by the City Council. This stipulation protected the
neighbors and community from providing a blank check for a high density development that does not fit the area.
Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open
Space to match the S-1 zoning.
Sarah Johns
3913 W. Carver Rd.
Laveen, AZ 85339

--
Sarah Johns





Page 936
Racelle Escolar

From: Sofia Mastikhina
Sent: Monday, March 23, 2020 11:19 AM
To: Danielle M Jordan; Racelle Escolar
Subject: FW: Case Z-165-06 (PHO-1-19) - Planning Commision Hearing - April 2, 2020




Sofia Mastikhina
Planner II - Village Planner
Long Range Planning
Office: 602-256-5648
200 West Washington Street
Phoenix, AZ 85003



From: Scott Johnson
Sent: Monday, March 23, 2020 11:15 AM
To: Alan Stephenson ; Joshua Bednarek ; Mayor
Gallego ; Council District 7 PCC ; Council District 8 PCC
; Council District 3 PCC ; Council District 4
; Sofia Mastikhina
Cc: 'Cyd Manning'
Subject: Case Z‐165‐06 (PHO‐1‐19) ‐ Planning Commision Hearing ‐ April 2, 2020

Planning Commission Members, Planning Management and Staff,

Case Z‐165‐06 (PHO‐1‐19) is scheduled for Planning Commission review April 2. I respectfully request that you deny Z‐
165‐06 (PHO‐1‐19) as filed.

The City of Phoenix is bound to enforce Ordinance G‐5020 in which SECTION 2 specifies: “The specific nature of the
subject property and of the rezoning request is more particularly described in case file Z‐165‐06‐7, on file with the
Planning Department. Due to the site’s specific physical conditions and the use district applied for by the applicant, this
zoning is subject to the following stipulations, violation of which shall be treated in the same manner as a violation of the

Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of the City
Council approval of this change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For purposes of
this stipulation, development shall commence with the issuance of building permits and erection of building walls on
site.”. City Council approval was on October 10, 2007 and with the 48‐month timing, the zoning was set to revert to S‐1
as of 2011. To date there has been no development on the property and no action taken by the City to revert the zoning
as required.

Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and duty to
enforce these requirements to execute and finalize the long‐overdue zoning reversion to S‐1 for the entire property. In
addition, the City should also execute a companion General Plan Amendment from 3.5‐5 du/a to 0‐1
Residential/Parks/Open Space to match the reverted S‐1 zoning. Precedent has already been set with Resolution 20714‐
GPA‐LV‐1‐08‐7 which was initiated by the City in July 2008 and approved by the City Council on October 15, 2008.


Page 937
The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are requesting
multiple stipulation modifications and deletions, including deletion of Stipulation 19. Deleting this stipulation is a
violation of the City of Phoenix Zoning Ordinance, a very serious matter, and simply wrong. It was written by City
Planning professionals and included, reviewed and approved by the City Council. This stipulation protected the
neighbors and community from providing a blank check for a high density development that does not fit the area.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Thank you for your consideration, Scott Johnson

Scott Johnson, President
Hangar Haciendas HOA
3143 W. Avion Way
Laveen, AZ 85339
602‐320‐2382
sjohnson@scottjce.com




Virus-free. www.avg.com [avg.com]
[avg.com]





Page 938
Racelle Escolar

From: Sofia Mastikhina
Sent: Monday, March 23, 2020 12:19 PM
To: Racelle Escolar; Danielle M Jordan
Subject: FW: Rezoning




Sofia Mastikhina
Planner II - Village Planner
Long Range Planning
Office: 602-256-5648
200 West Washington Street
Phoenix, AZ 85003


From: David Vaughan
Sent: Monday, March 23, 2020 12:15 PM
To: Sofia Mastikhina
Subject: Rezoning


Planning Commission Members, Planning Management and Staff,

Case Z-165-06 (PHO-1-19) is scheduled for Planning Commission review April 2. I respectfully request that you deny Z-165-06 (PHO-
1-19) as filed.

The City of Phoenix is bound to enforce Ordinance G-5020 in which SECTION 2 specifies: “The specific nature of the subject property
and of the rezoning request is more particularly described in case file Z-165-06-7, on file with the Planning Department. Due to the
site’s specific physical conditions and the use district applied for by the applicant, this zoning 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”, which includes
Stipulation 19.

Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of the City Council approval
of this change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation, development
shall commence with the issuance of building permits and erection of building walls on site.”. City Council approval was on October 10,
2007 and with the 48-month timing, the zoning was set to revert to S-1 as of 2011. To date there has been no development on the
property and no action taken by the City to revert the zoning as required.

Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and duty to enforce these
requirements to execute and finalize the long-overdue zoning reversion to S-1 for the entire property. In addition, the City should also
execute a companion General Plan Amendment from 3.5-5 du/a to 0-1 Residential/Parks/Open Space to match the reverted S-1
zoning. Precedent has already been set with Resolution 20714-GPA-LV-1-08-7 which was initiated by the City in July 2008 and
approved by the City Council on October 15, 2008.

The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are requesting multiple stipulation
modifications and deletions, including deletion of Stipulation 19. Deleting this stipulation is a violation of the City of Phoenix Zoning
Ordinance, a very serious matter, and simply wrong. It was written by City Planning professionals and included, reviewed and
approved by the City Council. This stipulation protected the neighbors and community from providing a blank check for a high density
development that does not fit the area.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning.





Page 939
Racelle Escolar

From: Sofia Mastikhina
Sent: Tuesday, March 24, 2020 12:25 PM
To: Danielle M Jordan; Racelle Escolar
Subject: FW: Quarry Case at 35th Ave. & Carver/Ceton - Z-165-06-7




Sofia Mastikhina
Planner II - Village Planner
Long Range Planning
Office: 602-256-5648
200 West Washington Street
Phoenix, AZ 85003



From: Steven Dougherty
Sent: Tuesday, March 24, 2020 12:24 PM
To: Alan Stephenson ; Joshua Bednarek ; Mayor
Gallego ; Council District 7 PCC ; Council District 8 PCC
; Council District 3 PCC ; Council District 4
; Sofia Mastikhina
Cc: Steven Dougherty
Subject: Quarry Case at 35th Ave. & Carver/Ceton ‐ Z‐165‐06‐7

Planning Commission Members, Planning Management and Staff,

Case Z‐165‐06 (PHO‐1‐19) is scheduled for Planning Commission review April 2. I respectfully request that you deny Z‐
165‐06 (PHO‐1‐19) as filed.

The City of Phoenix is bound to enforce Ordinance G‐5020 in which SECTION 2 specifies: “The specific nature of the
subject property and of the rezoning request is more particularly described in case file Z‐165‐06‐7, on file with the
Planning Department. Due to the site’s specific physical conditions and the use district applied for by the applicant, this
zoning is subject to the following stipulations, violation of which shall be treated in the same manner as a violation of the

Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of the City
Council approval of this change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For purposes of
this stipulation, development shall commence with the issuance of building permits and erection of building walls on
site.”. City Council approval was on October 10, 2007 and with the 48‐month timing, the zoning was set to revert to S‐1
as of 2011. To date there has been no development on the property and no action taken by the City to revert the zoning
as required.

Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and duty to
enforce these requirements to execute and finalize the long‐overdue zoning reversion to S‐1 for the entire property. In
addition, the City should also execute a companion General Plan Amendment from 3.5‐5 du/a to 0‐1
Residential/Parks/Open Space to match the reverted S‐1 zoning. Precedent has already been set with Resolution 20714‐
GPA‐LV‐1‐08‐7 which was initiated by the City in July 2008 and approved by the City Council on October 15, 2008.


Page 940
The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are requesting
multiple stipulation modifications and deletions, including deletion of Stipulation 19. Deleting this stipulation is a
violation of the City of Phoenix Zoning Ordinance, a very serious matter, and simply wrong. It was written by City
Planning professionals and included, reviewed and approved by the City Council. This stipulation protected the
neighbors and community from providing a blank check for a high density development that does not fit the area.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.


Sincerely,
Steven Dougherty
Steven@StevenDougherty.com
11222 S 39th Ln
Laveen AZ 85339
480‐430‐6130 Cell


CONFIDENTIALITY NOTICE ‐ This e‐mail transmission and any documents, files or previous e‐mail messages attached to
it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a
person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play
this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in
or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error,
please immediately notify the sender by telephone or return e‐mail and delete the original transmission and its
attachments without reading, forwarding, saving or re‐distributing in any manner.





Page 941
Racelle Escolar

Subject: FW: Case Z-165-06 (PHO-1-19)


From: Jo Ann Valenta
Sent: Tuesday, March 24, 2020 3:21 PM
To: PDD Zoning
Subject: Case Z‐165‐06 (PHO‐1‐19)

Planning Commission Members, Planning Management and Staff,

I request you deny Case Z-165-06 (PHO-1-19) when it comes before the Planning Commission on
April 2. The City of Phoenix first needs to enforce their ordinance, G-5020, which requires the zoning
be placed back to S-1 (one house per acre) as of 2011. To date no action has been taken which
violates City Zoning Ordinance and is a serious matter.

The current owner is requesting to delete stipulation 19 of this ordinance which has protected the
neighbors and community from providing a blank check for a high density development that does not
fit the area.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to
initiate, approve and finally codify the required zoning reversion action to S-1 and amend the General
Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning.

Jo Ann Valenta

The Sanctuary at South Mountain
3224 W Carver Road
Laveen, AZ 85339





Page 942
Racelle Escolar

From: Sofia Mastikhina
Sent: Wednesday, March 25, 2020 9:40 AM
To: Racelle Escolar; Danielle M Jordan
Subject: FW: Case Z-165-06 (PHO-1-19)




Sofia Mastikhina
Planner II - Village Planner
Long Range Planning
Office: 602-256-5648
200 West Washington Street
Phoenix, AZ 85003



From: sonya fazio
Sent: Wednesday, March 25, 2020 9:38 AM
To: Sofia Mastikhina
Subject: Case Z‐165‐06 (PHO‐1‐19)

Sofia Mastikhina

I request you deny Case Z-165-06 (PHO-1-19) when it comes before you on January 13 and 15. The
back to S-1 (one house per acre) as of 2011. To date no action has been taken which violates City
Zoning Ordinance and is a serious matter.


The current owner is requesting to delete stipulation 19 of this ordinance which has protected the
neighbors and community from providing a blank check for a high density development that does not
fit the area.


Please do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move
to initiate, approve and finally codify the required zoning reversion action to S-1 and amend the
General Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning.


Thank You for your time!

Sonya Fazio
2414 W Corral Rd
Phoenix AZ 85041





Page 943
Racelle Escolar

Subject: FW:


From: PDD Zoning
Sent: Thursday, March 26, 2020 9:26 AM
To: Sofia Mastikhina ; Racelle Escolar ; Adam Stranieri

Subject: FW:

From the zoning mailbox.

From: Brenda Miller
Sent: Thursday, March 26, 2020 9:05 AM
To: PDD Zoning
Subject:

Laveen Village Planning Committee, Planning Management and Staff,

Case Z‐165‐06 (PHO‐1‐19) is scheduled for both LVPC and PHO review next week. I respectfully request that you deny Z‐165‐06
(PHO‐1‐19) as filed.

The City of Phoenix is bound to enforce Ordinance G‐5020 in which SECTION 2 specifies: “The specific nature of the subject property
and of the rezoning request is more particularly described in case file Z‐165‐06‐7, on file with the Planning Department. Due to the
site’s specific physical conditions and the use district applied for by the applicant, this zoning 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”, which includes
Stipulation 19.

Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of the City Council
approval of this change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation,
development shall commence with the issuance of building permits and erection of building walls on site.”. City Council approval was
on October 10, 2007 and with the 48‐month timing, the zoning was set to revert to S‐1 as of 2011. To date there has been no
development on the property and no action taken by the City to revert the zoning as required.

Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and duty to enforce
these requirements to execute and finalize the long‐overdue zoning reversion to S‐1 for the entire property. In addition, the City
should also execute a companion General Plan Amendment from 3.5‐5 du/a to 0‐1 Residential/Parks/Open Space to match the
reverted S‐1 zoning. Precedent has already been set with Resolution 20714‐GPA‐LV‐1‐08‐7 which was initiated by the City in July
2008 and approved by the City Council on October 15, 2008.

The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are requesting multiple
stipulation modifications and deletions, including deletion of Stipulation 19. Deleting this stipulation is a violation of the City of
Phoenix Zoning Ordinance, a very serious matter, and simply wrong. It was written by City Planning professionals and included,
reviewed and approved by the City Council. This stipulation protected the neighbors and community from providing a blank check
for a high density development that does not fit the area.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify
the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1
zoning.

Brenda Miller
219 W. Mountain Sage Drive
Phoenix, AZ 85045




Page 944
From: JK Bronson‐Groen
Sent: Thursday, March 26, 2020 7:44 AM
To: Alan Stephenson ; Joshua Bednarek ; Samantha
Keating ; PDD Laveen VPC
Cc: Mayor Gallego ; Council District 7 PCC ; Council
District 8 PCC ; Council District 3 PCC ; Council District
4
Subject: Case Z‐165‐06‐07


Good morning Laveen Village Planning Committee, Planning
Management and staff,
I was surprised to see this posted on 35th ave and Carver rd. Due to these unprecedented times I do not believe holding
a public hearing on April 2nd is appropriate. In lieu of attending the meeting I am emailing my thoughts and opinions
regarding the changes and deletions being requested.

The owner is again requesting deletion of section 19. I am requesting you deny Case Z‐165‐06‐07 when it
comes before you on April 2nd. The City of Phoenix first needs to enforce their
ordinance, G‐5020, which requires the zoning be placed back to S‐1 (one house per
acre) as of 2011. To date no action has been taken which violates City Zoning
Ordinance and is a serious matter. The current owner is requesting to delete
stipulation 19 of this ordinance which has protected the neighbors and community
from providing a blank check for a high density development that does not fit the
area. Do the required and right thing. Deny Z‐165‐06‐07 as filed. Then immediately
move to initiate, approve and finally codify the required zoning reversion action to
S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the
S‐1 zoning.
Thank you for your time and assistance in this very important matter.

Kyle Bronson
503‐890‐7885
4034 W Carver Rd
Laveen, AZ 85339




Page 945

Page 946
Sent from Kyle's iPhone

Begin forwarded message:

From: JK Bronson‐Groen
Date: January 13, 2020 at 9:56:09 AM MST
To: "alan.stephenson@phoenix.gov" , "joshua.bednarek@phoenix.gov"
, Samantha Keating , "LaveenVPC@phoenix.gov"

Cc: "mayor.gallego@phoenix.gov" , "council.district.7@phoenix.gov"
, "council.district.8@phoenix.gov" ,
"council.district.3@phoenix.gov" , "council.district.4@phoenix.gov"

Subject: Case Z‐165‐06 (PHO‐1‐19)


Good Morning Laveen Village Planning Committee, Planning Management and Staff,

I am a resident on Carver Rd, our property backs the beautiful Carver Mountain. I was very concerned when I saw the
rezoning notice posted on the large gravel pit at 35th ave and Carver. This area is beautiful farm country land with
minimum 1 acre lots.

I am requesting you deny Case Z‐165‐06 (PHO‐1‐19) when it comes before you on January 13 and 15. The City of Phoenix
first needs to enforce their ordinance, G‐5020, which requires the zoning be placed back to S‐1 (one house per acre) as
of 2011. To date no action has been taken which violates City Zoning Ordinance and is a serious matter. The current
owner is requesting to delete stipulation 19 of this ordinance which has protected the neighbors and community from
providing a blank check for a high density development that does not fit the area. Do the required and right thing. Deny
Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the required zoning
reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

Thank you for your time and attention to this very important matter,

Kyle Bronson
4034 W Carver Rd.
Laveen, AZ. 85339
C – 503‐890‐7885


Sent from Mail [go.microsoft.com] for Windows 10




Page 947
Racelle Escolar

Subject: FW: Case Z-165-06 (PHO-1-19)


From: Kieran Prendergast
Sent: Thursday, March 26, 2020 2:40 PM
To: PDD Zoning
Subject: Case Z‐165‐06 (PHO‐1‐19)

Laveen Village Planning Committee, Planning Management and Staff,

Case Z-165-06 (PHO-1-19) is scheduled for both LVPC and PHO review next week. I respectfully request that
you deny Z-165-06 (PHO-1-19) as filed.

The City of Phoenix is bound to enforce Ordinance G-5020 in which SECTION 2 specifies: “The specific
nature of the subject property and of the rezoning request is more particularly described in case file Z-165-06-
7, on file with the Planning Department. Due to the site’s specific physical conditions and the use district
applied for by the applicant, this zoning 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”, which includes Stipulation
19.

Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of
the City Council approval of this change of zoning in accordance with Section 506.B.1 of the Zoning
Ordinance. For purposes of this stipulation, development shall commence with the issuance of building
permits and erection of building walls on site.”. City Council approval was on October 10, 2007 and with the
48-month timing, the zoning was set to revert to S-1 as of 2011. To date there has been no development on
the property and no action taken by the City to revert the zoning as required.

Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and
duty to enforce these requirements to execute and finalize the long-overdue zoning reversion to S-1 for the
entire property. In addition, the City should also execute a companion General Plan Amendment from 3.5-5
du/a to 0-1 Residential/Parks/Open Space to match the reverted S-1 zoning. Precedent has already been set
with Resolution 20714-GPA-LV-1-08-7 which was initiated by the City in July 2008 and approved by the City
Council on October 15, 2008.

The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are
requesting multiple stipulation modifications and deletions, including deletion of Stipulation 19. Deleting this
stipulation is a violation of the City of Phoenix Zoning Ordinance, a very serious matter, and simply wrong. It
was written by City Planning professionals and included, reviewed and approved by the City Council. This
stipulation protected the neighbors and community from providing a blank check for a high density
development that does not fit the area.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate,
approve and finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1
Residential/Parks/Open Space to match the S-1 zoning.

Sincerely,
Kieran Prendergast
313 W Osborn Rd Phoenix, AZ 85013





Page 948
Racelle Escolar

From: Sofia Mastikhina
Sent: Monday, March 30, 2020 8:20 AM
To: Racelle Escolar; Danielle M Jordan
Subject: Fwd: Please help




Get Outlook for iOS

From: Leah
Sent: Friday, March 27, 2020 9:02:38 AM
To: Alan Stephenson ; Joshua Bednarek ; Mayor
Gallego ; Council District 7 PCC ; Council District 8 PCC
; Council District 3 PCC ; Council District 4
; Sofia Mastikhina
Subject: Please help


Laveen Village Planning Committee, Planning Management and Staff,

I request you deny Case Z-165-06 (PHO-1-19) when it comes before you on January 13 and 15. The City of Phoenix first needs to
enforce their ordinance, G-5020, which requires the zoning be placed back to S-1 (one house per acre) as of 2011. To date no action
has been taken which violates City Zoning Ordinance and is a serious matter.

The current owner is requesting to delete stipulation 19 of this ordinance which has protected the neighbors and community from
providing a blank check for a high densitydevelopment that does not fit the area.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning.

Leah Wilson

15601 S 1st Ave
Phoenix, AZ



Sent from my iPad





Page 949
Racelle Escolar

Subject: FW: Quarry Case at 35th Ave. & Carver/Ceton - Z-165-06-7


From: Heather Lott
Sent: Monday, March 30, 2020 4:27 PM
To: Alan Stephenson ; Mayor Gallego ; Joshua Bednarek
; Council District 7 PCC ; Council District 8 PCC
; Council District 3 PCC ; Council District 4
; Sofia Mastikhina
Subject: Quarry Case at 35th Ave. & Carver/Ceton ‐ Z‐165‐06‐7

Planning Commission Members, Planning Management and Staff,

Case Z‐165‐06 (PHO‐1‐19) is scheduled for Planning Commission review April 2. I respectfully request that you deny Z‐165‐06 (PHO‐
1‐19) as filed.

The City of Phoenix is bound to enforce Ordinance G‐5020 in which SECTION 2 specifies: “The specific nature of the subject property
and of the rezoning request is more particularly described in case file Z‐165‐06‐7, on file with the Planning Department. Due to the
site’s specific physical conditions and the use district applied for by the applicant, this zoning 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”, which includes
Stipulation 19.

Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of the City Council
approval of this change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation,
development shall commence with the issuance of building permits and erection of building walls on site.”. City Council approval was
on October 10, 2007 and with the 48‐month timing, the zoning was set to revert to S‐1 as of 2011. To date there has been no
development on the property and no action taken by the City to revert the zoning as required.

Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and duty to enforce
these requirements to execute and finalize the long‐overdue zoning reversion to S‐1 for the entire property. In addition, the City
should also execute a companion General Plan Amendment from 3.5‐5 du/a to 0‐1 Residential/Parks/Open Space to match the
reverted S‐1 zoning. Precedent has already been set with Resolution 20714‐GPA‐LV‐1‐08‐7 which was initiated by the City in July
2008 and approved by the City Council on October 15, 2008.

The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are requesting multiple
stipulation modifications and deletions, including deletion of Stipulation 19. Deleting this stipulation is a violation of the City of
Phoenix Zoning Ordinance, a very serious matter, and simply wrong. It was written by City Planning professionals and included,
reviewed and approved by the City Council. This stipulation protected the neighbors and community from providing a blank check
for a high density development that does not fit the area.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify
the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1
zoning.

Sincerely,

Heather Lott
11610 S. 43rd Ave
Laveen, AZ 85339





Page 950
Racelle Escolar

Subject: FW: Case Z-165-06 (PHO-1-19)
Attachments: DSC_8431.jpg


From: Sofia Mastikhina
Sent: Tuesday, March 31, 2020 7:23 AM
To: Racelle Escolar ; Danielle M Jordan
Subject: Fwd: Case Z‐165‐06 (PHO‐1‐19)

Get Outlook for iOS

From: Bryan Peltzer
Sent: Monday, March 30, 2020 5:58:40 PM
To: Alan Stephenson ; Joshua Bednarek ; Mayor
Gallego ; Council District 7 PCC ; Council District 8 PCC
; Council District 3 PCC ; Council District 4
; Sofia Mastikhina
Subject: Case Z‐165‐06 (PHO‐1‐19)

Planning Commission Members, Planning Management and Staff,

I request you deny Case Z‐165‐06 (PHO‐1‐19) when it comes before the Planning Commission on April 2 for several
reasons. They are as follows:


 The City of Phoenix first needs to enforce their ordinance, G‐5020, which requires the zoning be placed back to
S‐1 (one house per acre) as of 2011. To date no action has been taken which violates City Zoning Ordinance and
is a serious matter. According to City Zoning Code 506 B.1, the City of Phoenix has a duty and obligation to
initiate a hearing on the reversion of the zoning.
 The current owner is requesting to delete stipulation 19 of this ordinance which has protected the neighbors
and community from providing a blank check for a high density development that does not fit the area. The area
along Carver Road between 27th and 51st Avenues is very rural and comprised almost entirely of 1‐acre lots. As
such there is a significant amount of room between homes and the area is relatively dark at night. An attached
photograph depicts the area just after twilight. Approval of zoning that would allow much denser development
would create an eyesore in the community and ruin the ambiance that has developed natural should not be
encouraged.
 Due to the outbreak of Covid‐19, attendance at city meetings, hearings, etc. has been severely curtailed and
possibly eliminated entirely with Gov. Ducey’s executive orders today (March 30, 2020). These restrictions
undermine the ability of concerned residents to voice (and display with their attendance numbers) their
displeasure with the proposed zoning changes. Going ahead with such hearings should give reasonable people
concern regarding the legitimacy of such actions.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Bryan Peltzer
3725 W. Fox Road
Laveen, Arizona 85339


Page 951

Page 952
Racelle Escolar

Subject: FW: 35th Avenue & Carver Proposed Building Project


From: Kingston, Suzanne
Sent: Tuesday, March 31, 2020 8:52:26 AM
To: Joshua Bednarek ; Mayor Gallego ; Council District 7 PCC
; Council District 8 PCC ; Council District 3 PCC ;
Council District 4 ; Sofia Mastikhina
Subject: 35th Avenue & Carver Proposed Building Project

March 31, 2020

Planning Commission Members, Planning Management and Staff,

Case Z-165-06 (PHO-1-19) is scheduled for Planning Commission review April 2. I respectfully request that you deny Z-165-06 (PHO-1-19) as
filed.

The City of Phoenix is bound to enforce Ordinance G-5020 in which SECTION 2 specifies: “The specific nature of the subject property and of the
rezoning request is more particularly described in case file Z-165-06-7, on file with the Planning Department. Due to the site’s specific physical
conditions and the use district applied for by the applicant, this zoning 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”, which includes Stipulation 19.

Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of the City Council approval of this
change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation, development shall commence with
the issuance of building permits and erection of building walls on site.”. City Council approval was on October 10, 2007 and with the 48-month
timing, the zoning was set to revert to S-1 as of 2011. To date there has been no development on the property and no action taken by the City to
revert the zoning as required.

Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and duty to enforce these requirements to
execute and finalize the long-overdue zoning reversion to S-1 for the entire property. In addition, the City should also execute a companion General
Plan Amendment from 3.5-5 du/a to 0-1 Residential/Parks/Open Space to match the reverted S-1 zoning. Precedent has already been set with
Resolution 20714-GPA-LV-1-08-7 which was initiated by the City in July 2008 and approved by the City Council on October 15, 2008.

The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are requesting multiple stipulation modifications
and deletions, including deletion of Stipulation 19. Deleting this stipulation is a violation of the City of Phoenix Zoning Ordinance, a very serious
matter, and simply wrong. It was written by City Planning professionals and included, reviewed and approved by the City Council. This stipulation
protected the neighbors and community from providing a blank check for a high density development that does not fit the area.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and finally codify the required
zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning.

Sincerely,

Suzanne Kingston
11820 S. 38th Avenue
Laveen, AZ 85339

SECURITY/CONFIDENTIALITY WARNING: This message and any attachments are intended solely for the individual or entity to which
they are addressed. This communication may contain information that is privileged, confidential, or exempt from disclosure under
applicable law (e.g., personal health information, research data, financial information). If you are not the intended recipient, or the
employee or person responsible for delivering the message to the intended recipient, any dissemination, distribution or copying of the
communication is strictly prohibited. If you received the communication in error, please notify the sender immediately by replying
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not wish to receive further communications via e-mail, please reply to this message and inform the sender that you do not wish to
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Page 953
Racelle Escolar

From: Sofia Mastikhina
Sent: Tuesday, March 31, 2020 1:37 PM
To: Racelle Escolar; Danielle M Jordan
Subject: Fwd: Case Z-165-06 (PHO-1-19), April 2nd, 2020, 6:00 pm, Deny Re-Zoning Request




Get Outlook for iOS

From: Chris Luley
Sent: Tuesday, March 31, 2020 9:32:31 AM
To: Alan Stephenson ; Joshua Bednarek ; Samantha
Keating ; PDD Laveen VPC
Cc: Mayor Gallego ; Council District 7 PCC ; Council
District 8 PCC ; Council District 3 PCC ; Council District
4
Subject: Case Z‐165‐06 (PHO‐1‐19), April 2nd, 2020, 6:00 pm, Deny Re‐Zoning Request

Good Morning Laveen Village Planning Committee, Planning Management & Staff,

I am a resident on Carver Road in Laveen and our property is adjacent to Carver Mountain.
My wife and I have been made aware of the Re‐Zoning request that you have received and are considering. Please let it
be known that we are opposed to this rezoning request.

I am requesting you deny Case Z‐165‐06 (PHO‐1‐19) when it comes before you on April 2nd, The City of
Phoenix first needs to enforce their ordinance, G‐5020, which requires the zoning be placed back to S‐1
(one house per acre) as of 2011. To date no action has been taken which violates City Zoning Ordinance
and is a serious matter. The current owner is requesting to delete stipulation 19 of this ordinance which
has protected the neighbors and community from providing a blank check for a high density
development that does not fit the area. Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as
filed. Then immediately move to initiate, approve and finally codify the required zoning reversion action
to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.



[google.com]

Thank you for your time and attention to this very important matter,



Christopher & Amy Luley

4030 West Carver Road

Laveen, Arizona (85339)





Page 954
Racelle Escolar

Subject: FW: CASE Z-165-06


From: Janet Morris
Sent: Thursday, April 2, 2020 12:14 PM
To: Alan Stephenson ; Joshua Bednarek ; Mayor
Gallego ; Council District 7 PCC ; Council District 8 PCC
; Council District 4 ; Sofia Mastikhina
; Council District 3 PCC
Subject: RE: CASE Z‐165‐06

Planning Commission Members, Planning Management and Staff,

Case Z‐165‐06 (PHO‐1‐19) is scheduled for Planning Commission review April 2. I respectfully request that you deny Z‐
165‐06 (PHO‐1‐19) as filed.

The City of Phoenix is bound to enforce Ordinance G‐5020 in which SECTION 2 specifies: “The specific nature of the
subject property and of the rezoning request is more particularly described in case file Z‐165‐06‐7, on file with the
Planning Department. Due to the site’s specific physical conditions and the use district applied for by the applicant, this
zoning is subject to the following stipulations, violation of which shall be treated in the same manner as a violation of the

Stipulation 19 states “That approval shall be conditional upon development commencing within 48 months of the City
Council approval of this change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For purposes of
this stipulation, development shall commence with the issuance of building permits and erection of building walls on
site.”. City Council approval was on October 10, 2007 and with the 48‐month timing, the zoning was set to revert to S‐1
as of 2011. To date there has been no development on the property and no action taken by the City to revert the zoning
as required.

Before considering any revision to this case, now or in the future, the City of Phoenix first has an obligation and duty to
enforce these requirements to execute and finalize the long‐overdue zoning reversion to S‐1 for the entire property. In
addition, the City should also execute a companion General Plan Amendment from 3.5‐5 du/a to 0‐1
Residential/Parks/Open Space to match the reverted S‐1 zoning. Precedent has already been set with Resolution 20714‐
GPA‐LV‐1‐08‐7 which was initiated by the City in July 2008 and approved by the City Council on October 15, 2008.

The current applicant/owner is not only requesting a site plan revision on the 20 acre portion, they are requesting
multiple stipulation modifications and deletions, including deletion of Stipulation 19. Deleting this stipulation is a
violation of the City of Phoenix Zoning Ordinance, a very serious matter, and simply wrong. It was written by City
Planning professionals and included, reviewed and approved by the City Council. This stipulation protected the
neighbors and community from providing a blank check for a high density development that does not fit the area.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Janet Morris
3624 W. Bohl Street
Laveen, AZ 85339
602.561.9939

Page 955
Racelle Escolar

From: Steven Dougherty
Sent: Monday, April 20, 2020 5:41 PM
To: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; PDD Laveen VPC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha
Keating
Cc: Steven Dougherty
Subject: Quarry Case at 35th Ave. & Carver/Ceton - Z-165-06-7




To: Planning Commission Members
Cc: Mayor Gallego, Councilmembers, Planning Management and Staff

Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that
fits the area, with the applicant.
 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The
original follows site contours, provides smoother connection to the R1‐18 portion to the west, and
preserves views of the Estrella Mountains and South Mountain. The original plan should remain intact
as you act on the zoning reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher),
200 feet provides a much better buffer to screen the higher density and 2‐story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200
foot minimum landscaped setback should remain intact as you act on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also
provide safety drop zones to intercept any debris that could fall from the upper slopes. The original
terraced stipulation should remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.




Page 956
Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Steven Dougherty
11222 S 39th LN
Laveen AZ 85339




Sincerely,
Steven Dougherty
Steven@StevenDougherty.com
480‐430‐6130 Cell


CONFIDENTIALITY NOTICE ‐ This e‐mail transmission and any documents, files or previous e‐mail messages attached to
it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a
person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play
this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in
or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error,
please immediately notify the sender by telephone or return e‐mail and delete the original transmission and its
attachments without reading, forwarding, saving or re‐distributing in any manner.





Page 957
Racelle Escolar

From: D M
Sent: Tuesday, April 21, 2020 8:29 PM
To: Council District 1 PCC; Council District 5 PCC; Council District 6 PCC; Council District 8 PCC; Council
District 7 PCC; Council District 4; Council District 3 PCC; Council District 2 PCC; PDD Laveen VPC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha
Keating
Subject: Deny Case Z-165-06 Do the right thing!


To: Planning Commission Members

Cc: Mayor Gallego, Councilmembers, Planning Management and Staff



Planning Commission Members,

I request you DENY Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.



In regards to the Planning Hearing Officer (PHO) recommendations:



1. I am adamantly opposed to these 4 stipulation:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not
be deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that
fits the area, with the applicant.

 Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1‐18 portion to the
west, and preserves views of the Estrella Mountains and South Mountain. The original plan should
remain intact as you act on the zoning reversion.

 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher),
200 feet provides a much better buffer to screen the higher density and 2‐story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200
foot minimum landscaped setback should remain intact as you act on the zoning reversion.

 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These terraces


Page 958
also provide safety drop zones to intercept any debris that could fall from the upper slopes. The original
terraced stipulation should remain intact as you act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above



Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.



Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.



Darcy Meyer

3535 W Bohl St

Laveen, AZ 85339





Page 959
Racelle Escolar

From: Ol' West
Sent: Tuesday, April 21, 2020 8:35 PM
To: Council District 1 PCC; Council District 5 PCC; Council District 6 PCC; Council District 8 PCC; Council
District 7 PCC; Council District 4; Council District 3 PCC; Council District 2 PCC; PDD Laveen VPC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha
Keating
Subject: Deny Case Z-165-06 Do the right thing!


To: Planning Commission Members

Cc: Mayor Gallego, Councilmembers, Planning Management and Staff



Planning Commission Members,

I request you DENY Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.



In regards to the Planning Hearing Officer (PHO) recommendations:



1. I am adamantly opposed to these 4 stipulation:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not
be deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that
fits the area, with the applicant.

 Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1‐18 portion to the
west, and preserves views of the Estrella Mountains and South Mountain. The original plan should
remain intact as you act on the zoning reversion.

 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher),
200 feet provides a much better buffer to screen the higher density and 2‐story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200
foot minimum landscaped setback should remain intact as you act on the zoning reversion.

 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These terraces


Page 960
also provide safety drop zones to intercept any debris that could fall from the upper slopes. The original
terraced stipulation should remain intact as you act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above



Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.



Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.



David J. Meyer

3535 W Bohl St

Laveen, AZ 85339





Page 961
Racelle Escolar

From: Chris
Sent: Wednesday, April 22, 2020 9:07 AM
To: Council District 2 PCC; Council District 1 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; PDD Laveen VPC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha
Keating
Subject: Case Z-165-06 (PHO-1-19


To: Planning Commission Members
Cc: Mayor Gallego, Councilmembers, Planning Management and Staff

Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that
fits the area, with the applicant.
 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The
original follows site contours, provides smoother connection to the R1‐18 portion to the west, and
preserves views of the Estrella Mountains and South Mountain. The original plan should remain intact
as you act on the zoning reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher),
200 feet provides a much better buffer to screen the higher density and 2‐story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200
foot minimum landscaped setback should remain intact as you act on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also
provide safety drop zones to intercept any debris that could fall from the upper slopes. The original
terraced stipulation should remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Page 962
Christine A. Danielson
2943 W. Ceton Dr.
Laveen, AZ 85339





Page 963
Racelle Escolar

From: Cyd Manning
Sent: Sunday, April 26, 2020 1:23 PM
To: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; PDD Laveen VPC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha
Keating
Cc: catherine@mirandaforhouse.com
Subject: FW: Deny Case Z-165-06 (PHO-1-19) as filed

Importance: High


Forwarding the below to you as requested.

‐‐‐‐‐Original Message‐‐‐‐‐
From: Miranda For House [mailto:catherine@mirandaforhouse.com]
Sent: Sunday, April 26, 2020 11:33 AM
To: Cyd Manning
Cc: Dan Penton
Subject: Deny Case Z‐165‐06 (PHO‐1‐19) as filed

Cyd,

Can you please forward this letter to appropriate leaders? Thank you for all you are doing!


Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:

• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted.
Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is
complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.

• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.

• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large



Page 964
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.

• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Catherine Miranda
5412 W. Ellis Dr.
Laveen, Az 85339
480‐284‐2690





Page 965
Racelle Escolar

From: cynthiarojas@cox.net
Sent: Sunday, April 26, 2020 11:43 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed



Planning Commission Members,
I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any revisions to this
case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G-
5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and to date the City has taken no
action which is in violation of City Zoning Ordinance, a very serious matter.
In regards to the Planning Hearing Officer (PHO) recommendations:
1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted.
Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion
is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1-18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2-story product, as well as provide better buffering for the surrounding
the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as
you act on the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as
you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above
Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high density
development that did not fit the area then and does not fit the area today.
Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open
Space to match the S-1 zoning.

Cynthia Rojas
1819 W. Desert View Drive
Phoenix AZ 85041
602‐626‐7102





Page 966
Racelle Escolar

From: E douglas
Sent: Sunday, April 26, 2020 9:07 PM
To: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Racelle Escolar; Sofia Mastikhina; Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Case Z-165-06 (PHO-1-19)


To: Planning Commission Members

Cc: Mayor Gallego, Councilmembers, Planning Management and Staff



Planning Commission Members,



I would like to preface the below letter with some personal observations.




How many of you have driven to this area? Before making a decision take advantage of cheap gas and less traffic and
come on down and drive from 51st Avenue across Carver to 35th Avenue. See the area on the ground, instead of relying
on aerial photography.



When I moved to Laveen in 2000 all the nearby fields were zoned for one acre housing but were developed with four to
six houses per acre. The city (and county) does not address the needed improvements to infrastructure, police/sheriff
presence, fire department capability, surface streets, river crossings, schools, etc. Every month or two the newspaper
runs an alarming article about water in the desert and yet you continue to approve high density developments
throughout the city. I am dreading whatever ends up on the west side of 51st Avenue south of Olney.



With the above in mind:



I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.



In regards to the Planning Hearing Officer (PHO) recommendations:


Page 967
1. I am adamantly opposed to these 4 stipulation:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not
be deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that
fits the area, with the applicant.

 Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1‐18 portion to the
west, and preserves views of the Estrella Mountains and South Mountain. The original plan should
remain intact as you act on the zoning reversion.

 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher),
200 feet provides a much better buffer to screen the higher density and 2‐story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200
foot minimum landscaped setback should remain intact as you act on the zoning reversion.

 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These terraces
also provide safety drop zones to intercept any debris that could fall from the upper slopes. The original
terraced stipulation should remain intact as you act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above



Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.



Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.



Elizabeth Douglas

4726 West Olney Avenue

Laveen, AZ 85339





Page 968
Racelle Escolar

From: KIM Domovich
Sent: Sunday, April 26, 2020 11:31 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Samantha Keating; PDD Laveen VPC; Joshua Bednarek
Subject: PLEASE Deny Case Z-165-06 (PHO-1-19) as filed




Planning Commission Members,

We request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. We are adamantly opposed to these 4 stipulation:

• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead it
should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is complete,
my neighbors and we stand ready to develop a better plan that fits the area, with the applicant.

• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original follows
site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the Estrella
Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.

• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.

• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment and
can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept
any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you act on the
zoning reversion.

2. Stipulations 43 and 44: We request our names and address be added to these notification stipulations so we will be
formally notified of any future actions.

3. We are supportive of PHO’s recommendations for the remaining stipulations not noted above





Page 969
Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Respectfully,

Kim and Mike Domovich

5218 West Sunland Ave

Laveen AZ 85339

[nextdoor.com]





Page 970
Racelle Escolar

From: Sarah VanSchyndel
Sent: Sunday, April 26, 2020 10:48 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 2 PCC; Council District 1 PCC; Samantha Keating; Joshua Bednarek; Mayor Gallego;
Council District 8 PCC; Council District 7 PCC; Council District 6 PCC; Council District 5 PCC; Council
District 4; Council District 3 PCC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:

• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.

• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.

• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.

• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.




Page 971
Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Sarah Johns
3913 W Carver Rd, Laveen Village, AZ 85339





Page 972
Racelle Escolar

From: eddd2@aol.com
Sent: Sunday, April 26, 2020 1:19 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed




Planning Commission Members,
I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any revisions to this
case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G-
5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and to date the City has taken no
action which is in violation of City Zoning Ordinance, a very serious matter.
In regards to the Planning Hearing Officer (PHO) recommendations:
1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted.
Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion
is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1-18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2-story product, as well as provide better buffering for the surrounding
the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as
you act on the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as
you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above
Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high density
development that did not fit the area then and does not fit the area today.
Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open
Space to match the S-1 zoning.
Tina Banks
4334 W Apollo Rd
Laveen AZ 85339





Page 973
Racelle Escolar

From: Vance
Sent: Sunday, April 26, 2020 11:53 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed




Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:

• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.

• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.

• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.

• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.



Page 974
Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Vance Pierce
8216 S 42nd Ave
Laveen, AZ 85339





Page 975
Racelle Escolar

From: brian hicks
Sent: Monday, April 27, 2020 10:53 AM
To: Council District 2 PCC; Council District 1 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; PDD Laveen VPC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha
Keating
Cc: sweetbeat@q.com
Subject: Quarry Case at 35th Ave. & Carver/Ceton - Z-165-06-7


Planning Commission Members,



I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.




In regards to the Planning Hearing Officer (PHO) recommendations:



1. I am adamantly opposed to these 4 stipulation:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not
be deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that
fits the area, with the applicant.

 Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1‐18 portion to the
west, and preserves views of the Estrella Mountains and South Mountain. The original plan should
remain intact as you act on the zoning reversion.

 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher),
200 feet provides a much better buffer to screen the higher density and 2‐story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200
foot minimum landscaped setback should remain intact as you act on the zoning reversion.

 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These terraces
also provide safety drop zones to intercept any debris that could fall from the upper slopes. The original
terraced stipulation should remain intact as you act on the zoning reversion.



Page 976
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above



Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.



Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.




Brian Hicks

4715 W Carver Rd

Laveen, AZ 85339





Page 977
Racelle Escolar

From: Brian & Karie
Sent: Monday, April 27, 2020 10:51 AM
To: Council District 2 PCC; Council District 1 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; PDD Laveen VPC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha
Keating
Cc: Cyd Manning
Subject: Quarry Case at 35th Ave. & Carver/Ceton - Z-165-06-7


Planning Commission Members,



I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.




In regards to the Planning Hearing Officer (PHO) recommendations:



1. I am adamantly opposed to these 4 stipulation:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not
be deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that
fits the area, with the applicant.

 Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1‐18 portion to the
west, and preserves views of the Estrella Mountains and South Mountain. The original plan should
remain intact as you act on the zoning reversion.

 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher),
200 feet provides a much better buffer to screen the higher density and 2‐story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200
foot minimum landscaped setback should remain intact as you act on the zoning reversion.

 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These terraces
also provide safety drop zones to intercept any debris that could fall from the upper slopes. The original
terraced stipulation should remain intact as you act on the zoning reversion.



Page 978
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above



Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.



Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.




Karie Hicks

4715 W Carver Rd

Laveen, AZ 85339





Page 979
Racelle Escolar

From: Lara Andren
Sent: Monday, April 27, 2020 9:39 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; PDD Laveen VPC; Samantha
Keating; Council District 4; Council District 5 PCC; council.district.6@phoenix.org; Council District 7
PCC; Mayor Gallego; Joshua Bednarek; Council District 8 PCC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

CASSIE SAWYER


Page 980
3621 W BOHL STREET
LAVEEN, AZ. 85339

ADDRESS — with Brent Bialik and 15 others at Laveen, Arizona.





Page 981
Racelle Escolar

Subject: FW: Deny Case Z-165-06 (PHO-1-19) as filed


From: Lara Andren
Sent: Monday, April 27, 2020 9:43 AM
To: Racelle Escolar ; Alan Stephenson
Cc: Council District 1 PCC ; Council District 2 PCC ; Council District
3 PCC ; Council District 4 ; Council District 5 PCC
; council.district.6@phoenix.org; Council District 7 PCC ; Council
District 8 PCC ; Joshua Bednarek ; PDD Laveen VPC
; Mayor Gallego ; Samantha Keating
Subject: Fwd: Deny Case Z‐165‐06 (PHO‐1‐19) as filed

Subject: Deny Case Z‐165‐06 (PHO‐1‐19) as filed

Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case requested by
the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which requires the zoning revert
to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a
very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead it
should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is complete, my neighbors
and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original follows site
contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the Estrella Mountains and South
Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the elevation
difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better buffer to screen the
higher density and 2‐story product, as well as provide better buffering for the surrounding the large acre plus parcels with custom
homes. The 200 foot minimum landscaped setback should remain intact as you act on the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment and can be
further stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept any debris that
could fall from the upper slopes. The original terraced stipulation should remain intact as you act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally notified of
any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council included this
stipulation specifically to protect the neighbors and community from a high density development that did not fit the area then and
does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

Lara Andren
3621 W BOHL STREET
LAVEEN, AZ. 85339

Page 982
Racelle Escolar

From: lvializ@cox.net
Sent: Monday, April 27, 2020 11:32 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) As Filed

Importance: High



Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7th,
2020. Any revisions to this case requested by the applicant should not be considered until
after the City of Phoenix enforces ordinance, G‐5020, which requires the zoning revert to S‐
1. The current zoning expired in 2011 and to date, the City has taken no action, despite
NUMEROUS requests, which is in violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulations:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion
stipulation should NOT be deleted. Instead it should remain as is with immediate
Planning Commission action to revert the zoning. Once the reversion is
complete, my neighbors and I stand ready to develop a better plan that fits the
area, with the applicant.
 Stipulation 1: The original plan is of superior quality compared to the current
applicant’s proposal. The original follows site contours, provides smoother
connection to the R1‐18 portion to the west, and preserves views of the Estrella
Mountains and South Mountain. The original plan should remain intact as you act
on the zoning reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east
property line should remain. Due to the elevation difference of 35th Avenue
(lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better
buffering for the surrounding the large acre plus parcels with custom homes. The
200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent
height of the exposed escarpment and can be further stabilized and treated with

Page 983
compatible colors. These terraces also provide safety drop zones to intercept any
debris that could fall from the upper slopes. The original terraced stipulation
should remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification
stipulations so I will be formally notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted
above.

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In
2007, the Mayor and Council included this stipulation SPECIFICALLY to protect the neighbors
and community from a high density development that DID NOT fit the area then and DOES
NOT fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to
initiate, approve and finally codify the required zoning reversion action to S‐1 and amend the
General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

Thank you,
Ivan Vializ
8921 S 53rd Dr.
Laveen, AZ 85339





Page 984
Racelle Escolar

From: Rob
Sent: Monday, April 27, 2020 6:01 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Robert Olson
2809 and 2821 W. Avion Way
Laveen, AZ 85339
Page 985
Racelle Escolar

From: chris johns
Sent: Tuesday, April 28, 2020 4:47 PM
To: Alan Stephenson; Racelle Escolar
Cc: Council District 2 PCC; Council District 1 PCC; Joshua Bednarek; Samantha Keating; Mayor Gallego;
Council District 8 PCC; Council District 7 PCC; Council District 6 PCC; Council District 5 PCC; Council
District 4; Council District 3 PCC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed



Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:

• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.

• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.

• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.

• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.




Page 986
Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Chris Johns
3913 W Carver Rd, Laveen Village, AZ 85339





Page 987
Racelle Escolar

From: Mike
Sent: Tuesday, April 28, 2020 9:58 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members,
I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any revisions to this
case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G-
5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and to date the City has taken no
action which is in violation of City Zoning Ordinance, a very serious matter.
In regards to the Planning Hearing Officer (PHO) recommendations:
1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted.
Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion
is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1-18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2-story product, as well as provide better buffering for the surrounding
the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as
you act on the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as
you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above
Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high density
development that did not fit the area then and does not fit the area today.
Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open
Space to match the S-1 zoning.
Michael Luzader
9446 S 34th Ln, Laveen





Page 988
Racelle Escolar

From: Sylvia Cox
Sent: Tuesday, April 28, 2020 9:56 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Hello City of Phoenix Planning Commission,
As a 21‐year resident of Laveen, I am highly opposed to any more high‐density development in our area. Sadly, much of
Laveen now looks like most of Phoenix. The rural feel and space that make our village so special are rapidly being
destroyed. We have precious few opportunities left to preserve larger lots and open spaces. I beg of you, please work
to preserve some of our rural feel by not approving more high‐density development! Please adhere to the General Plan;
once these spaces are developed, they will be gone forever. I am sure developers will still be able to make money, as
the less‐densely developed areas will be highly coveted by buyers who want some space between themselves and their
neighbors.

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this
case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐
5020, which requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no
action which is in violation of City Zoning Ordinance, a very serious matter.
In regards to the Planning Hearing Officer (PHO) recommendations:
1. I am adamantly opposed to these 4 stipulations:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted.
Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion
is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2‐story product, as well as provide better buffering for the
surrounding large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain
intact as you act on the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as
you act on the zoning reversion.


2. I am supportive of PHO’s recommendations for the remaining stipulations not noted above
Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high density
development that did not fit the area then and does not fit the area today.
Please do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate,
approve and finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1
Residential/Parks/Open Space to match the S‐1 zoning.


Page 989
Respectfully,
Sylvia Cox
4601 W. Crivello Ave.
Laveen, AZ 85339





Page 990
Racelle Escolar

From: alexis cherie
Sent: Wednesday, April 29, 2020 2:29 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Alexis Barnes
4323 W Piedmont Rd, Laveen Village, AZ 85339



Page 991
Racelle Escolar

Subject: FW: Deny Case Z-165-06 (PHO-1-19) as filed


From: Andrea Sigala
Sent: Wednesday, April 29, 2020 5:34 PM
To: Racelle Escolar ; Alan Stephenson
Cc: Council District 1 PCC ; Council District 2 PCC ; Council District
3 PCC ; Council District 6 PCC ; Council District 4
; Council District 7 PCC ; Council District 8 PCC
; Council District 5 PCC ; Mayor Gallego
; Joshua Bednarek ; Samantha Keating
; PDD Laveen VPC
Subject: Deny Case Z‐165‐06 (PHO‐1‐19) as filed

Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case requested by
the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which requires the zoning revert
to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a
very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead it
should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is complete, my neighbors
and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original follows site
contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the Estrella Mountains and South
Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the elevation
difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better buffer to screen the
higher density and 2‐story product, as well as provide better buffering for the surrounding large acre plus parcels with custom
homes. The 200 foot minimum landscaped setback should remain intact as you act on the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment and can be
further stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept any debris that
could fall from the upper slopes. The original terraced stipulation should remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally notified of
any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council included this
stipulation specifically to protect the neighbors and community from a high density development that did not fit the area then and
does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

Andrea N. Sigala
4315 West Carver Road, Laveen AZ 85339

Sent from Yahoo Mail on Android [go.onelink.me]


Page 992
Racelle Escolar

From: B F
Sent: Wednesday, April 29, 2020 1:55 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed

Importance: High



Dear Planning Commission Members:

I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any revisions to
this case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance,
G-5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and to date the City has
taken no action which is in violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulations:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning.
Once the reversion is complete, my neighbors and I stand ready to develop a better plan that fits the
area, with the applicant.

 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The
original follows site contours, provides smoother connection to the R1-18 portion to the west, and
preserves views of the Estrella Mountains and South Mountain. The original plan should remain intact
as you act on the zoning reversion.

 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain.
Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200
feet provides a much better buffer to screen the higher density and 2-story product, as well as provide
better buffering for the surrounding the large acre plus parcels with custom homes. The 200 foot
minimum landscaped setback should remain intact as you act on the zoning reversion.

 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also provide
safety drop zones to intercept any debris that could fall from the upper slopes. The original terraced
stipulation should remain intact as you act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will
be formally notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above


Page 993
Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high density
development that did not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate,
approve and finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1
Residential/Parks/Open Space to match the S-1 zoning.

Respectfully yours,

Benjamin W. Fisher
4745 W. Piedmont Drive
Laveen, AZ 85339-9644
602.617.6143 – Cell
benjamin_fisher@hotmail.com





Page 994
Racelle Escolar

Subject: FW: Deny Case Z-165-06 (PHO-1-19) as filed


From: Janet Morris
Sent: Wednesday, April 29, 2020 12:03 PM
To: Alan Stephenson ; Council District 1 PCC ; Council
District 2 PCC ; Council District 3 PCC ; Council District
4 ; Council District 5 PCC ; Council District 6 PCC
; Council District 7 PCC ; Council District 8 PCC
; Mayor Gallego ; Joshua Bednarek
; Samantha Keating ; PDD Laveen VPC

Subject: RE: Deny Case Z‐165‐06 (PHO‐1‐19) as filed

Planning Commission Members, I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you
on May 7. Any revisions to this case requested by the applicant should not be considered until after the City of
Phoenix enforces ordinance, G-5020, which requires the zoning revert to S-1. The current zoning expired in 2011
and to date the City has taken no action which is in violation of City Zoning Ordinance, a very serious matter. In
regards to the Planning Hearing Officer (PHO) recommendations: 1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted.
Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion
is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant. •
Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1-18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion. •
Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2-story product, as well as provide better buffering for the surrounding
the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as
you act on the zoning reversion. • Stipulation 35: The terraced berms should remain. They reduce the apparent
height of the exposed escarpment and can be further stabilized and treated with compatible colors. These terraces
also provide safety drop zones to intercept any debris that could fall from the upper slopes. The original terraced
stipulation should remain intact as you act on the zoning reversion. 2. Stipulations 43 and 44: I request my name
and address be added to these notification stipulations so I will be formally notified of any future actions. 3. I am
supportive of PHO’s recommendations for the remaining stipulations not noted above Again, the zoning reversion
stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and Council included this stipulation
specifically to protect the neighbors and community from a high density development that did not fit the area then
and does not fit the area today. Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then
immediately move to initiate, approve and finally codify the required zoning reversion action to S-1 and amend the
General Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning. JANET D MORRIS
3624 W BOHL STREET
LAVEEN, AZ 85339





Page 995
Racelle Escolar

From: Jessie McKinley
Sent: Wednesday, April 29, 2020 6:45 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed...



Dear Planning Commission Members:



I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any revisions to
this case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance,
G-5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and to date, the City has
taken no action which is in violation of City Zoning Ordinance, a very serious matter.



In regards to the Planning Hearing Officer (PHO) recommendations:



1. I am adamantly opposed to these 4 stipulations:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not
be deleted. Instead, it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that fits
the area, with the applicant.

 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal.
The original follows site contours, provides a smoother connection to the R1-18 portion to the west, and
preserves views of the Estrella Mountains and South Mountain. The original plan should remain intact
as you act on the zoning reversion.

 Stipulation 10: The 200-foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west
(higher), 200 feet provides a much better buffer to screen the higher density and 2-story product, as well
as provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200-
foot minimum landscaped setback should remain intact as you act on the zoning reversion.

 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also provide
safety drop zones to intercept any debris that could fall from the upper slopes. The original terraced
stipulation should remain intact as you act on the zoning reversion.



Page 996
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I
will be formally notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above.



Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high-density
development that did not fit the area then and does not fit the area today.



Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate,
approve, and finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1
Residential/Parks/Open Space to match the S-1 zoning.



Respectfully yours,


Jessie L. McKinley
4745 W. Piedmont Drive
Laveen, AZ 85339
480-648-5269
jessiemckinley602@gmail.com

‐‐

"Dance, like no one is watching..."





Page 997
Racelle Escolar

Subject: FW: Deny Case Z-165-06 (PHO-1-19) as filed


From: Steven Dougherty
Sent: Wednesday, April 29, 2020 4:42 PM
To: Racelle Escolar ; Alan Stephenson
Cc: Steven Dougherty ; Council District 1 PCC ; Council District 2
PCC ; Council District 3 PCC ; Council District 4
; Council District 5 PCC ; Council District 6 PCC
; Council District 7 PCC ; Council District 8 PCC
; Mayor Gallego ; Joshua Bednarek
; Samantha Keating ; PDD Laveen VPC

Subject: Deny Case Z‐165‐06 (PHO‐1‐19) as filed

Planning Commission Members, I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May
7. Any revisions to this case requested by the applicant should not be considered until after the City of Phoenix enforces
ordinance, G-5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and to date the City has
taken no action which is in violation of City Zoning Ordinance, a very serious matter. In regards to the Planning Hearing
Officer (PHO) recommendations: 1. I am adamantly opposed to these 4 stipulation: • Deletion of original Stipulation 19
(zoning reversion): This zoning reversion stipulation should not be deleted. Instead it should remain as is with immediate
Planning Commission action to revert the zoning. Once the reversion is complete, my neighbors and I stand ready to
develop a better plan that fits the area, with the applicant. • Stipulation 1: The original plan is of superior quality compared
to the current applicant’s proposal. The original follows site contours, provides smoother connection to the R1-18 portion
to the west, and preserves views of the Estrella Mountains and South Mountain. The original plan should remain intact as
you act on the zoning reversion. • Stipulation 10: The 200 foot minimum landscaped setback along the east property line
should remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet
provides a much better buffer to screen the higher density and 2-story product, as well as provide better buffering for the
surrounding the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain
intact as you act on the zoning reversion. • Stipulation 35: The terraced berms should remain. They reduce the apparent
height of the exposed escarpment and can be further stabilized and treated with compatible colors. These terraces also
provide safety drop zones to intercept any debris that could fall from the upper slopes. The original terraced stipulation
should remain intact as you act on the zoning reversion. 2. Stipulations 43 and 44: I request my name and address be
added to these notification stipulations so I will be formally notified of any future actions. 3. I am supportive of PHO’s
recommendations for the remaining stipulations not noted above Again, the zoning reversion stipulation 19 of Ordinance
G-5020 should not be deleted. In 2007, the Mayor and Council included this stipulation specifically to protect the
neighbors and community from a high density development that did not fit the area then and does not fit the area today.
Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open
Space to match the S-1 zoning.

Steven Dougherty
11222 S 39th LN
Laveen AZ 85339

Sincerely,
Steven Dougherty
Steven@StevenDougherty.com
480‐430‐6130 Cell
CONFIDENTIALITY NOTICE ‐ This e‐mail transmission and any documents, files or previous e‐mail messages attached to it may contain information that is confidential
or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you
must not read or play this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this
transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e‐mail and delete
the original transmission and its attachments without reading, forwarding, saving or re‐distributing in any manner.





Page 998
Racelle Escolar

From: Susan Quintana
Sent: Wednesday, April 29, 2020 9:00 AM
To: Alan Stephenson; Council District 6 PCC; Racelle Escolar
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 7 PCC; Council District 8 PCC; Joshua Bednarek; PDD Laveen VPC;
Mayor Gallego; Samantha Keating
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Susan Quintana
5217 W Grenadine Rd
Laveen, AZ 85339.
‐‐
Susan Quintana 1

Page 999
Racelle Escolar

From: R B
Sent: Thursday, April 30, 2020 1:37 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: ESCALATE - Deny Case Z-165-06 (PHO-1-19) as filed


Good afternoon, below is a copy‐paste of the same topic for which your office must have already received lots of
inquiries from us Laveen residents.
Frankly, we as your constituents and fellow residents shouldn’t have to be doing this over and over again ‐ we
already asked you to STOP these developers from building in our community.

Yet you continue to allow these developers to move ahead. You are not acting in the best interest of the people you are
supposed to help and protect ‐ us residents.

You continue to act in the interest of well‐funded developers and that’s not right.

Why do we need to keep begging you to do the right thing and make them stop?
Why do we need to keep having meetings and do letter writing campaigns about this?
We already said NO.
Then we said NO again.

We do not want this developer or any other developer to build in our area at this density level. We made this clear.
Then we made it clear again.

Now we are ‐ once again ‐ making it clear.

So please, add this email to your growing list of pleas to stop this development. We. Do. Not. Want. It.

Thank you

‐Cenk Brown
7259 S. 48TH GLN
Laveen, Arizona 85339

——————————————————————————————————————————————————

Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:


Page 1000
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Cenk Brown
7259 S. 48TH GLN
Laveen, AZ 85339





Page 1001
Racelle Escolar

From: Donna Snow
Sent: Thursday, April 30, 2020 10:19 AM
To: Racelle Escolar
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed



Planning Commission Members,

I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on
May 7. Any revisions to this case requested by the applicant should not be considered
until after the City of Phoenix enforces ordinance, G-5020, which requires the zoning
revert to S-1. The current zoning expired in 2011 and to date the City has taken no
action which is in violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:

• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion
stipulation should not be deleted. Instead it should remain as is with
immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better
plan that fits the area, with the applicant.

• Stipulation 1: The original plan is of superior quality compared to the current
applicant’s proposal. The original follows site contours, provides smoother
connection to the R1-18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact
as you act on the zoning reversion.

• Stipulation 10: The 200 foot minimum landscaped setback along the east
property line should remain. Due to the elevation difference of 35th Avenue
(lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2-story product, as well as
provide better buffering for the surrounding the large acre plus parcels with
custom homes. The 200 foot minimum landscaped setback should remain
intact as you act on the zoning reversion.

• Stipulation 35: The terraced berms should remain. They reduce the apparent
height of the exposed escarpment and can be further stabilized and treated

Page 1002
with compatible colors. These terraces also provide safety drop zones to
intercept any debris that could fall from the upper slopes. The original terraced
stipulation should remain intact as you act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these
notification stipulations so I will be formally notified of any future actions.

2. I am supportive of PHO’s recommendations for the remaining stipulations not
noted above,

Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be
deleted. In 2007, the Mayor and Council included this stipulation specifically to
protect the neighbors and community from a high density
development that did not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then
immediately move to initiate, approve and finally codify the required zoning
reversion action to S-1 and amend the General Plan to 0-1
Residential/Parks/Open Space to match the S-1 zoning.

Sincerely,

Donna Snow
6806 W. Desert Lane
Laveen, AZ 85339





Page 1003
Racelle Escolar

From: Jody Monreal
Sent: Thursday, April 30, 2020 10:40 AM
To: Racelle Escolar; Alan Stephenson; Council District 1 PCC; Council District 2 PCC; Council District 3
PCC; Council District 4; Council District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council
District 8 PCC; Mayor Gallego; Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed




Planning Commission Members,

I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any revisions to this
case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G-
5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and to date the City has taken no
action which is in violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The
original follows site contours, provides smoother connection to the R1-18 portion to the west, and preserves views of
the Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning
reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due
to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2-story product, as well as provide better buffering for the surrounding
the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as
you act on the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also provide safety
drop zones to intercept any debris that could fall from the upper slopes. The original terraced stipulation should
remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high density
development that did not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open
Space to match the S-1 zoning.

Jody R Monreal 5327 W Allen Street Laveen, AZ 85339





Page 1004
Deny Case Z‐165‐06 (PHO‐1‐19) as filed

Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any
revisions to this case requested by the applicant should not be considered until after the City of
Phoenix enforces ordinance, G‐5020, which requires the zoning revert to S‐1. The current
zoning expired in 2011 and to date the City has taken no action which is in violation of City
Zoning Ordinance, a very serious matter.
In regards to the Planning Hearing Officer (PHO) recommendations:
1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation
should not be deleted. Instead it should remain as is with immediate Planning Commission
action to revert the zoning. Once the reversion is complete, my neighbors and I stand ready to
develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1‐18
portion to the west, and preserves views of the Estrella Mountains and South Mountain. The
original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west
(higher), 200 feet provides a much better buffer to screen the higher density and 2‐story
product, as well as provide better buffering for the surrounding the large acre plus parcels with
custom homes. The 200 foot minimum landscaped setback should remain intact as you act on
the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These
terraces also provide safety drop zones to intercept any debris that could fall from the upper
slopes. The original terraced stipulation should remain intact as you act on the zoning
reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification
stipulations so I will be formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above
Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007,
the Mayor and Council included this stipulation specifically to protect the neighbors and
community from a high density development that did not fit the area then and does not fit the
area today.
Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to
initiate, approve and finally codify the required zoning reversion action to S‐1 and amend the
General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

LAURA A MURPHY
4824 W ESTRELLA DR
LAVEEN, AZ 85339




Page 1005
Deny Case Z‐165‐06 (PHO‐1‐19) as filed

Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any
revisions to this case requested by the applicant should not be considered until after the City of
Phoenix enforces ordinance, G‐5020, which requires the zoning revert to S‐1. The current
zoning expired in 2011 and to date the City has taken no action which is in violation of City
Zoning Ordinance, a very serious matter.
In regards to the Planning Hearing Officer (PHO) recommendations:
1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation
should not be deleted. Instead it should remain as is with immediate Planning Commission
action to revert the zoning. Once the reversion is complete, my neighbors and I stand ready to
develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1‐18
portion to the west, and preserves views of the Estrella Mountains and South Mountain. The
original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west
(higher), 200 feet provides a much better buffer to screen the higher density and 2‐story
product, as well as provide better buffering for the surrounding the large acre plus parcels with
custom homes. The 200 foot minimum landscaped setback should remain intact as you act on
the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These
terraces also provide safety drop zones to intercept any debris that could fall from the upper
slopes. The original terraced stipulation should remain intact as you act on the zoning
reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification
stipulations so I will be formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above
Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007,
the Mayor and Council included this stipulation specifically to protect the neighbors and
community from a high density development that did not fit the area then and does not fit the
area today.
Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to
initiate, approve and finally codify the required zoning reversion action to S‐1 and amend the
General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

LISA K PIKE
4824 W ESTRELLA DR
LAVEEN, AZ 85339




Page 1006
Racelle Escolar

From: M A
Sent: Thursday, April 30, 2020 12:27 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 2 PCC; Council District 3 PCC; Council District 4; Council District 5 PCC; Council
District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego; Joshua Bednarek;
Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members, I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you
on May 7. Any revisions to this case requested by the applicant should not be considered until after the City of
Phoenix enforces ordinance, G-5020, which requires the zoning revert to S-1. The current zoning expired in 2011
and to date the City has taken no action which is in violation of City Zoning Ordinance, a very serious matter. In
regards to the Planning Hearing Officer (PHO) recommendations: 1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted.
Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion
is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant. •
Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1-18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion. •
Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2-story product, as well as provide better buffering for the surrounding
the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as
you act on the zoning reversion. • Stipulation 35: The terraced berms should remain. They reduce the apparent
height of the exposed escarpment and can be further stabilized and treated with compatible colors. These terraces
also provide safety drop zones to intercept any debris that could fall from the upper slopes. The original terraced
stipulation should remain intact as you act on the zoning reversion. 2. Stipulations 43 and 44: I request my name
and address be added to these notification stipulations so I will be formally notified of any future actions. 3. I am
supportive of PHO’s recommendations for the remaining stipulations not noted above Again, the zoning reversion
stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and Council included this stipulation
specifically to protect the neighbors and community from a high density development that did not fit the area then
and does not fit the area today. Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then
immediately move to initiate, approve and finally codify the required zoning reversion action to S-1 and amend the
General Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning. Mindy Avina 3522 W Bohl St, Laveen
Village, AZ 85339





Page 1007
Racelle Escolar

Subject: FW: Deny Case Z-165-06 (PHO-1-19) as filed.


From: Moises Quintana
Sent: Thursday, April 30, 2020 11:46 AM
To: Racelle Escolar ; Alan Stephenson
Cc: Council District 1 PCC ; Council District 2 PCC ; Council District
3 PCC ; Council District 4 ; Council District 5 PCC
; Council District 6 PCC ; Council District 7 PCC
; Council District 8 PCC ; Mayor Gallego
; Joshua Bednarek ; Samantha Keating
; PDD Laveen VPC
Subject: Deny Case Z‐165‐06 (PHO‐1‐19) as filed.

Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case requested by
the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which requires the zoning revert
to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a
very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead it
should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is complete, my neighbors
and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original follows site
contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the Estrella Mountains and South
Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the elevation
difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better buffer to screen the
higher density and 2‐story product, as well as provide better buffering for the surrounding the large acre plus parcels with custom
homes. The 200 foot minimum landscaped setback should remain intact as you act on the zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment and can be
further stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept any debris that
could fall from the upper slopes. The original terraced stipulation should remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally notified of
any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council included this
stipulation specifically to protect the neighbors and community from a high density development that did not fit the area then and
does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

Moises Quintana
5217 W Grenadine Rd
Laveen, AZ 85339

Get Outlook for iOS [aka.ms]


Page 1008
Racelle Escolar

Subject: FW: Please deny Case Z-165-06 (PHO-1-19)


From: Randy Holmes
Sent: Thursday, April 30, 2020 1:30 PM
To: Council District 1 PCC ; Council District 2 PCC ; Council District
3 PCC ; Council District 4 ; Council District 5 PCC
; Council District 6 PCC ; Council District 7 PCC
; Council District 8 PCC ; PDD Laveen VPC
; Mayor Gallego ; Racelle Escolar ; Sofia
Mastikhina ; Alan Stephenson ; Joshua Bednarek
; Samantha Keating
Subject: Please deny Case Z‐165‐06 (PHO‐1‐19)

Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case requested by
the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which requires the zoning revert
to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a
very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the
applicant.
 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The
original follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views
of the Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning
reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due
to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a
much better buffer to screen the higher density and 2‐story product, as well as provide better buffering for the
surrounding the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should
remain intact as you act on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also provide safety
drop zones to intercept any debris that could fall from the upper slopes. The original terraced stipulation should
remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council included this
stipulation specifically to protect the neighbors and community from a high density development that did not fit the area then and
does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

Randy L Holmes
10909 S. 29th Ave
Laveen, AZ 85339

Page 1009
Racelle Escolar

From: ROB HARGREAVES
Sent: Thursday, April 30, 2020 3:02 PM
To: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; PDD Laveen VPC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha
Keating
Subject: Case Z-165-06 (PHO-1-19)



To: Planning Commission Members
Cc: Mayor Gallego, Councilmembers, Planning Management and Staff

Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to
this case requested by the applicant should not be considered until after the City of Phoenix enforces
ordinance, G‐5020, which requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the
City has taken no action which is in violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:


1. I am adamantly opposed to these 4 stipulation:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion
stipulation should not be deleted. Instead it should remain as is with immediate Planning
Commission action to revert the zoning. Once the reversion is complete, my neighbors and I
stand ready to develop a better plan that fits the area, with the applicant.
 Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1‐18
portion to the west, and preserves views of the Estrella Mountains and South Mountain. The
original plan should remain intact as you act on the zoning reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line
should remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to
the west (higher), 200 feet provides a much better buffer to screen the higher density and 2‐
story product, as well as provide better buffering for the surrounding the large acre plus parcels
with custom homes. The 200 foot minimum landscaped setback should remain intact as you act
on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These
terraces also provide safety drop zones to intercept any debris that could fall from the upper
slopes. The original terraced stipulation should remain intact as you act on the zoning
reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations
so I will be formally notified of any future actions.


Page 1010
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above


Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high density
development that did not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate,
approve and finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1
Residential/Parks/Open Space to match the S‐1 zoning.

Robert Hargreaves
3102 W Ceton Dr.
Laveen, AZ 85339





Page 1011
Racelle Escolar

Subject: FW: Case Z-165-06 (PHO-1-19)


From: Kristofic, Stephanie L.
Sent: Thursday, April 30, 2020 1:11 PM
To: Racelle Escolar
Subject: Case Z‐165‐06 (PHO‐1‐19)

Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case requested by
the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which requires the zoning revert
to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a
very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the
applicant.
 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to
the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2‐story product, as well as provide better buffering for the
surrounding the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should
remain intact as you act on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also provide safety
drop zones to intercept any debris that could fall from the upper slopes. The original terraced stipulation should
remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council included this
stipulation specifically to protect the neighbors and community from a high density development that did not fit the area then and
does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

Warm regards,

Stephanie Kristofic 10826 s 30th Ave Laveen
Stephanie Kristofic BSN, RN, CDCES
Certified Diabetes Care and Education Specialist
Department of Endocrinology
Phoenix VA Health Care System
Phone: 602‐277‐5551 Ext 7081
Fax: 602‐200‐6034 Email: stephanie.kristofic@va.gov


Page 1012
Racelle Escolar

From: Swati Joshi
Sent: Thursday, April 30, 2020 10:57 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members, I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you
on May 7. Any revisions to this case requested by the applicant should not be considered until after the City of
Phoenix enforces ordinance, G-5020, which requires the zoning revert to S-1. The current zoning expired in 2011
and to date the City has taken no action which is in violation of City Zoning Ordinance, a very serious matter. In
regards to the Planning Hearing Officer (PHO) recommendations: 1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted.
Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion
is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant. •
Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1-18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion. •
Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2-story product, as well as provide better buffering for the surrounding
the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as
you act on the zoning reversion. • Stipulation 35: The terraced berms should remain. They reduce the apparent
height of the exposed escarpment and can be further stabilized and treated with compatible colors. These terraces
also provide safety drop zones to intercept any debris that could fall from the upper slopes. The original terraced
stipulation should remain intact as you act on the zoning reversion. 2. Stipulations 43 and 44: I request my name
and address be added to these notification stipulations so I will be formally notified of any future actions. 3. I am
supportive of PHO’s recommendations for the remaining stipulations not noted above Again, the zoning reversion
stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and Council included this stipulation
specifically to protect the neighbors and community from a high density development that did not fit the area then
and does not fit the area today. Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then
immediately move to initiate, approve and finally codify the required zoning reversion action to S-1 and amend the
General Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning. Swati Joshi
8539 S. 40th Drive
Laveen, AZ 85339





Page 1013
Racelle Escolar

Subject: FW: Quarry Case at 35th Ave. & Carver/Ceton - Z-165-06-7


From: Anne McKinney
Sent: Friday, May 1, 2020 1:33 PM
To: Council District 1 PCC ; Council District 2 PCC ; Council District
3 PCC ; Council District 4 ; Council District 5 PCC
; Council District 6 PCC ; Council District 7 PCC
; Council District 8 PCC ; PDD Laveen VPC
; Mayor Gallego ; Racelle Escolar ; Sofia
Mastikhina ; Joshua Bednarek ; Alan Stephenson
; Samantha Keating
Subject: Quarry Case at 35th Ave. & Carver/Ceton ‐ Z‐165‐06‐7
Planning Commission Members,

I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any revisions to this case requested by the
applicant should not be considered until after the City of Phoenix enforces ordinance, G-5020, which requires the zoning revert to S-1.
The current zoning expired in 2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a very
serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The
original follows site contours, provides smoother connection to the R1-18 portion to the west, and preserves views of
the Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning
reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to
the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2-story product, as well as provide better buffering for the surrounding
the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as
you act on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also provide safety drop
zones to intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain
intact as you act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above.

Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did not fit the
area then and does not fit the area today.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning.

Anne McKinney
10827 S 30th Ave
Laveen AZ 85339





Page 1014
Racelle Escolar

Subject: FW: deny Case Z-165-06 (PHO-1-19)


From: Bernadette Buehlmann
Sent: Friday, May 1, 2020 5:03 PM
To: Racelle Escolar
Subject: deny Case Z‐165‐06 (PHO‐1‐19)

To: Planning Commission Members
Cc: Mayor Gallego, Councilmembers, Planning Management and Staff

Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case requested by
the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which requires the zoning revert
to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a
very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the
applicant.
 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to
the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2‐story product, as well as provide better buffering for the
surrounding the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should
remain intact as you act on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also provide safety
drop zones to intercept any debris that could fall from the upper slopes. The original terraced stipulation should
remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council included this
stipulation specifically to protect the neighbors and community from a high density development that did not fit the area then and
does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

Thank you,

Bernadette Buehlmann, Laveen





Page 1015
Racelle Escolar

From: RK <7359.apps@gmail.com>
Sent: Friday, May 1, 2020 6:40 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:

• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead it
should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is complete,
my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.

• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original follows
site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the Estrella
Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.

• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.

• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment and
can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept
any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you act on the
zoning reversion.


2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above.

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.



Page 1016
PLEASE do the required and right thing.

Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the required zoning
reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.


Kavi Raj,

4309 W Buist Ave, Laveen, 85339





Page 1017
Racelle Escolar

From: Kim Kissel
Sent: Friday, May 1, 2020 2:11 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as Filed


Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action, which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once
the reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the
applicant.

 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of
the Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning
reversion.

 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to
the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a
much better buffer to screen the higher density and 2‐story product, as well as provide better buffering for the
surrounding the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should
remain intact as you act on the zoning reversion.

 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment
and can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones
to intercept any debris that could fall from the upper slopes. The original terraced stipulation should remain
intact as you act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.

Page 1018
Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

I pray you, your families and colleagues are staying safe and healthy during this new season in our lives.


God Bless,
Kimberly Kissel
June Skies
5124 W Lydia Ln
Laveen AZ 85339

“For every house is built by someone, but God is the builder of everything.” Heb 3:4





Page 1019
Racelle Escolar

From: Matt Klein
Sent: Friday, May 1, 2020 4:51 AM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members, I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on
May 7. Any revisions to this case requested by the applicant should not be considered until after the City of Phoenix
enforces ordinance, G-5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and to date the
City has taken no action which is in violation of City Zoning Ordinance, a very serious matter. In regards to the Planning
Hearing Officer (PHO) recommendations: 1. I am adamantly opposed to these 4 stipulation: • Deletion of original
Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead it should remain as is
with immediate Planning Commission action to revert the zoning. Once the reversion is complete, my neighbors and I
stand ready to develop a better plan that fits the area, with the applicant. • Stipulation 1: The original plan is of superior
quality compared to the current applicant’s proposal. The original follows site contours, provides smoother connection to
the R1-18 portion to the west, and preserves views of the Estrella Mountains and South Mountain. The original plan
should remain intact as you act on the zoning reversion. • Stipulation 10: The 200 foot minimum landscaped setback
along the east property line should remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace
to the west (higher), 200 feet provides a much better buffer to screen the higher density and 2-story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200 foot minimum
landscaped setback should remain intact as you act on the zoning reversion. • Stipulation 35: The terraced berms
should remain. They reduce the apparent height of the exposed escarpment and can be further stabilized and treated
with compatible colors. These terraces also provide safety drop zones to intercept any debris that could fall from the
upper slopes. The original terraced stipulation should remain intact as you act on the zoning reversion. 2. Stipulations
43 and 44: I request my name and address be added to these notification stipulations so I will be formally notified of any
future actions. 3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above Again, the
zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and Council included
this stipulation specifically to protect the neighbors and community from a high density development that did not fit the
area then and does not fit the area today. Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then
immediately move to initiate, approve and finally codify the required zoning reversion action to S-1 and amend the
General Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning. Matt Klein
9812 S 46th Ln
Laveen, AZ





Page 1020
Racelle Escolar

From: drmelissaprice@aol.com
Sent: Friday, May 1, 2020 3:08 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Dear Planning Commission Members,
My neighbors all throughout the Laveen region and I feel that the following is so important. We are untied in the
following statement because this is where we live. Personally, I have watched Laveen grow, in some ways for
the better and some for the worse. Allowing the following four stipulations would clearly fall in the latter
category.
As such, I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any
revisions to this case requested by the applicant should not be considered until after the City of Phoenix
enforces ordinance, G-5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and to
date the City has taken no action which is in violation of City Zoning Ordinance, a very serious matter. In
regards to the Planning Hearing Officer (PHO) recommendations: 1. I am adamantly opposed to these 4
stipulation: • Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not
be deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning.
Once the reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with
the applicant. • Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1-18 portion to the west, and
preserves views of the Estrella Mountains and South Mountain. The original plan should remain intact as you
act on the zoning reversion. • Stipulation 10: The 200 foot minimum landscaped setback along the east
property line should remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the
west (higher), 200 feet provides a much better buffer to screen the higher density and 2-story product, as well
as provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200 foot
minimum landscaped setback should remain intact as you act on the zoning reversion. • Stipulation 35: The
terraced berms should remain. They reduce the apparent height of the exposed escarpment and can be further
stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept any
debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you act on
the zoning reversion. 2. Stipulations 43 and 44: I request my name and address be added to these notification
stipulations so I will be formally notified of any future actions. 3. I am supportive of PHO’s recommendations for
the remaining stipulations not noted above Again, the zoning reversion stipulation 19 of Ordinance G-5020
should not be deleted. In 2007, the Mayor and Council included this stipulation specifically to protect the
neighbors and community from a high density development that did not fit the area then and does not fit the
area today. Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to
initiate, approve and finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-
1 Residential/Parks/Open Space to match the S-1 zoning.

Sincerely,

Dr. Melissa Price
5333 W. Ian Dr.
Laveen, AZ 85339





Page 1021
Racelle Escolar

From: RK K
Sent: Friday, May 1, 2020 6:43 PM
To: Racelle Escolar; Alan Stephenson
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members,

I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:

• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead it
should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is complete,
my neighbors and I stand ready to develop a better plan that fits the area, with the applicant.

• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original follows
site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the Estrella
Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.

• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2‐story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.

• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment and
can be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept
any debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you act on the
zoning reversion.


2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above.

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.



Page 1022
PLEASE do the required and right thing.

Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the required zoning
reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.


Rohini Kun,

4309 W Buist Ave, Laveen, 85339





Page 1023
Racelle Escolar

From: Cyd Manning
Sent: Saturday, May 2, 2020 4:01 PM
To: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha Keating; PDD Laveen
VPC
Subject: Deny Z-165-06 (PHO-1-19) at May 7 Planning Commission

Importance: High


Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which
requires the zoning to revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is
in violation of City Zoning Ordinance, a very serious matter.

In 2007, the Mayor and Council included this stipulation specifically to protect the neighbors and community from a high
density development that was incompatible with the area then and remains incompatible today. The inaction since the
time stipulation expired in 2011 has wronged the community of Laveen as we expected the zoning reversion to
occur. The City needs and should want to do the right thing. This Commission and Council have the obligation, duty and
authority to act and honor the zoning reversion.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that
fits the area, with the applicant.
 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The
original follows site contours, provides smoother connection to the R1‐18 portion to the west, and
preserves views of the Estrella Mountains and South Mountain. The original plan should remain intact
as you act on the zoning reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher),
200 feet provides a much better buffer to screen the higher density and 2‐story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200
foot minimum landscaped setback should remain intact as you act on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also
provide safety drop zones to intercept any debris that could fall from the upper slopes. The original
terraced stipulation should remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted.



Page 1024
Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.

Sincerely,

Cyd Manning
3220 W. Ceton Drive
sweetbeat@q.com





Page 1025
Racelle Escolar

From: EMAIL TEAM
Sent: Saturday, May 2, 2020 10:36 AM
To: Council District 1 PCC; council.distict.2@phoenix.gov; coucil.district.3@phoenix.gov; Council District
4; Council District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC;
laveenpc@phoenix.gov; Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua
Bednarek; Samantha Keating
Subject: Quarry Case Z-165-06-7 (PHO-1-19)_1-15-20PHO.PDF


Hello All,
I request you deny the Case # above. And I am opposed to Stipulations 1, 10, 19, 35, 43 and 44.
Please take into consideration our Community life style when making your decision-we would like to keep
it semi-rural.
Sincerly,
Gary Jordan
3603 W. Shawnee Dr.
Laveen, Az 85339





Page 1026
Racelle Escolar

From: C Gunderson
Sent: Sunday, May 3, 2020 8:36 PM
To: Alan Stephenson; Racelle Escolar
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed



Planning Commission Members, I request you deny Case Z-165-06 (PHO-1-19) as filed when it
comes before you on May 7. Any revisions to this case requested by the applicant should not be
considered until after the City of Phoenix enforces ordinance, G-5020, which requires the zoning
revert to S-1. The current zoning expired in 2011 and to date the City has taken no action which
is in violation of City Zoning Ordinance, a very serious matter. In regards to the Planning Hearing
Officer (PHO) recommendations: 1. I am adamantly opposed to these 4 stipulation: • Deletion of
original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted.
Instead it should remain as is with immediate Planning Commission action to revert the zoning.
Once the reversion is complete, my neighbors and I stand ready to develop a better plan that fits
the area, with the applicant. • Stipulation 1: The original plan is of superior quality compared to
the current applicant’s proposal. The original follows site contours, provides smoother
connection to the R1-18 portion to the west, and preserves views of the Estrella Mountains and
South Mountain. The original plan should remain intact as you act on the zoning reversion. •
Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west
(higher), 200 feet provides a much better buffer to screen the higher density and 2-story product,
as well as provide better buffering for the surrounding the large acre plus parcels with custom
homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion. • Stipulation 35: The terraced berms should remain. They reduce the apparent
height of the exposed escarpment and can be further stabilized and treated with compatible
colors. These terraces also provide safety drop zones to intercept any debris that could fall from
the upper slopes. The original terraced stipulation should remain intact as you act on the zoning
reversion. 2. Stipulations 43 and 44: I request my name and address be added to these
notification stipulations so I will be formally notified of any future actions. 3. I am supportive of
PHO’s recommendations for the remaining stipulations not noted above Again, the zoning
reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high
density development that did not fit the area then and does not fit the area today. Do the
required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate,
approve and finally codify the required zoning reversion action to S-1 and amend the General
Plan to 0-1 Residential/Parks/Open Space to match the S-1 zoning.

Regards,

Carolyn Gunderson
3514 W Cheyenne Dr.
Laveen, AZ85339





Page 1027
Racelle Escolar

From: Deirdre Sparling
Sent: Sunday, May 3, 2020 7:59 AM
To: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; PDD Laveen VPC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha
Keating
Subject: Case Z-165-06 (PHO-1-19)


To: Planning Commission Members
Cc: Mayor Gallego, Councilmembers, Planning Management and Staff

Planning Commission Members,



I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions
to this case requested by the applicant should not be considered until after the City of Phoenix enforces
ordinance, G‐5020, which requires the zoning revert to S‐1. The current zoning expired in 2011 and to
date the City has taken no action which is in violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion
stipulation should not be deleted. Instead it should remain as is with immediate
Planning Commission action to revert the zoning. Once the reversion is complete, my
neighbors and I stand ready to develop a better plan that fits the area, with the
applicant.
 Stipulation 1: The original plan is of superior quality compared to the current
applicant’s proposal. The original follows site contours, provides smoother connection
to the R1‐18 portion to the west, and preserves views of the Estrella Mountains and
South Mountain. The original plan should remain intact as you act on the zoning
reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line
should remain. Due to the elevation difference of 35th Avenue (lower) and existing
terrace to the west (higher), 200 feet provides a much better buffer to screen the higher
density and 2‐story product, as well as provide better buffering for the surrounding the
large acre plus parcels with custom homes. The 200 foot minimum landscaped setback
should remain intact as you act on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of
the exposed escarpment and can be further stabilized and treated with compatible
colors. These terraces also provide safety drop zones to intercept any debris that could
fall from the upper slopes. The original terraced stipulation should remain intact as you
act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification
stipulations so I will be formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above


Page 1028
Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the
high density development that did not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate,
approve and finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1
Residential/Parks/Open Space to match the S‐1 zoning.

Sincerely,

Deirdre Sparling
9819 S. 20th Ave
Phoenix, 85041





Page 1029
Racelle Escolar

From: Donna Schober
Sent: Sunday, May 3, 2020 11:27 AM
To: Council District 8 PCC; Council District 3 PCC; Alan Stephenson; Council District 4; Council District 7
PCC; Joshua Bednarek; Council District 1 PCC; Council District 2 PCC; Council District 5 PCC; Council
District 6 PCC; PDD Laveen VPC; Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Samantha Keating
Subject: CASE Z-165-06 (PHO-1-19)



Planning Commission Members,
We request that you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any
revisions to this case requested by the applicant should not be considered until after the City enforces
ordinance G‐5020 which requires that the zoning revert to S‐1. The current zoning expired in 2011 and to date
the City has taken no action which is in violation of City Zoning Ordinance, a very serious matter.

With regard to the Planning Hearing Officer (PHO) recommendations we are opposed to these four
stipulations:

Deletion of original Stipulation 19 (zoning reversion).

Stipulation 1: The original plan is far superior to the applicant's current proposal. The original plan suits site
contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the Estrella
Mountains and South Mountain.

Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. This
will serve as a needed buffer to screen the higher density and 2‐story buildings and provide better buffering
surrounding the large acre plus parcels with custom homes.

Stipulation 35: The terraced berms should remain. This will help stabilize the slopes.

Stipulations 43 and 44: Please add our names to the notification stipulations so we will be notified of any
future actions.

We support the PHO's recommendations for the remaining stipulations NOT noted above.

We have lived in Laveen, close to this land, for over 20 years. This is an area where large lots and custom
homes live. Where homeowners and others take advantage of the mountain views and wide open spaces.

Please do the right thing. Deny Case Z‐165‐06 (PHO‐1‐19) as filed. Don't break faith and trust with the
residents of this community.

Sincerely,

Donna J. Schober
Marvin A. Sondag
10840 S 30th Ave
Laveen, AZ 85339
602.237.4887 1

Page 1030
Racelle Escolar

From: Elizabeth Banta
Sent: Sunday, May 3, 2020 12:28 PM
To: Racelle Escolar
Subject: Denial strongly requested for Case Z-165-06 (PHO-1-19)


To: Planning Commission Members

Cc: Mayor Gallego, Councilmembers, Planning Management and Staff



Planning Commission Members,



I am a member of the area greatly and negatively affected by Case Z‐165‐06 (PHO‐1‐19). So much of Greater Phoenix
contains high density, cookie‐cutter communities. Please preserve a unique jewel in our Valley by denying Case Z‐165‐06
(PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case requested by the applicant should not
be considered until after the City of Phoenix enforces ordinance, G‐5020, which requires the zoning revert to S‐1. The
current zoning expired in 2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a
very serious matter.



In regards to the Planning Hearing Officer (PHO) recommendations:



1. I am adamantly opposed to these 4 stipulation:

 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not
be deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that
fits the area, with the applicant.

 Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours, provides smoother connection to the R1‐18 portion to the
west, and preserves views of the Estrella Mountains and South Mountain. The original plan should
remain intact as you act on the zoning reversion.

 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher),
200 feet provides a much better buffer to screen the higher density and 2‐story product, as well as
provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200
foot minimum landscaped setback should remain intact as you act on the zoning reversion.

 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These terraces

Page 1031
also provide safety drop zones to intercept any debris that could fall from the upper slopes. The original
terraced stipulation should remain intact as you act on the zoning reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be
formally notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above



Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did
not fit the area then and does not fit the area today.



Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open
Space to match the S‐1 zoning.



Sincerely,
Elizabeth K Banta
3938 W Kayenta Trail
Laveen, AZ 85339
480‐353‐6019





Page 1032
Racelle Escolar

From: Jamie Gunderson
Sent: Sunday, May 3, 2020 8:23 PM
To: Alan Stephenson; Racelle Escolar
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Joshua Bednarek; Samantha Keating; PDD Laveen VPC
Subject: Deny Case Z-165-06 (PHO-1-19) as filed


Planning Commission Members, I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before
you on May 7. Any revisions to this case requested by the applicant should not be considered until after the City
of Phoenix enforces ordinance, G-5020, which requires the zoning revert to S-1. The current zoning expired in
2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a very serious
matter. In regards to the Planning Hearing Officer (PHO) recommendations: 1. I am adamantly opposed to
these 4 stipulation: • Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation
should not be deleted. Instead it should remain as is with immediate Planning Commission action to revert the
zoning. Once the reversion is complete, my neighbors and I stand ready to develop a better plan that fits the
area, with the applicant. • Stipulation 1: The original plan is of superior quality compared to the current
applicant’s proposal. The original follows site contours, provides smoother connection to the R1-18 portion to
the west, and preserves views of the Estrella Mountains and South Mountain. The original plan should remain
intact as you act on the zoning reversion. • Stipulation 10: The 200 foot minimum landscaped setback along the
east property line should remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to
the west (higher), 200 feet provides a much better buffer to screen the higher density and 2-story product, as
well as provide better buffering for the surrounding the large acre plus parcels with custom homes. The 200 foot
minimum landscaped setback should remain intact as you act on the zoning reversion. • Stipulation 35: The
terraced berms should remain. They reduce the apparent height of the exposed escarpment and can be further
stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept any
debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you act on
the zoning reversion. 2. Stipulations 43 and 44: I request my name and address be added to these notification
stipulations so I will be formally notified of any future actions. 3. I am supportive of PHO’s recommendations for
the remaining stipulations not noted above Again, the zoning reversion stipulation 19 of Ordinance G-5020
should not be deleted. In 2007, the Mayor and Council included this stipulation specifically to protect the
neighbors and community from a high density development that did not fit the area then and does not fit the
area today. Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to
initiate, approve and finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-
1 Residential/Parks/Open Space to match the S-1 zoning.


Regards,


Jamie Gunderson
3514 W Cheyenne Drive
Laveen, AZ 85339





Page 1033
Page 1034
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ĚŽĞƐŶŽƚĨŝƚƚŚĞĂƌĞĂƚŽĚĂLJ͘

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/ůŝǀĞŶĞĂƌƚŚĞĂƌĞĂĂĚĚƌĞƐƐĞĚďLJĂƐĞͲϭϲϱͲϬϲ;W,KͲϭͲϭϵͿ͘/ƵŶĚĞƌƐƚĂŶĚƚŚĂƚĂĚĞǀĞůŽƉŵĞŶƚĐŽŵƉĂŶLJĐĂŶŵĂŬĞŵŽƌĞ
ŵŽŶĞLJďLJŐĞƚƚŝŶŐĂůŽǁĚĞŶƐŝƚLJƉƌŽƉĞƌƚLJƌĞͲnjŽŶĞĚƚŽŚŝŐŚĚĞŶƐŝƚLJ͖ďƵƚƚŚĂƚĂůŽŶĞĚŽĞƐŶŽƚƐĞĞŵůŝŬĞĂƐƵĨĨŝĐŝĞŶƚƌĞĂƐŽŶ
ƚŽĂůůŽǁƚŚĞĐŚĂŶŐĞ͘ŶĚ͕ŝĨƚŚŝƐƉƌŽƉĞƌƚLJŝƐƐŽĞĂƐŝůLJƌĞͲnjŽŶĞĚ͕ŚŽǁǁŝůůLJŽƵďĞĂďůĞƚŽĚĞŶLJƚŚĞŽǁŶĞƌƐŽĨƚŚĞŽƚŚĞƌ
ƉƌŽƉĞƌƚŝĞƐŝŶƚŚĞĂƌĞĂ͍dŚŝƐůŽĐĂƚŝŽŶĚŽĞƐŶŽƚŚĂǀĞƚŚĞƌŽĂĚƐƚŽƐƵƉƉŽƌƚŚŝŐŚĚĞŶƐŝƚLJĚĞǀĞůŽƉŵĞŶƚ͘dŚĞƌĞŝƐůŽƚƐŽĨ
ǀĂĐĂŶƚůĂŶĚďĞƚǁĞĞŶƚŚŝƐůŽĐĂƚŝŽŶĂŶĚĐĞŶƚƌĂůWŚŽĞŶŝdž͘WůĞĂƐĞĨŝůůƚŚĂƚƵƉĨŝƌƐƚ͘ĞƚƚĞƌ͕ƌĞǀŝƚĂůŝnjĞƐŽŵĞŽĨƚŚĞĚĞĐĂLJĞĚ
ĂŶĚƌƵŶͲĚŽǁŶĂƌĞĂƐŝŶƐƚĞĂĚŽĨũƵƐƚŐŽŝŶŐĨĂƌƚŚĞƌŽƵƚ͘



WůĞĂƐĞĚĞŶLJĂƐĞͲϭϲϱͲϬϲ;W,KͲϭͲϭϵͿĂƐĨŝůĞĚǁŚĞŶŝƚĐŽŵĞƐďĞĨŽƌĞLJŽƵŽŶDĂLJϳ͘ŶLJƌĞǀŝƐŝŽŶƐƚŽƚŚŝƐĐĂƐĞƌĞƋƵĞƐƚĞĚ
ďLJƚŚĞĂƉƉůŝĐĂŶƚƐŚŽƵůĚŶŽƚďĞĐŽŶƐŝĚĞƌĞĚƵŶƚŝůĂĨƚĞƌƚŚĞŝƚLJŽĨWŚŽĞŶŝdžĞŶĨŽƌĐĞƐŽƌĚŝŶĂŶĐĞ͕'ͲϱϬϮϬ͕ǁŚŝĐŚƌĞƋƵŝƌĞƐƚŚĞ
njŽŶŝŶŐƌĞǀĞƌƚƚŽ^Ͳϭ͘dŚĞĐƵƌƌĞŶƚnjŽŶŝŶŐĞdžƉŝƌĞĚŝŶϮϬϭϭĂŶĚƚŽĚĂƚĞƚŚĞŝƚLJŚĂƐƚĂŬĞŶŶŽĂĐƚŝŽŶǁŚŝĐŚŝƐŝŶǀŝŽůĂƚŝŽŶŽĨ
ŝƚLJŽŶŝŶŐKƌĚŝŶĂŶĐĞ͕ĂǀĞƌLJƐĞƌŝŽƵƐŵĂƚƚĞƌ͘



/ŶƌĞŐĂƌĚƐƚŽƚŚĞWůĂŶŶŝŶŐ,ĞĂƌŝŶŐKĨĨŝĐĞƌ;W,KͿƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͗



ϭ͘ /ĂŵĂĚĂŵĂŶƚůLJŽƉƉŽƐĞĚƚŽƚŚĞƐĞϰƐƚŝƉƵůĂƚŝŽŶ͗

xĞůĞƚŝŽŶŽĨŽƌŝŐŝŶĂů^ƚŝƉƵůĂƚŝŽŶϭϵ;njŽŶŝŶŐƌĞǀĞƌƐŝŽŶͿ͗dŚŝƐnjŽŶŝŶŐƌĞǀĞƌƐŝŽŶƐƚŝƉƵůĂƚŝŽŶƐŚŽƵůĚŶŽƚ
ďĞĚĞůĞƚĞĚ͘/ŶƐƚĞĂĚŝƚƐŚŽƵůĚƌĞŵĂŝŶĂƐŝƐǁŝƚŚŝŵŵĞĚŝĂƚĞWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶĂĐƚŝŽŶƚŽƌĞǀĞƌƚƚŚĞ
njŽŶŝŶŐ͘KŶĐĞƚŚĞƌĞǀĞƌƐŝŽŶŝƐĐŽŵƉůĞƚĞ͕ŵLJŶĞŝŐŚďŽƌƐĂŶĚ/ƐƚĂŶĚƌĞĂĚLJƚŽĚĞǀĞůŽƉĂďĞƚƚĞƌƉůĂŶƚŚĂƚ
ĨŝƚƐƚŚĞĂƌĞĂ͕ǁŝƚŚƚŚĞĂƉƉůŝĐĂŶƚ͘

x^ƚŝƉƵůĂƚŝŽŶϭ͗dŚĞŽƌŝŐŝŶĂůƉůĂŶŝƐŽĨƐƵƉĞƌŝŽƌƋƵĂůŝƚLJĐŽŵƉĂƌĞĚƚŽƚŚĞĐƵƌƌĞŶƚĂƉƉůŝĐĂŶƚ͛Ɛ
ƉƌŽƉŽƐĂů͘dŚĞŽƌŝŐŝŶĂůĨŽůůŽǁƐƐŝƚĞĐŽŶƚŽƵƌƐ͕ƉƌŽǀŝĚĞƐƐŵŽŽƚŚĞƌĐŽŶŶĞĐƚŝŽŶƚŽƚŚĞZϭͲϭϴƉŽƌƚŝŽŶƚŽƚŚĞ
ǁĞƐƚ͕ĂŶĚƉƌĞƐĞƌǀĞƐǀŝĞǁƐŽĨƚŚĞƐƚƌĞůůĂDŽƵŶƚĂŝŶƐĂŶĚ^ŽƵƚŚDŽƵŶƚĂŝŶ͘dŚĞŽƌŝŐŝŶĂůƉůĂŶƐŚŽƵůĚ
ƌĞŵĂŝŶŝŶƚĂĐƚĂƐLJŽƵĂĐƚŽŶƚŚĞnjŽŶŝŶŐƌĞǀĞƌƐŝŽŶ͘




Page 1036
x^ƚŝƉƵůĂƚŝŽŶϭϬ͗dŚĞϮϬϬĨŽŽƚŵŝŶŝŵƵŵůĂŶĚƐĐĂƉĞĚƐĞƚďĂĐŬĂůŽŶŐƚŚĞĞĂƐƚƉƌŽƉĞƌƚLJůŝŶĞƐŚŽƵůĚ
ƌĞŵĂŝŶ͘ƵĞƚŽƚŚĞĞůĞǀĂƚŝŽŶĚŝĨĨĞƌĞŶĐĞŽĨϯϱƚŚǀĞŶƵĞ;ůŽǁĞƌͿĂŶĚĞdžŝƐƚŝŶŐƚĞƌƌĂĐĞƚŽƚŚĞǁĞƐƚ;ŚŝŐŚĞƌͿ͕
ϮϬϬĨĞĞƚƉƌŽǀŝĚĞƐĂŵƵĐŚďĞƚƚĞƌďƵĨĨĞƌƚŽƐĐƌĞĞŶƚŚĞŚŝŐŚĞƌĚĞŶƐŝƚLJĂŶĚϮͲƐƚŽƌLJƉƌŽĚƵĐƚ͕ĂƐǁĞůůĂƐ
ƉƌŽǀŝĚĞďĞƚƚĞƌďƵĨĨĞƌŝŶŐĨŽƌƚŚĞƐƵƌƌŽƵŶĚŝŶŐƚŚĞůĂƌŐĞĂĐƌĞƉůƵƐƉĂƌĐĞůƐǁŝƚŚĐƵƐƚŽŵŚŽŵĞƐ͘dŚĞϮϬϬ
ĨŽŽƚŵŝŶŝŵƵŵůĂŶĚƐĐĂƉĞĚƐĞƚďĂĐŬƐŚŽƵůĚƌĞŵĂŝŶŝŶƚĂĐƚĂƐLJŽƵĂĐƚŽŶƚŚĞnjŽŶŝŶŐƌĞǀĞƌƐŝŽŶ͘

x^ƚŝƉƵůĂƚŝŽŶϯϱ͗dŚĞƚĞƌƌĂĐĞĚďĞƌŵƐƐŚŽƵůĚƌĞŵĂŝŶ͘dŚĞLJƌĞĚƵĐĞƚŚĞĂƉƉĂƌĞŶƚŚĞŝŐŚƚŽĨƚŚĞ
ĞdžƉŽƐĞĚĞƐĐĂƌƉŵĞŶƚĂŶĚĐĂŶďĞĨƵƌƚŚĞƌƐƚĂďŝůŝnjĞĚĂŶĚƚƌĞĂƚĞĚǁŝƚŚĐŽŵƉĂƚŝďůĞĐŽůŽƌƐ͘dŚĞƐĞƚĞƌƌĂĐĞƐ
ĂůƐŽƉƌŽǀŝĚĞƐĂĨĞƚLJĚƌŽƉnjŽŶĞƐƚŽŝŶƚĞƌĐĞƉƚĂŶLJĚĞďƌŝƐƚŚĂƚĐŽƵůĚĨĂůůĨƌŽŵƚŚĞƵƉƉĞƌƐůŽƉĞƐ͘dŚĞŽƌŝŐŝŶĂů
ƚĞƌƌĂĐĞĚƐƚŝƉƵůĂƚŝŽŶƐŚŽƵůĚƌĞŵĂŝŶŝŶƚĂĐƚĂƐLJŽƵĂĐƚŽŶƚŚĞnjŽŶŝŶŐƌĞǀĞƌƐŝŽŶ͘

Ϯ͘ ^ƚŝƉƵůĂƚŝŽŶƐϰϯĂŶĚϰϰ͗/ƌĞƋƵĞƐƚŵLJŶĂŵĞĂŶĚĂĚĚƌĞƐƐďĞĂĚĚĞĚƚŽƚŚĞƐĞŶŽƚŝĨŝĐĂƚŝŽŶƐƚŝƉƵůĂƚŝŽŶƐƐŽ/ǁŝůůďĞ
ĨŽƌŵĂůůLJŶŽƚŝĨŝĞĚŽĨĂŶLJĨƵƚƵƌĞĂĐƚŝŽŶƐ͘
ϯ͘ /ĂŵƐƵƉƉŽƌƚŝǀĞŽĨW,K͛ƐƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĨŽƌƚŚĞƌĞŵĂŝŶŝŶŐƐƚŝƉƵůĂƚŝŽŶƐŶŽƚŶŽƚĞĚĂďŽǀĞ



ŐĂŝŶ͕ƚŚĞnjŽŶŝŶŐƌĞǀĞƌƐŝŽŶƐƚŝƉƵůĂƚŝŽŶϭϵŽĨKƌĚŝŶĂŶĐĞ'ͲϱϬϮϬƐŚŽƵůĚŶŽƚďĞĚĞůĞƚĞĚ͘/ŶϮϬϬϳ͕ƚŚĞDĂLJŽƌĂŶĚŽƵŶĐŝů
ŝŶĐůƵĚĞĚƚŚŝƐƐƚŝƉƵůĂƚŝŽŶƐƉĞĐŝĨŝĐĂůůLJƚŽƉƌŽƚĞĐƚƚŚĞŶĞŝŐŚďŽƌƐĂŶĚĐŽŵŵƵŶŝƚLJĨƌŽŵĂŚŝŐŚĚĞŶƐŝƚLJĚĞǀĞůŽƉŵĞŶƚƚŚĂƚĚŝĚ
ŶŽƚĨŝƚƚŚĞĂƌĞĂƚŚĞŶĂŶĚĚŽĞƐŶŽƚĨŝƚƚŚĞĂƌĞĂƚŽĚĂLJ͘



ŽƚŚĞƌĞƋƵŝƌĞĚĂŶĚƌŝŐŚƚƚŚŝŶŐ͘ĞŶLJͲϭϲϱͲϬϲ;W,KͲϭͲϭϵͿĂƐĨŝůĞĚ͘dŚĞŶŝŵŵĞĚŝĂƚĞůLJŵŽǀĞƚŽŝŶŝƚŝĂƚĞ͕ĂƉƉƌŽǀĞĂŶĚ
ĨŝŶĂůůLJĐŽĚŝĨLJƚŚĞƌĞƋƵŝƌĞĚnjŽŶŝŶŐƌĞǀĞƌƐŝŽŶĂĐƚŝŽŶƚŽ^ͲϭĂŶĚĂŵĞŶĚƚŚĞ'ĞŶĞƌĂůWůĂŶƚŽϬͲϭZĞƐŝĚĞŶƚŝĂůͬWĂƌŬƐͬKƉĞŶ
^ƉĂĐĞƚŽŵĂƚĐŚƚŚĞ^ͲϭnjŽŶŝŶŐ͘



^ŝŶĐĞƌĞůLJ͕
WĂƵůtĂŶƚĂ
ϯϵϯϴt<ĂLJĞŶƚĂdƌĂŝů
>ĂǀĞĞŶ͕ϴϱϯϯϵ
ϰϴϬͲϯϱϯͲϲϬϭϰ






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Page 1038
5DFHOOH(VFRODU

6XEMHFW ):2SSRVHFDVH= 3+2


&ƌŽŵ͗EŝĐŽůĞ'ůĂƐŐŽǁфďůƵĞͺĞLJĞƐϴϮϭΛĂŽů͘ĐŽŵх
^ĞŶƚ͗^ƵŶĚĂLJ͕DĂLJϯ͕ϮϬϮϬϱ͗ϯϮWD
dŽ͗ŽƵŶĐŝůŝƐƚƌŝĐƚϭWфĐŽƵŶĐŝů͘ĚŝƐƚƌŝĐƚ͘ϭΛƉŚŽĞŶŝdž͘ŐŽǀх͖ŽƵŶĐŝůŝƐƚƌŝĐƚϮWфĐŽƵŶĐŝů͘ĚŝƐƚƌŝĐƚ͘ϮΛƉŚŽĞŶŝdž͘ŐŽǀх͖ŽƵŶĐŝůŝƐƚƌŝĐƚ
ϯWфĐŽƵŶĐŝů͘ĚŝƐƚƌŝĐƚ͘ϯΛƉŚŽĞŶŝdž͘ŐŽǀх͖ŽƵŶĐŝůŝƐƚƌŝĐƚϰфĐŽƵŶĐŝů͘ĚŝƐƚƌŝĐƚ͘ϰΛƉŚŽĞŶŝdž͘ŐŽǀх͖ŽƵŶĐŝůŝƐƚƌŝĐƚϱW
фĐŽƵŶĐŝů͘ĚŝƐƚƌŝĐƚ͘ϱΛƉŚŽĞŶŝdž͘ŐŽǀх͖ŽƵŶĐŝůŝƐƚƌŝĐƚϲWфŝƐƚƌŝĐƚϲΛƉŚŽĞŶŝdž͘ŐŽǀх͖ŽƵŶĐŝůŝƐƚƌŝĐƚϳW
фĐŽƵŶĐŝů͘ĚŝƐƚƌŝĐƚ͘ϳΛƉŚŽĞŶŝdž͘ŐŽǀх͖ŽƵŶĐŝůŝƐƚƌŝĐƚϴWфĐŽƵŶĐŝů͘ĚŝƐƚƌŝĐƚ͘ϴΛƉŚŽĞŶŝdž͘ŐŽǀх͖W>ĂǀĞĞŶsW
фůĂǀĞĞŶǀƉĐΛƉŚŽĞŶŝdž͘ŐŽǀх͖DĂLJŽƌ'ĂůůĞŐŽфŵĂLJŽƌ͘ŐĂůůĞŐŽΛƉŚŽĞŶŝdž͘ŐŽǀх͖ZĂĐĞůůĞƐĐŽůĂƌфƌĂĐĞůůĞ͘ĞƐĐŽůĂƌΛƉŚŽĞŶŝdž͘ŐŽǀх͖^ŽĨŝĂ
DĂƐƚŝŬŚŝŶĂфƐŽĨŝĂ͘ŵĂƐƚŝŬŚŝŶĂΛƉŚŽĞŶŝdž͘ŐŽǀх͖ůĂŶ^ƚĞƉŚĞŶƐŽŶфĂůĂŶ͘ƐƚĞƉŚĞŶƐŽŶΛƉŚŽĞŶŝdž͘ŐŽǀх͖:ŽƐŚƵĂĞĚŶĂƌĞŬ
фũŽƐŚƵĂ͘ďĞĚŶĂƌĞŬΛƉŚŽĞŶŝdž͘ŐŽǀх͖^ĂŵĂŶƚŚĂ<ĞĂƚŝŶŐфƐĂŵĂŶƚŚĂ͘ŬĞĂƚŝŶŐΛƉŚŽĞŶŝdž͘ŐŽǀх
^ƵďũĞĐƚ͗KƉƉŽƐĞĐĂƐĞͲϭϲϱͲϬϲ;W,KͲϭͲϭϵͿ

WůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶDĞŵďĞƌƐ͕
/ƌĞƋƵĞƐƚLJŽƵĚĞŶLJĂƐĞͲϭϲϱͲϬϲ;W,KͲϭͲϭϵͿĂƐĨŝůĞĚǁŚĞŶŝƚĐŽŵĞƐďĞĨŽƌĞLJŽƵŽŶDĂLJϳ͘ŶLJƌĞǀŝƐŝŽŶƐƚŽƚŚŝƐĐĂƐĞƌĞƋƵĞƐƚĞĚďLJ
ƚŚĞĂƉƉůŝĐĂŶƚƐŚŽƵůĚŶŽƚďĞĐŽŶƐŝĚĞƌĞĚƵŶƚŝůĂĨƚĞƌƚŚĞŝƚLJŽĨWŚŽĞŶŝdžĞŶĨŽƌĐĞƐŽƌĚŝŶĂŶĐĞ͕'ͲϱϬϮϬ͕ǁŚŝĐŚƌĞƋƵŝƌĞƐƚŚĞnjŽŶŝŶŐƌĞǀĞƌƚ
ƚŽ^Ͳϭ͘dŚĞĐƵƌƌĞŶƚnjŽŶŝŶŐĞdžƉŝƌĞĚŝŶϮϬϭϭĂŶĚƚŽĚĂƚĞƚŚĞŝƚLJŚĂƐƚĂŬĞŶŶŽĂĐƚŝŽŶǁŚŝĐŚŝƐŝŶǀŝŽůĂƚŝŽŶŽĨŝƚLJŽŶŝŶŐKƌĚŝŶĂŶĐĞ͕Ă
ǀĞƌLJƐĞƌŝŽƵƐŵĂƚƚĞƌ͘

/ŶƌĞŐĂƌĚƐƚŽƚŚĞWůĂŶŶŝŶŐ,ĞĂƌŝŶŐKĨĨŝĐĞƌ;W,KͿƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͗

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ŶŽƚŝĨŝĞĚŽĨĂŶLJĨƵƚƵƌĞĂĐƚŝŽŶƐ͘
ϯ͘ /ĂŵƐƵƉƉŽƌƚŝǀĞŽĨW,K͛ƐƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĨŽƌƚŚĞƌĞŵĂŝŶŝŶŐƐƚŝƉƵůĂƚŝŽŶƐŶŽƚŶŽƚĞĚĂďŽǀĞ

ŐĂŝŶ͕ƚŚĞnjŽŶŝŶŐƌĞǀĞƌƐŝŽŶƐƚŝƉƵůĂƚŝŽŶϭϵŽĨKƌĚŝŶĂŶĐĞ'ͲϱϬϮϬƐŚŽƵůĚŶŽƚďĞĚĞůĞƚĞĚ͘/ŶϮϬϬϳ͕ƚŚĞDĂLJŽƌĂŶĚŽƵŶĐŝůŝŶĐůƵĚĞĚƚŚŝƐ
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ĚŽĞƐŶŽƚĨŝƚƚŚĞĂƌĞĂƚŽĚĂLJ͘

ŽƚŚĞƌĞƋƵŝƌĞĚĂŶĚƌŝŐŚƚƚŚŝŶŐ͘ĞŶLJͲϭϲϱͲϬϲ;W,KͲϭͲϭϵͿĂƐĨŝůĞĚ͘dŚĞŶŝŵŵĞĚŝĂƚĞůLJŵŽǀĞƚŽŝŶŝƚŝĂƚĞ͕ĂƉƉƌŽǀĞĂŶĚĨŝŶĂůůLJĐŽĚŝĨLJƚŚĞ
ƌĞƋƵŝƌĞĚnjŽŶŝŶŐƌĞǀĞƌƐŝŽŶĂĐƚŝŽŶƚŽ^ͲϭĂŶĚĂŵĞŶĚƚŚĞ'ĞŶĞƌĂůWůĂŶƚŽϬͲϭZĞƐŝĚĞŶƚŝĂůͬWĂƌŬƐͬKƉĞŶ^ƉĂĐĞƚŽŵĂƚĐŚƚŚĞ^ͲϭnjŽŶŝŶŐ͘

dŚŽŵĂƐ'ůĂƐŐŽǁ
ϯϳϭϳǁĞƐƚĂƌǀĞƌZĚ
>ĂǀĞĞŶ͕ϴϱϯϯϵ



Page 1039
Page 1040
Racelle Escolar

From: David Baker
Sent: Monday, May 4, 2020 11:02 AM
To: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Alan Stephenson; Council District 7 PCC; Council District 8 PCC;
Mayor Gallego; Racelle Escolar; Sofia Mastikhina; Joshua Bednarek; Samantha Keating; PDD Laveen
VPC
Cc: David Baker
Subject: Item 10 - PHO -1-19-Z-165--06-7(8)


Hello Folks,

Quick, simple note. Regarding the above mentioned development.

Myself, my wife, my kids and all our neighbors over here in the Sunset Cove and Carver Foothill area, DO NOT want this
higher density development. Please do the right thing, keep the zoning at R‐43, which is the plan for the area. It is a
rural, horse property/acreage area……….not a developed area.

Thank you,

David Baker
Keller Williams Realty Phoenix
Cell:602.373.6345
E‐mail: david@beinPhoenix.com
Visit my websites at
http://www.PhoenixLaveenHomes.com [phoenixlaveenhomes.com]
http://www.LaveenRealEstate.co [laveenrealestate.co]
http://www.LaveenAz85339.com [laveenaz85339.com]
http://www.CasasLaveen.com [casaslaveen.com]
http://www.Laveenhomesforsale.net [laveenhomesforsale.net]

Subscribe today to my YOUTUBE Channel
https://www.youtube.com/user/dabaker2121 [youtube.com]
"Like" me on Facebook at Phoenix Residential Real Estate [facebook.com]





Page 1041
Racelle Escolar

Subject: FW: Case Z-165-06


From: gjnorton0744@gmail.com
Sent: Monday, May 4, 2020 10:33 AM
To: Racelle Escolar
Subject: Case Z‐165‐06

To: Planning Commission Members
Cc: Mayor Gallego, Councilmembers, Planning Management and Staff

Planning Commission Members,
I request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this case requested by
the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020, which requires the zoning revert
to S‐1. The current zoning expired in 2011 and to date the City has taken no action which is in violation of City Zoning Ordinance, a
very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1. I am adamantly opposed to these 4 stipulation:
 Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be
deleted. Instead it should remain as is with immediate Planning Commission action to revert the zoning. Once the
reversion is complete, my neighbors and I stand ready to develop a better plan that fits the area, with the
applicant.
 Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original
follows site contours, provides smoother connection to the R1‐18 portion to the west, and preserves views of the
Estrella Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
 Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to
the elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much
better buffer to screen the higher density and 2‐story product, as well as provide better buffering for the
surrounding the large acre plus parcels with custom homes. The 200 foot minimum landscaped setback should
remain intact as you act on the zoning reversion.
 Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed
escarpment and can be further stabilized and treated with compatible colors. These terraces also provide safety
drop zones to intercept any debris that could fall from the upper slopes. The original terraced stipulation should
remain intact as you act on the zoning reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G‐5020 should not be deleted. In 2007, the Mayor and Council included this
stipulation specifically to protect the neighbors and community from a high density development that did not fit the area then and
does not fit the area today.

Do the required and right thing. Deny Z‐165‐06 (PHO‐1‐19) as filed. Then immediately move to initiate, approve and finally codify the
required zoning reversion action to S‐1 and amend the General Plan to 0‐1 Residential/Parks/Open Space to match the S‐1 zoning.

Gloria Norton
10823 S 29 Ave
Laveen, Az 85339





Page 1042
Racelle Escolar

From: Linda Abegg
Sent: Monday, May 4, 2020 11:42 AM
To: Racelle Escolar
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha Keating
Subject: Laveen Case


Good Morning,
I am a Laveen resident and member of the Laveen Village Planning Committee. I ask that this case be denied and that
the reversion stipulation be maintained.

We always talk about having a balance in Laveen housing. This area is at Carver Rd is one of the few rural, low density
areas left. It deserves to keep its character, especially considering all the high density already approved in Laveen.

Furthermore, the community has done its part to participate in the public hearing process. The original compromise with
the reversion stipulation should be honored.

Thank you,

Linda Abegg
5407 W Winston Dr





Page 1043
Racelle Escolar

Subject: FW: Request to deny case Z-165-06 PHO-1-19 as filed


From: Margaret Anderson
Sent: Monday, May 4, 2020 3:05 PM
To: Council District 1 PCC ; Council District 2 PCC ;
Council District 3 PCC ; Council District 4 ; Council
District 5 PCC ; Council District 6 PCC ; Council District 7 PCC
; Council District 8 PCC ; PDD Laveen VPC
; Mayor Gallego ; Racelle Escolar
; Sofia Mastikhina ; Alan Stephenson
; Joshua Bednarek ; Samantha Keating

Subject: Request to deny case Z‐165‐06 PHO‐1‐19 as filed





Page 1044

Page 1045
Racelle Escolar

Subject: FW: All Laveen Residents Request You Deny Case Z-165-06 (PHO-1-19)


From: Bret Burchard
Sent: Tuesday, May 5, 2020 3:43 PM
To: Council District 1 PCC ; Council District 2 PCC ; Council District
3 PCC ; Council District 4 ; Council District 5 PCC
; Council District 6 PCC ; Council District 7 PCC
; Council District 8 PCC ; Mayor Gallego
; Racelle Escolar ; Sofia Mastikhina ;
Alan Stephenson ; Joshua Bednarek ; Samantha Keating
; laveenpvc@phoenix.gov
Subject: All Laveen Residents Request You Deny Case Z‐165‐06 (PHO‐1‐19)

Planning Commission Members,

I, along with my Laveen neighbors request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any
revisions to this case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G-5020,
which requires the zoning revert to S-1. The current zoning expired in 2011 and to date, the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1). I am adamantly opposed to these four stipulations:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead, it
should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is complete, my neighbors
and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant's proposal. The original follows site
contours, provides smoother connection to the R1-18 portion to the west, and preserves views of the Estrella Mountains and South
Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10 : The 200 foot minimum landscaped setback along the east property line should remain. Due to the elevation
difference at 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better buffer to screen the higher
density and 2-story product, as well as provide better buffering for the surrounding the large acre plus parcels with custom homes. The
200 foot minimum landscaped setback should remain intact as you act on the zoning reversion.
• Stipulation 35 : The terraced berms should remain. They reduce the apparent height of the exposed escarpment and can be
further stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept and debris that could
fall from the upper slopes. The original terraced stipulation should remain intact as you act on the zoning reversion.

2). Stipulation 43 and 44: I request my name and address be added to these notification stipulations so I will be formally notified of
any future actions.

3). I am supportive of PHO's recommendations for the remaining stipulations NOT noted above.

Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and Council included this
stipulation specifically to protect the neighbors and community from high density development that did not fit the area then, and does
not fit the area today.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and finally codify
the required zoning reversions action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open Space to match the S-1
zoning.

Sincerely,
Bret Burchard
11244 S. 35th Ave.
Laveen, AZ 85339



Page 1046
Racelle Escolar

Subject: FW: Deny Case Z-165-06 (PHO-1-19) as filed


From: Irma Cazarez
Sent: Tuesday, May 5, 2020 3:26 PM
To: Racelle Escolar ; Alan Stephenson
Cc: Council District 1 PCC ; Council District 2 PCC ; Council District
3 PCC ; Council District 4 ; Council District 5 PCC
; Council District 6 PCC ; Council District 7 PCC
; Council District 8 PCC ; Mayor Gallego
; Joshua Bednarek ; Samantha Keating
; PDD Laveen VPC
Subject: Deny Case Z‐165‐06 (PHO‐1‐19) as filed

Planning Commission Members,
I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any revisions to this case
requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G-5020, which
requires the zoning revert to S-1. The current zoning expired in 2011 and to date the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.
In regards to the Planning Hearing Officer (PHO) recommendations:
1. I am adamantly opposed to these 4 stipulation:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead, it
should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is complete, my
neighbors and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant’s proposal. The original follows
site contours, provides smoother connection to the R1-18 portion to the west, and preserves views of the Estrella
Mountains and South Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10: The 200 foot minimum landscaped setback along the east property line should remain. Due to the
elevation difference of 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better
buffer to screen the higher density and 2-story product, as well as provide better buffering for the surrounding the large
acre plus parcels with custom homes. The 200 foot minimum landscaped setback should remain intact as you act on the
zoning reversion.
• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the exposed escarpment and can
be further stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept any
debris that could fall from the upper slopes. The original terraced stipulation should remain intact as you act on the zoning
reversion.
2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I will be formally
notified of any future actions.
3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above
Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and Council
included this stipulation specifically to protect the neighbors and community from a high density development that did not
fit the area then and does not fit the area today.
Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and
finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open
Space to match the S-1 zoning.
Thank you,

Irma Cazarez

3517 W Shawnee Drive, Laveen, AZ 85339



Page 1047
Racelle Escolar

From: Judy Brown
Sent: Tuesday, May 5, 2020 2:28 PM
To: Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha Keating; PDD Laveen
VPC
Cc: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego
Subject: Case Z-165-06 (PHO-1-19)

Importance: High


Greetings all:

I please request you deny Case Z‐165‐06 (PHO‐1‐19) as filed when it comes before you on May 7. Any revisions to this
case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G‐5020,
which requires the zoning revert to S‐1. The current zoning expired in 2011 and to date the City has taken no action
which is in violation of City Zoning Ordinance.

This case should have been a done deal in 2011, with a reversion back to S‐1. I have heard all of the stories why the City
hasn’t done reversions. Since 2011, twelve times the reversion process has been brought up in LVPC Minutes. At least
one time this case number was mentioned in the minutes prior to the current owner purchasing the property. The
stories vary in how the City of Phoenix refuses to do their job. It is a little hard to grasp a $26,000,000 surplus in last
year’s budget and yet, no additional staff can be found to correct the wrongs on old zoning cases still sitting out there.

I’m not opposed to development. There is a time and place for everything. Honesty, integrity and fair business dealings
are core values I was brought up on. I personally don’t have the resources to fight the legalese or City for compliance
with the law. As I see it, he with the most money or threats wins. That is just not right.

I have been involved in this case since day one when the original owner bought a piece of property for way too much
money. With the help of Councilman Lingner and a prestigious law firm, the owner proceeded to cram a concept down
the throats of residents in our community to make a buck. He was in way over his head on expenses and by trumping up
the condition of the property and the costs associated with making it buildable; the foundation was formed for the
argument that higher density was warranted. The original owner spent over 5 million for the red herring and the
community knew he was going to flip.

We went through that process in 2007. A deal was brokered with Mayor Gordan to protect the community if building did
not occur within 48 months. That is the stipulation #19 – Reversion of the zoning back to S‐1. This way the new owner
would have a clean slate to work with the neighborhood. Stipulation #19, #10, #35, #43, #44 at the very least should be
kept in the PHO’s recent ruling.

The new owner is not a developer and bought the property cheap, $18, 333 per acre or $ .42 psf. That is a total of
$366,660 for the twenty acres in this discussion. The Rose Law Group tried the story of blight, dangerous ordinance,
threating Prop. 207, and submitting an off the shelf inferior flatland building envelop community that just doesn’t fit
with the surroundings. It is aesthetically unappealing and is not the right fit for our community, the proposed planned
unit community, or the original General Plan.

I am a minority, not papered with degrees or pedigree. I am a simple resident of this community that I love. We are a
diverse community with different socioeconomic backgrounds, ethnicities, and orientations. What makes this area of
Laveen special are the people that live here. We respect each other and our surroundings. We respect the wildlife, open


Page 1048
spaces, and equestrian lifestyle. Twenty years ago I uprooted from Tempe to live under the crown jewel of South
Mountain. What is being proposed on the above mentioned property is a disservice to current and future residents with
regards to density.

Trust me, I’m no Karen, this is just wrong. We need to work together to do the right thing for the community. Please
deny Case Z‐165‐06 (PHO‐1‐19) as filed on May 7, 2020 and execute the zoning reversion.

Kind regards,

Judy Brown
602.363.1312
3220 W. Ceton Drive
Laveen, AZ 85339





Page 1049
Racelle Escolar

Subject: FW: Laveen Residents Request You Deny Case Z-165-06 (PHO-1-19)


From: Tayler Bell
Sent: Tuesday, May 5, 2020 3:25 PM
To: Council District 1 PCC ; Council District 2 PCC ; Council District
3 PCC ; Council District 4 ; Council District 5 PCC
; Council District 6 PCC ; Council District 7 PCC
; Council District 8 PCC ; Mayor Gallego
; Racelle Escolar ; Sofia Mastikhina ;
Alan Stephenson ; Joshua Bednarek ; Samantha Keating
; PDD Laveen VPC ; Bret Burchard
Subject: Laveen Residents Request You Deny Case Z‐165‐06 (PHO‐1‐19)

Planning Commission Members,
I, along with my Laveen neighbors request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7. Any
revisions to this case requested by the applicant should not be considered until after the City of Phoenix enforces ordinance, G-5020,
which requires the zoning revert to S-1. The current zoning expired in 2011 and to date, the City has taken no action which is in
violation of City Zoning Ordinance, a very serious matter.

In regards to the Planning Hearing Officer (PHO) recommendations:

1). I am adamantly opposed to these four stipulations:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation should not be deleted. Instead, it
should remain as is with immediate Planning Commission action to revert the zoning. Once the reversion is complete, my neighbors
and I stand ready to develop a better plan that fits the area, with the applicant.
• Stipulation 1: The original plan is of superior quality compared to the current applicant's proposal. The original follows site
contours, provides smoother connection to the R1-18 portion to the west, and preserves views of the Estrella Mountains and South
Mountain. The original plan should remain intact as you act on the zoning reversion.
• Stipulation 10 : The 200 foot minimum landscaped setback along the east property line should remain. Due to the elevation
difference at 35th Avenue (lower) and existing terrace to the west (higher), 200 feet provides a much better buffer to screen the higher
density and 2-story product, as well as provide better buffering for the surrounding the large acre plus parcels with custom homes. The
200 foot minimum landscaped setback should remain intact as you act on the zoning reversion.
• Stipulation 35 : The terraced berms should remain. They reduce the apparent height of the exposed escarpment and can be
further stabilized and treated with compatible colors. These terraces also provide safety drop zones to intercept and debris that could
fall from the upper slopes. The original terraced stipulation should remain intact as you act on the zoning reversion.

2). Stipulation 43 and 44: I request my name and address be added to these notification stipulations so I will be formally notified of
any future actions.

3). I am supportive of PHO's recommendations for the remaining stipulations NOT noted above.

Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and Council included this
stipulation specifically to protect the neighbors and community from high density development that did not fit the area then, and does
not fit the area today.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate, approve and finally codify
the required zoning reversions action to S-1 and amend the General Plan to 0-1 Residential/Parks/Open Space to match the S-1
zoning.

Sincerely,
Tayler Burchard
11244 S. 35th Ave.
Laveen, AZ 85339




Page 1050
Dear Planning Commission Members,

I request you deny Case Z-165-06 (PHO-1-19) as filed when it comes before you on May 7, 2020.
Any revisions to this case requested by the applicant should not be considered until after the City of Phoenix
enforces ordinance, G-5020, which requires the zoning revert to S-1. The current zoning expired in 2011 and
to date the City of Phoenix has taken no action which is in violation of city zoning ordinance, a profoundly
serious matter.

Regarding the Planning Hearing Officer (PHO) recommendations:
1. I am adamantly opposed to these 4 stipulations:
• Deletion of original Stipulation 19 (zoning reversion): This zoning reversion stipulation
should not be deleted. Instead it should remain as is with immediate Planning Commission
action to revert the zoning. Once the reversion is complete, my neighbors and I stand ready to
develop a better plan that fits the area, with the applicant.

• Stipulation 1: The original plan is of superior quality compared to the current applicant’s
proposal. The original follows site contours provide smoother connection to the R1-18
portion to the west and preserves views of the Estrella Mountains and South Mountain. The
original plan should remain intact as you act on the zoning reversion.

• Stipulation 10: The 200-foot minimum landscaped setback along the east property line should
remain. Due to the elevation difference of 35th Avenue (lower) and existing terrace to the
west (higher), 200 feet provides a much better buffer to screen the higher density and 2-story
product, as well as provide better buffering for the surrounding the large acre plus parcels
with custom homes. The 200-foot minimum landscaped setback should remain intact as you
act on the zoning reversion.

• Stipulation 35: The terraced berms should remain. They reduce the apparent height of the
exposed escarpment and can be further stabilized and treated with compatible colors. These
terraces also provide safety drop zones to intercept any debris that could fall from the upper
slopes. The original terraced stipulation should remain intact as you act on the zoning
reversion.

2. Stipulations 43 and 44: I request my name and address be added to these notification stipulations so I
will be formally notified of any future actions.

3. I am supportive of PHO’s recommendations for the remaining stipulations not noted above

Again, the zoning reversion stipulation 19 of Ordinance G-5020 should not be deleted. In 2007, the Mayor and
Council included this stipulation specifically to protect the neighbors and community from a high-density
development that did not fit the area then and does not fit the area today.

Do the required and right thing. Deny Z-165-06 (PHO-1-19) as filed. Then immediately move to initiate,
approve and finally codify the required zoning reversion action to S-1 and amend the General Plan to 0-1
Residential/Parks/Open Space to match the S-1 zoning.

Sincerely,

Terry Klein
4012 W. Carver Rd
Laveen, AZ 85339




Page 1051
Racelle Escolar

From: Bret Burchard
Sent: Friday, May 8, 2020 10:12 AM
To: Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Mayor Gallego;
Racelle Escolar; Sofia Mastikhina; Alan Stephenson; Joshua Bednarek; Samantha Keating; PDD Laveen
VPC
Subject: Follow Up to Council Meeting - May 7



Mr. Chair and Members,

My name is Bret Burchard and I live at 11244 S 35th Ave in Laveen. I attended - virtually - last night’s
meeting, specifically as it related to the development project on Carver mountain. First, I want to thank you for
enduring the pains of hosting a meeting virtually. I know it wasn’t easy for you, but under the circumstances I
was able to attend while sitting on the swing on my front porch, which has an unobstructed, picturesque view of
the Phoenix skyline. While you all were diligently hearing all sides of every argument, I was watching the
Super Moon rise over South Mountain. Not to rub it in :-)

A year and a half ago my wife and I overpaid for a modified trailer as our first home because it had a 900-
square-foot front patio with panoramic views and no one encroaching on either side. The first thing any visitor
does when arriving at our house is pull out their camera to take pictures.

Part of our view looks directly at the east side of Carver Mountain, the highest density portion of the
development in question. Like Mrs. Irma Cazarez mentioned in her comments during the meeting, this is a
uniquely quiet area of Laveen Village, where neighbors take care of each other. During the meeting our dog was
standing guard, chasing coyotes out of the front yard. As I tried to fall asleep last night I couldn’t get out of my
head the idea of 92 houses crammed at the bottom of our hill. There aren't 92 houses within the eight walking
blocks of our neighborhood! The current pandemic situation has substantially increased the amount of traffic up
our dead end road since we moved in, already making it more dangerous for Irma’s kids to skateboard, the
Schroeder’s kids to ride their scooters, Katherine’s grandkids to learn to ride a bike, Mackenzie to walk her five
dogs, and G dog’s casual patrol of the nighttime wildlife. What will 92 more homes, three blocks away add on
top of that?

I specifically want to commend Commissioner Busching for taking the time to drive out here and see the area
for herself. It is certainly unique. Even since we moved in 18 months ago there have been improvements made
in the surrounding area with the extension of the 202, the Sprouts and adjacent shops, and high-density
development projects. We are excited about all of it improving the quality of our life here. Commissioner
Busching’s point of view is correct though. This is just not the place for one of those developments. Come see
for yourself.

I understand you sent the case back to the developer and the Laveen community for further discussion and
compromise. I would like to caution you in your judgement process, however. There was a comment made in
conjunction with the motion that suggested favor would be shown to the side that concedes the most in the next
iteration of the proposal. Logically, that doesn’t make sense. Hypothetically, if we concede to all of the
developer’s stipulations, does that mean you will support our opposition in the next meeting? Let me be clear, I
am not speaking on behalf of the entire Laveen community. I just went to bed puzzled by this logic.




Page 1052
Secondly, and finally, I don’t believe one of the Commissioner’s questions was adequately addressed. He can
correct me if I’m wrong, but I believe he was asking if there was actually a 48-month trigger on a previous
compromise that wasn’t honored. I believe it was Ms. Manning who made the Commission aware of this clause
that should have automatically reverted the property back to previous zoning if it wasn’t developed within 48
months of the agreement - which it wasn’t. I hope the Commission can clear up this misunderstanding amongst
the members. It seems to me as the two parties work toward more compromises, the Commission needs to also
review the documents and its scope of authority to help facilitate the correct course of action. There seemed to
be a lot of confusion on what you were and were not able to enforce, or even what you were exactly voting on,
and I don't believe the video conferencing setup assisted in clarity.

I understand you are in a very difficult position. This is a tough case to decide. The difficulty of this should spur
us on to more diligent study. My suggestion to you is come take a drive down 35th Ave. Feel free to stop by our
porch (it's the one with the red roof) and take a look. G dog doesn’t bite and you can see the whole
neighborhood from where we sit. And ask yourself, “Does it make sense? Does it fit?”

Oh yeah, and don’t forget to bring your camera.


Respectfully,

Bret Burchard





Page 1053
Racelle Escolar

From: Cyd Manning
Sent: Monday, May 11, 2020 7:43 PM
To: Racelle Escolar
Cc: Alan Stephenson; Adriana Garcia Maximiliano
Subject: Planning Commission Meeting May 7, 2020 and Z-165-06 (PHO-1-19) Item 10

Importance: High


Hi Racelle,
Please provide this letter to the Planning Commission members and Staff, as well as include it in the case file. Thank
you very much.

Best regards,
Cyd

***
Planning Commission Members and Staff,
I am writing to you today regarding the subject case heard during the May 7 Planning Commission meeting, specifically
to provide feedback on the new virtual process, address a few issues and correct a factual error made by the applicant’s
representative. I respectfully request this correspondence be added to the official case file.

Regarding feedback on the new virtual meeting process, I would like to first thank Racelle Escolar and Vikki Cipolla‐
Murillo for their excellent work coordinating all the participation and presentation details for public input. They
thoroughly and patiently answered questions, tested the system and ensured those without technology who wanted to
speak were able to do so. I would also like to thank Chairman Johnson for a job well done facilitating the session. The
meeting wasn’t without challenges, but ran pretty smoothly for the first virtual Planning Commission meeting.

Commissioner Gaynor expressed dissatisfaction with submission of written comments into the chat window of the
WebEx meeting. I want to be clear that I intended no disrespect to the Commission or disruption to the process and I
apologize if that action offended anyone. I absolutely respect the public hearing process and rules of order. I believe
that a factual error is an appropriate reason to raise a hand in order to be called upon. Thus, I utilized the raise hand
feature to correct a factual error made by Mr. Galvin and waited several minutes to be called upon. After waiting, I
submitted the written request and ultimately provided the correction so it would become part of the record. Please
reference the below screen capture. I have firsthand knowledge that the applicant did not agree to a request by
Councilmember Garcia to meet with the neighbors regarding this case.

There are two issues of great concern that occurred during the meeting:
1. With all due respect, the Commission’s request of the applicant’s representative, Mr. Galvin, to provide an
answer regarding the Commission’s authority on zoning reversions may have the appearance of bias.
 Staff clearly advised the Commission and stated that zoning reversion would be a separate action to
initiate a case to be heard as an upcoming agenda item due to posting requirements. Staff also advised
that the commission has the power to initiate a reversion if they want to do it.
 The community request has been and still is clearly consistent with what Staff advised. Again that
request has been and is to deny this current case as filed. Then, immediately initiate and ultimately
approve a zoning reversion case back to S‐1 along with a companion action to revise the General Plan
back to 0‐1 which aligns with the S‐1 zoning.
 Clearly the Commission discussion, before this question was posed to Mr. Galvin, displayed
understanding and agreement of the process to initiate a case for action on a reversion.


Page 1054
 Mr. Galvin’s opinion on reversion clouded the discussion and the community was denied equal
opportunity to address the question after respectfully submitting a raised hand, waiting with no
recognition and then submitting the request in writing. Please reference the below screen capture.
 Had the community been able to respond, I would have re‐stated Staff’s explanation and referenced the
applicable City zoning ordinance (Chapter 5, Section 506, B.1 through B.3) as well as ARS Article 6.1
Municipal Zoning, 9‐462.
 Even though the community was not afforded equal opportunity to answer the Commission’s question,
authorized City personnel are the appropriate entities who should be providing answers to the process
and Commission’s powers.

2. The lack of adequately addressing Commissioner McCabe’s question regarding the time stipulation expiration as
a clause previously adopted by Ordinance clouded the discussion.
 Unfortunately Staff did not directly or clearly provide the actual language of Ordinance G‐5020,
Stipulation 19 which states: “That approval shall be conditional upon development commencing within
48 months of the City Council approval of this change of zoning in accordance with Section 506.B.1 of the
Zoning Ordinance. For purposes of this stipulation, development shall commence with the issuance of
building permits and erection of building walls on site.”.
 This Ordinance condition of zoning approval expired in October of 2011. A required entitlement
expiration should be enforced.
 Staff did advise the Commission of the process to initiate a zoning reversion case, which is exactly what
the community has asked for many times since 2011, up to and including in this May 7 meeting.

I respectfully request Ordinance G‐5020, which was adopted by the City Council on October 10, 2007, and the minutes
from that meeting be provided to and reviewed by all Commissioners. In addition, I respectfully request review of GPA‐
LV‐1‐08‐7 – Resolution 20714. This case resulted from neighborhood requests of the City to act on their policy of
creating consistency between the General Plan and zoning classification. There is a letter in this case file from the
Planning Director at that time that states the action was taken to “ create consistency between the Land Use Map and
the approved R1‐8 zoning and to avoid creating a precedent for higher densities on the surrounding parcels.”. This
neighborhood requested City action was to ensure that an applicant wasn’t going to try and increase the R1‐8 zoning
before it could be reverted in 2011.

Your review of the above records will provide valuable context. If you also review the overwhelming number of letters
in opposition to this case, you will see there are many of us from 2007 that are still residents today. Again, we welcome
development and want and expect it to be consistent land use with the existing neighborhoods.

I sincerely appreciate Commissioner Busching’s action of getting a first‐hand look at the area to truly understand the
unique community, large lots and spacing that we want to preserve. The type of low density in this specific area of
Laveen has been carefully planned that way for well over two decades. Furthermore, low density zoning is appropriate
land use in this area and low density zoning classifications are very underrepresented in Laveen. The video of our area is
only 42 seconds long and can be played directly from this Dropbox
link: https://www.dropbox.com/s/0tfmz2e6htiasqd/Laveen.mp4?dl=0 [dropbox.com]

I would welcome and respectfully request a conversation or meeting with each individual member of the Commission. I
was significantly involved in the original case and would be happy to answer any questions. In addition, I’d be pleased
to host a tour of the area for anyone who would like to do so.

I understand this is a difficult case for everyone involved. It truly is very unfortunate that enforcement of this reversion
entitlement was overlooked or missed over the last 9+ years, even though the community requested it be done. The
fact of the matter is it is still valid today and the City has a duty and obligation to enforce it.

I sincerely appreciate your time and careful review and consideration of all information.



Page 1055
Respectfully,
Cyd Manning

3220 W. Ceton Drive
480.747.0769
sweetbeat@q.com


Attached screen capture as referenced above:





Page 1056

Page 1057

Page 1058
May 20, 2020

To: Phoenix Planning Commission

Subject: Meeting held 6PM, May 7, 2020 re: Z‐165‐05‐(PHO‐1‐19)

Thank you for providing me the opportunity on during the May 7, 2020 Planning Commission meeting to
speak for 60 seconds regarding the subject case.

First, I would like to remind the Planning Commission of its role….and I quote from your Charter below
and would draw your attention to the bolded print:

The Planning Commission makes recommendations to the City Council on all matters that might be
referred to it by the City Council concerning or relating to a comprehensive plan of City building and
improvement and recommends to the City Council, from time to time, amendments to the City Charter,
ordinances providing for the purchase of sites for City buildings; opening, widening or other changes in
streets and other public ways, and the ornamentation of such sites, streets, grounds and other public
places; and such other ordinances as it may deem necessary and proper in the premises and that may
tend in connection with such comprehensive plan to promote the public health, comfort, safety,
convenience, utility and welfare. The Planning Commission is also authorized to confer and advise with
other similar City planning commissions or county planning commissions.

It became very obvious that during the subject meeting that several members were uncomfortable with
the issue at stake here, the S1 Zoning Reversion specifically called out in Stipulation #19 which states, and
I quote:

That approval shall be conditional upon development commencing within 48 months of the City Council
approval of this change of zoning in accordance with Section 506.B.1 of the Zoning Ordinance. For
purposes of this stipulation, development shall commence with the issuance of building permits and
erection of building walls on site.

Near the end of meeting the question to Staff was asked “has any action be taken to revert this case” and
the answer was “no”. Herein lies the problem, no action has been taken by the City of Phoenix because
of Senior Leadership (specifically Alan Stephenson and his Deputy Joshua Bednarek) have unwisely,
unethically and likely illegally chosen not to enforce Reversion which is a current documented process
required in Zoning Ordinance Section 506, paragraph B 1 for this case.

Before seeking legal action on behalf of the Community I am providing EVERY opportunity for the City of
Phoenix to help remedy the lack of Senior Leadership Personal Accountability for enforcement of the
previously referenced Reversion Policy. Due to the current Covid‐19 situation a face to face meeting is
unpractical so I have contacted via e‐mail and telecon Leigh Ann Mauger, Sr. Internal Auditor, City of
Phoenix ‐ Audit Department and she has initiated a case to investigate whether the allegations that I have
made regarding the City’s refusal to follow documented Policies and Procedures (specifically Section 506
paragraph B1) have merit or basis. I provided a copy of the meeting minutes that I had with Joshua
Bednarek as the basis for my claims. I am also providing you with a copy of this document for your review.

And as a side note, it was unethical of this Committee to solicit input from only one Party regarding your
discussion of the merits of the case if the Commission elected to deny this case.




Page 1059
In addition, Mr. Gavin incorrectly provided the Commission with inaccurate and deceiving information
regarding Prop 207…..the Current Landowner was REQUIRED to sign a waiver giving up ALL rights to Prop
207 when they purchased the property so they have no future claims against Prop 207 if the property
reverts to S1 or any other zoning. When the Landowner had Mr. Gavin’s Law Firm perform their due
diligence prior to purchasing this property, they would have discovered this.

While I respect the decision that you made in an effort to have the Developer and Community “work
together” for an equitable solution I will implore the Commission one last time….when it is time to forward
this case to the City Counsel, take the ethical and morally correct action, tell the City Council the simple
facts regarding this case and recommend the following:

1. This case should have never have been brought forward…..why? Because the City of Phoenix has
chosen not to follow its own Policies and procedures specifically for Reversion because if it did,
back in 2011 (48 months after the initial zoning approval) this case should have been up for
reversion and it was never initiated. Remember, Reversion is another Public Process and it is not
a guaranteed reversion in this case back to S1, the “Reversion Process” is a series of Public
hearings to rezone the land back but it might not be accepted (likelihood is low)!
2. Based on item 1 above do no recommend approval, deny this case.
3. Create a recommendation that the City of Phoenix follow its internal processes and procedures
and initiate Reversion Action in this case.

I look forward to seeing what this Commission determines the correct course of action is for this specific
case because as the Leaders of this Commission you are held to a higher standard than rank and file
employees….you are accountable for what you know and more importantly what you should have
known….and now that you are personally aware of the alleged claims of the City of Phoenix not
following its processes and procedures (and I would ask that you personally verify this on your own, do
not take my word for it) I sincerely hope that this Commission takes the correct steps by deciding not to
be complicit with the City of Phoenix knowing full well that this case should have never existed!

Thank you for your time.

Sincerely,

John M. Bzdel
253‐549‐6826
bzdel@earthlink.net




Page 1060
Meeting Minutes with Joshua Bednarek re: Z‐165‐05‐(PHO‐1‐19)
1‐23/2020, 9AM at Mr. Bednarek's office


Answers to my questions:



 Why was there no action taken in 2011 to “revert” the properties back to S1?

o Since the early 2010’s, the City of Phoenix has reduced the number of available Staff
Personal in the Planning/Zoning Department that would handle this type of activity from
11 people to 5. With the staff shortage the focus and priorities of the Department
changed to reflect available staffing.

o There isn’t a mechanism to automatically do this.

 I asked “is Zoning Ordinance Section 506, paragraph B 1.” Is still a valid and current procedure?

o Joshua stated the City of Phoenix no longer looks at the reversion process as a
necessary process because they City believes that the original “intent” to rezone is still
valid and affords the current property owner(s) the opportunity to further develop the
property based on the City Council’s intended use.

 I then asked Joshua to read the above paragraph aloud where I underlined …”an
application shall be initiated by the Planning Commission to revert zoning to its
former classification, unless an extension of time has been granted prior to the
expiration of the period specified by the schedule of the development”. He was
familiar with this language.

 I asked Joshua to make sure that I fully understood his previous
comments based on this procedural language and asked him that even
though it is a requirement in the documented City’s Procedures to
perform the reversion, that the City has knowingly chosen not to
follow the procedure?

o Joshua waffled a bit and reiterated staffing shortages again and
that the City’s philosophy is a bit different today based on his
above comment that they want to afford Property owners full
development rights via Prop 207. I verified with Joshua that a
waiver does exist on this subject property signed by the current
Property Owner that waives Prop 207 and he then agreed that
the property owner had no rights based on Prop 207.

 I asked Joshua what he believes that the Liability may be if the City specifically
chooses not to follow or enforce their written processes and procedures? He
stated that he wasn’t a Lawyer or from the Law Department so he could fully




Page 1061
answer that question. He went on to state that in this situation, where there
are stipulations attached to Properties, that it is no different than someone who
violates a weed ordinance or stipulation….the City doesn’t have the resources to
address it.

 I shared City of Phoenix memo dated October 12, 2010 from Derek D. Horn to Planning
Commission Members and asked if this process that was outlined is still current?

o Joshua stated that the City does not have the resources to undertake the process and as
stated previously, the focus on reversion and the philosophy behind it is different today.

 I asked if I was to review the Metric’s Deck reviewed by Alan at his Staff
Meetings would I see any of the Department metrics include reversion?

 Joshua stated no that no metrics would be available today for the
reversion process because it is not tracked, monitored or reviewed.

 I shared that the Community was concerned that the due to the City’s focus on not following it’s
documented process and procedure that this indicates a bias and it does not afford ALL
stakeholders the opportunity to voice concerns regarding City processes that “should have been
followed” and are not.

o Joshua didn’t fully understand this because he believes Zoning/Planning processes via
the PHO as in this case are available to hear Community input. I reiterated that the PHO
process is clearly for addressing stipulations ONLY and NOT a rezoning discussion and
that Adam Stranier (the PHO in this case) made this VERY clear. Joshua went on to say
that even if the City followed a reversion process, as in this case, that it still has to go
through the Public Posting processes and that “automatic” reversion isn’t a guarantee
because the current property owner has an input as well as the Community and the City
Council.

o I then counter this response and asked a “hypothetical” question…”in this case, if the
the Reversion Process to address the Property Owners concerns as well as those of the
Community and City Council, aren’t ALL stakeholders better served since the potential
outcome has the benefit of ALL stakeholders’ inputs and the City would ALSO be
compliant with it’s documented processes and procedures”? I also added that the
current property owner could also create/add/delete/propose whatever they want
because the flood gate is open…a clear benefit for them as well.

 Joshua had to think about this for a moment before responding and indicated
that this could be a viable path. Based on his comment I asked him if he was
ready to commit for the City that he would do this in this specific case and he
quickly responded that he could not influence the opinion/outcome of the PHO
officer in this case.

 I then asked if he should run this past Legal as an opportunity to be
compliant with documented processes and procedures in the event that




Page 1062
this case gets legally challenged and he responded that he didn’t think
so.

o Joshua stated that even if the PHO ruled in favor of the subject
case that any stakeholder has 7 days to appeal the decision to
the City Council and could propose the ”hypothetical” question
to the City Council that I did to Joshua.

 I asked if I could suggest this “hypothetical” path to the PHO in this
case?

o Joshua stated that he could only take comments that were
made public at the hearing and not after the fact.

 I countered with “Adam stated that he needed to take
this under advisement and review all relevant facts and
data…..isn’t the potential path I proposed one of them?

 Joshua countered with he (the PHO) could
come to that same conclusion.

Unfortunately we ran out of time and our meeting concluded.



John Bzdel

253‐549‐6826




Page 1063
Racelle Escolar

From: D M
Sent: Saturday, June 6, 2020 7:12 PM
To: PDD Laveen VPC; Racelle Escolar; Joshua Bednarek; Alan Stephenson
Subject: To Council Members re: Quarry Case Decision 165 - 06

Follow Up Flag: Follow up
Due By: Tuesday, June 9, 2020 4:00 PM
Flag Status: Completed


Good afternoon,
I was present online at the planning meeting on Thurs June 4 and wanted to tell you what a disappointment the
commission's decision was to approve the Quarry Case Z‐165‐06.
After all the patting on the back you did of yourselves and appreciating all of us for our passion, your decision was still
wrong.
If any of you lived on the south side of the Quarry you would be fighting to oppose the type of density that was
approved.
I'm actually surprised with the amount of opposition that this had, not more of your members came around to see our
area. It really goes to show that if it doesn't affect you personally, then the party with the most money wins.
And, because there has been no past case in prior zoning reversions, it doesn't mean that the committee has a right to
overlook and not enforce the intent.
I'm disheartened by your committee's decision but I'm thankful for great neighbors that will continue to appeal this for
our community.

Darcy Meyer
3535 W Bohl St
Laveen, AZ 85339





Page 1064
ATTACHMENT H




ADDENDUM A
Staff Report: PHO-1-19--Z-165-06-7(8)
June 25, 2020

LOCATION: Northwest corner of 35th Avenue and Carver Road

APPLICANT: Jennifer Hall, Rose Law Group

REPRESENTATIVE: Tom Galvin, Rose Law Group

OWNER: Virtua 35th, LLC

REQUEST: 1) Modification of Stipulation 1 regarding general
conformance to the site plan date stamped October 8,
2007 and elevations date stamped February 20, 2007.

2) Modification of Stipulation 7 regarding the landscape
setback adjacent to 35th Avenue.

3) Deletion of Stipulation 19 regarding conditional
development approval.

4) Modification of Stipulation 27 regarding height of terraced
berms along the quarry cut slope base.

5) Modification of Stipulation 31 regarding raised, vertical
curbs within the R1-18 portion of the site.

6) Modification of Stipulation 37 regarding detached
sidewalks and landscape strips within the R1-8 portion of
the site.

7) Deletion of Stipulation 39 regarding one-story homes
along 35th Avenue.

8) Technical corrections to Stipulations 4, 5, 6, 8, 9, 15, 18,
20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 33, 34, 36, 38, 40.

9) Modification of original Stipulation 3 (proposed Stipulation
5) regarding maximum number of lots in the R1-8 portion
of the site.

STAFF Approval, per the Planning Commission recommendation
RECOMMENDATION: with a modification.


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Addendum A Staff Report – PHO-1-19--Z-165-06-7(8)
July 1, 2020 City Council


On January 13, 2020, the Laveen Village Planning Committee recommended denial of
the request by an 11 to 0 vote. Their motion also included a request that the Planning
Hearing Officer (PHO) recommend to the Planning Commission to initiate a zoning
reversion for the site.

On January 15, 2020, the PHO took this case under advisement. On February 13, 2020,
the PHO took this case out from under advisement and recommended denial as filed
and approval with modifications and additional stipulations.

On May 7, 2020, the Planning Commission continued the request to the June 4, 2020
Planning Commission hearing by an 8 to 0 vote. The continuance was granted to allow
the applicant to work on a compromise with the community.

The applicant met with community members and revised their plan from 92 lots as
shown on the site plan date stamped November 21, 2019 to 63 lots as shown on the
site plan date stamped May 26, 2020. The changes on the revised site plan required
modifications to the stipulations recommended by the PHO.

A staff memo was issued prior to the Planning Commission hearing that addressed the
revised site plan and recommended modifications to Stipulation No. 1 regarding general
conformance to a site plan and Stipulation No. 47 regarding specific lots to be limited to
a maximum of 20 feet in height. The modification to Stipulation No. 1 requires that the
R1-8 portion of the development be in general conformance with the revised site plan
date stamped May 26, 2020. The modification to Stipulation No. 47 updates the specific
lot numbers that are to be limited to 20 feet in height.

On June 7, 2020, the Planning Commission recommended approval, per the staff memo
dated June 4, 2020 with a modified stipulation by an 8 to 0 vote. Commissioner
Busching, who made the motion, also directed the applicant to modify the application
prior to the City Council meeting to modify Stipulation No. 5 (originally Stipulation No. 3)
to reflect the number of lots on the revised site plan. Her motion included a modification
to Stipulation No. 6 to reduce the useable open space from 12 percent (which was
recommended by the PHO) to 8 percent to reflect the open space provided on the
revised site plan.

The applicant has revised their application to modify Stipulation No. 5 (originally No. 3)
as directed by the Planning Commission. The stipulation currently limits the number of
units on the R1-8 portion of the site to 99 lots. The applicant is now requesting to modify
the stipulation to limit the number of lots to 63 to be consistent with their revised site
plan.

Staff is supportive of this modification and recommends approval of the PHO request
per the Planning Commission recommendation with the modification as requested by
the applicant. The stipulations below reflect the revised staff recommendation.




Page 1066
Addendum A Staff Report – PHO-1-19--Z-165-06-7(8)
July 1, 2020 City Council


STIPULATIONS

General

1. That development shall be in general conformance with the site plan date
stamped October 8, 2007, and elevations date stamped February 20, 2007, as
modified by the following stipulations, and as approved by the Development
Services Department.

1. THE R1-8 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019 MAY 26, 2020, AS
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC
REGARD TO THE FOLLOWING:

A. THE DEVELOPER SHALL PROVIDE A PRIMARY ROADWAY FROM
35TH AVENUE EXTENDED TO THE WESTERN PROPERTY
BOUNDARY, AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

B. THE PRIMARY ROADWAY CONNECTING 35TH AVENUE TO THE
WESTERN EDGE OF THE PROPERTY LINE SHALL TERMINATE AS
A STUB STREET TO THE ADJACENT UNDEVELOPED LAND TO
THE WEST TO PROVIDE FOR A FUTURE VEHICULAR
CONNECTION.

2. CONCEPTUAL ELEVATIONS FOR THE R1-8 DEVELOPMENT 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 R1-18 DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE
WITH THE SITE PLAN DATE STAMPED OCTOBER 8, 2007, AND
ELEVATIONS DATE STAMPED FEBRUARY 20, 2007, AS MODIFIED BY
THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

2. 4. That dDevelopment of the R1-18 portion of the site shall not exceed 22 lots.

3. 5. That dDevelopment of the R1-8 portion of the site shall not exceed a density of
99 63 lots.




Page 1067
Addendum A Staff Report – PHO-1-19--Z-165-06-7(8)
July 1, 2020 City Council


6. THE R1-8 DEVELOPMENT SHALL PROVIDE A MINIMUM OF 26% OPEN
SPACE, OF WHICH A MINIMUM OF 12 8% SHALL BE USABLE OPEN
SPACE, AS APPROVED OR MODIFIED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

Site Design

4. 7. That uUnobstructed pedestrian access (for the purpose of private pedestrian
connectivity internal to the site) between the R1-18 and R1-8 portions of the
site shall be provided, as approved by the PLANNING AND Development
Services Department.

5. 8. That nNo solid wall in excess of three feet in height as measured from the
finished grade, shall be located on the site (either in private lots or common
tracts) except that solid walls greater than three feet in height shall be allowed
for the following purposes, as approved by the PLANNING AND Development
Services Department.

a. Walls utilized to screen utilities, trash enclosures, or other facilities
generally considered to be visually obtrusive.

b. Retaining wall.

6. 9. That nNo more than 60,000 square feet of natural turf area shall be located
within the common areas of the R1-8 portion of the site (this requirement does
not apply to synthetic turf); if provided, common area natural turf should be
centrally located and grouped so as to create one contiguous natural turf
recreation area, as approved by the PLANNING AND Development Services
Department.

7. That a 235-foot (average), 200-foot (minimum) THE DEVELOPMENT SHALL
10. PROVIDE A MINIMUM 100 FOOT landscaped setback ALONG THE EAST
PROPERTY LINE adjacent to 35th Avenue shall be provided, as approved by
the PLANNING AND Development Services Department.

8. That a A 50-foot (minimum) landscaped setback adjacent to Carver Road (final
11. alignment) shall be provided, as approved by the PLANNING AND
Development Services Department.

9. That tThose portions of spider and jeep trails which are not part of the
12. approved grading envelopes, access drives, or other necessary site
disturbance related to the proposed development of the R1-8 portion of the
site shall be re-vegetated in a manner consistent with adjacent undisturbed
vegetation, as approved by the PLANNING AND Development Services
Department.



Page 1068
Addendum A Staff Report – PHO-1-19--Z-165-06-7(8)
July 1, 2020 City Council




Disclosures

10. That pPrior to final site plan approval, the property owner shall record
13. documents that disclose to tenants of the site or purchasers of property within
the site, the existence, proximity, and operational characteristics of active
agricultural uses and non-domesticated animal keeping. The form and content
of such documents shall be according to the templates and instructions
provided, which have been reviewed and approved by the City Attorney.

14. THAT PRIOR TO FINAL SITE PLAN APPROVAL, THE PROPERTY OWNER
SHALL RECORD DOCUMENTS THAT DISCLOSE TO TENANTS OF THE
SITE OR PURCHASERS OF PROPERTY WITHIN THE SITE, THE
EXISTENCE, PROXIMITY, AND OPERATIONAL CHARACTERISTICS OF
ACTIVE AVIATION USES IN THE HANGAR HACIENDAS UNITS ONE, TWO,
AND THREE SUBDIVISIONS LOCATED APPROXIMATELY 2,300 FEET TO
THE EAST OF THE SUBJECT PROPERTY IN MARICOPA COUNTY. 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.

Parks and Recreation

11. That tThe developer shall dedicate a multi-use trail easement and construct a
15. multi-use trail, per adopted standards, along the north side of Carver Road, as
approved by the Parks and Recreation Department.

Archaeology

12. That tThe applicant shall complete an archaeological survey report of the
16. development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, or grading.

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.



Page 1069
Addendum A Staff Report – PHO-1-19--Z-165-06-7(8)
July 1, 2020 City Council




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.

Street Transportation

13. That rRight-of-way totaling 55 feet shall be dedicated for the west half of 35th
20. Avenue, as approved by the Street Transportation Department. 35th Avenue
shall be constructed using rural streets standards similar to Dobbins Road, as
approved by the Street Transportation Department.

14. That rRight-of-way totaling 55 feet shall be dedicated for the west half of
21. Carver Road, as approved by the Street Transportation Department. Carver
Road shall be constructed using rural streets standards similar to Dobbins
Road, as approved by the Street Transportation Department.

22. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR 35TH AVENUE
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

23. THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY FOR CARVER ROAD
AS DETERMINED BY THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) AND AS APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

15. That aA traffic impact study shall be submitted to, and approved by, the Street
24. Transportation Department prior to PLANNING AND Development Services
Department preliminary site plan approval. That all right-of-way dedications
and associated infrastructure improvements as recommended by the traffic
impact study shall be installed by the developer, as approved by the
PLANNING AND Development Services Department.

16. That tThe developer shall construct all streets within and adjacent to the
25. development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as modified by these
stipulations, and as approved by the Street Transportation Department. All
improvements shall comply with all AmericanS with Disabilities Act
accessibility standards.

17. That tThe applicant shall complete and submit the Developer Project
26. Information Form for the Maricopa Association of Governments Transportation



Page 1070
Addendum A Staff Report – PHO-1-19--Z-165-06-7(8)
July 1, 2020 City Council


Improvement Program. This form is a requirement of the Environmental
Protection Agency to meet clean air quality requirements.

18. That pPrior to preliminary site plan approval, the landowner shall execute a
27. Proposition 207 waiver of claims utilizing the provided template. The waiver
shall be recorded with the Maricopa County Recorder’s Office and a copy shall
be provided to the PLANNING AND Development Services Department for the
case files.

19. That approval shall be conditional upon the development commencing within
48 months of the City Council approval of this change of zoning in accordance
with Section 506.B.1 of the Zoning Ordinance. For purposes of this stipulation,
development shall commence with the issuance of building permits and
erection of the building walls on site.

Neighborhood

20. That bBuilding pad cuts shall be terraced if more than 6 feet in height and
28. treated with a stain, gunnite, or equivalent finish, as approved by the
PLANNING AND Development Services Department.

21. That aAll two story homes, within the R1-18 portion of the site, shall be
29. designed in a manner such that the square footage of the second story floor
area does not exceed 66 percent of the first story floor area does not exceed
66 percent of the first story floor area, as approved by the PLANNING AND
Development Services Department.

22. That cConcrete channels shall be designed to look natural in the desert setting
30. through color, texture, landscaping, or other means, as approved by the
PLANNING AND Development Services Department.

23. That tThe use of riprap and engineered culverts shall be minimized and, where
31. utilized, shall be integrated with the desert setting through color, texture, soil
plating, landscaping, or other means, as approved by the PLANNING AND
Development Services Department. To the extent possible, culverts shall be
undersized to allow minor flows (10 cfs or smaller) to cross roadways in their
natural condition.

24. That wWashes with a one-hundred-year peak flow of 200 cfs or greater shall
32. be preserved and enhanced with native vegetation as described in Appendix
A, Approved Plant Species List for Sonoran Preserve Edge Treatment
Guidelines, as approved by the PLANNING AND Development Services
Department.

25. That lLots with 2 or more sides abutting undisturbed open space shall be
33. designed with obtuse angles, rather than right angles or acute angles, as



Page 1071
Addendum A Staff Report – PHO-1-19--Z-165-06-7(8)
July 1, 2020 City Council


approved by the PLANNING AND Development Services Department.

26. That oOn non-hillside lots within the R1-18 portion of the development, all
34. improvements, including driveways, landscaping, and underground utilities
shall be located within a building envelope occupying no more than 50 percent
of the lot up to a maximum of 20,000 square feet, whichever is less, as
approved by the PLANNING AND Development Services Department.

27. That a A minimum of three terraced berms with 2:1 fill slopes shall be installed
35. along the full length of the quarry cut slope base. The terraces shall BE
LIMITED TO A MAXIMUM HEIGHT OF be 8 feet tall, minimum, and shall be
PLANTED plated with a staggered combination of 2-inch and 4-inch caliper,
drought resistant, deciduous trees at 25 feet ON center OR IN EQUIVALENT
GROUPINGS to center, as approved OR MODIFIED by the PLANNING AND
Development Services Department.

THE DEVELOPER MAY ALSO IMPLEMENT ALTERNATIVE SOLUTIONS
FOR THE NATURALIZING AND BLENDING OF THE QUARRY CUT SLOPE
WITH THE ADJACENT UNDISTURBED HILLSIDE AREA, AS APPROVED
OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

28. That sSolid block walls, except for retaining walls or privacy fencing on
36. individual lots, shall not be constructed outside of the building envelopes for
the R1-18 portion of the site, as approved by the PLANNING AND
Development Services Department. Fencing constructed outside of the
building envelope shall be combination solid/view fencing. In addition, all
fencing above the 15 percent slope line shall be 100 percent view fencing.

29. That tThe entire 60-acre site shall have no perimeter fencing, as approved by
37. the PLANNING AND Development Services Department.

30. That pPrivate roadways within the R1-18 portion of the site shall be provided
38. with ribbon curbs and colored asphalt, as approved by the PLANNING AND
Development Services Department.

31. That private roadways within the R1-8 portion of the site shall be provided with
39. a raised, vertical curb, as approved by the Development Services Department.

32. That aAll HVAC units shall be ground mounted.
40.

33. That aAll street lighting and wall mounted security fixtures shall be full cut off
41. lighting. Fixture height shall be a maximum of 12 feet. Street lighting fixtures
shall be decorative and have a consistent architectural theme, as approved by
the PLANNING AND Development Services Department.




Page 1072
Addendum A Staff Report – PHO-1-19--Z-165-06-7(8)
July 1, 2020 City Council


34. That bBollards shall be used for accent lighting at the primary access, entry
42. monument, driveways, and trail crossings, as approved by the PLANNING
AND Development Services Department. Photovoltaic energy sources for
bollard lighting shall be provided.

35. That aAny request to delete or modify these stipulations SHALL be preceded
43. by A presentation to the Laveen Village Planning Committee (VPC) for review
and recommendation, and notification to the following persons two weeks prior
to presentation at the VPC:

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

36. That tThe following individuals shall be notified of any and all PLANNING AND
44. Development Services Department (DSD) meetings which are open to the
public. The applicant shall be responsible for notification to the following via a
first-class letter to be mailed at least two weeks prior to the DSD meeting(s):

a. Jon Kimoto, 3216 West Ansell Road, Laveen, 85339

b. Cyd Manning, P.O. Box 41234, Mesa, 85274

c. Judy Brown, P.O. Box 41234, Mesa, 85274

d. Christine Dicken, 10827 South 30th Avenue, Laveen, 85339

e. Richard Birnbaum, 11014 South 35th Avenue, Laveen, 85339

f. Phil Hertel, 2300 2845 West Broadway Road, Phoenix, 85041

g. Steven Klein, 6820 South 66th Avenue, Laveen, 85339

37. That aAll sidewalks, within the R1-8 portion of the site, WHICH ARE
45. DEVELOPED ALONG STREETS DEVELOPED AS PUBLIC STREETS OR
PRIVATE ACCESSWAYS shall be detached with a minimum five-foot wide



Page 1073
Addendum A Staff Report – PHO-1-19--Z-165-06-7(8)
July 1, 2020 City Council


landscaped strip located between the sidewalk and back of curb and shall
include minimum two-inch caliper shade trees planted a minimum rate of 20
feet on center or IN equivalent groupings along both sides of the sidewalk, as
approved OR MODIFIED by the PLANNING AND Development Services
Department. The landscape strip shall be installed by the developer and
maintained by the homeowners’ association.

38. That aA mix of two and three-inch caliper trees shall be provided within all
46. required common open space tracts. With the exception of the open space
area adjacent to 35th Avenue, the species of trees provided shall shade 50
percent of the area of the open space at tree maturity, as approved by the
PLANNING AND Development Services Department.

39. That only one-story homes shall be located along 35th Avenue.
47. LOTS 52-61 AND 82-83 1-7, LOCATED ALONG 35TH AVENUE AND AS
DEPICTED ON THE SITE PLAN DATE STAMPED NOVEMBER 21, 2019
MAY 26, 2020, ARE LIMITED TO A MAXIMUM BUILDING HEIGHT OF 20
FEET, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

40. That aA detailed site plan, landscaping plan, elevations, perimeter fence or
48. wall plan, lighting plan, and entry monument signage shall be reviewed by the
Laveen Village Planning Committee prior to preliminary site plan approval by
the PLANNING AND Development Services Department.

Exhibit
Site Plan date stamped May 26, 2020




Page 1074
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
(CONTINUED FROM MAY 19, 2021) - Public Hearing and Ordinance Adoption -
Amend City Code - Rezoning Application Z-56-20-4 - Southeast Corner of 3rd
Avenue and Coolidge Street (Ordinance G-6853)

Request to hold a public hearing on a proposal to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-56-20-4 and rezone the site from R-3 (Multifamily Residence District)
and R-5 (Multifamily Residence District) to PUD (Planned Unit Development) for
multifamily residential.

Summary
Current Zoning: R-3 (Multifamily Residence District) (0.18-acres) and R-5 (Multifamily
Residence District) (3.11 acres)
Proposed Zoning: PUD
Acreage: 3.29 acres
Proposed Use: A Planned Unit Development to allow multifamily residential

Owner: Donor Network of Arizona
Applicant: Trinsic Residential Group, Todd Gosselink
Representative: Withey Morris, PLC, Jason Morris

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Alhambra Village Planning Committee heard this case for WU Code
zoning on Jan. 26, 2021 and recommended approval, per the staff recommendation,
by a vote of 15-1.
PC Action: The Planning Commission heard this case for WU Code zoning on Feb. 4,
2021 and recommended approval, per the Alhambra Village Planning Committee
recommendation with an additional stipulation, by a vote of 7-1.
The Planning Commission recommendation was appealed on Feb. 10, 2021 and a
petition for a 3/4 vote was submitted on Feb. 11, 2021.
Council Action: Item was continued from March 3 and 17, 2021. On April 7, 2021 the
amend the request to a Planned Unit Development (PUD) zoning application.




Page 1078

PC Action: The Planning Commission heard this case for PUD zoning on May 6, 2021
and recommended approval per the Addendum A Staff Report, with a modified
stipulation and additional stipulations, by a vote of 6-3.

Location
Southeast corner of 3rd Avenue and Coolidge Street
Council District: 4
Parcel Addresses: 201 W. Coolidge St.

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




Page 1079
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(Z-56-20-4) FROM R-3 (MULTIFAMILY RESIDENCE DISTRICT)
AND R-5 (MULTIFAMILY 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 3.29-acre property located at the southeast

corner of 3rd Avenue and Coolidge Street, in a portion of Section 20, Township 2 North,

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

0.18-acres of “R-3” (Multifamily Residence District) and 3.11 acres of “R-5” (Multifamily

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 1080
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 Aura Uptown 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 April 29, 2021,
as modified by the following stipulations:

a. Front cover: Revise the submittal date information on the bottom
to add the following: City Council adopted: [add adoption date].

b. Page 8, Development Standards Table, Building Height: Modify
building height standard to read as follows:

North Street Frontage/West Street
Frontage: 48 feet
(units along the north and west)
East Frontage/South Frontage: 56 feet

c. Page 8, Development Standards Table, Minimum Open Space:
Modify minimum open space standard to read as follows:

15% publicly accessible open space
5% general open space
(including canalscape)

d. Page 9, Landscape Development Standards Table, Canalscape;
Modify the first bullet point to read as follows: A publicly
accessible landscaped greenspace area shall be provided
adjacent to the Arizona Grand Canal Trail on the south side of
the property. At minimum, the green space area will measure
4,800 square feet, 15 feet in depth for a distance of 260 feet, 7
feet in depth for a distance of 70 feet, and shall be generally
consistent with the landscape plan in Exhibit 7. A minimum of 3
pedestrian amenities, which could include but are not limited to,
benches and shade canopies shall be provided within the
landscape area.

e. Page 9, Landscape Development Standards Table, Streetscape
(Coolidge Street and 3rd Avenue Frontages); Add a bullet point
to read as follows:
Half of the trees along the north and west perimeter shall be
salvaged, and if unsalvageable they must be replaced with a
minimum 4-inch caliper tree or two 2-inch caliper trees.



Page 1081
2. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps,
streetlights, median islands, landscaping and other incidentals, as per
plans approved by the Planning and Development Department. All
improvements shall comply with all ADA accessibility standards.

3. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on
panel 1740 L of the Flood Insurance Rate Maps (FIRM) dated October
16, 2013. 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 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 shall be submitted to
the Floodplain Management section of Public Works Department
for review and approval of Floodplain requirements.

c. The developer shall provide a FEMA approved CLOMR-F or
CLOMR prior to issuance of a Grading and Drainage permit.

4. The property owner shall record documents that disclose the existence,
and operational characteristics of Phoenix Sky Harbor Airport to future
owners or tenants of the property. The form and content of such
documents shall be according to the templates and instructions
provided which have been reviewed and approved by the City Attorney.

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

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

7. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded
with the Maricopa County Recorder's Office and delivered to the City to
be included in the rezoning application file for record.



Page 1082
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 19th day of May 2021.




________________________________
MAYOR




ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager


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




Page 1083
EXHIBIT A

LEGAL DESCRIPTION FOR Z-56-20-4

A PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 2
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CALCULATED CENTER CORNER OF SAID SECTION
20, BEING THE INTERSECTION OF CENTRAL AVENUE AND CAMPBELL
AVENUE AS REFERENCED IN THE MONUMENT CORNER TIES FOR LINE
SECTION 2 CENTRAL PHOENIX LIGHT RAIL TRANSIT PROJECT, IN
DOCUMENT 2009-0003295, RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE NORTH 89 DEGREES 31 MINUTES 20 SECONDS WEST, ALONG
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 20,
A DISTANCE OF 1,318.52 FEET TO A CITY OF PHOENIX BRASS CAP
FLUSH “RLS 39131” MARKING THE CENTERLINE OF 3RD AVENUE AND
CAMPBELL AVENUE;
THENCE NORTH 00 DEGREES 06 MINUTES 20 SECONDS WEST, ALONG
THE CENTERLINE OF SAID 3RD AVENUE, A DISTANCE OF 564.11 FEET
TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 06 MINUTES 20 SECONDS
WEST ALONG SAID LINE, A DISTANCE OF 416.71 FEET TO THE
CENTERLINE OF 3RD AVENUE AND COOLIDGE STREET, BEING SOUTH
1.69 FEET AND 3.40 FEET OF TWO CITY OF PHOENIX BRASS CAPS;
THENCE SOUTH 89 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG
THE CENTERLINE OF SAID COOLIDGE STREET A DISTANCE OF 358.31
FEET, BEING 966.10 FEET WEST OF THE INTERSECTION OF CENTRAL
AVENUE AND COOLIDGE STREET;
THENCE SOUTH 00 DEGREES 15 MINUTES 25 SECONDS WEST, A
DISTANCE OF 348.85, FEET DEPARTING SAID COOLIDGE STREET, ALONG
THE EAST LINE OF PARCEL 1 OF THAT SPECIAL WARRANTY DEED
RECORDED IN 2001-0882094, AND THE SOUTHERLY PROLONGATION
THEREOF, TO A POINT 25 FEET SOUTHERLY OF THE SOUTHERLY LINE
OF SAID PARCEL 1, MEASURED AT 90 DEGREES;
THENCE ALONG A 25 FOOT SOUTHERLY OFFSET OF THE SOUTH LINES
FOR LOTS 15, 17 AND 19 OF ‘SUBURBAN ACRES’ AS RECORDED IN
BOOK 13, PAGE 22 RECORDS OF MARICOPA COUNTY, ARIZONA,
SOUTH 72 DEGREES 19 MINUTES 53 SECONDS WEST, DISTANCE OF
65.89 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY OFFSET, SOUTH 74
DEGREES 12 MINUTES 10 SECONDS WEST, A DISTANCE OF 147.10 FEET;




Page 1084
THENCE CONTINUING ALONG SAID SOUTHERLY OFFSET, SOUTH 78
DEGREES 50 MINUTES 02 SECONDS WEST, A DISTANCE OF 123.95 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 40 SECONDS WEST, A
DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 142,789 SQUARE FEET OR 3.278 ACRES, MORE OR
LESS.




Page 1085
Page 1086
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Staff Report Z-56-20-4
January , 2021

Alhambra Village Planning Committee January 26, 2021
Meeting Date:
Planning Commission Hearing Date: February 4, 2021
Request From: R-3 (Multifamily Residence District)
(0.18 acres) and R-5 (Multifamily
Residence District) (3.11 acres)
Request To: WU Code T5:5 UT (Walkable Urban
Code, Transect 5:5, Uptown Character
Area) (3.29 acres)
Proposed Use: Multifamily Residential
Location: Southeast corner of 3rd Avenue and
Coolidge Street
Owner: Donor Network of Arizona

Applicant: Trinsic Residential Group, Todd
Gosselink
Representative: Withey Morris PLC, Jason Morris

Staff Recommendation: Approval, subject to stipulations

General Plan Conformity

Residential 15+
General Plan Land Use Map Designation
Dwelling Units Per Acre


Local Varies from 30 to 40
3rd Avenue
Street foot east half street
Street Map
Classification
Local Varies from 25 to 30
Coolidge Street
Street foot south half street




Page 1087
Staff Report: Z-56-20-4
January 20, 2021




CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Promote and encourage compatible development and
redevelopment with a mix of housing types in neighborhoods close to
employment centers, commercial areas, and where transit or transportation
alternatives exist.
The development, as proposed, will create new housing opportunities in the area and
within close proximity to a light rail station, the educational facilities, and the North
Central Avenue Employment Center, especially via the Grand Canal Multiuse Trail.

CONNECT PEOPLE AND PLACES CORE VALUE; COMPLETE STREETS;
DESIGN PRINCIPLE: Locate parking to the rear of a site to create a more
pedestrian environment, when adequate shielding from noise and light can be
provided to adjacent established neighborhoods. On-street parking in some
areas may also promote a pedestrian environment.
The development, as required by provisions of the Walkable Urban Code, will situate
buildings to frame the street environment with vehicle parking lots situated at the
interior of the site and to allow for the creation of a comfortable pedestrian
environment along the public streets. Further, the development, as stipulated, will
screen parking from the Grand Canal and its multiuse trail.

BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREE AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.
The development, as stipulated, will create an attractive streetscape with detached
and shaded sidewalks. The shade incorporated into the development along its
frontages will reduce the urban heat island effect and increase thermal comfort which
will make the area more walkable, bikeable, and sustainable.

CONNECT PEOPLE AND PLACES CORE VALUE; BICYCLES; DESIGN
PRINCIPLE: Development should include convenient bicycle parking.
The development, as stipulated, includes bicycle parking and bicycle facilities as a
central component of the project to facilitate bicycling as a way of life. Features
include secure bicycle parking for residents, convenient racks for guests, and a
bicycle repair station situated as a public amenity; together, these features will
complement the Grand Canal and its multiuse trail.




Page 1088
Staff Report: Z-56-20-4
January 20, 2021




CONNECT PEOPLE AND PLACES CORE VALUE; CANALS AND TRAILS;
LAND USE PRINCIPLES: Plan, design, and develop pedestrian linkages
between parks, open spaces, village cores, neighborhood shopping centers,
neighborhood schools, and neighboring municipalities.
The subject site is immediately adjacent to the Grand Canal which recently was
improved through the Canalscape Project and provides regional connectivity, direct
connections to Phoenix Central High School, the Phoenix Coding Academy, Xavier
&ROOHJH3UHSDUDWRU\, Brophy &ROOHJH3UHSDUDWRU\, Steele Indian School Park, and
access to Central Avenue and the rail. The development, as stipulated, will add
vitality to this section of the Grand Canal and its multiuse trail as a community asset.


Applicable Plans, Overlays, and Initiatives

Transit Oriented Development Strategic Policy Framework: Background Item No.
5.
Uptown Transit Oriented Development Policy Plan: Background Item No. 6.
Tree and Shade Master Plan: Background Item No. 9.
Complete Streets Guidelines: Background Item No. 10.
Comprehensive Bicycle Master Plan: Background Item No. 11.
Housing Phoenix: Background Item No. 12.
Reimagine Phoenix: Background Item No. 13.


Surrounding Land Uses and Zoning
Land Use Zoning
On Site Office R-3 and R-5
East Multifamily R-5
North (across Coolidge
Various residential R-3 and R-5
Street
South (across the
Multifamily R-4
Grand Canal)
West Single-family residential R-3




Page 1089
Staff Report: Z-56-20-4
January 20, 2021




Walkable Urban Code
Transect 5:5 UT
Provisions on the
Standards Requirements
Proposed Site Plan
Gross Acreage No minimum 3.29
Total Number of Units No maximum 218 units
Density No maximum 66.26
Building Height 56 foot maximum 56 feet (Met)
Parking Structure Height Cannot exceed building height 58 feet (Not Met*)
Streetscape Standards (Section 1312.E)
Minor Collector and Local Minimum sidewalk width: 5 feet 5 feet (Met)
Streets Minimum landscape width: 5 5 feet (Met)
feet (if no public utility conflict)
Main Building Setbacks
Primary Frontage (Coolidge 12 foot maximum Varies but less than
Street) 12 feet (Met)
Secondary Frontage (3rd 10 foot maximum 10 feet (Met)
Avenue)
Non Street (South and East) 0 foot minimum 15 feet and 10 feet
respectively (Met)
Parking Setbacks
Primary Frontage 30 foot minimum or behind Behind building
building (Met)
Secondary Frontage 20 foot minimum with a 10 foot Behind building
landscape setback measured (Met)
from the street right of way
Rear (West) 0 foot minimum Behind building
(Met)
Lot Requirements
Lot Coverage 80 percent maximum 73 percent (Met
Primary Building Frontage 70 percent minimum 94 percent (Met)
Secondary Building Frontage 50 percent minimum 83 percent (Met)




Page 1090
Staff Report: Z-56-20-4
January 20, 2021




Walkable Urban Code
Transect 5:6 UT (Cont.)
Provisions on the
Standards Requirements
Proposed Site Plan
Frontage Types Allowed
Primary Frontage All frontages or alternative Storefront and
(Coolidge Street) frontages as per Section Stoop / Doorwell,
1305.B.1.c Met)
Secondary Frontage All frontages or alternative Stoop / Doorwell,
(3rd Avenue) frontages as per Section Met)
1305.B.1.c
Entry Requirements Common Entry: minimum one Not provided.
per 50 feet of primary building
frontage and one per 80 feet of
secondary frontage.

Other frontages as per Table
1305.1
Glazing Requirements Ground floor and second floor Not provided.
T4 standards apply for 25 percent minimum.
multifamily
Second floor (east and west):
10 percent minimum

Upper floors: not applicable
*Site plan adjustment required

Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone 3.29 acres at the southeast corner of 3rd Avenue and
Coolidge Street from R-3 (Multifamily Residence District) and R-5 (Multifamily
Residence District) to WU Code T5:5 UT (Walkable Urban Code Transect 5:5,
Uptown Character Area).

SURROUNDING LAND USES AND ZONING
2. The proposed zoning of WU Code T5:5 UT (Walkable Urban Code Transect 5:5,
Uptown Character Area) permits a maximum height of 56 feet. The site is
currently developed with an office building. The Zoning Context Map depicts the
zoning entitlements of the subject site and the surrounding area.




Page 1091
Staff Report: Z-56-20-4
January 20, 2021




East: Immediately east of Title: Zoning Context Map
the subject site is a
multifamily complex which
is zoned R-5 (Multifamily
Residence District). The
zoning permits a maximum
height of 48 feet but the
existing buildings do not
exceed three stories in
height.

West: West of the subject
site across 3rd Avenue are
residential structures of a Source: Planning and Development Department
single-story and single
-family detached character. The R-3 (Multifamily Residence District) zoning
permits a maximum height of 30 feet by right, and up to 48 feet with increased
setbacks.

North: North of the subject site across Coolidge Street are various residential
structures ranging from a single-family detached character to small apartment
complex, with neither type exceeding two stories. The approximate west half of
sites immediately north of the subject site are zoned R-3 (Multifamily Residence
District) which permits a maximum height of 30 feet by right, and up to 48 feet
with increased setbacks, and the remaining sites to the east are zoned R-5
(Multifamily Residence District) which permits a maximum height of 48 feet.

South (the Grand Canal): South of the subject site is the Grand Canal which
was recently improved through the Canalscape project which brought lighting,
landscaping, and seating improvements to this section of the canal.

South (beyond the Grand Canal): South of the subject site across the Grand
Canal is a multifamily community zoned R-4 (Multifamily Residence District)
which permits a maximum height of 48 feet.

3. Located along Central Avenue and several properties east of the subject site is
the Interim Transit-Oriented Zoning Overlay District One (TOD-1). The primary
purpose of TOD-1 was to encourage an appropriate mixture and density of
activity around transit stations to increase ridership along the light rail corridor
and promote alternative modes of transportation to the automobile while the
Walkable Urban Code was developed.




Page 1092
Staff Report: Z-56-20-4
January 20, 2021




GENERAL PLAN LAND USE MAP
4. The General Plan Title: General Plan Land Use Map Excerpt
Land Use Map
depicts a land use
designation of
Residential 15+
dwelling units per
acre which is
consistent with the
density proposed.

Surrounding the
subject site are
designations for
multifamily
densities including Source: Planning and Development Department
Residential 15+ dwelling units per acre to the south and east and Residential 10
to 15 dwelling units per acre to the north and west. The proposed use and
density of the subject site is consistent with the surrounding context.

5. The Encanto Village Character Plan was approved and adopted in the Phoenix
General Plan through General Plan Amendment GPA-1-19. Each of the 15
Urban Villages have a Character Plan.

The proposed project advances the following items identified in the Encanto
Village Character Plan: encourage growth along the light rail; integrating canals
into project design; and new development being consistent with adopted plans.

One such area of alignment is with the North Central Employment Center
(profile attached) which identifies the presence of approximately 770,000 young,
well-educated, workers within a 10 to 20 minute drive and projected growth of
170,000 new residents within a 30 minute drive. The proposed development will
provide housing opportunities for the growing population in proximity to the
growing employment center while also reducing the need for long vehicle
commutes.




Page 1093
Staff Report: Z-56-20-4
January 20, 2021




6. Transit Oriented Title: Transit Oriented Development Strategic Policy
Development Strategic Framework Place Type Map
Policy Framework:
The Transit Oriented
Development Strategic Policy
Framework is part of the
City’s General Plan. The
framework identifies planning
typologies to describe urban
environments in terms of
appropriate scale and
intensity

As depicted on the right, the
subject site is located within
one-quarter mile from two
light rail stations. The nearest
station, Central and
Campbell, is identified in the
Strategic Policy Framework
as a Minor Urban Center Source: Planning and Development Department
Place Type.

The Minor Urban Center Place Type is characterized by two to five story
buildings with allowances for up to seven when incentive criteria are met or
when a special circumstance exists. The proposed development, using the
Walkable Urban Code and depicting a height of four stories, is consistent with
the Minor Urban Center Place Type.

7. Uptown Transit Oriented Development Policy Plan:
The subject site is located within the Uptown TOD Planning Area which is
depicted on the following page. The policy plan adopted for the Uptown 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.




Page 1094
Staff Report: Z-56-20-4
January 20, 2021




While the subject site is Title: Uptown TOD Planning Area
not mapped for a specific
recommended transect for
redevelopment, the
Uptown TOD District Plan
provides the following
direction relevant to the
subject site:

Activating the Grand
Canalscape:
The Uptown TOD Plan
describes at length the
importance and
opportunity of embracing
the Grand Canal as an
open space amenity, as a
regional active Source: Planning and Development Department
transportation trail, and as
waterfront. While the Canalscape Project is complete, it is the projects adjacent
to the Grand Canal that will enliven the waterfront.

Increase the Population Using Alternative Transportation: .
The Uptown TOD Plan includes several measurable outcomes focused on
increasing ridership on the light rail, increasing the number of individuals riding
bikes or walking to work, and decreasing the number of Vehicle Miles Traveled
(VMT). The proposed project will position new households within walking and
bicycling distance to jobs, schools, and major park facilities.

PROPOSAL
8. Site Plan
As depicted on the conceptual site plans and elevations on the following pages,
the proposal is for four floors of housing with five levels of parking located at the
interior of the site. The site plan depicts one point of vehicular access from
Coolidge Street. The site plan depicts 218 dwelling units with 46 studios, 116
one-bedroom, and 56 two-bedroom units. At a rate of 1.3 parking spaces per
studio and 1.5 spaces per one and two bedroom units, the code would require
318 parking spaces but due to the proximity to light rail, a 10 percent reduction
is applied for a total of 287 spaces.




Page 1095
Staff Report: Z-56-20-4
January 20, 2021




Title: Conceptual Site Plan




Source: Rich Barber Architects

The ground floor units fronting 3rd Avenue and Coolidge Street will employ
stoop and doorwell frontages and the main leasing area oriented to Coolidge
Street will employ a storefront frontage; these ground level treatments abide by
the intent of the Walkable Urban Code to active the street frontage in addition to
detached sidewalks and trees planted between the curb and sidewalk as
required by the Walkable Urban Code.

The conceptual site plan depicts frontage types along the southern face of the



Page 1096
Staff Report: Z-56-20-4
January 20, 2021




building mass to activate the interface with the canal. Staff is recommending
Stipulation No. 1 to require the frontage types along 40 percent of the canal
oriented building frontage.

9. Canal Interface
The conceptual site plan and building elevations depict measures intended to
embrace and activate the frontage to the Grand Canal including amenity areas,
common areas, bike racks, a bicycle repair station, vegetation, and a perimeter
wall comprised mostly of view fence for ground level transparency. The Phoenix
Zoning Ordinance governs canal interface through the design standards
contained in Section 507 Tab A.

To advance the intent of the design guidelines and the Walkable Urban Code,
staff is recommending a series of stipulations to provide additional specificity
regarding improvements to the area between the southern mass of the building
and the Grand Canal right-of-way including the following:

x Stipulation No. 1: To require Walkable Urban Code Frontage Types along
a minimum 50 percent of the canal-facing building façade.
x Stipulation No. 2: To require architectural enhancements along the canal-
facing building façade.
x Stipulation No. 3: To require large canopy shade trees to soften the canal
environment and provide thermal comfort in the amenity areas and near
the canal.
o Due to the presence of an SRP easement at this location, the
extent to which the developer will be allowed to improve this are is
unknown and, therefore, the stipulation contains the language “as
approved or modified by the Planning and Development
Department.
x Stipulation No. 4: To require shaded open space adjacent to the canal
right-of-way through the application of Section 1310.A.2 of the Phoenix
Zoning Ordinance.
o Due to the presence of an SRP easement at this location, the
extent to which the developer will be allowed to improve this are is
unknown and, therefore, the stipulation contains the language “as
approved or modified by the Planning and Development
Department.
x Stipulation No. 5: To require all walls and fences within 30 feet and
oriented-to the canal right-of-way to have a maximum opaque height of
36 inches to promote interface between the project and the canal
amenity.




Page 1097
Staff Report: Z-56-20-4
January 20, 2021




10. Conceptual Elevations
The conceptual building elevations, pictured below, depict a four story
multifamily complex exhibiting modern design elements, multiple colors, building
articulation, shaded upper floor balconies, and a mix of ground floor frontage
treatments including stoops, doorwells, and storefronts.

Title: Conceptual Building Elevations




Source: Rich Barber Architects




Page 1098
Staff Report: Z-56-20-4
January 20, 2021




STUDIES AND POLICIES
11. 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 Walkable Urban Code contains landscape standards to provide enhanced
tree plantings with a focus on thermal comfort and the conceptual site plan
complies with code requirements.

To require tree shade be integrated into the project between the southern
building mass and the Grand Canal right-of-way, staff is recommending
Stipulation No. 3 requiring large canopy shade trees, placed 20 feet on center or
in equivalent groupings, and with a minimum caliper of 3-inches at installation;
the purpose of this stipulation is to promote thermal comfort for the amenity
areas and along the Grand Canal.

12. Complete Streets Guidelines:
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. The Walkable Urban Code contains
requirements for detached sidewalks with vegetative shade which will enhance
the thermal comfort and sense of security for pedestrians passing on adjacent
sidewalks.

Staff is recommending Stipulation No. 8 to require enhanced bicycle facilities on
the site including secure bicycle parking for residents, bicycle racks for guests,
and a publicly accessible bicycle repair station near the southern edge of the
site; the purpose of these stipulations is to complement 3rd Avenue which is
identified as the Phoenix Sonoran Bikeway and the Grand Canal multiuse trail
which provides regional trail connectivity.

13. Comprehensive Bicycle Master Plan:
The Comprehensive Bicycle Master Plan is a guide for creating a culture and
environment conducive to bicycling as a viable mode of transportation. The
proximity to high capacity transit underscores the importance of walking and
bicycling in this area.




Page 1099
Staff Report: Z-56-20-4
January 20, 2021




Recognizing the presence of the Grand Canal, the recently completed
Canalscape investments, the presence of the Phoenix Sonoran Bikeway, and
proximity to high capacity transit, staff is recommending Stipulation No. 8 which
requires secure bicycle parking for residents, bicycle parking for guests, and a
publicly accessible bicycle repair station.

14. Housing Phoenix:
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan.
This Plan contains policy initiatives for the development and preservation of
housing with the vision of creating a stronger and more vibrant Phoenix through
increased housing options for residents at all income levels and family sizes.
Phoenix’s rapid population growth and housing underproduction has led to a
need for over 163,000 new housing units. Current shortages of housing supply
relative to demand are a primary reason why housing costs are increasing.

The proposed development supports the Plan’s goal of preserving or creating
50,000 housing units by 2030 by contributing to a variety housing types that will
address the supply shortage at a more rapid pace while using vacant or
underutilized land in a more sustainable fashion.

15. 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 CORRESONDENCE
16. As of the writing of this report, one letter of opposition was received detailing
concerns relating to scale, privacy, traffic, the abundance of multifamily, and the
design compatibility with the historic district.

INTERDEPARTMENTAL COMMENTS
17. The Fire Department commented that the site plan must comply with the
Phoenix Fire Code and further indicated there are no problems anticipated with
the case. Further, the Department commented that they do not know the water
supply at this site and noted that additional water supply may be required to
meet the required fire flow per the Phoenix Fire Code.




Page 1100
Staff Report: Z-56-20-4
January 20, 2021




18. The Public Works Department, Floodplain Management Division determined the
site is in a Special Flood Hazard Area (SFHA) called Zone A, on panel 1740 L of
the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The Public
Works Department provided Stipulation No. 10 to require the applicant follow
and document all necessary processes and improvements.

19. The Street Transportation Department provided Stipulation Nos. 6, 7, and 9 to
require traffic calming at vehicular driveways, two pedestrian connections to the
Grand Canal trail, and their standard stipulation regarding the applicant being
responsible for construction of adjacent streets, respectively.

The Street Transportation Department including the Pedestrian Safety
Coordinator further commented on the importance of enhanced pedestrian and
bicycle facilities including detached sidewalks, bicycle parking, a bicycle repair
station, and connections to the Grand Canal trail. These issues are addressed
in other stipulations or will be addressed through the application of the Walkable
Urban Code.

20. The Public Transit Department commented on the need for a robust system of
shaded pedestrian pathways with measures to delineate pedestrian crossings at
drive-aisles. These issues are addressed in other stipulations or will be
addressed through the application of the Walkable Urban Code.

OTHER
21. The site has not been identified as being archaeologically sensitive. However, in
the event archaeological materials are encountered during construction, all
ground disturbing activities must cease within 33-feet of the discovery and the
time to properly assess the materials. This is addressed in Stipulation No. 13.

22. Based on the proximity to Sky Harbor Airport, the Aviation Department is
requiring Stipulation Nos. 11 and 12 which require recorded documents to
disclose the existence of Sky Harbor Airport to future owners and residents, and
that an avigation easement be recorded.

23. 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.




Page 1101
Staff Report: Z-56-20-4
January 20, 2021




Findings

1. The proposal is consistent with the General Plan Land Use Map designation of
Residential 15+ Dwelling Units Per Acre and the TOD Strategic Policy Framework
Minor Urban Center Place Type designation.

2. The development advances the vision and recommendations contained in the
Uptown Transit Oriented Development Plan and will support pedestrian oriented
development near the light rail and multiple urban bikeways.

3. The proposal will create additional housing options for the significant number of
residents in the Uptown TOD District.

Stipulations

1. The south facing mass of the building(s) oriented to the Grand Canal shall
incorporate Walkable Urban Code Frontage Types described in Section 1305
for a minimum 40 percent of the building face(s), as approved by the Planning
and Development Department. For the purpose applying the above provisions,
the above shall be treated as a Secondary Frontage with regard to glazing.

2. The south facing mass of the building(s) oriented to the Grand Canal shall
contain architectural embellishments, design detailing, and / or space
programming to activate and provide visual access onto the canal, as
approved by the Planning and Development Department. Examples of
appropriate enhancements may include textural changes, offsets, recesses,
variation in window size and location, overhang canopies, balconies with a
depth greater of than 3 feet, and amenities such as gathering spaces.

3. Between the southern mass of the building and the south property line (the
Grand Canal right-of-way), the developer shall plant minimum 3-inch caliper,
large canopy shade trees, at a minimum frequency of 25 feet on center or in
equivalent groupings, as approved or modified by the Planning and
Development Department.

4. The provisions of Section 1310.A.2 of the Phoenix Zoning Ordinance shall
apply to require shaded open space of which a minimum 50 percent shall be
situated adjacent to the south property line (the Grand Canal right-of-way), as
approved or modified by the Planning and Development Department.




Page 1102
Staff Report: Z-56-20-4
January 20, 2021




5. No solid perimeter wall greater than 36 inches in height shall be oriented to
and located within 30 feet of the south property line (the Grand Canal right-of-
way), as approved by the Planning and Development Department.

6. The developer shall provide traffic calming to slow vehicle traffic exiting the
property with specific regard to pedestrian safety on the public sidewalk, as
approved by the Planning and Development Department.

7. The developer shall provide a minimum of two direct and accessible pedestrian
connections from the amenity areas located south of the building mass to the
shared use path along the Grand Canal Trail, as approved by the Planning and
Development Department.

8. The developer shall provide and maintain the following bicycle infrastructure as
described below and as approved by the Planning and Development
Department.

a. A bicycle repair station (fix-it station) along the southern edge of the
site, visible, and accessible from the public sidewalk and / or the Grand
Canal Trail. The station shall include but not limited to: standard repair
tools affixed to the station; a tire gauge and pump; and a bicycle repair
stand which allows pedals and wheels to spin freely while adjusting the
bike.

b. All required bicycle parking for multifamily use, per Section 1307.H.6.d
of the Phoenix Zoning Ordinance, shall be secured parking.

c. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section
1306.H. of the Phoenix Zoning Ordinance.

9. 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.

10. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740 L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The
following requirements shall apply, as approved by the Planning and
Development Department:




Page 1103
Staff Report: Z-56-20-4
January 20, 2021




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 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 shall be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements.

c. The developer shall provide a FEMA approved CLOMR-F or CLOMR
prior to issuance of a Grading and Drainage permit.

11. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

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

13. 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
Nick Klimek
January 20, 2021

Team Leader
Samantha Keating

Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan and Elevations date stamped October 19, 2020 (2 pages)
Community Correspondence (4 pages)




Page 1104
Staff Report: Z-56-20-4
January 20, 2021




North Central Employment Center Profile (2 pages)




Page 1105
ELM ST



1ST AVE
C-2 H-R*
R-4 HP R-4A H-R * Z-60-85
Z-83-05
Z-9-89
P-1 * R-5 C-2
R-4 Z-341-83
HIGHLAND AVE

R-3
3RD AVE
R-3
R-3 PUD
Z-31-12
Z-83-05

COOLIDGE ST
R-3
R-5
R-5 *
Z-245-82 TOD District Canalscape
C-2
- UpTown
HAZELWOOD ST


R-4
CENTRAL AVE
HGT/WVR PKG/WVR
Central Avenue Z-175-87
Development Z-147-97
Standards
P-1 Transit C-2
MINNEZONA AVE Overlay District
(TOD-1)
C-2
R1-6 H-R
R1-6 P-2
2ND AVE
R-4 HP * HP
5TH AVE
Z-SP-16-72 Z-12-97 C-2
CAMPBELL AVE


R-4A*
Z-12-97
Z-102-98



I
Miles
Z-56-20 NORTHERN AVE


GLENDALE AVE

0.055 0.0275 0 0.055 BETHANY HOME RD
ALHAMBRA VILLAGE
CAMELBACK RD
CITY COUNCIL DISTRICT: 4
43RD AVE 7ST AVE
7TH AVE
19TH AVE
35TH AVE
27TH AVE

I-17


APPLICANT'S NAME: REQUESTED CHANGE:
Trinsic Residential Group, Todd Gosselin
FROM:
R-3 ( 0.18 a.c.)
10/23/2020
R-5 ( 3.11 a.c.)
DATE:
APPLICATION NO.
Z-56-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
3.29 Acres QS 18-27 H-8 TO: WU Code T5:5 UT ( 3.29 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-3, R-5 2, 135 3, 162
WU Code T5:5 UT No Maximum N/A

* Maximum Units Allowed with P.R.D. Bonus
Page 1106
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-56-20.mxd
ELM ST



1ST AVE
C-2 H-R*
R-4 HP R-4A H-R * Z-60-85
Z-83-05
Z-9-89
P-1 * R-5 C-2
R-4 Z-341-83
HIGHLAND AVE

R-3
3RD AVE
R-3
R-3 PUD
Z-31-12
Z-83-05

COOLIDGE ST
R-3
R-5
R-5 *
Z-245-82 TOD District Canalscape
C-2
- UpTown
HAZELWOOD ST


R-4
CENTRAL AVE
HGT/WVR PKG/WVR
Central Avenue Z-175-87
Development Z-147-97
Standards
P-1 Transit C-2
MINNEZONA AVE Overlay District
(TOD-1)
C-2
R1-6 H-R
R1-6 P-2
2ND AVE
R-4 HP * HP
5TH AVE
Z-SP-16-72 Z-12-97 C-2
CAMPBELL AVE


R-4A*
Z-12-97
Z-102-98
Maricopa County Assessor's Office



I
Miles
Z-56-20 NORTHERN AVE


GLENDALE AVE

0.055 0.0275 0 0.055 BETHANY HOME RD
ALHAMBRA VILLAGE
CAMELBACK RD
CITY COUNCIL DISTRICT: 4
43RD AVE 7ST AVE
7TH AVE
19TH AVE
35TH AVE
27TH AVE

I-17


APPLICANT'S NAME: REQUESTED CHANGE:
Trinsic Residential Group, Todd Gosselin
FROM:
R-3 ( 0.18 a.c.)
10/23/2020
R-5 ( 3.11 a.c.)
DATE:
APPLICATION NO.
Z-56-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
3.29 Acres QS 18-27 H-8 TO: WU Code T5:5 UT ( 3.29 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-3, R-5 2, 135 3, 162
WU Code T5:5 UT No Maximum N/A

* Maximum Units Allowed with P.R.D. Bonus
Page 1107
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-56-20.mxd
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Page 1109
&LW\RI3KRHQL[(PSOR\PHQW&HQWHU3UR´OH

NORTH CENTRAL
The North Central
employment center Labor Force Accessibility and Skills
offers an exceptional The North Central employment center offers excellent access to a large portion
of the metro area’s 1.7 million workers. Approximately 770,000 young, well-educated
location in one of the workers reside within a 30 minute drive time.1 High concentrations of service and
FLW\­VSUHPLHURI´FH health care workers live within 10 to 20 minutes. In addition, about 16 percent of the
corridors. workforce living within a 20 minute drive time is made up of executives, managers
and technical professionals.2
Projected growth for this area will result in close to 170,000 new residents within
a 30 minute drive time by 2020, providing a continually expanding labor pool.3
This employment
center extends from 1, 2, 3 Claritas, 2015.
McDowell Road north
to Camelback Road
between Seventh
Street and Seventh Employment by Occupation
Avenue. The North Workforce 10 Min. Drive 20 Min. Drive 30 Min. Drive
Central area includes Number % Number % Number %
KLJKULVHRI´FHDQG
Management 7,416 7 57,595 8 131,498 9
residential buildings
Engineering & Science 2,224 2 16,777 2 36,046 3
surrounded by
historic single family Healthcare & Education 11,089 10 82,493 11 170,387 12
neighborhoods, parks Service 16,173 15 109,119 15 195,911 14
and cultural amenities. Sales 10,112 9 81,075 11 167,369 12
Clerical & Admin. Support 15,143 14 117,524 16 219,346 16
Construction 8,978 8 48,001 6 71,611 5
Production 6,210 6 39,874 5 64,441 5
Trans./Material Mover 6,373 6 46,614 6 76,283 5
Total 83,718 599,072 1,132,892
Source: Claritas, 2015.




Commute Shed
Commuters who travel to
Employment Corridor per
Square Mile
4 to 10
10 to 25
25 to 50
More than 50
• Access to a large executive Phoenix North Central Job Center
and professional workforce Phoenix North Central Job
Center Catchment Area

• Advanced
telecommunications
infrastructure

• /DUJHLQYHQWRU\RIRI´FH
space

• Competitive lease rates
Source: Maricopa Association of
• Superior accessibility to Governments, TRP Reduction Database,
NH\EXVLQHVVDQG´QDQFLDO 2013
services
Equal Opportunity Employer/Program. Auxiliary Aids and services are available upon request to individuals with
Page 1110
disabilities. Products and services made available through Federal Funding provided by the Workforce Investment Act.
Camelback Rd.
Metro Light Rail
Existing and Planned
Sites and Buildings Development
The North Central employment center offers 1. Century Link Tower
a large inventory of office and commercial 586,403 sq. ft.


Central Ave.
space mixed with a variety of hotel and Office

7th Ave.
Steele Indian
residential developments. From high-rise office
7th St.
2. Viad Tower Phase II School Park
buildings and condominiums to palm tree-lined 478,488 sq. ft.
streets of historic single-family neighborhoods, Office - Proposed
diversity enhances the appeal of this 3. Phoenix Corporate Tower
445,811 sq. ft.
conveniently located area. Indian School Rd.
Office
The area has about 14.5 million square feet 4. Phoenix Plaza Tower II
of existing office space in close proximity to 419,453 sq. ft.
downtown. For companies that require build-to- Office
suit space, there are prime commercial high-rise 5. Phoenix Plaza Tower I
418,613 sq. ft. 8
parcels available.4 Osborn Rd.
The map to the right highlights the type Office
of community real estate in the North Central 6. Younan Central Plaza
405,693
area. Our team can provide more detail, custom 3
Office
information based on your requirements. 7. 2800 Tower 4
364,533 sq. ft. 5 1
Thomas Rd.
4 CoStar Realty Information Inc., 2015 Office
8. 3550 Tower 7
287,269 sq. ft.
Connectivity Office
9. Park Central - Bldg 7
The North Central employment center 224,953 sq. ft.
features modern, reliable telecommunications Office
10. Security Title Plaza
infrastructure that is supported by multiple
219,032 sq. ft.
providers. These providers are able to offer Office 2
specialized capabilities such as complete digital
infrastructure, T-1 (DS1) lines, T-3 (DS3) lines, McDowell Rd.
Source: CoStar Realty Information Inc., 2015
self-healing fiber ring architecture and high-
speed data communications. Local exchange
carriers with service in the North Central area Amenities and Attractions
include CenturyLink and Cox Communications.
The exciting Phoenix Arts District includes the Phoenix Art Museum
and Theater, the Playhouse on the Park and the internationally renowned
Infrastracture Heard Museum of Native American Art. Steele Indian School Park, located
Abundant and reliable power sources at the northeast corner of Central Avenue and Indian School Road, features
are available from a highly advanced network an expansive 15-acre entry garden, several historical buildings depicting the
system that provides redundant feeds from history of Phoenix Indian School, an amphitheater with seating for 1,500, a
multiple sub-stations. 2.5-acre bird-shaped lake and waterfall and a 15-acre neighborhood park.
The North Central employment center enjoys Located in the heart of the North Central employment center, Park Central
easy access to a modern network of urban is a 500,000 square foot mixed-use redevelopment featuring offices, retail,
freeways and arterial streets. This employment restaurants and business-oriented hotels. In addition, there are a number
center has excellent transit service and is of new luxury apartment developments in the area that provide a variety
located along the METRO light rail transit line of housing options for workers and support continued office and retail
that connects the area to downtown Phoenix, development.
Phoenix Sky Harbor International Airport and
surrounding cities. Major Area Employers
For businesses that require convenient
air access, Phoenix Sky Harbor International CenturyLink PricewaterhouseCoopers
Telecommunications Accounting and Management Consulting
Airport is located just 15 minutes away. The Deloitte LLP Dignity Health
airport is one of the busiest in the U.S. based Accounting and Management Consulting Hospital Administration
on passenger traffic and offers more than 830 Fennemore Craig IBM Corporation
Law Firm Administrative Operations
daily non-stop flights to nearly 80 domestic
SCF Arizona U-Haul International
destinations and 13 international destinations.5 Direct Property and Casuality Insurance - HQ Leasing Services - Corp. HQ
Viad Corporation Xerox Corporation
5 Phoenix Sky Harbor International Airport, 2015. Business Services - HQ Copiers and Office Products
BMO Harris Bank
Banking and Financial Services

Source: Maricopa Association of Governments, 2013



PHOENIX IS DESIGNED City of Phoenix
Community and Economic Development Department


TO WORK. Page 1111
200 W. Washington St., 20th Floor | Phoenix, AZ 85003
www.phoenix.gov/econdev | 602-262-5040
From: Adam Ghiz
To: Nick Klimek
Cc: ben@witheymorris.com
Subject: Re: Z-56-20 (3rd Avenue and Coolidge)
Date: Tuesday, November 3, 2020 12:07:07 PM


One Additional concern.

The large grassy area on the corner of 3rd and Coolidge has been used for years by the
neighborhood as a makeshift park. Families have used this area for recreation with their
children and pets. It provides for a grassy green area, in an otherwise paved jungle. You will
be taking this away from all residents, and instead of providing more greenery, will be adding
more concrete.

~Adam


On Nov 3, 2020, at 11:51 AM, Adam Ghiz wrote:


Here are my concerns for this project:

1. 56ft building height allowed by T5:5
2. 10 ft setback from current sidewalk, this in combination of the height will
basically provide for an entire block of apartments from the canal to Coolidge
looking directly over my fence and into my yard and house.
3. Noise, this is an extremely quiet section and adding an additional 218 housing
units will greatly increase the noise factor of the neighborhood.
4. Traffic. Hazelwood turns into 3rd ave and as a result, there is a very low traffic
density. Even with the the garage entry on Coolidge, traffic is going to greatly
increase on these streets and most likely all street parking with cease to exist.
5. Saturation. There are already 5 or 6 (possibly even more) high density
apartment complexes in this immediate area. Adding yet another complex will
adversely and disproportionately affect this neighborhood vs other
neighborhoods.
6. Historic district. This complex is almost surrounded on the 3rd ave and
Coolidge street sections by the Pierson Place Historic district. Constructing this
large complex when surrounded by a historic district diminishes the intention of
having a historic district. The proposed elevations are quoted as “blending in” yet
it looks like every other apartment complex built.

This project adversely affects my property disproportionately as I am on the
corner of 3rd and Hazelwood and this apartment complex will be towering over
my house, and on the entire east side of my property I will now stare at 56ft of
apartment building.

~Adam


On Nov 3, 2020, at 11:18 AM, Nick Klimek
wrote:


Page 1112
Good morning, Adam –

I apologize but I believe I failed to answer one of your primary questions,
expressed via Maura, regarding whether the property is currently
approved for development. The answer is both yes and no… please allow
me to explain.

The property is currently zoned R-5 which generally means they could
build to a height of 48 feet.

However, the applicant has elected to pursue additional zoning
entitlement under the Walkable Urban Code. The process will take 4-6
months and include 3 public hearings and a neighborhood meeting.
During this process, the site plan may change and evolve in response to
community concerns and priorities. I recommend putting your concerns in
writing and sending them over to me. I also suggest reaching out to the
applicant’s representative, Ben Tate, to express yours concerns early on.

In the coming weeks, I will be reviewing the proposal in greater detail.

Kind regards,

Nick



Nick Klimek, AICP
Village Planner
Office: 602-534-7696
E-mail: nick.klimek@phoenix.gov

Planning & Development Department
200 West Washington Street
Phoenix, AZ 85003
Mission: Planning, Development and Preservation for a Better
Phoenix

***I am currently working remotely on a rotational schedule, but will be
checking voicemails multiple times per day. Please feel free to leave me a
voice message or email me for a more timely response. Thank you.***




From: Adam Ghiz
Sent: Tuesday, November 3, 2020 10:45 AM
To: Nick Klimek



Page 1113
Subject: Re: Z-56-20 (3rd Avenue and Coolidge)

Thanks for the response. So I am in the house directly across from this and
will be affected greatly as most of my exposure is to the east where the
current donor network building is. This picture is what I see from most of
my house. I estimate that these trees are approximately 30ft tall and
from what I have seen, it looks like the building will be 56ft tall. Also,
correct me if I am wrong, but the building will only be setback 10 ft from
the current sidewalk?

If this is the case, how can I expect any modicum of privacy? Not to
mention, that all I will be able to see from my windows will now be
building.

How does a project this large get approved so close to a historic
residential neighborhood? It destroys any point in trying to preserve the
original feel of the neighborhood.

I am greatly distressed by this news and also would like to know if there is
an estimated time when construction will begin.

Thanks,
Adam



On Nov 3, 2020, at 10:38 AM, Nick Klimek
wrote:


Good morning, Mr. Ghiz –

My name is Nick Klimek and I am the Alhambra Village
Planner. I received your contact information from Maura
Jackson from our Historic Preservation Office. Please feel
free to send any written comments to me and I will ensure
they be provided to the applicant and included with the staff
report as the request is processed; in your email, please
reference the case number Z-56-20.

If you would like to discuss, please feel free to call me at the
below number but please note that the request is very new
so I may be light on exact details regarding the site plan.

Kind regards,




Page 1114
Nick



Nick Klimek, AICP
Village Planner
Office: 602-534-7696
E-mail: nick.klimek@phoenix.gov

Planning & Development
Department
200 West Washington Street
Phoenix, AZ 85003
Mission: Planning, Development and Preservation
for a Better Phoenix

***I am currently working remotely on a rotational schedule,
but will be checking voicemails multiple times per day.
Please feel free to leave me a voice message or email me
for a more timely response. Thank you.***




Page 1115
$WWDFKPHQW&




ADDENDUM A
Staff Report: Z-56-20-4
May 4, 2021

Alhambra Village Planning Committee January 26, 2021
Meeting Date:
Planning Commission Hearing Date: February 4, 2021
May 6, 2021

Request From: R-3 (Multifamily Residence District)
(0.18 acres) and R-5 (Multifamily
Residence District) (3.11 acres)
Request To: PUD (Planned Unit Development) (3.29
acres)

Proposed Use: Multifamily Residential
Location: Southeast corner of 3rd Avenue and
Coolidge Street
Owner: Donor Network of Arizona
Applicant: Trinsic Residential Group, Todd
Gosselink

Representative: Withey Morris PLC, Jason Morris


Staff Recommendation: Approval, subject to stipulations


BACKGROUND
The original proposal requested to rezone the subject site at the southeast corner of 3rd
Avenue and Coolidge from R-3 (Multifamily Residence District) and R-5 (Multifamily
Residence District) to WU Code T5:5 UT (Walkable Urban Code Transect 5:5, Uptown
Transit Character Area) for multifamily residential.

The proposal was to redevelop the existing office property into a four-story multifamily
structure with a limited fifth floor mezzanine. Staff recommended approval of the request
subject to 13 stipulations.

On January 26, 2021, the Alhambra Village Planning Committee heard the case and
recommended approval per the staff recommendation by a 15 to 1 vote. On February 4,
2021, the Planning Commission heard the case and recommended approval per the


Page 1116
Addendum A to the Staff Report Z-56-20-4
May 6, 2021


Alhambra Village Planning Committee recommendation by a 7 to 1 vote with one
additional stipulation. The added stipulation was for the execution of a Proposition 207
Waiver.

After the Planning Commission Meeting, the case was continued by the City Council on
March 3rd to allow for additional communication regarding concerns. A series of
meetings were then held to discuss concerns regarding height, setbacks, number of
units, traffic, privacy, and flooding.

On April 7, 2021, Councilwoman Pastor moved that the case be remanded back to the
Planning Commission as a Planned Unit Development (PUD) with conditions to address
community concerns. The motion passed unanimously and included the following
conditions for the PUD resubmittal.

1. To address all staff stipulations and the following items based on discussions
with the neighborhood.
2. To include an overall maximum building height of 48 feet, except for the
parking garage which shall be limited to 56 feet.
3. To include a minimum setback of 20 feet between the curb and the building
faces on both Coolidge Street and 3rd Avenue.
4. To restrict the maximum number of dwelling units to 210.
5. To prohibit vehicular access to 3rd Avenue.
6. To require the applicable “frontage types” be identified along 3rd Avenue.
7. To address landscape and design features in response to neighborhood
considerations on 3rd Avenue and Coolidge Street.
8. To require permit parking throughout the neighborhood.

PROPOSAL

The PUD is intended to create a built environment that is superior to that produced by
conventional zoning districts and design guidelines. Where the PUD Development
Narrative is silent on a requirement, the applicable Zoning Ordinance provisions will be
applied.

Below is a summary of the proposed standards for the subject site as described
in the attached PUD Development Narrative date stamped April 29, 2021.
The PUD would allow the development of a five story multifamily development
Development but with notable revisions to the original request in response to community
concerns and the City Council motion.

Permitted Land Uses

The PUD utilizes the Permitted Use List found in Chapter 618 for R-5 (Multifamily
Residence District) with modifications to remove specified uses for the purposes
of promoting neighborhood compatibility.



Page 1117
Addendum A to the Staff Report Z-56-20-4
May 6, 2021


The land uses prohibited by the PUD include the following: bed and breakfast
establishment; boarding house; group foster home; hotel or motel; environmental
remediation facility; branch offices for the following: banks, building and loan
associations, brokerage houses, savings and loan associations, finance
companies, title insurance companies and trust companies; and veterinary
offices.

Development Standards

Density: A maximum of 210 dwelling units.

Building Height: A maximum height of 48 feet along 3rd Avenue and Coolidge
Street and a maximum height of 56 feet for the parking structure. The proposed
regulation in the applicant’s narrative is not precisely aligned with the motion
which would require all buildings be limited to 48 feet with only the parking
structure being allow the 56 feet maximum. Stipulation 1.b. revises the
requirement to align with the City Council motion.

Building Setbacks: A minimum setback of 20 feet from both 3rd Avenue and
Coolidge Streets, as measured between the back of curb and the building front.

Landscape Setbacks: A minimum setback of 20 feet from both 3rd Avenue and
Coolidge Streets, as measured between the back of curb and the building front.

Planting Standards: The planting standards meet or exceed the requirements of
the Walkable Urban Code and the original stipulations for the all perimeters of
the subject site.

Vehicular Access: No vehicular access is permitted from 3rd Avenue.

Detached Sidewalks and Pedestrian Ways: The PUD requires the public
sidewalks be detached from the back of curb by a minimum 5 foot landscape
area that will be planted with four inch caliper (25 percent), three inch caliper (25
percent) and two inch caliper (50 percent) trees at a rate of 20 feet on center.
These standards will create 75 percent shade over the public sidewalk and meet
or exceed the requirements of the Walkable Urban Code and the original
stipulations.

Ground Level Frontage Types:
x North and West: The PUD requires that 70 percent of the ground level
building face oriented to 3rd Avenue have stoops and doorwells, patios,
and/or porches.
x South (Grand Canal Orientation): The PUD requires 20 percent of the
ground level building face oriented to the south conform to a frontage type.




Page 1118
Addendum A to the Staff Report Z-56-20-4
May 6, 2021


Design Guidelines

The PUD incorporates all staff stipulations detailed in the recommendations of
the Alhambra Village Planning Committee and the Planning Commission. These
stipulations pertained to open space design, planting standards, architectural
enhancements and restrictions, and required frontage types. The PUD
incorporates each of these stipulations. Additionally, the PUD prohibits balconies
to the north and west unless “juliet” style.

ANALYSIS

The current rezoning request fulfills the abovementioned City Council direction
of filing for a PUD and the associated requirements with the below modifications:

Height: The PUD Narrative proposes a maximum height of 48 feet along 3rd
Avenue and Coolidge Street compared to the motion which would restrict all
buildings to 48 feet and the parking structure to 56 feet.
x Stipulation No. 1.b revises the PUD to align with the City Council motion.

South Facing “Frontage Types” and Publicly Accessible Open Space: The
PUD Narrative proposes that 20 percent of the total building face be developed with
“frontage types” to activate the space between the building and the canal; while this
is a reduction from the original stipulation which required 40 percent, the applicant
has compensated for the change by adding publicly accessible open space along
the canal as requested through the public hearing process.

In order to ensure that the publicly accessible open space is provided, a modification
to the development narrative has been added to dictate requirements for a publicly
accessible open space, that will be landscaped and programmed with amenities.
x Stipulation No. 1.c. revises the PUD to include additional publicly accessible
open space adjacent to the canal with a depth of 25 feet for the majority of the
southern property line and programmed with amenities such as benches and
shade structures.

Permit Parking in the Neighborhood: The applicant has indicated their intent to
implement permit parking for their residents, however, this program is off-site and
therefore cannot be stipulated.

Staff recommends approval subject to the following revised stipulations:

1.* The south facing mass of the building(s) oriented to the Grand Canal shall
incorporate Walkable Urban Code Frontage Types described in Section 1305
for a minimum 40 percent of the building face(s), as approved by the Planning
and Development Department. For the purpose applying the above provisions,
the above shall be treated as a Secondary Frontage with regard to glazing.




Page 1119
Addendum A to the Staff Report Z-56-20-4
May 6, 2021


AN UPDATED DEVELOPMENT NARRATIVE FOR THE AURA
UPTOWN 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 APRIL 29, 2021, AS
MODIFIED BY THE FOLLOWING STIPULATIONS:

a. FRONT COVER: REVISE THE SUBMITTAL DATE
INFORMATION ON THE BOTTOM TO ADD THE FOLLOWING:
CITY COUNCIL ADOPTED: [ADD ADOPTION DATE].

b. PAGE 8, DEVELOPMENT STANDARDS TABLE, BUILDING
HEIGHT: MODIFY BUILDING HEIGHT STANDARD TO READ
AS FOLLOWS: A MAXIMUM HEIGHT OF 48 FEET FOR ALL
BUILDINGS EXCEPT FOR THE PARKING GARAGE WHICH
SHALL BE A MAXIMUM HEIGHT OF 56 FEET.”

c. PAGE 9, LANDSCAPE DEVELOPMENT STANDARDS TABLE,
CANALSCAPE; MODIFY THE FIRST BULLET POINT TO READ
AS FOLLOWS: A PUBLICLY ACCESSIBLE LANDSCAPED
GREENSPACE AREA SHALL BE PROVIDED ADJACENT TO
THE ARIZONA GRAND CANAL TRAIL ON THE SOUTH SIDE
OF THE PROPERTY. AT MINIMUM, THE GREEN SPACE
AREA WILL MEASURE 4,800 SQUARE FEET, 15 FEET IN
DEPTH FOR A DISTANCE OF 260 FEET, 7 FEET IN DEPTH
FOR A DISTANCE OF 70 FEET, AND SHALL BE GENERALLY
CONSISTENT WITH THE LANDSCAPE PLAN IN EXHIBIT 7. A
MINIMUM OF 3 PEDESTRIAN AMENITIES, WHICH COULD
INCLUDE BUT ARE NOT LIMITED TO, BENCHES AND SHADE
CANOPIES SHALL BE PROVIDED WITHIN THE LANDSCAPE
AREA.

2. The south facing mass of the building(s) oriented to the Grand Canal shall
contain architectural embellishments, design detailing, and / or space
programming to activate and provide visual access onto the canal, as
approved by the Planning and Development Department. Examples of
appropriate enhancements may include textural changes, offsets, recesses,
variation in window size and location, overhang canopies, balconies with a
depth greater of than 3 feet, and amenities such as gathering spaces.

3. Between the southern mass of the building and the south property line (the
Grand Canal right-of-way), the developer shall plant minimum 3-inch caliper,
large canopy shade trees, at a minimum frequency of 25 feet on center or in
equivalent groupings, as approved or modified by the Planning and
Development Department.



Page 1120
Addendum A to the Staff Report Z-56-20-4
May 6, 2021


4. The provisions of Section 1310.A.2 of the Phoenix Zoning Ordinance shall
apply to require shaded open space of which a minimum 50 percent shall be
situated adjacent to the south property line (the Grand Canal right-of-way), as
approved or modified by the Planning and Development Department.

5. No solid perimeter wall greater than 36 inches in height shall be oriented to
and located within 30 feet of the south property line (the Grand Canal right-of-
way), as approved by the Planning and Development Department.

6. The developer shall provide traffic calming to slow vehicle traffic exiting the
property with specific regard to pedestrian safety on the public sidewalk, as
approved by the Planning and Development Department.

7. The developer shall provide a minimum of two direct and accessible pedestrian
connections from the amenity areas located south of the building mass to the
shared use path along the Grand Canal Trail, as approved by the Planning and
Development Department.

8. The developer shall provide and maintain the following bicycle infrastructure as
described below and as approved by the Planning and Development
Department.

a. A bicycle repair station (fix-it station) along the southern edge of the
site, visible, and accessible from the public sidewalk and / or the
Grand Canal Trail. The station shall include but not limited to:
standard repair tools affixed to the station; a tire gauge and pump;
and a bicycle repair stand which allows pedals and wheels to spin
freely while adjusting the bike.

b. All required bicycle parking for multifamily use, per Section
1307.H.6.d of the Phoenix Zoning Ordinance, shall be secured
parking.

c. Guest bicycle parking for multifamily residential use shall be
provided at a minimum of 0.05 spaces per unit with a maximum of
50 spaces near entrances of buildings and installed per the
requirements of Section 1306.H. of the Phoenix Zoning Ordinance.

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

3. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740 L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The
following requirements shall apply, as approved by the Planning and
Development Department:

a. The Architect/Engineer is required to show the floodplain boundary


Page 1121
Addendum A to the Staff Report Z-56-20-4
May 6, 2021


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 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 shall be submitted to the
Floodplain Management section of Public Works Department for
review and approval of Floodplain requirements.

c. The developer shall provide a FEMA approved CLOMR-F or
CLOMR prior to issuance of a Grading and Drainage permit.

4. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

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

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

7.* PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED
IN THE REZONING APPLICATION FILE FOR RECORD

Exhibits
Sketch Map
Aerial Sketch Map
Community Correspondence (105 pages)
Z-56-20 Aura Uptown Planned Unit Development date stamped April 29, 2021




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Nick Klimek
Alhambra Village Planner
Planning & Development Department
200 West Washington Street
Phoenix, AZ 85003

Re: Aura Uptown / Z-56-20-4

I am a resident of the Pierson Place Historic Neighborhood, and I am writing to express my
support for particular aspects of the proposed rezoning of 201 W. Coolidge Street for the
development of the Aura Uptown multi-family residential project.

Though the height already zoned on this property is a bit out of step with the adjacent housing
to the west, a multifamily development is in line with developments east of the site, and its
proximity to strong pedestrian, bike, and transit connections makes me optimistic that access for
new residents will be multimodal, and not solely auto-oriented.

The proposed project has done a good job orienting toward the canal and maintaining 3rd Ave
as a bike and pedestrian space. I appreciate that the project restricts automobile access off 3rd
Ave. I also encourage the consideration of a traffic circle or other traffic calming device at
Coolidge and 3rd Avenue. My family, including my 3 year-old and 5 year-old, often walk or bike
to/from the canal along 3rd Ave, as do many other neighbors and the general population that
utilizes the 3rd Ave bike/ped corridor. Because Coolidge connects between Central and 7th Ave,
cars using it as a cut through or simply speeding due to the long straight stretch often miss the
stop sign at 3rd Ave, creating a dangerous situation for people (and especially children) walking
and biking along 3rd Ave. I imagine the increased traffic on Coolidge due to this project will only
exacerbate an already unsafe situation at that intersection. Whether this treatment could be
considered as part of the upcoming city-planned 3rd Ave bike improvements for this area or
included in this development, or shared by both, the quickest way to implement that safety
measure would be encouraged by many in our neighborhood. Certainly it should be scheduled
for completion prior to the opening of this development.

The loss of the existing mature shade trees is disappointing. If there is any way to preserve or
relocate any of those trees, it should be attempted. However, I do appreciate the proposed shade
trees along all walkways and the ground floor patios that add visual interest and a break in the
walls. As another neighbor suggested, I would encourage confirmation that tall shade trees have
enough space to grow in the available landscaping space to provide adequate shade across
walkways.

I am sad to lose the big existing green space but I appreciate that the applicant has gone beyond
the minimum requirements for public space. Building management is going to have to work hard
to maintain all sidewalks and green spaces, but the applicant has provided a nice space along
the canal for dogs and people that will be very popular with the neighborhood.

Sincerely,

Gina Thomas
102 W Elm St, Phoenix AZ 85013




Page 1134
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Racelle Escolar

From: Lina Money
Sent: Thursday, May 6, 2021 11:37 AM
To: Racelle Escolar; PDD Planning Commission
Subject: In opposition / z-56-20-4




Dear members of the planning commission,

As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked for
a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.

We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand Canal-
scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density, vehicles,
units, height of the parking garage, and lack of appropriate parking spaces. 

Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.

If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for an
R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173. 

210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density

We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts the
neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/ parking
spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this blind.

Please give us our continuance,

Vincent Bachelot 







Page11177
Racelle Escolar

From: R S
Sent: Thursday, May 6, 2021 11:39 AM
To: Racelle Escolar
Subject: Please submit to planning commission


Dear members of the planning commission,

As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked for
a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.

We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand Canal-
scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density, vehicles,
units, height of the parking garage, and lack of appropriate parking spaces. 

Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.

If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for an
R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173. 

210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density

We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts the
neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/ parking
spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this blind.

Please give us our continuance,

Ron Szematowicz





Page11178
Racelle Escolar

From: Lina Money
Sent: Thursday, May 6, 2021 11:32 AM
To: Racelle Escolar; PDD Planning Commission
Subject: In opposition / z-56-20-4




DearCommissioners,

The proposal before you today purports to be an acceptable compromise brokered between
communityoppositionandTrinsicResidentialGroup.

Thereality,however,istothecontrary.Asof10:30AMthismorning,oppositionhasyettoreceive
a revised site plan detailing the proposed development. We are also yet to hear back from the
StreetsTransportationDepartmentregardingthetrafficstudysubmittedbythedeveloper.

These procedural failures take backseat, however, to the fundamental shortcomings of this
settlementproposal.

Setbacksarestillinsufficienttoobtainoutrightneighborhoodsupport.Setbacksmustbe
I.
contiguouswithsurroundingdevelopments,viz.Ǧ30’onNorthside.Theofferof20’onthe
West is much appreciated. The additional 10’ along the North side will preserve the
surrounding setbacks and guarantee visibility for pedestrians, bikes and drivers at the
intersectionof3rdAveandCoolidge.
 *Itshouldbenotedthatrenderingsthatwerereceivedmyamemberoftheoppositionthis
week showing the buildings redesigndo notappear to include the 20’ as proposed by the
developer.

II. TheNumber of Unitsmust be further reduced to prevent overǦdensification congestion
and vehicular traffic. R5 allows for 165 units; TRG seeks 210 units; the neighborhood
believesaunitcountof180Ǧ90unitsismoreappropriateinthissettingandisameaningful
increaseaboveR5entitlements.

III. TheNumberofParkingSlipsremainsinsufficienttoguaranteethatsurroundingproperty
ownersnotincurinjurytotheirpropertyenjoymentandqualityoflife.Parkingisofcourse,
afunctionofthenumberofunitsproposed.

IV. TheParkingStructureisUnacceptableasitcreatesblighttosurroundingneighbors.The
parking structure must needs be the same height as the residential structure (48’).
Additionally, stipulations must be included which prohibit the possibility of roofǦtop
parking or the installation of lighting assemblies atop the parking structure. This is to
prevent light pollution and preserve the aesthetic integrity for members of the public
utilizingthecanalscapeforrecreation.

V. Thefailuretoarriveatanacceptablearrangementcomesasagreatdisappointmenttothe
neighborhood. A PUD, if created according to the process stipulated by the PUD manual,
guarantees the community multiple, faceǦtoǦface meetings with the developer to broker

Page11179
concessioninanorderlyandmeaningfulway.Wemetwiththedeveloperinadarkparking
lot the night before the city council meeting in a most unorthodox and surely exǦparte
fashionthatleftmeilltomystomach.Thiscannotbeallowedtobecomeapermissibleway
bywhichthecityallowscontroversialdevelopmentcasestoberesolved.IfPPDbelievesthat
aPUDistheappropriatevehicletobrokerasettlement,thenthePUDmustgothroughthe
normal,prescribedPUDprocess.

Becausewhatyouseebeforeyoutodayisnotacceptabletoopposition,beitknownthat
oppositionhassubmittedarequestforcontinuance.Webelievethatarrivingatanacceptable
compromiseisstillpossibleandwouldlikethecommissiontosupporttheneighborhoodin
bringingTRGtothetableinameaningfulway.IfthisisdeniedandthePUDissubsequently
recommendedtotheCityCouncilwithouttheinclusionofstipulationsamelioratingtheabove
referencedconcerns,oppositionintendstofurtherappeal.

Withrespect,

LinaMoney




Page21180
TO: PPD FROM: DILLON HALL THURSDAY, MAY 6TH, 2021



Dear Commissioners,

The proposal before you today purports to be an acceptable compromise brokered between community
opposition and Trinsic Residential Group.

The reality, however, is to the contrary. As of 10:30AM this morning, opposition has yet to receive a
revised site plan detailing the proposed development. We are also yet to hear back from the Streets
Transportation Department regarding the traffic study submitted by the developer.

These procedural failures take backseat, however, to the fundamental shortcomings of this settlement
proposal.

I. Setbacks are still insufficient to obtain outright neighborhood support. Set backs must be contiguous
with surrounding developments, viz.- 30’ on North side. The offer of 20’ on the West is much
appreciated. The additional 10’ along the North side will preserve the surrounding setbacks and
guarantee visibility for pedestrians, bikes and drivers at the intersection of 3rd Ave and Coolidge.
*It should be noted that renderings that were received my a member of the opposition this week showing the buildings
redesign do not appear to include the 20’ as proposed by the developer.

II. The Number of Units must be further reduced to prevent over-densification congestion and vehicular
traffic. R5 allows for 165 units; TRG seeks 210 units; the neighborhood believes a unit count of
180-90 units is more appropriate in this setting and is a meaningful increase above R5 entitlements.

III. The Number of Parking Slipsremains insufficient to guarantee that surrounding property owners not
incur injury to their property enjoyment and quality of life. Parking is of course, a function of the
number of units proposed.

IV. The Parking Structure is Unacceptable as it creates blight to surrounding neighbors. The parking
structure must needs be the same height as the residential structure (48’). Additionally, stipulations
must be included which prohibit the possibility of roof-top parking or the installation of lighting
assemblies atop the parking structure. This is to prevent light pollution and preserve the aesthetic
integrity for members of the public utilizing the canalscape for recreation.

V. The failure to arrive at an acceptable arrangement comes as a great disappointment to the
neighborhood. A PUD, if created according to the process stipulated by the PUD manual, guarantees
the community multiple, face-to-face meetings with the developer to broker concession in an orderly
and meaningful way. We met with the developer in a dark parking lot the night before the city council
meeting in a most unorthodox and surely ex-parte fashion that left me ill to my stomach. This can not
be allowed to become a permissible way by which the city allows controversial development cases to
be resolved. If PPD believes that a PUD is the appropriate vehicle to broker a settlement, then the
PUD must go through the normal, prescribed PUD process.

Because what you see before you today is not acceptable to opposition, be it known that opposition has
submitted a requested for continuance. We believe that arriving at an acceptable compromise is still
possible and would like the commission to support the neighborhood in bringing TRG to the table in a
meaningful way. If this is denied and the PUD is subsequently recommended to the City Council without
the inclusion of stipulations ameliorating the above referenced concerns, opposition intends to further
appeal.

Respectfully,

Dillon Hall
324 W. Minnezona Ave.
PHX, AZ 85013




Page 1181
Rcvd.5/5/2021
Towhomitmayconcern,

We,theneighborhood,requestacontinuanceforcase56Ͳ20Ͳ4togoontothenextplanning
commissionmeeting.

Vitalinformationhasnotbeenreceivedorithasnotbeenreceivedwithsufficienttimeto
review.WereceivedimagesfromMr.Gosselinktoday5Ͳ4astotheredesignhoweveritdoes
notlooklikeitincorporatedthe20footsetbacks.Weneedtoseetheofficialnewsiteplan
whichwehavenotseenyet.Additionallywealsohavenotreceivedaconfirmationwhether
thetrafficstudysubmittedonApril8thwasapprovedordeniedbythestreettransportation
department.

ThishasbeenremandedfromCityCouncilanddidnotgothroughthenormalPUDprocess
includingtheAlhambracommittee.Becauseofthis,wedidnothavetheusualopportunityto
reviewsiteplansanddocuments.Wehavenotaskedforasinglecontinuanceuptothispoint.
Wefeelitistheutmostimportancetodosoasit’sacriticaltime.

Thankyou

Sincerely
RonSzematowicz




Page 1182
Racelle Escolar

From: Kenny W
Sent: Tuesday, May 4, 2021 11:07 AM
To: Racelle Escolar
Subject: Please Forward to all 9 Planning Commissioners re Agenda Item #15 (May 6th)



Re:AgendaItem#15"AuraUptown"(DonorNetwork3.29GrossAcreSite)
May6th,Thursday6pmVIRTUALWebexPlanningCommMeeting
PiersonPlaceHistoricDistrict
2Videosegments
1AerialPhoto
Park:0.44Acre
OldGrowthTrees:(25alongstreets&canal)

HiRacelle,

Canyoupleaseforwardthisemailasapwithitstworelevantvideolinks(toall9PlanningCommissioners)ofChannel3
News'"PhoenixCommunityFightstoKeepNeighborhoodPark"coverageretheproposedAuraUptownproject@SEC
of3rdAve&Coolidge,
...alongwiththevideolinkofCityCouncil's92Ͳminutehearingofthiscasethatproduced43minutesofstrong
neighborhoodoppositioncomments,with21neighborsspeakingagainstͲjustatipoftheiceberg.

DonorNetworkofficewasa.44acreparkandMͲF9Ͳ5greatestneighborEVER.

ThePiersonPlaceneighborhoodreallydidn'tawakentothislossofpark&neighborͲtobereplacedbyyetanother
"aggregating"compounding24/7trafficnightmarecomingintothedeepinteriorofourneighborhood(NOarterial
streets)tillAFTERthePlanningCommissionvotedonit.TheCityCouncilfoundthatneighborhood"awakening"outthe
hardwayͲ92minutesworth.Thus,it'sbackforhopefullymuchdifferentPCreconsiderationand2ndthoughts...this
timearound.

Thankyou!

KenWaters
PiersonPlace,27Ͳyrresident

Channel3Newsclip(97secondsegment)thatairedMarch2,2021:
https://www.youtube.com/watch?v=JgHI0aGl7Fk[youtube.com]

April7thCityCouncilHearing:
https://www.youtube.com/watch?v=oaTwv7GpIi4&t=12254s[youtube.com]
(Agendaitem#114,AuraUptownprojectthatlasted1hr,32mins):

AgendaItemStartedatthe3:02:05mark
PublicCommentsstartedatthe3:23:40mark
PublicCommentsendedatthe4:11:00mark
ItemEndedatthe4:34:00mark
92Minutestotal





Page11183
title="YouTubevideoplayer"frameborder="0"allow="accelerometer;autoplay;clipboardͲwrite;encryptedͲmedia;
gyroscope;pictureͲinͲpicture"allowfullscreen>










Page21184
ͲͲͲͲͲͲͲͲͲͲForwardedmessageͲͲͲͲͲͲͲͲͲ
From:DIANELMIHALSKY
Date:Sun,Feb28,2021at5:42PM
Subject:ZͲ56Ͳ20Ͳ4
To:council.district.4@phoenix.gov
Cc:mayor.gallego@phoenix.gov,council.district.1@phoenix.gov
,council.district.2@phoenix.gov,
council.district.3@phoenix.gov,council.district.5@phoenix.gov
,council.district.6@phoenix.gov,
council.district.7@phoenix.gov,council.district.8@phoenix.gov



CouncilpersonPastor:

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QHLJKERUKRRG7ULQVLFKDVVXJJHVWHGWKDWLISDUNLQJEHFRPHVDSUREOHPLWPLJKWUHTXLUHSHUPLWVIRU




Page11185
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7ULQVLFUHTXHVWV

DianeMihalsky

cc:MayorGallegoandCouncilpersonsWilliams,Waring,Stark,Guardado,DiCiccio,Nowakowski,andGarcia




Page21186
Dear Councilperson Pastor,



I am a resident & property owner in Yaple Park Historic Neighborhood, and I write to

express my strongest disapproval of Rezoning Case No: Z-56-20-4.



Z-56-20-4 seeks to permit the construction of a 4 + story mid-rise on the Southeast corner

of 3rd Avenue and Coolidge Street in Midtown Phoenix (the former offices of the Donor

Network of AZ at 201 W. Coolidge). The complex will have a minimum of 218 units (275 beds),

will be set a mere 10 feet back from the street, and effectively will blanket the entire 2.6

acre parcel with a 60 foot structure that will tower over existing homes in every direction.



That the proposed development will damage the surrounding area is the widely-held and

affirmed belief of surrounding homeowners, residents, and private businesses.



I have joined the more than one hundred property owners and residents of the surrounding

neighborhoods in signing petitions against Z-56-20-4 to make clear our opposition to the

proposed changes. These are families and futures belonging to your constituents—of which

I am only one—and I respectfully implore you to consider voting against the rezoning

request. 



The Alhambra Village Planning Committee and City of Phoenix Planning Committee have

both voted in favor of this zoning change, thus allowing for the proposed development to

proceed. Present at both meetings, however, were a large contingent of community members

—all of whom stood in opposition—and all of whom were prevented from meaningful

participation in either public process.




Page 1187
These proceedings were contrary to our democratic principles, and were most especially

egregious as we made repeated attempts to voice our concerns and were given no reasonable

accommodation. The truth is that the surrounding residents are the individuals who will

suffer irreversible life changes, and so ought to have been guaranteed a meaningfulrole in

the decision making process. The process, thus far, has not afforded any role to them.



Like many of my neighbors, I am concerned that the proposed building will diminish

property values within the two adjacent historic neighborhoods1 and will create an unsafe

and dangerous traffic environment in an area in which ingress and egress are already

highly restricted. This is compounded by the fact that there will be insufficient parking to

accommodate the total number of residents, guests and service providers to the building. The

surrounding infrastructure of the neighborhood is not such that it can accommodate an

expected increase to vehicular activity without systemic improvements such as sidewalks—

none of which are part of the proposed development.



Congestion is further compounded by the fact that Pierson Place is bordered on two sides

by the Light Rail and on a third by the Grand Canal, leaving residents (1) No interior South-

Bound Exits, (2) a single Northern exit at Camelback and 3rd Avenue, and (3) a single Eastern

exit at the light on Highland and Central Avenue to head North. This last intersection is

already utilized by, as a necessity, the more than 3,500 students attending St. Francis Xavier

School, Brophy College Preparatory, Xavier College Preparatory and the clergy of the Parish

grounds2.




1 Yaple Park, which is 108 residences 103 of which are single-family-homes & Pierson Place, which is composed of more than 150 residences, 85%

of which are single-family-homes.

2 coming and going both at peak traffic hours and throughout the day.




Page 1188
Many neighbors have expressed their concerns as ADA residents and as parents of young

children who will now be forced to compete with car traffic on the surface streets. Our

neighborhoods have very, very few sidewalks and we fear losing our pedestrian culture to

densification. Our ability to park in front of our own homes will also be compromised. The

stress on existing utilities is an additional concern, as this is a neighborhood built up in the

early 1930’s then again in the post-war 40’s-60’s.



Our sewer lines have been failing for a decade and effectively doubling demand on them

immediately will likely greatly accelerate the failure of this system—which is now at the end of

its projected life cycle, according to the city’s own data. This is yet another major cost to be

born by existing property owners and is a financial burden that gives sole accommodation to

the development in-question. If the City approves the development, it will shift the cost of

supporting the development onto existing individual property owners.



Arguably just as important is our belief that this development will decrease our property

enjoyment, stifle our historical identity, and gravely undermine the independence of our

community to influence—much less chart—our own futures.



Forcing this drastic and arguably inappropriate development upon existing property owners

will cause general injury to our financial positions and social fabric. Of specific concern are

traffic/parking hazards, the degree of density relative to surrounding properties and—frankly

—the aesthetically vacuous character of the proposed building. This area and this site in

particular deserves something better and ought to be developed in such a way as to amplify

the special nature of the surrounding historic neighborhoods.




Page 1189
This is a large development smack-dab in the middle of two traditional, working-class

residential neighborhoods that are on their way up. This development brings our community

nothing of tangible value and, in fact, seriously undermines our expectation as property

owners to continue along an upward trajectory that has proven to be an asset to the city, and

will rationally be expected to continue. This development should be curtailed to benefit and

preserve the greater midtown area in the short-term, mid-term and long-term futures as

sought-after historic residential areas.



Put frankly, this development will transfer the hard-earned wealth generated by individual

homeowners and families toa Wall Street Corporation. This is not a case of xenophobia or of

anti-progressivism; this is a case of decades of hard working, mortgage paying and free-

holding individuals and families who have struggled to ensure that these communities would

not only survive but would flourish seeking to preserve what we have built. Now we are trying

to avoid collision with a powerful single interest, the impact of which we will likely not survive

—at least not recognizably—at the onset of our real prosperity.



I could go on and on, but I think I've expressed enough of your constituents' feelings in this

matter to inform you of our committed sentiment that this development should not go ahead.



Thank you for your time and consideration. Please keep up the good work, Councilperson

Pastor!



Sincerely,

Dillon Hall
324 West Minnezona
Phoenix, Arizona, 85013
Dillon.Hall.MTAZ@gmail.com
602.758.2241




Page 1190
ZĐǀĚϯͬϮϰͬϮϬϮϭ


TheUrbanWalkableCodeisinappropriateforthesiteat3rdAve&CoolidgeSt.Thissiteisaway
fromallarterialroadsandisintheheartofahistoricneighborhoodthatiscutofftothesouth
bythecanal,haslimitedaccesstotheeastandthenorthbecauseofthelightrail,andcontends
withsuicidelaneson7thAvetothewest.Addingthismuchtrafficalongthe3rdAvebikepath
andwithinthisneighborhoodisbadforsafetyandoverallcitydevelopment.Thisdevelopment
inthisareaisinconsistentwiththeverypremiseofawalkablecode.

TrinsicDevelopmentgrouphasappliedforazoningchangefromahistoricR3/R5toaWUT5:5
whichisthesamezoningastheNWcornerofIndianSchoolandCentralAve.

AT5:5ischaracterizedby“abroadmixofbuildingsthatintegrateretail,offices,liveͲworkand
residential”.1Theyaveragein56to100feetinheight.Thereisnothingclosetothisheightany
wherenearthisdevelopmentorwithinthehistoricneighborhood,awayfromarterialroads.
Themajorityofthebuildingsinthesurroundingareaaresinglefamilyhomesonasinglefloor
andsometwostoryresidentialbuildings.TheaverageheightintheareaisLESSthan30feet,
somewherebetweenoneandtwostoryresidential.

AT5:2andT5:3isthenextstepdownandwestillarenotanywherenearitscharacterization.
“AlowintensitymixedusefabriccharacterizedbyaSMALLMAINSTREETSCALECOMMERCIAL
AREAS,adaptivereuseofsingleͲfamilyhomestoretail,officeusesanddiningestablishments
andmixeduseresidentialdevelopmentsincorporatingaBROADmixoffrontagetypes
averaging30to48feetinheight.”2Allthe“mainstreetcommercial”streetsarearterialroads.
3RdAveiscompletelyresidentialandwehavenoretailordiningawayfromarterialroads.
Againwearebetweenoneandtwostorieswiththemajorityoftheareaahistoriconestory
neighborhood.Wearewellbelowtheaverageheightof30Ͳ48’.

EventheT4:2andT4:3discussanaverageof30Ͳ40feetinheight.Wedonothaveclosetothis
averageeither.

Ihavebeenthroughmuchofthe“VisonandMasterPlan”Uptownsectioncitypamphletthat
Trinsichasusedtotoutthiszoningchangetoplanningcommissionsandtheneighborhoodand
itclearlystates“Theplanservesasaguideandisnotregulatory.Additionaloutreachand
researchonunderlyingentitlementsandappropriatenessofspecificpropertieswillbe
conductedduringtherezoningprocess3”(page77uptownsection).Ihavefoundplentyof
mapswithinthispamphletthatshowthispropertyoutsidetheappropriatenessofaWUcode
zone.




https://phoenix.municipal.codes/ZO/1302
https://phoenix.municipal.codes/ZO/1302
https://www.phoenix.gov/pddsite/Documents/PZ/ReinventPHX%20UPTOWN%20TOD%20Policy%20Plan%2011X1
7.pdfpage77




Page 1191

ScreenshotfromCityofPhoenixmunicipalcodessection1302.

























Page 1192
ScreenshotfromCityofPhoenixwebsiteUrbanWalkableCodeHandout





Note:ThepropertyinquestionisNOTpartoftheurbanwalkablecode.Thesearenot
supposedtobetakenverbatim.










Page 1193
AT5:5isthetypeofzoningthatTWOarterialroadsjustreceivedontheNorthwestcornerof
IndianSchoolandCentralAve.


WUT5:5IndianSchoolandCentralAve






WeareRESIDENTIAL.AlookatbusinessesviaGooglemaps.Notetheyareallwithinonehouse
ofarterialroads.NodiningnoretailawayfromCentralor7thAve.3RdAveisstrictlyresidential.
Googlemapsshowsnobusinessesawayfromarterialroads,nodiningandnoretail
Nobusinesseson3rdAveatall









Page 1194
ZĐǀĚϯͬϮϰͬϮϬϮϭ

Theneighborhoodsurroundingthepropertytothewestandtothenorth.Note:awayfrom
arterialroads.

Oksane’spropertyandMonica’shousetothenorth




Page 1195
AdamandPaula’slookingwestfromthedevelopment.Adaminparticularisveryconcerned
withtheproposedheightandtheinvasionofprivacyintohisyard.









Page 1196
LookingwestonthesouthsideofHazelwood.KimandKaren’shouses.









Page 1197
TeresaandMonica’shousedirectlyacrossthestreettothenorthofthedevelopment.









Page 1198
Monica’shousewithTeresa’snextdoortothenorthoftheproperty.









Page 1199





Page 1200





Page 1201
ZĐǀĚϯͬϮϰͬϮϬϮϭ

Trafficandparkingconcerns.

WehaveheardfromJasonMorristhatthisdevelopmentwillbethesametrafficasa34,000sq
ftofficecomplexthathada108parkingspaces.Thisproposedbuildingisgoingclosetothe
curbon115,000sqftblockandwillbe4stories.At218unitswith46studios,116one
bedroomsand56twobedroomthatgivesus274bedswithonly303parkingspots.Thatis1.1
parkingspotsperbed.Thatleaves29spacesforotherhalvesofcouplesandguests.Thisisnot
enoughparking.

Thisneighborhoodiscutofftothesouthbythecanal,haslimitedaccesstothenorthandeast
bythelightrailandcontendswithsuicidelanestothewest.3rdAveisabikepathandatraffic
increasewillreducesafety.Aparkingincreasewillreducevisibility.



108parkingspacesvs303parkingspaces….34,387Sqfeetof2storybuildingvs
115,133sqfootlotsizewhichwillbemostly4storybuilding




Theparkinggaragewithitssingleentranceandexitisgoingtobetowardtheeastofthe
propertytoencouragecarstoheadtowardCentralAve.Centralisrightturnonlyheading
south.




Page 1202
CentralAveisrightturnonlyfromCoolidgeSt
SouthboundOnly














Page 1203
Comingbackintotheneighborhood














Page 1204
ZĐǀĚϯͬϮϰͬϮϬϮϭ

Wehavenotseenanappropriatedrainageplanforthesurroundingareaorthedevelopment’s
impactondrainage.ThefollowingphotosweretakenbyKarenMcCaslandafteroneofour
monsoonsattheproperty.Thisareaisafloodplain.Theprojectwillbebuiltonthisarea.




Page 1205








Page 1206
Itookthisphotooftheproperty.









Page 1207
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Page 1208




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Dillon Hall
324 West Minnezona Avenue
Phoenix, Arizona 85013
March 29, 2021

Phoenix City Council
c/o
Racelle Escolar, Planner III
PDD, Planning Division
(602) 534-2864

Re: Analysis of WU Code as it related to the Council’s consideration of
Z-56-20-4

Dear Councilperson Pastor,

This letter is submitted to clarify and expound upon the analysis
previously submitted by Ron Szmatowicz, the appellant in Case Z-56-20-4, and to
provide additional authorities that are relevant to Trinsic Residential Group’s
(“Trinsic’s”) application to rezone approximately 3 acres at the southeast corner
of N. 3rd Ave. and W. Coolidge St. (“subject site”) from multifamily R-3 and R-5 to
Walkable Urban Code (“WU Code”) Transect 5:5. The application must be
denied because (1) The subject property is not located within the area
circumscribed by City’s current Transportation Overlay District (“TOD”) or
Master Plan/Walkable Urban Code (“Master Plan”) and (2) Even if the site were
located in the TOD or an area that is subject to the WU Code, the proposed
development’s scale and density are not consistent with the surrounding 1- and
2-story historic structures and setbacks of surrounding properties.

1. The City should deny Trinsic’s application under the WU
Code because the subject site was excluded from the City’s
most recent iterations of the TOD and Master Plan.

When the City constructed the light rail, it designated the area on either
side of the light rail route as the TOD, which was intended for higher density
development to promote ridership on the light rail. In 2015, Chapter 13 was
added to the City Code to create a Walkable Urban Code “to implement the
vision and policies of the [TOD] Policy Plans” for certain neighborhoods,

Page 1226
including Uptown, where the subject site is located, and to “encourage an
appropriate mixture and density of activity around transit stations . . . .” Code
Section 1301(B). A map appended to the 2015 version of Chapter 13 showed
the TOD extending from N. 3rd Ave. to N. 3rd St. along N. Central Ave. in the
Uptown Transect District, between Indian School and Camelback Rds. The map
also included the disclaimer: “The City Clerk’s Office has the official version of
the Phoenix Zoning Ordinance. Users should contact the City Clerk’s Office for
ordinances passed subsequent to the ordinance cited above.”
The Staff Report for Z-56-20-4 stated that Trinsic’s plan would serve the
goals of the TOD and WU Code. See Staff Report at 7-8, Background Items Nos.
5 and 6. Since 2015, however, the City has refined the crude map appended to
Chapter 13 to exclude certain sites, including the subject site, from the TOD. See
Exhibit 1 (Interim Transit-Oriented Zoning Overlay District One (TOD-1)).
Similarly, the City’s current Master Plan excludes the subject site from the Master
Plan. See Exhibits 2, 3, 4 (Master Plan, Uptown-TOD Policy Plan and Walkable
Urban Code fo the Uptown District).
Developers should not be allowed unilaterally to set the course of the
City’s development against the City’s plan to preserve certain areas for other
uses, to the detriment of well-established residential neighborhoods. Because the
subject site is not included in the current TOD or Walkable Urban Code area,
the City should deny Trinsic’s application to rezone the site to WU Code T5:5.

2. The City should deny Trinsic’s application because the
proposed development’s scale and density are not consistent
with the surrounding 1- and 2-story historic structures and
setbacks of surrounding properties.

Trinsic plans to construct a 4-story + mezzanine, 218-unit luxury
apartment complex with only a 10’ setback from N. 3rd Ave. and W. Coolidge,
which are small local streets. The WU Code provides for a “[m]inimum ten-foot
landscape setback . . . .” Section 1303(A)(2)(a).
The Staff Report for Z-56-20-4 describes the neighborhoods surrounding
the proposed development, in relevant part as follows:


Page 1227
East: Immediately east of the subject site is a
multifamily complex which is zoned R-5 (Multifamily
Residence District). . . . [T]he existing buildings do
not exceed three stories in height.

West: West of the subject site across 3rd Avenue are
residential structures of a single-story and
single-family detached character. . . .

North: North of the subject site across Coolidge
Street are various residential structures
ranging from a single-family detached
character to small apartment complex, with
neither type exceeding two stories. . . .

South (the Grand Canal): South of the subject site is
the Grand Canal . . . .


Staff Report at 6 (emphasis added). The Report notes that the subject site is
located “within one-quarter mile from two light rail stations,” not adjacent to the
light rail corridor. See id. at 8.
The WU Code’s transect districts “vary by the level and intensity of their
physical and social character, providing immersive contexts from less intense to
more intense urban development.” Section 1302(A). The T5:5 Transect district,
which designation Trinsic seeks for the parcel, as “[a] medium-high intensity
mixed-use fabric characterized by a broad mix of buildings that
integrate retail, offices, live-work and residential units adjacent to
the Light Rail Corridor, averaging 56 to 100 feet in height.” Section
1302(A)(4) (emphasis added). According to the Staff Report, the subject site is
surrounded on two sides by predominantly one-story single-family dwellings, a
small two-story apartment complex, and, to the east, a three-story apartment
complex, averaging, at most, 15 to 35 feet in height. The light rail corridor is at
least three blocks away. The subject site does not meet Code requirements for
WU Code T5:5.
Chapter 13 does recognize the T3-2 Transect District as “[l]ow-intensity
residential fabric characterized primarily by single-family homes and duplexes in
relatively large lots with deep setbacks.” Section 1302(A)(1). Although this

Page 1228
characterization may fit the neighborhood surrounding the subject site, Trinsic
has not requested this zoning classification. Moreover, as noted above, Trinsic’s
proposed Aura Uptown project has only 10’ setbacks from the local streets on
which it is located. The 3-story apartment complex on the east has at least 30’
setbacks; the setbacks for the single-family detached structures and small
apartment complexes surrounding the proposed development have at least 25’ to
40’ setbacks. Although Chapter 13 provides that “[f]rontage setbacks maybe
expanded . . . by 20 percent in order to match adjacent frontage setbacks,”
Section 1304(B)(1), that would only bring the proposed development’s setbacks
to 12’. The proposed development would stick out like a sore thumb from
adjacent properties.

Conclusion

We do not oppose development in areas that that been designated as the
TOD or Walkable Urban Code along the arterial streets on the edges of the
Pierson Place and Carnation residential neighborhoods. 1 But Trinsic application
in Z-56-20-4 must be denied because (1) The subject property is not located
within the area circumscribed by City’s current TOD or Master Plan and (2) Even
if the site were located in the TOD or an area located in an area that is subject
to the WU Code, the proposed development is not consistent with the
surrounding 1- and 2-story historic structures and setbacks of surrounding
properties.


Respectfully,


Dillon Hall


Ron Szmatowicz




See SURMHFWDWVRXWKHDVWFRUQHURI1UG$YHDQG:,QGLDQ6FKRRO5G KHLJKW 
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Page 1229
EXHIBIT
I




Page 1230
Page 1231
EXHIBIT
II




Page 1232
  


      
The Walkable Urban Code plan guides rezoning to the new WU Code. The plan identifies the rezoning locations and intensity
level Transect sub-districts that are consistent with the Vision and Master Plan.
The plan serves as policy guidance and is not regulatory. Additional outreach and research on underlying entitlements and
appropriateness of specific properties will be conducted during the rezoning process.




The Transit Oriented Development Strategic Policy Framework document identifies the Placetype for certain light-rail stops within
the District.
Like the Conceptual Master Plan, the Placetype models inform the proper scale and character of the Districts, which is then
encoded in the Regulating Plan.




    
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SUBJECT PROPERTY



      
Page 1235
From: DIANE L MIHALSKY
To: Mayor Gallego; Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Nick Klimek
Subject: Z-56-20-4 (scheduled for 4/7 at 2:30 p.m., item 114)
Date: Monday, April 5, 2021 10:16:08 AM


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Page 1236
Page 1237
Attachment D

REPORT OF PLANNING COMMISSION ACTION
May 6, 2021

ITEM NO: 15
DISTRICT NO.: 4
SUBJECT:

Application #: Z-56-20-4 (Aura Uptown PUD)
Location: Southeast corner of 3rd Avenue and Coolidge Street
From: R-3 and R-5
To: PUD
Acreage: 3.29
Proposal: Planned Unit Development for multifamily residential
Applicant: T. Gosselink, Trinsic Residential Group
Owner: Donor Network of Arizona
Representative: Jason Morris, Withey Morris, PLC

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation: Did not hear request for PUD.

Planning Commission Recommendation: Approval, per the Addendum A Staff Report with a
modified stipulation and additional stipulations.

Motion Discussion:

Commissioner Howard made a MOTION to approve Z-56-20-5, per Addendum A of the Staff
Report.

Commissioner Johnson made a substitute motion to approve Z-56-20-5, per Addendum A of the
Staff Report with additional stipulations to include that 20 percent open space (including the
canalscape) be required; that half the existing trees along the perimeter of the site must be
salvaged, and if unsalvageable then replaced with a minimum four-inch caliper tree or two, two-
inch caliper trees; and a modification of the maximum height on the north and west property
lines to 48 feet.

Commissioner Busching asked for a friendly amendment to increase the landscape setback
along the south property line.

Commissioner Johnson did not accept the amendment and responded that the increase in open
space will result in additional landscaping.

Commissioner Busching agreed.

Ms. Racelle Escolar asked for clarification on the motion.

Commissioner Johnson clarified that his motion is to approve Z-56-20 per Addendum A of the
Staff Report and added stipulations to require that the developer increase the open space,




Page 1238
which includes the canalscape to 20 percent, with 75 percent being public open space, that at
least half of the existing trees shall be salvaged along the perimeter of the property and if
unsalvageable to replant a minimum four-inch caliper tree or two, two-inch caliper trees, and
that the maximum building height be 48 feet on the north and west property lines.

Ms. Escolar responded that the additional open space stipulation would be an amendment to
the PUD Development Standards to change it from 10 percent to essentially 15 percent for
publicly accessible open space and 5 percent general open space (including the canalscape).
She verified that the additional stipulation for salvaging trees would be for the existing trees on
the north and west property lines and stated that the provision can be added to the landscape
section of the PUD. She asked if the height limitation of 48 feet was only for the units along the
north and west or for a specific segment of the portions of the buildings.

Commissioner Johnson stated that the buildings on the south and east can go up to 56 feet and
the buildings on the north and west can go up to 48 feet.

Ms. Escolar verified that the maximum height requirements in the PUD Development Standards,
can be modified to limit the building height of the units along the north and west portions of the
building to 48 feet in height.

Commissioner Busching seconded the substitute motion.

Commissioner Gorraiz stated that he was in opposition to the substitute motion due to the
significant increase in open space and number of changes.

Commissioner Gaynor explained that this is a recommendation and City Council can accept or
deny the recommendation and feels comfortable with the motion.

Vice-Chairperson Howard stated the site is an infill site and open space is difficult to come by
without using units and economically can be difficult.

Motion details: Commissioner Johnson made a MOTION to approve Z-56-20-5, per Addendum
A of the Staff Report with additional stipulations to update the PUD Narrative to require 15
percent publicly accessible open space and 5 percent general open space (including the
canalscape), and requiring that half of the trees along the north and west perimeter be
salvaged, and if unsalvageable to be replaced with a four-inch caliper tree or two, two-inch
caliper trees; and a modified stipulation to limit the building height of the units along the north
and west portions of the building to 48 feet in height, and the remaining portions of the building
can be 56 feet.

Maker: Johnson
Second: Busching
Vote: 6-3 (Gorraiz, Howard, Perez)
Absent: None
Opposition Present: Yes

Findings:

1. The proposal is consistent with the General Plan Land Use Map designation of
Residential 15+ Dwelling Units Per Acre and the TOD Strategic Policy
Framework Minor Urban Center Place Type designation.




Page 1239
2. The development advances the vision and recommendations contained in the
Uptown Transit Oriented Development Plan and will support pedestrian
oriented development near the light rail and multiple urban bikeways.

3. The proposal will create additional housing options for the significant number of
residents in the Uptown TOD District.

Stipulations:

1. The south facing mass of the building(s) oriented to the Grand Canal shall
incorporate Walkable Urban Code Frontage Types described in Section 1305
for a minimum 40 percent of the building face(s), as approved by the Planning
and Development Department. For the purpose applying the above provisions,
the above shall be treated as a Secondary Frontage with regard to glazing.

AN UPDATED DEVELOPMENT NARRATIVE FOR THE AURA UPTOWN
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 APRIL 29, 2021, AS MODIFIED BY THE
FOLLOWING STIPULATIONS:

A. FRONT COVER: REVISE THE SUBMITTAL DATE INFORMATION ON
THE BOTTOM TO ADD THE FOLLOWING: CITY COUNCIL
ADOPTED: [ADD ADOPTION DATE].

B. PAGE 8, DEVELOPMENT STANDARDS TABLE, BUILDING HEIGHT:
MODIFY BUILDING HEIGHT STANDARD TO READ AS FOLLOWS: A
MAXIMUM HEIGHT OF 48 FEET FOR ALL BUILDINGS EXCEPT FOR
THE PARKING GARAGE WHICH SHALL BE A MAXIMUM HEIGHT
OF 56 FEET.”

NORTH STREET FRONTAGE/WEST STREET
FRONTAGE: 48 FEET
(UNITS ALONG THE NORTH AND WEST)

EAST FRONTAGE/SOUTH FRONTAGE: 56 FEET

C. PAGE 8, DEVELOPMENT STANDARDS TABLE, MINIMUM OPEN
SPACE: MODIFY MINIMUM OPEN SPACE STANDARD TO READ
AS FOLLOWS:

15% PUBLICLY ACCESSIBLE OPEN SPACE
5% GENERAL OPEN SPACE
(INCLUDING CANALSCAPE)

CD. PAGE 9, LANDSCAPE DEVELOPMENT STANDARDS TABLE,
CANALSCAPE; MODIFY THE FIRST BULLET POINT TO READ AS




Page 1240
FOLLOWS: A PUBLICLY ACCESSIBLE LANDSCAPED
GREENSPACE AREA SHALL BE PROVIDED ADJACENT TO THE
ARIZONA GRAND CANAL TRAIL ON THE SOUTH SIDE OF THE
PROPERTY. AT MINIMUM, THE GREEN SPACE AREA WILL
MEASURE 4,800 SQUARE FEET, 15 FEET IN DEPTH FOR A
DISTANCE OF 260 FEET, 7 FEET IN DEPTH FOR A DISTANCE OF
70 FEET, AND SHALL BE GENERALLY CONSISTENT WITH THE
LANDSCAPE PLAN IN EXHIBIT 7. A MINIMUM OF 3 PEDESTRIAN
AMENITIES, WHICH COULD INCLUDE BUT ARE NOT LIMITED TO,
BENCHES AND SHADE CANOPIES SHALL BE PROVIDED WITHIN
THE LANDSCAPE AREA.

E. PAGE 9, LANDSCAPE DEVELOPMENT STANDARDS TABLE,
STREETSCAPE (COOLIDGE STREET AND 3RD AVENUE
FRONTAGES); ADD A BULLET POINT TO READ AS FOLLOWS:
HALF OF THE TREES ALONG THE NORTH AND WEST
PERIMETER SHALL BE SALVAGED, AND IF UNSALVAGEABLE
THEY MUST BE REPLACED WITH A MINIMUM 4-INCH CALIPER
TREE OR TWO 2-INCH CALIPER TREES.

2. The south facing mass of the building(s) oriented to the Grand Canal shall
contain architectural embellishments, design detailing, and / or space
programming to activate and provide visual access onto the canal, as
approved by the Planning and Development Department. Examples of
appropriate enhancements may include textural changes, offsets, recesses,
variation in window size and location, overhang canopies, balconies with a
depth greater of than 3 feet, and amenities such as gathering spaces.

3. Between the southern mass of the building and the south property line (the
Grand Canal right-of-way), the developer shall plant minimum 3-inch caliper,
large canopy shade trees, at a minimum frequency of 25 feet on center or in
equivalent groupings, as approved or modified by the Planning and
Development Department.

4. The provisions of Section 1310.A.2 of the Phoenix Zoning Ordinance shall
apply to require shaded open space of which a minimum 50 percent shall be
situated adjacent to the south property line (the Grand Canal right-of-way), as
approved or modified by the Planning and Development Department.

5. No solid perimeter wall greater than 36 inches in height shall be oriented to
and located within 30 feet of the south property line (the Grand Canal right-of-
way), as approved by the Planning and Development Department.

6. The developer shall provide traffic calming to slow vehicle traffic exiting the
property with specific regard to pedestrian safety on the public sidewalk, as
approved by the Planning and Development Department.

7. The developer shall provide a minimum of two direct and accessible pedestrian
connections from the amenity areas located south of the building mass to the
shared use path along the Grand Canal Trail, as approved by the Planning and
Development Department.




Page 1241
8. The developer shall provide and maintain the following bicycle infrastructure as
described below and as approved by the Planning and Development
Department.

a. A bicycle repair station (fix-it station) along the southern edge of the
site, visible, and accessible from the public sidewalk and / or the Grand
Canal Trail. The station shall include but not limited to: standard repair
tools affixed to the station; a tire gauge and pump; and a bicycle repair
stand which allows pedals and wheels to spin freely while adjusting the
bike.

b. All required bicycle parking for multifamily use, per Section 1307.H.6.d
of the Phoenix Zoning Ordinance, shall be secured parking.

c. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section
1306.H. of the Phoenix Zoning Ordinance.

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

10.3. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740 L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. 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 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 shall be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements.

c. The developer shall provide a FEMA approved CLOMR-F or CLOMR
prior to issuance of a Grading and Drainage permit.

11.4. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.




Page 1242
12.5. The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.

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

14.7. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED
IN THE REZONING APPLICATION FILE FOR RECORD.

This publication can be made available in alternate format upon request. Please contact Tamra
Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 1243
Attachment E

CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON:
MAY 19, 2021
APPLICATION NO/ Z-56-20-4 (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Southeast corner of opposition x applicant
3rd Avenue and
Coolidge Street
Phoenix, AZ 85013 PC 5/6/2021 308 West Coolidge Street
Phoenix, AZ 85013
PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC 5/19/2021 Ron Szematowicz
HEARING 602-748-5607
pjharveytrack12@yahoo.com
CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

We do not agree with the stipulations of the PUD from the Planning Commission. We want
further negotiations under the PUD.

RECEIVED BY: Kim Steadman RECEIVED ON: 5/7/2021

Alan Stephenson Danielle Jordan
Joshua Bednarek Ra’Desha Williams
Tricia Gomes Nick Klimek
Racelle Escolar Samantha Keating
Stephanie Vasquez Paul M. Li
David Urbinato Applicant
Vikki Cipolla-Murillo




Page 1244
Page 1245
Attachment F
Racelle Escolar

From: Olga Petkova
Sent: Thursday, May 6, 2021 11:47 AM
To: PDD Planning Commission
Subject: In opposition/z-54-20-4



Dear members of the planning commission,

As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked
for a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.

We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand
Canal‐scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density,
vehicles, units, height of the parking garage, and lack of appropriate parking spaces.

Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.

If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for
an R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173.

210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density

We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts
the neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/
parking spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this
blind.

Please give us our continuance,

Olga Petkova

Sent from my iPhone




Page11246
Racelle Escolar

From: Ivo Petkov
Sent: Thursday, May 6, 2021 11:50 AM
To: PDD Planning Commission
Subject: In opposition / z-56-20-4


Dear members of the planning commission,

As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked for
a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.

We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand Canal-
scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density, vehicles,
units, height of the parking garage, and lack of appropriate parking spaces.

Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.

If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for an
R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173.

210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density

We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts the
neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/ parking
spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this blind.

Please give us our continuance,

Ivo Petkov

Sent from my iPhone




Page11247
Racelle Escolar

From: nancygmcmillan@q.com
Sent: Thursday, May 6, 2021 12:25 PM
To: PDD Planning Commission
Subject: RE: 3rd Av & Coolidge project



Sorry need to state need a continuance until we can see site plans and discuss with our neighborhood


From: nancygmcmillan@q.com
Sent: Thursday, May 6, 2021 12:20 PM
To: 'pdd.planningcomm@phoenix.gov'
Subject: 3rd Av & Coolidge project

Team,
I hope all is well? I am writing regarding the project development on 3rd Av & Coolidge. We were unaware that if
we opposed or approved that we were to email you all.

My name is Nancy G. McMillan and I live at 151 W Mariposa St, Phoenix, AZ 85013. While I appreciate the PUD
recommendation from Laura we have some concerns.

I am in opposition for the following reasons:
 Have not seen plan or site plans after the original was declined
o Things that were recommended we have no way to verify
o For example we got some pictures of the new proposal, but there are no setbacks
 TRAFFIC
o No traffic study done and this is a major concern
 Parking
o While everyone says permit parking is going to be done this is the responsibility of the
neighborhood not the developer and council
o They have supposedly decreased parking which is unacceptable especially if a taller unit
o Need to make sure they have plenty of visitor parking
 Setbacks
o They are not shown in the pictures we have received
o Setbacks should be 33’ wide and grass over the 16’6” grassed over
 THIS IS NOT AN ARTERIAL ROAD
o These size and types of apartments are appropriate for arterial roads not internal to a
neighborhood
o This should not be any higher than other apartments in the neighborhood

I think this is enough for now.
Nancy,



To help protect y ou r priv acy , Microsoft Office prev ented
download of this pictu re from the Internet.




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Page11248
Racelle Escolar

From: Tania Bachelot
Sent: Thursday, May 6, 2021 2:34 PM
To: Racelle Escolar; PDD Planning Commission


Dear members of the planning commission,

As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked for
a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.

We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand Canal-
scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density, vehicles,
units, height of the parking garage, and lack of appropriate parking spaces.

Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.

If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for an
R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173.

210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density

We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts the
neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/ parking
spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this blind.

Please give us our continuance,

Kind regards,

Tania Petkova Bachelot (Sevigne LLC)
506 W Coolidge street, 85013 Phoenix




Page11249
Racelle Escolar

From: Adam Ghiz
Sent: Thursday, May 6, 2021 2:57 PM
To: PDD Planning Commission
Subject: Opposition to Z56-20-4 (3rd and Coolidge)


I’m writing to voice my opposition to the modified zoning request for z-56-20 3rd ave and Coolidge

This request was remanded down from city council to be modified into a PUD to try and work with the neighborhood to
find a compromise.


It was to address four things, density, traffic, parking and setbacks. So far only one of these has been barely touched.
The 20 foot setback is now being interpreted to be less than 20 feet from the curb to building, that aren’t materially
pushing the building back 20 feet from the curb. The intent of which was to aid in privacy of the neighboring single family
homes. The units were reduced by 8 which is only a 4% decrease, again not a substantial change from the original plan.
Also, apparently the parking has been reduced as well bringing the available parking percentage to nearly the same as
the original design. All of this while the garage is still allowed to be 56 feet tall. I ask you, if they have reduced the parking
available, why is the garage still higher than the building? Also, if parking concerns were an issue with the original design,
why reduce the number of available spots even more?


The other issue with this is that these plans have not been revealed to the public yet and this meeting is today. How can
input be given, if the changes have not been made public? We are losing normal steps in the PUD process here and by
not giving access to the changes, we are further being infringed upon.

I feel that the neighborhood is asking for reasonable items and there is room to come to an agreement. I also feel that the
spirit of the PUD is not being respected nor is it being used the way it was intended

I feel that this leads one to the conclusion that either this request must be extended to a future meeting where these
issues can be address in the proper manner, or this must be denied.

Adam Ghiz
302 W Hazelwood St
Phoenix, AZ 85013




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