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Meeting phoenix-pdf-2024-01-03 complete

2024-01-03 · Formal Meeting

Items: 91

Formal Meeting

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Item text
(CONTINUED FROM DEC. 13, 2023) - For Approval or Correction, the Minutes of
the Formal Meeting on March 3, 2021

Summary
This item transmits the minutes of the Formal Meeting of March 3, 2021, for review,
correction and/or approval by the City Council.

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

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




Page 13



Report

Supporting documents

No supporting documents stored.


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Item text
to Boards and Commissions

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

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




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ATTACHMENT A




To: City Council Date: January 3, 2024
From: Mayor Kate Gallego

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

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

Citizens Transportation Commission

I recommend the following for appointment:

Clark Princell
Mr. Princell is the President & CEO of Valley Partnership and a resident of District 6. He
replaces David Martin as an at large representative for a term to expire June 30, 2026.

Industrial Development Authority

I recommend the following for appointment:

*REVISED Colin Tetreault
Mr. Tetreault is a Senior Manager for Climate Change & Sustainability Services at EY,
and a resident of District 6. He fills a vacancy for a term to expire November 1, 2027.

Paradise Valley Village Planning Committee

I recommend the following for appointment:

Amber Knapp
Ms. Knapp is an Urban and Rural Planner for Upfront Planning & Entitlements, and a
resident of District 3. She fills a vacancy for a term to expire November 19, 2025.

Phoenix Employment Relations Board

I recommend the following for reappointment:
Phillip Hanley
Mr. Hanley will serve his 9th term to expire December 15, 2026.

Phoenix Youth & Education Commission

I recommend the following for appointment:

Ashton Dolce
Ms. Dolce is a student and fills a Youth vacancy for a term to expire August 31, 2026.

Aswita Kode
Ms. Kode is a student and fills a Youth vacancy for a term to expire August 31, 2026.
ATTACHMENT A




To: City Council Date: January 3, 2024
From: Mayor Kate Gallego

Subject: BOARDS AND COMMISSIONS – APPOINTEES

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

Citizens Transportation Commission

I recommend the following for appointment:

Clark Princell
Mr. Princell is the President & CEO of Valley Partnership and a resident of District 6. He
replaces David Martin as an at large representative for a term to expire June 30, 2026.

Industrial Development Authority

I recommend the following for appointment:

Colin Tetreault
Mr. Tetreault is a Senior Manager for Climate Change & Sustainability Services at EY,
and a resident of District 6. He fills a vacancy for a term to expire May 1, 2029.

Paradise Valley Village Planning Committee

I recommend the following for appointment:

Amber Knapp
Ms. Knapp is an Urban and Rural Planner for Upfront Planning & Entitlements, and a
resident of District 3. She fills a vacancy for a term to expire November 19, 2025.

Phoenix Employment Relations Board

I recommend the following for reappointment:




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Phillip Hanley
Mr. Hanley will serve his 9th term to expire December 15, 2026.

Phoenix Youth & Education Commission

I recommend the following for appointment:

Ashton Dolce
Ms. Dolce is a student and fills a Youth vacancy for a term to expire August 31,
2026.

Aswita Kode
Ms. Kode is a student and fills a Youth vacancy for a term to expire August 31, 2026.




Page 16



Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - St. John the Baptist - Romanian Orthodox
Church

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

Summary

Applicant
Virgil Marchis

Location
3749 W. Behrend Dr.
Council District: 1

Function
Music Concert

Date(s) - Time(s) / Expected Attendance
Jan. 27, 2024 - 7 p.m. to 2 a.m. / 150 attendees

Staff Recommendation
Staff recommends approval of this application.

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




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Postino Kierland

Request for a liquor license. Arizona State License Application 264810.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant

Location
7030 E. Greenway Pkwy., Ste. 185E1A
Zoning Classification: C-2 PCD
Council District: 2

This request is for a new liquor license for a restaurant. This location is currently
licensed for liquor sales with a Series 7 - Beer and Wine Bar, liquor license.

The 60-day limit for processing this application is Jan. 8, 2024.

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

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


Page 18


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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is an experienced licensee committed to upholding the highest standards to
maintain compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Postino is known for its delicious food and wide selection of curated wines and
specialty beers. In response to capital requests, Postino would like to offer spirits to
guests 21+ who prefer craft cocktails with the fresh meals they enjoy at the
restaurant.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Postino Kierland - Data
Attachment - Postino Kierland - Map

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




Page 19
Liquor License Data: POSTINO KIERLAND
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Beer and Wine Bar 7 3 1

Liquor Store 9 3 0

Beer and Wine Store 10 8 1

Restaurant 12 29 15


Crime Data

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

Property Crimes 64.2 19.79 33.86

Violent Crimes 12.31 1.48 2.33
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 46 1

Total Violations 80 1


Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1032191 834 44 30 13

1032201 1364 95 15 3

1032202 513 51 32 4

1032203 1161 0 16 7

2168161 1812 95 0 4

Average 0 61 13 19




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Liquor License Map: POSTINO KIERLAND
7030 E GREENWAY PKWY




Ü
Date: 11/14/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - Phoenix Chinese Week

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

Summary

Applicant
Eva Li

Location
300 E. Indian School Road
Council District: 4

Function
Chinese Festival

Date(s) - Time(s) / Expected Attendance
Feb. 3, 2024 - 9 a.m. to 5 p.m. / 6,000 attendees
Feb. 4, 2024 - 10 a.m. to 5 p.m. / 6,000 attendees

Staff Recommendation
Staff recommends approval of this application.

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




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - 7th Avenue Merchants Association, Inc.

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

Summary

Applicant
William Moore

Location
4221 N. 7th Ave.
Council District: 4

Function
Street Fair

Date(s) - Time(s) / Expected Attendance
March 2, 2024 - 11 a.m. to 5 p.m. / 10,000 attendees

Staff Recommendation
Staff recommends approval of this application.

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




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Cielo Rojo LLC

Request for a liquor license. Arizona State License Application 266181.

Summary

Applicant
Yesica Lee, Agent

License Type
Series 12 - Restaurant

Location
1919 N. 16th St.
Zoning Classification: C-2
Council District: 4

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

The 60-day limit for processing this application is Jan. 13, 2024.

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

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


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

Mariscos Playa Hermosa (Series 12)
1605 E. Garfield St., Phoenix
Calls for police service: 8
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:
“My family and I have owned and operated a successful restaurant in the central
phoenix area for over 22 years. We have the capability to hold a liquor license
because we hold ourselves accountable. We consider the privilege of holding a liquor
license because we hold ourselves accountable. We consider the privilege of holding a
liquor license a great responsibility and one we handle with great respect. We
continually take new classes to hone our skills to be able to uphold, enforce and
educate our staff, and ourselves, about the current liquor laws. We are an ownership
group consisting of four adult members, of which all are responsible, good-standing
members of society. Our ownership group takes our restaurant business very seriously
and we participate in its operation daily. We have the reliability to hold a liquor license
due to our years operating in the restaurant industry without fault, without accident and
without legal incident. We take out responsibility to the consumer very seriously. Lastly,
our qualifications to hold a liquor license, as referenced above, hold us in a unique
position to continue our family's business in this new restaurant we are going to be
opening.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“It allows us to open another local, family-owned restaurant here in the Central
Phoenix area. We take pride in the fact that our restaurants are built and created with
our core family values. We like to encourage and promote family-focused dining and
not a late-night ambiance. This restaurant will be serving home-made, traditional, and
authentic Mexican cuisine, which we feel will add to the Phoenix food culture a great


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deal. Moreover, in opening this new restaurant we will directly be serving the best
interest of the local community by providing several new jobs for those seeking work in
the restaurant industry. Our family takes pride in not only serving great, delicious
foods, but also providing opportunity.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Cielo Rojo, LLC - Data
Attachment - Cielo Rojo, LLC - Map

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




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Federal Pizza

Request for a liquor license. Arizona State License Application 264827.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant

Location
5210 N. Central Ave., Ste. 104
Zoning Classification: C-2 TOD-1
Council District: 4

This request is for a new liquor license for a restaurant. This location is currently
licensed for liquor sales with a Series 7 - Beer and Wine Bar, liquor license.

The 60-day limit for processing this application is Jan. 15, 2024.

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

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


Page 30


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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is an experienced licensee committed to upholding the highest standards to
maintain compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Federal Pizza is known for its wood-fired pizza and Italian favorites, complemented by
an impressive selection of unique beers and wines. In response to customer requests,
Federal Pizza would like to offer spirits to guests 21 + who prefer craft cocktails with
the delicious meals they enjoy at the restaurant.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Federal Pizza - Data
Attachment - Federal Pizza- Map

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




Page 31
Liquor License Data: FEDERAL PIZZA
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 1

Bar 6 8 1

Beer and Wine Bar 7 12 10

Liquor Store 9 7 1

Beer and Wine Store 10 4 2

Restaurant 12 56 19


Crime Data

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

Property Crimes 64.2 146.89 119.1

Violent Crimes 12.31 21.17 14.22
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 46 55

Total Violations 81 121




Page 32
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1074002 1009 62 7 16

1074005 661 0 30 77

1075001 758 80 2 3

1075002 1458 74 7 15

1075003 1599 46 15 14

1088021 1456 23 32 31

1088022 435 43 41 19

Average 0 61 13 19




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Liquor License Map: FEDERAL PIZZA
5210 N CENTRAL AVE




Ü
Date: 11/16/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 34



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Postino Central

Request for a liquor license. Arizona State License Application 264804.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant

Location
5144 N. Central Ave.
Zoning Classification: C-2 TOD-1
Council District: 4

This request is for a new liquor license for a restaurant. This location is currently
licensed for liquor sales with a Series 7 - Beer and Wine Bar, liquor license.

The 60-day limit for processing this application is Jan. 8, 2024.

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

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


Page 35


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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is an experienced licensee committed to upholding the highest standards to
maintain compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Postino is known for its delicious food and wide selection of curated wines and
specialty beers. In response to customer requests, Postino would like to offer spirits to
guests 21+ who prefer craft cocktails with the fresh meals they enjoy at the
restaurant.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Postino Central - Data
Attachment - Postino Central - Map

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




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - CASA Academy

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

Summary

Applicant
Tacey Cundy

Location
8047 N. 35th Ave.
Council District: 5

Function
School Concert

Date(s) - Time(s) / Expected Attendance
Feb. 23, 2024 - 7 p.m. to 10 p.m. / 250 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 40



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Ambrogio15

Request for a liquor license. Arizona State License Application 266246.

Summary

Applicant
Amy Nations, Agent

License Type
Series 12 - Restaurant

Location
2502 E. Camelback Road, Ste. #112
Zoning Classification: C-2
Council District: 6

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

The 60-day limit for processing this application is Jan. 12, 2024.

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

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


Page 41


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 train all of our employees in responsible liquor service and will 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 are excited to welcome our guests, and we are confident that we will be able to
take them on an authentic journey focused on contemporary Italian cuisine, looking to
the future without forgetting the traditions, experiences and people that made us who
we are.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Ambrogio15 - Data
Attachment - Ambrogio15 - Map

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




Page 42
Liquor License Data: AMBROGIO15
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 7 3

Beer and Wine Bar 7 2 1

Liquor Store 9 3 0

Beer and Wine Store 10 6 0

Hotel 11 3 2

Restaurant 12 38 19


Crime Data

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

Property Crimes 64.2 133.89 140.87

Violent Crimes 12.31 10.58 9.12
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 46 11

Total Violations 80 21




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Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1077001 1222 100 2 3

1077002 738 57 10 8

1078002 1477 63 28 5

1084004 1641 65 7 19

1085022 732 23 28 12

1085024 549 43 31 15

Average 0 61 13 19




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Liquor License Map: AMBROGIO15
2502 E CAMELBACK RD




Ü
Date: 11/14/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 45



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Chevron

Request for a liquor license. Arizona State License Application 09070527.

Summary

Applicant
Chevron

License Type
Series 9 - Liquor Store

Location
4737 E. Broadway Road
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a convenience store that does not sell gas.
This request is for an ownership and location transfer of a liquor license. This location
was not previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is Jan. 23, 2024.

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




Page 46

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.

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:
“The owner has extensive experience in operating at this location for many years.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We have served the community for over 15 years. We would like to offer our
neighbors the opportunity to purchase beer, wine and spirits.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Chevron - Data
Attachment - Chevron - Map

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




Page 47
Liquor License Data: CHEVRON
Liquor License

Description Series 1 Mile 1/2 Mile

Producer 1 1 0

Wholesaler 4 5 0

Bar 6 1 0

Beer and Wine Bar 7 4 2
Beer and Wine Store 10 7 2
Hotel 11 4 1

Restaurant 12 5 4
Club 14 1 0



Crime Data

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

Property Crimes

Violent Crimes
64.2

12.31
43.41

8.41
73.67

21.97
I
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within½ mile radius


Property Violation Data
Description Average 1/2 Mile Average


I Parcels wNiolations 47 5
I
I Total Violations 81 14
I




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

1152001 1118 13 16 58

1152003 546 8 44 45
1162041 1426 79 6 24
1162043 535 59 24 8

3197041 1777 42 9 20
Average 0 61 13 19




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Liquor License Map: CHEVRON
4737 E BROADWAY RD
, ..

,11 r I r




t I




I ir1 I II I





oulh




I 1 11 1 • If
lqlil 11 6 111




Date: 11/30/2023
0 0.2 0.4
•••-====:::::i••••mi
■--=:::: :■--=:::: :■
0.8 1.2 1.6



City Clerk Department
Page 50



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Special Event - Alwun House Foundation

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

Summary

Applicant
Dana Johnson

Location
1209 E. Diamond St.
Council District: 8

Function
Art Show

Date(s) - Time(s) / Expected Attendance
Feb. 2, 2024 - 6 p.m. to 10:30 p.m. / 350 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 51



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Special Event - Alwun House Foundation

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

Summary

Applicant
Dana Johnson

Location
1204 E. Roosevelt St.
Council District: 8

Function
Art Exhibit

Date(s) - Time(s) / Expected Attendance
Feb. 9, 2024 - 6 p.m. to 12:30 a.m. / 350 attendees

Staff Recommendation
Staff recommends approval of this application.

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




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Item text
Liquor License - Special Event - Alwun House Foundation

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

Summary

Applicant
Dana Johnson

Location
1204 E. Roosevelt St.
Council District: 8

Function
Art Exhibit

Date(s) - Time(s) / Expected Attendance
Feb. 16, 2024 - 7 p.m. to 12:30 a.m. / 200 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 53



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Item text
Liquor License - Special Event - Arizona Diamondbacks Foundation, Inc.

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

Summary

Applicant
Deborah Castaldo

Location
401 E. Jefferson St.
Council District: 8

Function
Family Car Event

Date(s) - Time(s) / Expected Attendance
Jan. 27, 2024 - 4 p.m. to 11 p.m. / 9,000 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 54



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Item text
Liquor License - La Cruda Mariscos y Clamatos

Request for a liquor license. Arizona State License Application 264930.

Summary

Applicant
Maria Leyva Loya, Agent

License Type
Series 12 - Restaurant

Location
2822 N. 32nd St., Ste. 3
Zoning Classification: C-2
Council District: 8

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

The 60-day limit for processing this application is Jan. 28, 2024.

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

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


Page 55


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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I have taken the classes and submitted an application to the state for a liquor license.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We will only sell beer with the seafood. No hard liquor will be served. No alcohol
outside of the building.”

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

Attachments
Attachment - La Cruda Mariscos y Clamatos - Data
Attachment - La Cruda Mariscos y Clamatos - Map

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




Page 56
Liquor License Data: LA CRUDA MARISCOS Y CLAMATOS
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 6 2

Beer and Wine Bar 7 3 1

Liquor Store 9 7 4

Beer and Wine Store 10 9 4

Restaurant 12 12 4


Crime Data

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

Property Crimes 64.2 250.23 259.55

Violent Crimes 12.31 45.06 59.34
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 47 88

Total Violations 81 152




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Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1108021 948 75 27 13

1108022 1168 33 16 7

1109012 2669 23 19 27

1114011 2444 62 7 27

1114012 2000 67 23 29

1115021 1414 46 21 34

1115022 2109 42 7 17

1115024 1708 40 25 53

Average 0 61 13 19




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Liquor License Map: LA CRUDA MARISCOS Y CLAMATOS
2822 N 32ND ST




Ü
Date: 11/30/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
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Item text
Liquor License - Sana Sana Cerveceria

Request for a liquor license. Arizona State License Application 268066.

Summary

Applicant
Daniel Castro, Agent

License Type
Series 3 - Microbrewery

Location
915 N. 4th St.
Zoning Classification: C-2 PCD
Council District: 8

This request is for a new liquor license for a microbrewery. 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 Jan. 21, 2024.

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

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


Page 60


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 the expertise, experience and required training in responsible microbrewery
service and will comply with all city and state rules and regulations.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are excited to welcome guests interested in craft beer and culture to our brewery
that reflects the communities of Phoenix.”

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

Attachments
Attachment - Sana Sana Cerveceria - Data
Attachment - Sana Sana Cerveceria - Map

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




Page 61
Liquor License Data: SANA SANA CERVECERIA
Liquor License

Description Series 1 Mile 1/2 Mile

Producer 1 1 0

Microbrewery 3 4 2

Wholesaler 4 1 0

Government 5 7 4

Bar 6 46 12

Beer and Wine Bar 7 16 7

Liquor Store 9 4 0

Beer and Wine Store 10 15 8

Hotel 11 7 3

Restaurant 12 121 49

Club 14 2 0


Crime Data

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

Property Crimes 64.2 268.31 331.52

Violent Crimes 12.31 58.14 67.3

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



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 47 121

Total Violations 82 217




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Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1130001 1218 23 16 11

1130002 873 29 21 38

1131002 1242 3 7 33

1132021 731 33 20 74

1132022 1257 47 29 55

1132031 1473 30 20 57

1132032 638 28 7 70

1141001 2299 16 37 44

Average 0 61 13 19




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Liquor License Map: SANA SANA CERVECERIA
915 N 4TH ST




Ü
Date: 12/27/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 64



PAYMENT ORDINANCE (Ordinance S-50441) (Items 19-23)
Ordinance S-50441 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.

19 Various Vendors for 2024 Aviation Business Summit
For $60,000 in payment authority to purchase vendor services for the Phoenix
Sky Harbor International Airport-sponsored 2024 Aviation Business Summit
(Summit). The vendor services required for the initial set-up of the Summit
include but are not limited to: Warehouse215 for the event venue; Nibblers
Catering for catering of food; Phoenix Technology Audio Visual for
audio/visual equipment and management; and Haute Media, LLC, for
photography and video production. The Summit will provide interested
businesses the opportunity to learn, network, and understand the tools
available for doing business with Phoenix Sky Harbor International Airport.

20 Salt River Valley Water Users' Association dba SRP
For $130,000 in payment authority to purchase irrigation water during the
2023 calendar year for the Parks and Recreation Department. The
irrigation water is needed to water plants, trees, shrubs and grass at
various park and recreation locations throughout the City. The service is
essential for the turf and plant material at various City park locations.

21 C.M. Buck & Associates, Inc. DBA Associated Controls
+ Design
For $100,000 in payment authority for a new contract, entered on or about
Jan. 15, 2024, for a term of five years for theatrical manual counterweight


Page 65

rigging system inspection, maintenance and repairs for the Phoenix
Convention Center Department. The contract will provide and perform an
annual on-site physical and visual inspection of the manual counterweight
rigging system and its associated component parts. The annual
inspections are required for maintaining safe use, industry standard
performance and operation during client theatrical event activity, ensuring
the manual systems are operationally reliable, efficient and safe.

22 FreshStrategies and Solutions LLC
For $150,000 in payment authority for a new contract, entered on or about
Jan. 1, 2024, for a term of five-years to provide Guest Service Training for
the Phoenix Convention Center Department (PCCD). This contract will
provide the PCCD with expertise through customized training and
hospitality services, including but not limited to: training in hospitality sales
and event management, service excellence program development,
volunteer, usher and venue host program development, ongoing guest
experience training support, service recovery program development, in
addition to other services such as process mapping, mystery shopper
program development and organizational needs assessments.

23 Irth Solutions, LLC
For $22,000 in additional payment authority for Contract 151971 for "811
One Call", formerly Arizona Blue Stake, Mobile Workforce Management
System for the Water Services Department (WSD). The additional funds
are necessary to continue the Utilisphere software from Irth Solutions,
LLC to allow WSD to receive real-time, fact-based data, updated
dashboards and reporting, and allows staff to efficiently manage work
tickets and personnel resources.




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Item text
Selection of Vice Mayor

Request to permit the City Council to select one of its members to serve as Vice
Mayor, until such time of another Vice Mayor selection, pursuant to Phoenix City
Charter IV, section 3. Rule 7(c) of the Rules of Council Proceedings states that "The
Council shall select a new Vice Mayor once each calendar year at the first Formal
meeting in January or at the next regularly scheduled meeting after a Vice Mayor
vacancy occurs."

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




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Item text
Request to Enter into a Memorandum of Understanding with Creighton
University (Phoenix Campus) for Student Placements (Ordinance S-50483)

Request to authorize the City Manager, or his designee, to allow enter into a
Memorandum of Understanding with Creighton University (Phoenix Campus) for
student experiential learning placements.

Summary
Creighton University (Phoenix Campus) trains and educates students working towards
undergraduate, masters and doctorate degrees in health and health-related fields. At
all levels of education, placements may be required or available for credit to support
student learning and educational experience.

With the addition of the Office of Public Health there is an enhanced focus on
opportunities for public health programming. The City of Phoenix offers a unique
opportunity and setting for community and clinical placements focused on population
and public health through a variety of City departments and offices.

Volunteer PHX provides coordination of the City’s volunteer opportunities, including
volunteer placements and internships. Building on existing relationships, Volunteer
PHX and Public Health staff will work closely with City departments to initiate and
coordinate routine opportunities for health-related student placements across
programs enhancing the capacity of departments to address broad social and
population health issues while supporting the education and development of the local
workforce.

Examples of routine placements include:
· Health Education opportunities
· Research
· Program evaluation
· Clinical placements (e.g., health screening, vaccination)
· Case management and navigation
· Program planning




Page 68

Contract Term
The agreement will be valid for five years from the date of execution by all parties.

Financial Impact
There is no cost or financial impact for these activities.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Manager
Inger Erickson, and the Offices of Public Health and Volunteer PHX.




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Item text
Authorization to License Vacant City-owned Land to CS Construction, Inc. Plan
(Ordinance S-50444)

Request to authorize the City Manager, or his designee, to enter into a license with CS
Construction, Inc., for construction staging purposes on vacant City-owned land
located at 16th Street and Beardsley Road. Further request authorization for the City
Treasurer to accept all funds related to this item.

Summary
CS Construction, Inc. (CS) will license approximately 40,000 square feet of vacant
land at 16th Street and Beardsley Road for six months for construction staging
purposes to facilitate the Arizona Department of Transportation's State Route 101 at
16th Street screen wall project. The licensed area is within a portion of an 84.72-acre
site. The license fee is $3,000 for the six-month duration, plus applicable taxes, which
is within the range of market rents as determined by the Real Estate Division. The
license, to be effective Jan. 15, 2024, through July 14, 2024, may be extended on a
month-to-month basis for up to three additional months.

CS is responsible for all costs under the use of this license and for restoration of the
land upon expiration. The license will include insurance and indemnity provisions
acceptable to the City's Risk Management Division and City Attorney. The license may
be canceled pursuant to Arizona Revised Statutes section 38-511. The license may
contain other terms and conditions deemed necessary by the City.

Contract Term
The license term is six months and may be extended up to three additional months.

Financial Impact
Revenue during the six-month license term is $3,000, plus applicable taxes. The
license fee for any extension is $500 per month, plus applicable taxes.

Location
North 16th Street and East Beardsley Road, within Maricopa County Assessor parcel
number 213-27-001
Council District: 2


Page 70


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




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Item text
Acquisition of Easements for the Mobility Area 5 - 35th Avenue and Buckeye
Road Project (Ordinance S-50447)

Request to authorize the City Manager, or his designee, to acquire easements
required by donation, purchase within the City's appraised value, or by the power of
eminent domain for roadway improvements for the Mobility Area 5 - 35th Avenue
and Buckeye Road Project. Additionally request authorization for the City Controller
to disburse all funds related to this item.

Summary
The acquisition of easements is required to facilitate construction of roadway
improvements to enhance the mobility, safety, and connectivity of the neighborhood.
Improvements include street lighting and Americans with Disabilities Act compliant
sidewalks and curbs. The properties impacted by this project are identified in
Attachment A.

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

Location
33rd to 35th avenues and Hadley Street to Buckeye Road
Council District: 7

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




Page 72
ATTACHMENT A
Property Identification

Acquisition of Easements for the Mobility Area 5 - 35th Avenue and Buckeye
Road Project

The following improved and/or unimproved parcels affected by acquisition and
included in this request are identified by the Maricopa County Assessor’s parcel
number (APN) and the address or location.

APN Address / Location
109-58-007 3420 W. Hadley St.
109-58-018 3343 W. Hadley St.
109-58-022 3317 W. Hadley St.
109-58-035A 3326 W. Tonto St.
109-58-039 3346 W. Tonto St.
109-58-040 3401 W. Hadley St.
109-58-041 3407 W. Hadley St.
109-58-052 3464 W. Tonto St.
109-58-055 3420 W. Tonto St.
109-58-056A 3416 W. Tonto St.
109-58-058 3408 W. Tonto St.
109-58-062 3444 W. Maricopa St.
109-58-064 3415 W. Tonto St.
109-58-065 3405 W. Tonto St.
109-58-077 3342 W. Maricopa St.
109-58-099 1026 S. 33rd Ave.
109-58-103A 3317 W. Maricopa St.
109-58-120 3465 W. Maricopa St.
109-58-122 3441 W. Maricopa St.




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Item text
Acquisition of Easements for Roadway Improvements Along Elm Street, West of
35th Avenue and Along Colter Street, West of 23rd Avenue (Ordinance S-50448)

Request to authorize the City Manager, or his designee, to acquire easements by
donation, purchase within the City's appraised value, or by the power of eminent
domain, for roadway improvements located along Elm Street, west of 35th Avenue,
and along Colter Street, west of 23rd Avenue. Further request authorization for the City
Controller to disburse all funds related to this item.

Summary
Acquisition of easements is required for construction of Americans with Disabilities Act
(ADA) compliant sidewalks, ramps, and streetlights to improve mobility, safety, and
connectivity for all roadway users.

The parcels affected by this project and included in this request are identified by
Maricopa County Assessor's parcel number (APN) 107-06-046 located at 3501 W. Elm
St., and APN 153-26-004 located at 2325 W. Colter St.

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

Location
Along Elm Street, west of 35th Avenue, and along Colter Street, west of 23rd Avenue
Council Districts: 4 and 5

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




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Item text
Acquisition of Easements for the 36th Street Relief Sewer Project (Ordinance S-
50449)

Request to authorize the City Manager, or his designee, to acquire easements
required by donation, purchase within the City's appraised value, or by the power of
eminent domain for the 36th Street Relief Sewer Project located along 36th Street
between La Salle Street and Broadway Road. Further request authorization for the
City Controller to disburse all funds related to this item.

Summary
Acquisition of easements is required for trenching of a 12-inch sewer line for the
excavation and replacement of the existing 10-inch sewer line, along with adjacent
manholes to improve sewer functionality. The properties impacted by this project are
identified in Attachment A.

Financial Impact
Funding is available in the Water Services Department’s Capital Improvement Program
budget.

Location
Along 36th Street from La Salle Street to Broadway Road
Council District: 8

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




Page 75
ATTACHMENT A
Property Identification

Acquisition of Easements for the 36th Street Relief Sewer Project


The following improved and/or unimproved parcels affected by acquisition and
included in this request are identified by the Maricopa County Assessor’s parcel
number (APN) and the address or location.

APN Address / Location
122-74-081 4801 S. 36th St.
122-74-082 4811 S. 36th St.
122-74-083 4821 S. 36th St.
122-74-084 4829 S. 36th St.
122-74-106 4841 S. 36th St.
122-74-107 4849 S. 36th St.
122-74-108 4857 S. 36th St.
122-74-109 4865 S. 36th St.
122-74-122 5001 S. 36th St.
122-74-123 5011 S. 36th St.
122-74-124 5017 S. 36th St.
122-74-125 5025 S. 36th St.
122-74-150A 4445 S. 36th St.
122-74-165 4625 S. 36th St.
122-74-184 4633 S. 36th St.
122-74-186 4639 S. 36th St.
122-74-189 4645 S. 36th St.
122-76-056 3602 E. La Salle St.
122-76-100A 3655 E. Roeser Road




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Traffic Control Products and Related Solutions Contract - COOP 23-094 -
Request for Award (Ordinance S-50450)

Request to authorize the City Manager, or his designee, to enter into a contract with
Traffic and Parking Control Co., Inc. (TAPCO) to provide traffic control products and
solutions for the Street Transportation, Aviation and Phoenix Convention Center
departments. Further request to authorize the City Controller to disburse all funds
related to this item. The total value of the contract will not exceed $9,250,000.

Summary
This contract will provide access to solar-powered dynamic signs, speed feedback
signs, parking garage equipment, sign-making equipment and other traffic products on
an as-needed basis. These items will help supplement the existing speed hump, traffic
signal and safety programs in the City. In addition, this contract will aid efforts to
standardize equipment in the field in order to reduce maintenance cost and equipment
downtime. The traffic and safety equipment in the extensive TAPCO catalog are vital to
maintaining the City's signal shops.

Procurement Information
In accordance with AR 3.10, standard competition was waived as a result of an
approved Determination Memo based on the following reason: Special Circumstances
- Alternative Competition. The City has been utilizing TAPCO since 2017, and the
Street Transportation, Aviation and Phoenix Convention Center departments would like
to continue to utilize them under an OMNIA Partners contract, which was competitively
solicited, and best aligns with the City's needs. TAPCO is a leading industry provider
dedicated to innovative, green products.

Contract Term
The contract will begin on or about Feb. 1, 2024, for a five-year term with no options to
extend.

Financial Impact
The aggregate contract value will not exceed $9,250,000 for the five-year aggregate
term.



Page 77

Funding is available in the Streets Transportation, Aviation and Phoenix Convention
Center departments' operating budgets.

Responsible Department
This item is submitted by Deputy City Managers Alan Stephenson, Mario Paniagua
and John Chan, and the Street Transportation, Aviation and Phoenix Convention
Center departments.




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Grant of Irrigation Easements to Salt River Project for the Vista del Sur
Development Located at 99th and Southern Avenues (Ordinance S-50453)

Request to authorize the City Manager, or his designee, to grant irrigation easements
to Salt River Project (SRP) within the S. 99th Avenue right-of-way, north of W.
Southern Avenue, for consideration in the amount of the appraised value and other
consideration. Further request authorization for the City Treasurer to accept all funds
related to this item.

Summary
The two irrigation easements totaling approximately 1,012 square feet, are needed to
connect to SRP's existing irrigation pipe within the 99th Avenue right-of-way to the
Vista del Sur Subdivision. The irrigation easements, each approximately 506 square
feet, are located within the east side of S. 99th Avenue right-of-way: at Southern
Avenue; and approximately 1,200 feet north of Southern Avenue.

Financial Impact
Revenue will be reflective of the market value of the easement.

Location
Within the S. 99th Avenue right-of-way, north of W. Southern Avenue
Council District: 7

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




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Parts, Installation & Service for Direct Current Battery - IFB 19-020 - Amendment
(Ordinance S-50454)

Request to authorize the City Manager, or his designee, to execute amendment to
Contract 149250 with Power Products Services, Inc. to extend contract term and add
additional expenditures. Further request to authorize the City Controller to disburse all
funds related to this item. The additional expenditures will not exceed $1,100,000.

Summary
This contract will provide the Information Technology Services Department with heavy
duty batteries, preventative maintenance and repairs to direct current (DC) voltage
battery backup systems at 65 remote radio and microwave communication sites. The
DC battery backup systems provide power in critical situations to public safety radio
systems in the event of power outages. The maintenance to the DC battery plant will
result in reduced costs, increased efficiencies, uninterrupted operations, risk
reductions, and improved customer service.

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

Contract Term
Upon approval the contract will be extended through Jan. 22, 2025 with an option to
extend though Jan. 22, 2026.

Financial Impact
Upon approval of $1,100,000 in additional funds, the revised aggregate value of the
contract will not exceed $3,600,000. Funds are available in the Information Technology
Services Department’s budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Parts, Installation & Service for Direct Current Battery Contract 149250 (Ordinance S-
45326) on Jan. 23, 2019.




Page 80

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




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Landfill Services - Requirements Contract - IFB 18-318 - Amendment (Ordinance
S-50457)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 149216 with Calmat Co., dba Vulcan Material Co., to extend the contract
term. No additional funds are needed. Staff requests to continue using Ordinance S-
45314.

Summary
This contract will provide the City with landfill services to be used by various
departments to dispose of specialized waste generated during the provision of City
services. Specifically, departments accumulate spoils consisting of asphalt, concrete,
and dirt due to excavations, removal and replacement of damaged roads and
sidewalks, and subgrade improvements to the right-of-way, throughout the Phoenix
metropolitan area. These removed materials are not accepted by the City's waste
service provider and must be sent to a private landfill.

Contract Term
Upon approval, the contract will be extended through Feb. 20, 2025, with an option to
extend through Feb. 20, 2026.

Financial Impact
The aggregate value of the contract will not exceed $1,465,000, and no additional
funds are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Landfill Services - Requirements Contract - Contract 149216 (Ordinance S-45314) on
Jan. 23, 2019.

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




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Barricade and Warning Device Rental/Set-Up Contract - IFB-24-0015 Request for
Award (Ordinance S-50460)

Request to authorize the City Manager, or his designee, to enter into contracts with
Trafficade Service, LLC, dba AWP Safety and RoadSafe Traffic Systems Inc. to
provide the rental and set-up of traffic warning devices and barricades. Further request
to authorize the City Controller to disburse all funds related to this item. The total value
of the contracts will not exceed $15 million.

Summary
This contract will provide the rental, supply and servicing of various traffic control
equipment and devices for departments throughout the City. Traffic control equipment
and devices are utilized by various departments to maintain safety and mobility for the
public during temporary encroachments in the City of Phoenix right-of-way such as for
scheduled or emergency construction, public safety incidents, special events and
more. The contracts will be available to all departments, with heavy usage from the
Street Transportation and Police Departments.

Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.

Four vendors submitted bids deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendors:

Selected Bidders
Trafficade Service, LLC, dba AWP Safety
Roadsafe Traffic Systems Inc.

Contract Term
The contracts will begin on or about Feb. 1, 2024, for a 5-year term with no options to
extend.




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Financial Impact
The aggregate contracts value will not exceed $15 million. Funding is available in the
various departments' budgets.

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




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Item text
Amend Ordinance S-50170 Acceptance of Easements for Drainage, Water, and
Sewer Purposes (Ordinance S-50464)

Request the City Council to amend Ordinance S-50170 to correct the legal description
for easement (a) for drainage purposes; further ordering the ordinance recorded.

Summary
Ordinance S-50170 authorized the acceptance of easements for drainage, water, and
sewer purposes. The legal description for easement (a) for drainage purposes was
revised to increase the area required for drainage. The ordinance is being amended to
correct the legal description recorded with the easement.

Easement (a)
Applicant: DV Parcel A-1 Owner, LP, its successor and assigns
Purpose: Drainage
Location: 23625 N. 19th Ave.
File: FN 230007
Council District: 1

All other conditions and stipulations previously stated in Ordinance S-50170 remain
the same.

Concurrence/Previous Council Action
purposes (Ordinance S-50170) on Sept. 20, 2023.

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




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Item text
Lot Maintenance Services - IFB 18-313 - Amendment (Ordinance S-50465)

Request to authorize the City Manager, or his designee, to execute amendments to
contracts 14949 with OCM, LLC; 149496 with Reyes and Sons Landscaping, LLC;
149498 with Three Amigos Property; 149497 with Robert Singer; 149494 with M & J
Landscaping Management, LLC; and 149493 with Live C E & J, LLC, to extend the
contract terms and add additional expenditures. Further request to authorize the City
Controller to disburse all the funds related to this item. The additional expenditures will
not exceed $2,500,000.

Summary
These contracts provide lot maintenance and services including but not limited to clean
up, landscaping, material filling, dead tree removal, provision of trespass control
barriers, and soil stabilization. These services will be provided citywide.

Contract Term
Upon approval the contract will be extended through March 31, 2025, with an option to
extend through March 31, 2026.

Financial Impact
Upon approval of $2,500,000 in additional funds, the revised aggregate value of the
contracts will not exceed $7,000,000. Funds are available in various department
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Lot Maintenance Services 14949, 149496, 149498, 149497, 149494, and 149493, S-
45461 on March 20, 2019

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




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Item text
Court Reporting and Transcription Services - MC171190-S - Amendment
(Ordinance S-50467)

Request to authorize the City Manager, or his designee, to execute amendment to
Contract 149190 with eScribers, LLC, to extend contract term. Further request to
authorize the City Controller to disburse all funds related to this item. No additional
funds are needed, request to continue using ordinance S-45285.

Summary
This contract will provide transcription services to transcribe court proceedings. The
majority of transcripts requested are for cases that are on appeal and sent to Superior
Court. Transcripts are required for appeal proceedings and when a court proceeding is
over 90 minutes in length. Records of live proceedings are maintained as digital
recordings in the Municipal Court and parties to such proceedings are entitled by law
to have the recordings transcribed for appeals and other purposes.

Contract Term
Upon approval the contract will be extended through July 9, 2024.

Financial Impact
The aggregate value of the contract will not exceed $350,000 and no additional funds
are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Utilize Maricopa County Cooperative Contract for Transcription Services Contract
MC171190-S (Ordinance S-45285) on Jan. 9, 2019.

Responsible Department
This item is submitted by City Manager Jeffrey Barton, Deputy City Manager John
Chan, and the Municipal Court, Public Defender's Office and Law Department.




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Item text
Acceptance and Dedication of Easements and a Deed for Sidewalk, Public Utility
and Roadway Purposes (Ordinance S-50468)

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

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

Easement (a)
Applicant: Mavro Properties, LLC, its successor and assigns
Purpose: Sidewalk
Location: 905 W. Peoria Ave.
File: FN 230104
Council District: 3

Easement (b)
Applicant: Michael A. Roth; Karen J. Roth, its successor and assigns
Purpose: Public Utility
Location: 1031 E. Whitton Ave.
File: FN 230055
Council District: 4

Deed (c)
Applicant: Brooklyn AZ Properties, LLC, its successor and assigns
Purpose: Roadway
Location: 2537 and 2549 E. Clarendon Ave.
File: FN 230089
Council District: 6

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


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Item text
Acceptance of an Easement for Drainage Purposes (Ordinance S-50472)

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

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

Easement (a)
Applicant: ACP 3302, LLC, its successor and assigns
Purpose: Drainage
Location: 3302 W. Washington St.
File: FN 230087
Council District: 7

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




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Item text
Dedication of Right-of-Way Along the East Side of 35th Avenue at the
Crosswalk from Cortez Park to Eva Street (Ordinance S-50475)

Request the City Council to dedicate to public use for right-of-way purposes a
portion of City-owned land located along the east side of 35th Avenue at the
crosswalk from Cortez Park to Eva Street; further ordering the ordinance recorded.

Summary
The dedication of 396.58 square feet of right-of-way to public use is required to
accommodate an American with Disabilities Act (ADA) compliant sidewalk and high-
intensity activated crosswalk (HAWK) signal related improvements located along
the east side of 35th Avenue at the crosswalk from Cortez Park to Eva Street. The
dedication, within an existing sidewalk at Cortez Park, will enhance pedestrian
safety.

The right-of-way is more fully described in the legal description to be recorded with
the ordinance.

Location
Along the east side of N. 35th Avenue, at the W. Eva Street alignment, identified by
Maricopa County Assessor parcel number 149-14-003C
Council District: 1

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




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Item text
Insurance Brokerage and Related Consulting Services Contract - RFP 18-01
RMD - Amendment (Ordinance S-50490)

Request to authorize the City Manager, or his designee, to execute amendment to
Contract 149271 with Marsh USA, Inc., to extend the contract term by one year, with
two one-year options to extend. Further request to authorize the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed
$700,000.

Summary
This contract was awarded due to a previous Request for Proposal process, RFP 18-
01 RMD. Marsh USA, Inc., was selected to provide traditional insurance broker and
consulting services. Marsh USA, Inc., has been able to access global markets to
secure appropriate levels of coverage and negotiate favorable pricing for the City. The
extension will allow sufficient time to explore alternatives to traditional insurance
programs, potentially establish a captive, revise the broker scope accordingly, and
conduct a competitive process. The services are essential to ensure continuity with
minimal impact to the insurance programs that protect the City from financial harm.

Contract Term
Upon approval, the contract will be extended through Jan. 29, 2025, with two one-year
options to extend.

Financial Impact
Upon approval of $700,000 in additional funds, the revised aggregate value of the
contract will not exceed $1,576,000. Funds are available in the Risk Management Self-
Insurance Trust.

Concurrence/Previous Council Action
The City Council previously approved this request:
· Insurance Brokerage and Related Consulting Services Contract (Ordinance S-
45208) on Dec. 5, 2018.

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


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Item text
Stop-Loss Insurance for Active Employee Medical and Pharmacy Benefits
(Ordinance S-50492)

The Human Resources Department requests payment authority in the amount of
$3,000,000 for required stop-loss insurance for active employee medical and
pharmacy benefits.

Summary
Under the Trust Agreement for the Phoenix Health Care Benefits Trust, the Trustee
(the Trust Board) appointed by the City is required to obtain and maintain stop-loss
insurance. Effective Jan. 1, 2024, the stop-loss insurance policy will be under the
Union Labor Life Insurance Company (Ullico).

Procurement Information
A reinsurance renewal negotiation was conducted by the City's contracted benefits
consultant, Foster & Foster, a licensed insurance broker. Foster & Foster successfully
negotiated a renewal premium savings of approximately $195,000 with Ullico. The
Health Care Benefits Trust Board approved the renewal with Ullico for stop-loss
insurance.

Contract Term
The insurance policy is effective from Jan. 1, 2024 through Dec. 31, 2024.

Financial Impact
The annual insurance premium for the 2024 term is estimated at $3,000,000. The
premium is based on data submitted by the City relevant to underwriting the risk.
There is no impact to the City of Phoenix General Fund or the Human Resources
Department operating budget, since the annual premium is paid through the Health
Care Benefits Trust Fund.

Concurrence/Previous Council Action
· On Dec. 14, 2022, Phoenix City Council approved Ordinance S-49280 for the 2023
stop-loss insurance policy under Ullico.




Page 92


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




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Project Managers and Business Analyst - Amendment (Ordinance S-50461)

Request to authorize the City Manager, or his designee, to execute amendments to
contracts with CE Wilson Consulting, LLC, Contract 144530; Envision, LLC, Contract
144528; IntraEdge, Inc., Contract 144532; KollaSoft, Inc., Contract 144531; and Scott
Business Group, LLC, Contract 144533 to extend the contract term and allow
additional expenditures for professional Information Technology (IT) project
management and business analysis services for the Information Technology Services
Department (ITS) and in support of various departments. Remaining funds previously
authorized by the City Council will be applied to the extended contract term. Further
request to authorize the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $4 million.

Summary
These contracts provide project managers and business analysts to augment staff in
support of critical IT projects. The ability to utilize these contracts has allowed ITS to
support and avoid disruption to critical projects and initiatives. Projects underway are
Fire CAD Modernization, Customer Care and Billing Upgrade, Phoenix.gov website
modernization, Learning Management System, Security and Access Control
Replacement, Police Records Management System replacement, and various others.
The additional contract term and funding allows the City to continue supporting existing
engagement without delays or loss of project knowledge.

Contract Term
Upon approval the contract will be extended through Jan. 31, 2025, with an option to
extend through Jan. 31, 2026.

Financial Impact
Upon approval of $4 million in additional funds, the revised aggregate value of the
contract will not exceed $17 million. Funds are available in the various departments'
budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Authorizing the initial contracts and expenditures, Ordinance S-43212 on Feb. 1,


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2017.
• Authorizing additional expenditures, Ordinance S-47817 on July 1, 2021.
• Authorizing additional contract term and expenditures, Ordinance S-48293 on Jan.
26, 2022.
• Authorizing additional contract term and expenditures, Ordinance S-49376 on Jan.
25, 2023.

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




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Item text
Legal Services - Letter of Agreement to Extend Contract for Legal Services with
Squire Patton Boggs (US) LLP (Ordinance S-50466)

Request to authorize the City Attorney, through the City Manager or his designee, to
enter into a Letter of Agreement with Squire Patton Boggs (US), LLP, to continue
providing outside counsel services to assist the City with legal issues on an as-needed
basis. Request to continue using funds previously approved via Ordinances S-47701
and S-49864. No additional funds are needed. Further request authorization for the
City Controller to disburse all funds related to this item.

Summary
The prior Letter of Agreement (154806) expired on June 30, 2023, and Squire Patton
Boggs (US), LLP, has continued to provide services while the parties negotiated the
Letter of Agreement. The purpose of this Letter of Agreement is to continue outside
counsel services with Squire Patton Boggs (US), LLP, to assist the City with legal
issues on an as-needed basis. The Letter of Agreement is required to provide the City
these services until June 30, 2025.

Procurement Information
Legal services are exempt from the Procurement Code. This Letter of Agreement is
required to continue legal services critical to the City.

Contract Term
The term of the Letter of Agreement will begin on or about Jan. 3, 2024, and expire on
June 30, 2025.

Financial Impact
No additional funds are needed.

Concurrence/Previous Council Action
The City Council previously approved outside counsel legal services with various law
firms and lawyers on an as-needed basis:
· Outside Counsel Legal Services - Ordinance S-47701 on June 16, 2021.
· Outside Counsel Legal Services - Ordinance S-49864 on June 14, 2023.



Page 96


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




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Item text
Authorization to Accept Funds and Materials and Enter into a Partners for Fish
and Wildlife Program Landowner Agreement (Ordinance S-50463)

Request to authorize the City Manager, or his designee, to enter into an agreement
with the U.S. Fish and Wildlife Service to create a pollinator habitat in the planter
boxes and other outdoor planting spaces at the Phoenix Crime Lab at 7th Avenue and
Washington Street. Also request approval to accept and expend funds and/or material
donations, such as plants, contractor work, etc., from the U.S. Fish and Wildlife
Service, or their designee, as defined in the agreement for the pollinator habitat. This
pollinator habitat would support Phoenix's goals as a signatory of the National Wildlife
Federation's Mayor's Monarch Pledge. By entering into this agreement, the U.S. Fish
and Wildlife Service would provide financial support for the purchase and installation of
native plants in this space. There is no local match requirement for the receipt of these
funds. The City would agree to maintain the pollinator habitat for at least the 10-year
term of the agreement.

Summary
In 2021, the City of Phoenix joined the National Wildlife Federation's Mayor's Monarch
Pledge, which committed the City to taking action to support the monarch butterfly
population and, by extension, other key pollinators. The City has renewed this pledge
annually since 2021 and has an inter-departmental working group consisting of City
departments who have agreed to take actions within their departments to support the
pledge requirements. Each year, at least one pledge action taken by the City must help
expand habitat on the ground.

The City of Phoenix Police Department Crime Lab is proposing to enter into a 10-year
Partners for Fish and Wildlife Program Landowner's Agreement, through which the
U.S. Fish and Wildlife Service would provide funding to create pollinator habitat at the
southeast corner of 7th Avenue and Washington Street in support of the Monarch
Pledge. Project activities supported by the U.S. Fish and Wildlife Service and other
partner and volunteer efforts include the removal of non-native species at the site and
the purchase and installation of native plants that support pollinator populations.

With the implementation of the project, the Phoenix Crime Lab could be registered as
a Monarch Waystation and Pollinator Pathway, and bring positive interest to this area.


Page 98

The removal of non-native plants and replacement with native desert plants will result
in needing to utilize less water and create a low to no maintenance landscape that
could save the Police Department water usage costs. This would reduce potable water
irrigation needs, which is an important water conservation measure, as well.

Contract Term
The contract term will be for 10 years, which will begin upon signing of the agreement.
The City is obligated to enter into a landowner agreement with the U.S. Fish and
Wildlife Service to receive the funding and/or materials. This agreement requires the
City to maintain the pollinator habitat for at least the term of the agreement. Partners in
this project include the U.S. Fish and Wildlife Service, Police Department, Office of
Environmental Programs, and Desert Botanical Garden.

Financial Impact
There is no required funding match from the City for this project.

This item is submitted by Assistant City Manager Lori Bays, Deputy City Manager Alan
Stephenson, the Police Department and the Office of Environmental Programs.




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Authorization to Extend Intergovernmental Agreement 158346 with Maricopa
County (Ordinance S-50469)

Request to authorize the City Manager, or his designee, to extend the term of
Intergovernmental Agreement (IGA) 158346 with Maricopa County (County) through
Dec. 31, 2024. The total value of this IGA will remain unchanged and not exceed
$1,015,000. Further request to authorize the City Treasurer to accept, and the City
Controller to disburse all funds related to this item. Funding is available from Maricopa
County’s allocation of American Rescue Plan Act funding.

Summary
Funding awarded to the City from the County is being utilized to expand daytime heat
relief services in Phoenix. Expansion includes two heat relief shelter services for
people experiencing homelessness. This project expects to provide services to a
minimum of 140 individuals experiencing homelessness per day. The extension will
allow for the continuation of program operations through Dec. 31, 2024.

Contract Term
The term of the IGA began on or about May 1, 2023, through Dec. 31, 2023. The new
IGA term will be extended through Dec. 31, 2024.

Financial Impact
The total value of the IGA will remain unchanged and will not exceed $1,015,000.
Funding is available from Maricopa County. There is no impact to the General Fund.

Concurrence/Previous Council Action
On May 3, 2023, the City Council approved Contract 158346 with Ordinance S-49663.

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




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Request Authorization to Enter into Contract with the Southwest Center for
HIV/AIDS, Inc. (Ordinance S-50479)

Request to authorize the City Manager, or his designee, to enter into contract with
Southwest Center for HIV/AIDS, Inc. (SW Center), in an amount not to exceed $1
million to provide mental and physical health services. Further request authorization for
the City Controller to disburse all funds related to this item. Funding is provided from
the City's allocation of American Rescue Plan Act (ARPA) funding. There is no impact
to the General Fund.

Summary
The SW Center provides affirming and inclusive services to provide health equity in
diverse communities, especially people of color, LGBTQIAS+, queer individuals, and
those affected by HIV. Funding will be used to provide mental and physical health
services for unfunded or under funded clients seeking services through the Parson's
Center for Health and Wellness. The center is located at 1101 N. Central Ave., Ste.
200.

Contract Term
The term of this contract will begin on or about Dec. 15, 2023, and run through Dec. 31,
2024.
Financial Impact
There is no impact to the General Fund. Funding is available through the City’s
allocation of ARPA funding.
Concurrence/Previous Council Action
On Nov. 15, 2023, the City Council approved funding through the ARPA Reallocation.
Location
1101 N. Central Ave. Ste. 200
Council District: 7
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 Apply for, Accept and Disburse Arizona Department
of Housing Grant Funding (Ordinance S-50480)

Request retroactive authorization for the City Manager, or his designee, to apply for
and accept Arizona Department of Housing (ADOH) grant funding in an amount not to
exceed $10,120,035. Further 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
ADOH provides funding for housing and housing related services and currently has
available funding for homeless shelter and services. The available grant funding will be
used for programs that provide shelter and services to unsheltered persons who are
experiencing homelessness. Allowable activities include, but are not limited to:
operating support; motel and hotel vouchers; the acquisition and conversion of
temporary accommodations such as hotels and motels; and other quick occupancy
housing solutions. Funding will be used for City-funded shelter operational costs. This
request is retroactive because there was a short window to apply, and there was not
adequate time to request authority prior to the submission due date.

Contract Term
The grant term will begin on or about Dec. 15, 2023, and end on or about June 30,
2026.

Financial Impact
Funding in an amount up to $10,120,035 will be provided by ADOH. No matching
funds are required. There is no impact to the General Fund.

Location
Council Districts: 7, 8 and Citywide

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




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Authorization to Enter into an Intergovernmental Agreement with Arizona Board
of Regents on behalf of Phoenix Bioscience Core for an update to the
Comprehensive Master Development Plan (Ordinance S-50442)

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with Arizona Board of Regents (ABOR) on behalf
of Phoenix Bioscience Core (PBC) for an update to the comprehensive master
development plan (CMDP) and to participate in the funding of the plan up to $250,000.
Further request to authorize the City Controller to disburse funds related to this item.

Summary
The PBC CMDP was originally adopted in 2008 and updated in 2010 and 2017. Since
2017, the PBC has seen significant growth with the opening of Arizona State
University's (ASU) Health Futures Center at 850 PBC and the announcement of
University of Arizona's (UA) Center for Advanced Molecular and Immunological
Therapies building. In collaboration with PBC, UA, ASU, and Northern Arizona
University (NAU), the Community and Economic Development Department (CEDD) is
seeking to conduct an update of the CMDP. The planning area will include the formal
area of the PBC bounded by Garfield Street to the north, Monroe Street to the south,
4th/5th Street to the west and 7th Street to the east, as well as consider the
immediately surrounding areas to soften the PBC boundaries.

Per the IGA, the PBC will contract with a consultant(s) to provide master planning
services. The scope of work of those services shall include:
· Project Management
· Public Engagement and Visioning
· Analysis and Recommendations
· Final Report Development, including:
· Development Plan
· Infrastructure Plan
· Connectivity Plan
· Art Integration Plan
· Wayfinding Plan
· Street Banner Plan


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· Monument Signage Plan along with pedestrian-level building signage plan

Financial Impact
There is no impact to the General Fund. Funding is available in the Genomic Facilities
and Operations Fund and will not exceed $250,000.

Location
Phoenix Bioscience Core, approximately 4th to 7th Street and Garfield to Monroe
Street.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager John Chan and the Community and
Economic Development Department.




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Alarm System Services Contract - IFB PCC 24-0027 Request for Award
(Ordinance S-50452)

Request to authorize the City Manager, or his designee, to enter into a contract with
Metro Fire Equipment, Inc., dba Metro Fire + Security, to provide alarm system
services to the Phoenix Convention Center Department's (PCCD) West Building, North
Building, and Tonto yard. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contract will not exceed $1,200,000.

Summary
This contract will provide the labor, equipment, tools, hardware and reporting
necessary to test, inspect, maintain, repair, design and modify PCCD's West Building,
North Building, and Tonto yard alarm systems. This includes fire alarm control
equipment, field devices, intrusion alarms, networking hardware, PC graphical
interface equipment, life safety cabling/fiber, sequence of events, and the integrated
voice evacuation system up to and including full system replacement. Additionally, the
contract will maintain the fire alarm system that monitors the West and North Buildings.
In accordance with the Phoenix Fire Code and National Fire Protection Association, a
certified contractor is required to conduct work on the fire alarm system.

Procurement Information
An Invitation for Bid was processed in accordance with City of Phoenix Administrative
Regulation 3.10.

One vendor submitted a bid deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendor:

Selected Bidder
Metro Fire Equipment, Inc., dba Metro Fire + Security: $131,000.

Contract Term
The contract will begin on or about Feb. 1, 2024, for a five-year term with no options to
extend.



Page 105

Financial Impact
The aggregate contract value will not exceed $1,200,000.

Funding is available in the Phoenix Convention Center Department's operating budget.

Location
Phoenix Convention Center: 100 North Third St., Phoenix, AZ 85004
Tonto Marshalling Yard: 1102 E Tonto St., Phoenix, AZ 85034
Council Districts: 7 and 8

Responsible Department
This item is submitted by Deputy City Manager John Chan and the Phoenix
Convention Center Department.




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Firefighting Nozzles, Valves, and Clamps - National Purchasing Partners -
Amendment (Ordinance S-50471)

Request to authorize the City Manager, or his designee, to execute amendment to
Contract 149454 with Municipal Emergency Services, Inc. dba Lawmen Supply
Company to extend contract term. Further request to authorize the City Controller to
disburse all funds related to this item. No additional funds are needed, request to
continue using Ordinance S-45398.

Summary
This contract will provide the Fire Department with a variety of nozzles, valves, and
clamps for various fire related emergencies, including interior and exterior operations.
The high quality material nozzles, valves, and clamps deliver control to the flow of
water and offer maximum performance to extinguish fires by the Phoenix Fire
Department. The supply of nozzles, valves, and clamps will ensure that the Fire
Department has adequate stock to use in the Fire Fleet. This equipment is a critical
part of the Fire Department's efforts to provide life safety services to the public.

Contract Term
Upon approval the contract will be extended through Jan. 31, 2025, with the option to
extend through Jan. 31, 2026.

Financial Impact
The aggregate value of the contract will not exceed $396,191 and no additional funds
are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Firefighting Nozzles, Valves, and Clamps Contract 149454 (Ordinance S-45398) on
Feb. 20, 2019.

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




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Item text
Workforce Management System Software - 14-JLR-003 - Letter of Agreement to
Extend Contract for Workforce Management System Software with UKG Inc. dba
UKG Kronos Systems, LLC (Ordinance S-50484)

Request to authorize the City Manager, or his designee, to enter into Letter of
Agreement with UKG Inc. dba UKG Kronos Systems, LLC to continue to provide
Workforce Management System Software to the Fire Department. Further request to
authorize the City Controller to disburse all funds related to this item. No additional
funds are needed. Request to continue using Ordinances S-50335 and S-45210.

Summary
The purpose of this Letter of Agreement is to continue to provide Workforce
Management System Software to the Fire Department. This contract will provide a new
cloud hosted solution, which offers better access to automation of scheduling,
communication, and deployment of Phoenix Fire Department (PFD) personnel. In
addition, the telestaff system allows personnel in staffing positions to quickly identify
vacancies that need to be filled and the qualified personnel that are available for those
positions. The system can apply qualifications, certifications and negotiated labor rules
to the process of filling a vacancy to ensure the appropriate employee is selected. The
cloud solution will save PFD technology service providers time and equipment cost by
eliminating the need for the telestaff system to be hosted in the Phoenix Fire Data
Center. The Workforce Management System Software will result in improved workforce
efficiency, controlled labor costs, and compliance with union rules, laws, and other
agency policies. The Letter of Agreement is necessary to maintain access to this
valuable resource.

Contract Term
The term of the Letter of Agreement will begin on or about Jan. 3, 2024, and expire on
Dec. 4, 2024.

Financial Impact
The aggregate value of the contract will not exceed $1,119,320 and no additional
funds are needed.




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Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Workforce Management System Software Contract 149753 (Ordinance S-50335)
on Nov. 15, 2023.
· Workforce Management System Software Contract 149753 (Ordinance S-45210)
on Dec. 5, 2018.

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




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Item text
Arizona Mutual Aid Compact with the Department of Military Affairs (Ordinance S
-50489)

Request authorization for the City Manager, or his designee, to enter into an Arizona
Mutual Aid Compact with the Arizona Department of Military Affairs (AZDEMA). If
approved, the term of the agreement will be from execution and continue through Dec.
31, 2033.

Summary
The purpose of the Compact is to outline the procedures to notify participating parties
of the need for emergency assistance, to identify available resources, and to provide a
mechanism for compensation for those resources.

Arizona Revised Statue (A.R.S) 26-308 authorizes each county and city, during
emergency situations, to appropriate and expend funds; enter into contracts; and
obtain and distribute equipment, materials, and supplies for such events. Resources
that may be needed at the time of an emergency include, but are not limited to fire,
police, medical and health, environmental, communication, and transportation
services.

Contract Term
The term of the agreement shall commence upon execution and continue through Dec.
31, 2033.

Financial Impact
There is no financial impact to the City to authorize the mutual aid compact.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays, the Fire Department, and
the Office of Emergency Management.




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Item text
Authorization to Enter into Agreement with The Arizona Department of Liquor
Licenses and Control (AZDLLC) for Facility Access and Usage of the Phoenix
Regional Police Academy (Ordinance S-50470)

Request to authorize the City Manager, or his designee, to allow the Police
Department to enter into an agreement with the Arizona Department of Liquor
Licenses and Control (AZDLLC), to have access and usage of the Phoenix Regional
Police Academy (PRPA).

Summary
The Arizona Department of Liquor Licenses and Control (AZDLLC) seeks to use the
Phoenix Regional Police Academy (PRPA) for training at the tactical training village,
training involving defensive tactics in mat rooms, live firearms training and
qualification, use of onsite classrooms, as well as access to PRPA video decision-
making equipment for scenario training.

Contract Term
The agreement shall be effective upon approval and execution and shall remain in
effect for a term of one year.

Financial Impact
There will be no financial impact for this agreement.

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




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Item text
Request Authorization for Sale of Canine Doc (Ordinance S-50482)

Request to authorize the City Manager, or his designee, to approve the sale of canine
Doc to Officer Bill Hardy for $1.00. Officer Hardy is assigned to the Employee Wellness
Bureau, Employee Assistance Unit, and has requested to purchase and retire his
assigned canine Doc in accordance with Administrative Regulation 4.21.

Summary
Canine Doc is estimated to be four years old, and has served the Employee Wellness
Bureau with professionalism, dedication and exemplary effort for over three years.
Canine Doc was donated by the Fetch Foundation, which rescued him from an
abusive home. The Foundation evaluates the rescued dogs and trains them to become
therapy dogs. These dogs are certified for one handler, and that certification serves for
the handler and the dog as a team, therefore it is not recommended to try to bond Doc
with another handler. The Fetch Foundation is dedicated to rescuing, training and
donating therapy dogs for use in the Police Department's Communications Bureau and
Employee Assistance Unit.

This request is for the authorization of the sale of canine Doc for $1.00. The purchase
of canine Doc is being made by Officer Hardy, who agrees to accept full responsibility
and liability for canine Doc and to care for him for the remainder of his life.

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




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Item text
FARO Scanner Hardware and Software Maintenance Contract - RFA-24-0002 -
Request for Award (Ordinance S-50487)

Request to authorize the City Manager, or his designee, to enter into a contract with
FARO Technologies, Inc. to provide hardware and software maintenance of FARO 3D
laser scanners for the Police Department. Further request to authorize the City
Controller to disburse all funds related to this item. The total value of the contract will
not exceed $348,000 for the five-year aggregate amount.

Summary
This contract will provide the Police Department's Vehicular Crime Unit, Crime Lab
Unit, and Information Technology Bureau the ability to purchase maintenance services
for the FARO scanners previously purchased by the City. The scanners are utilized for
accident diagramming and crime scene reconstruction. The adoption of this contract is
necessary to maintain the equipment with up-to-date software allowing for scanner
effectiveness and proper function. 3D laser scanning is an effective and accurate
method for capturing specific details of crime scenes that provide detailed
documentation for later analysis and presentations. The scanners are critical to the
prosecution of individuals that have committed violent crimes.

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

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances - Without Competition. The Police Department currently utilizes
previously purchased FARO 3D scanners from FARO Technologies, Inc., the sole
developer and supplier for the software and hardware equipment, and needs to
continue to procure their subscription services to keep the equipment operating with its
latest software version.

Contract Term
The contract will begin on or about Jan. 5, 2024, for a three-year term with two one-
year options to extend.


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Financial Impact
The aggregate contract value will not exceed $348,000 for the five-year aggregate
term. Funding is available in the Police Department's budget.

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




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Item text
Fiscal Year 2023 Matthew Shepard and James Byrd Jr. Hate Crimes Program
Grant (Ordinance S-50488)

Request retroactive authorization for the City Manager, or his designee, to allow the
Police Department to apply for, accept, and enter into an agreement with the Bureau of
Justice Assistance for the 2023 Matthew Shepard and James Byrd Jr. Hate Crimes
grant program in an amount of $400,000. Further request authorization for the City
Treasurer to accept, and for the City Controller to disburse, all funds related to this
item.

Summary
In 2019, the FBI ranked the City of Phoenix sixth in violent crime per capita in the
nation, per 100,000 residents. Phoenix remains consistent with the national trends of
increasing violent crime. In calendar year 2022, Uniform Crime Reporting Part One
Violent Crime increased three percent from 2021, with a significant increase in
homicides (up 12.6 percent). This data highlights the need for the Phoenix Police
Department to build a comprehensive, collaborative Information Center to enhance the
capacity to combat violent crime in the largest city in Arizona. The Information Center
will be a place to research, analyze, and locate organized groups and a location used
to educate officers, prosecutors, and community groups on violent extremist groups in
the Phoenix area.

Additionally, the Phoenix Police Department was selected into the National Public
Safety Partnership (PSP) Program in 2021. Through this program, technical
assistance and training has been brought to the City through the Bureau of Justice
Assistance to reduce violent crime utilizing constitutionally sound methods and
modalities. This funding will help the City of Phoenix respond to and identify gaps
identified through the PSP Program with technology and data to identify crimes, case
leads, and violent criminal activity and focus resources on the people and places
associated with a high concentration of those crimes and areas of high victimization.

Contract Term
The contract term is Oct. 1, 2023 through Sept. 30, 2027.




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Financial Impact
The eligible funding amount is $400,000. No matching funds are required. The cost to
the City is in-kind resources only.

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




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Item text
Phoenix Deer Valley Airport Reconstruct Taxiway C Connectors C4-C10 -
Construction Manager at Risk Preconstruction Services - AV31000096
FAA/ADOT (Ordinance S-50459)

Request to authorize the City Manager, or his designee, to enter into an agreement
with J. Banicki Construction, Inc. to provide Construction Manager at Risk
Preconstruction Services for the Phoenix Deer Valley Airport Reconstruct Taxiway C,
Connectors C4-C10 project. Further request to authorize execution of amendments to
the agreement, as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The fee for services will not exceed $250,000.

Summary
The scope of this project is to reconstruct and reconfigure connectors between
Taxiway C and Runway 7R-25L to conform with current Federal Aviation Administration
guidelines and eliminate non-standard intersections at Phoenix Deer Valley Airport.
Connectors C5, C6, C7, C8 and C10 will be demolished and reconstructed with a new
configuration. Existing connectors between Taxiway C and Runway 7R-25L will be
upgraded to address operational and safety needs and hold bar locations between the
runway and taxiway. Connectors include C4, C5, C6, C7, C9 and C10. Connector C9
will also have modified filets and be renamed C8.

J. Banicki Construction, Inc. will begin in an agency support role for Construction
Manager at Risk Preconstruction Services. J. Banicki Construction, Inc. will assume
the risk of delivering the project through a Guaranteed Maximum Price agreement.

J. Banicki Construction, Inc.’s Preconstruction Services include, but are not limited to:
detailed cost estimating and knowledge of marketplace conditions; project planning
and scheduling; construction phasing and scheduling that will minimize interruption to
airport and stakeholder operations; construction phasing that matches grant funding
amounts; provide alternate systems evaluation and constructability studies; advise the
City on ways to gain efficiencies in project delivery; provide long-lead procurement
studies and initiate procurement of long-lead items; assist in the permitting processes
and protect the owner’s sensitivity to quality, safety and environmental factors; and
participate with the City in a process to establish a Small Business Enterprise goal for


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the project.

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. Two firms submitted proposals
and are listed below.

Selected Firm
Rank 1: J. Banicki Construction, Inc.

Additional Proposers
Rank 2: Kiewit Infrastructure West Co.

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

Financial Impact
The agreement value for J. Banicki Construction, Inc. will not exceed $250,000,
including all subcontractor and reimbursable costs.

Funding is available in the Aviation Department's Capital Improvement Program
budget. The Aviation Department anticipates partial grant funding for this project. 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
702 W. Deer Valley Road
Council District: 1

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




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Item text
Airport Towing and Minor Auto Assistance Contract IFB 23-031 - Request for
Award (Ordinance S-50474)

Request to authorize the City Manager, or his designee, to enter into a contract with
Professional Towing & Recovery, LLC to provide towing and minor auto assistance for
the Aviation Department. Further request to authorize the City Controller to disburse all
funds related to this item.

Summary
This contract will provide towing and minor auto assistance services at Phoenix Sky
Harbor International Airport, Phoenix Deer Valley Airport, and Phoenix Goodyear Airport
as an essential element of the airport security program. Services will also include battery
jump starts, flat tire assistance, fuel delivery, lockout service, and other services as
deemed necessary by the Aviation Department.

Procurement Information
An Invitation for Bid was processed in accordance with City of Phoenix Administrative
Regulation 3.10.

Four bidders submitted bids deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendor:

Selected Bidder
Professional Towing & Recovery, LLC: $834,920

Contract Term
The contract will begin on or about Jan. 15, 2024, for a five-year term with no options
to extend.

Financial Impact
The total contract value will be up to $4,592,060 over the total five-year contract term.

Funding is available in the Aviation Department's operating budget.



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Concurrence/Previous Council Action
The Business and Development Subcommittee:
· Recommended approval of this item on Dec. 7, 2023, by a vote of 2-0; and

The Phoenix Aviation Advisory Board:
· Recommended approval of this item on Dec. 21, 2023, by a vote of 9-0.

Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Phoenix Deer Valley Airport, 702 W. Deer Valley Road
Phoenix Goodyear Airport, 1658 S. Litchfield Road, Goodyear, Ariz.
Council Districts: 1, 8 and Out of City

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




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Item text
One-Time Purchase of Stand-Alone Food and Beverage Kiosks (Ordinance S-
50478)

Request to authorize the City Manager, or his designee, to enter into separate
contracts with The Grove, Inc. and Emerging Domestic Market Ventures to purchase
two stand-alone mobile kiosks for the Phoenix Sky Harbor International Airport (PHX).
Further request to authorize the City Controller to disburse all funds related to this
item. The total value of the contracts will be up to $190,000.

Summary
The Aviation Department seeks to purchase two mobile food and beverage kiosks for
Terminal 3 in PHX. These new locations will provide a variety of food and beverage
opportunities to passengers, the general public, and airport employees visiting the
relocated Airport Security Badging Office in pre-security area of Terminal 3. The
Aviation Department will conduct a new Revenue Contract Solicitation (RCS) in 2024
to provide small businesses with an opportunity to participate in the procurement to
operate the food and beverage kiosk concessions within the terminal.

These kiosks provide hot and cold food and beverage options and require only
electrical power to operate. The purchase of these kiosks will assist the Aviation
Department in providing customer service amenity needs in the Terminal 3 pre-security
area. The kiosks include all necessary equipment to operate as a food and beverage
concession, including large coolers, warming ovens, sanitation stations, and cafe-style
seating. The purchase of the kiosks will also reduce some of the capital financial
barriers of entry for potential small business operators and reduce the time needed to
start food and beverage operations.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of a Determination Memo for special circumstances. The mobile stand-
alone kiosks will reduce the time to start food and beverage operations in Terminal 3
pre-security area and reduce capital startup costs for small business operators.

Contract Term
The contracts will begin upon City Council approval, for the one-time purchase of the


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two mobile stand-alone food and beverage kiosks and associated equipment.

Financial Impact
The contract value will be up to $190,000. Funding is available in the Aviation
Department's Capital Improvement Project budget.

Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Council District: 8

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




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Item text
Purchase of Utility Vehicles Contract 24-FSD-027 - Request for Award
(Ordinance S-50455)

Request to authorize the City Manager, or his designee, to enter into a contract with
BSE Performance LLC to provide Utility Vehicles for the Public Works Department.
Further request to authorize the City Controller to disburse all funds related to this
item. The total value of the contract will not exceed $250,000.

Summary
This contract will provide Utility Task Vehicles (UTVs) to multiple departments within
the City of Phoenix. UTVs provide agile and versatile mobility in navigating crowded
urban areas, assisting in search and rescue operations, and patrolling off-road
terrains. UTVs also serve as crucial tools for quick response during emergencies in
challenging terrains or congested areas where larger vehicles might struggle to
access. UTVs not only optimize operational effectiveness but also enhance safety and
productivity across various city departments, enabling them to better serve the
community's needs in Phoenix.

Procurement Information
An Invitation for Bid was processed in accordance with City of Phoenix Administrative
Regulation 3.10. One vendor submitted a bid deemed to be responsive to posted
specifications and responsible to provide the required goods and services. Following
an evaluation based on price, the procurement officer recommends award to the
following vendor:

BSE Performance LLC:
Ranger Crew SP570, or equivalent - $14,778
Ranger Crew SP570 Premium, or equivalent - $15,103
Polaris Sportsman XP1000, or equivalent - $16,946
Polaris Ranger XP1000, equivalent or greater - $20,781

Contract Term
The contract will begin on or about Feb. 1, 2024 for a three-year term with no options
to extend.



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Financial Impact
The aggregate contract value will not exceed $250,000.

Funding is available in the Public Works Department.

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




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Item text
Acquisition of Real Property for Mid-Block High Intensity Activated Crosswalks
at Various Locations Citywide (Ordinance S-50445)

Request to authorize the City Manager, or his designee, to acquire all real property
and related property interests required by donation, purchase within the City's
appraised value, or by the power of eminent domain for the installation of mid-block
high intensity activated crosswalks (HAWKs) at various locations citywide. Further
request to authorize dedication of fee simple or easement land rights to public use for
right-of-way or sidewalk purposes via separate recording instrument. Additionally,
request to authorize the City Controller to disburse all funds related to this item.

Summary
The acquisition of real property is required to facilitate the construction of mid-block
HAWKs. The HAWKs will provide pedestrians and bicyclists a secure passage for
crossing streets, while enhancing safety and minimizing traffic impediment.
Improvements include striping, signals, lighting, curbs, gutters, and Americans with
Disabilities Act (ADA) compliant sidewalks and ramps.

The HAWKS will be installed at the following locations:
1) North 7th Street, south of east Union Hills Drive
2) West Greenway Road, west of north 25th Drive
3) West McDowell Road, west of north 51st Avenue
4) West Indian School Road, west of north 49th Avenue
5) South 35th Avenue, north of west Buckeye Road
6) North 32nd Street, north of east Earll Drive
7) East Broadway Road, west of south 18th Street
The parcels affected by this project are identified in Attachment A.

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

Location
Various Locations
Council Districts: 3, 4, 5, 7 and 8


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




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ATTACHMENT A
Property Identification

ST89330252 - Acquisition of Real Property for Mid-Block High Intensity
Activated Crosswalks at Various Locations Citywide

The following improved and/or unimproved parcels affected by acquisition and
included in this request are identified by the Maricopa County Assessor’s
parcel number (APN) and the address or location.

Council APN Address / Location
District #
3 208-01-643 18030 N. 7th St.
3 208-15-943 2577 W. Greenway Road
4 103-21-001W 1702 N. 43rd Ave.
5229 W. McDowell Road
4 103-30 307Q
5237 W. McDowell Road
5 145-24-001 4108 N. 49th Ave.
7 106-25-108 3503 W. Hadley St.
7 109-58-003 811 S. 35th Ave.
8 119-09-153 3120 N. 32nd St.
8 122-39-084 1734 E. Broadway Road
8 122-40-006 1801 E. Broadway Road
8 127-32-043 3101 N. 32nd St.




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Item text
Polymer-Modified Master Seal & Tire Rubber Modified Surface Sealer - RFA 18-
133 - Amendment (Ordinance S-50456)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 146879 with Musgrove Enterprises, LLC dba SealMaster Arizona to extend
the contract term. Further request to authorize the City Controller to disburse all funds
related to this item. No additional funds are needed, request to continue using
Ordinance S-48139.

Summary
This contract will provide Polymer-Modified Master (PMM) and Tire Rubber Modified
Surface Sealer (TRMSS) to the Street Transportation Department on an as-needed
basis. PMM is an environmentally friendly, mineral-filled asphalt emulsion pavement
sealer and is used on residential streets. PMM provides a superior durability and years
of protection against oxidation, water intrusion, and other environmental challenges
which reduces the frequency of seal coating and saves maintenance costs.

Contract Term
Upon approval, the contract will be extended through Jan. 31, 2025 with an option to
extend through Jan. 31, 2026.

Financial Impact
The aggregate value of the contract will not exceed $8,500,000 and no additional
funds are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Polymer-Modified Master Seal & Tie Rubber Modified Surface Sealer Contract
146879 (Ordinance S-44230) on Jan. 24, 2018;
· Polymer-Modified Master Seal & Tie Rubber Modified Surface Sealer Contract
146879 (Ordinance S-46838) on July 1, 2020;
· Polymer-Modified Master Seal & Tie Rubber Modified Surface Sealer Contract
146879 (Ordinance S-48139) on Dec. 1, 2021; and
· Polymer-Modified Master Seal & Tie Rubber Modified Surface Sealer Contract
146879 (Ordinance S-49342) on Jan. 25, 2023.


Page 128


Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.




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Item text
Asbestos and Lead On-Call Consulting Services - Amendment (Ordinance S-
50477)

Request to authorize the City Manager, or his designee, to execute an amendment to
Master Agreement 155143 with Adams and Wendt, Inc. to provide additional Asbestos
and Lead On-Call Consulting Services for projects citywide. 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 $1 million.

Summary
The purpose of this amendment is to provide continued surveying of designated
facilities and/or facility components for asbestos containing materials (ACM);
production of National Emissions Standards for Hazardous Air Pollutants (NESHAP)
compliant surveys and reports; compliant asbestos survey reports in accordance with
Asbestos Hazard Emergency Response Act (AHERA) protocol; Housing and Urban
Development (HUD) type lead paint surveys and other related environmental services,
construction administration services to manage abatement activities; air monitoring;
monitoring and evaluation of Contractor performance; final clearance; and other
project related services as requested by the City.

This amendment is necessary to provide continued environmental work at the 100
West project. This fast-tracked project requires prompt services to allow the recently
acquired building and parking structures to be refurbished as expeditiously as possible
to be utilized for City use. Adams and Wendt, Inc. is already working on this project
and has institutional knowledge, as well as a large quantity of trained technicians to
oversee the work. Not allowing continuation of services will cause numerous setbacks
and schedule delays. This amendment will provide additional funds to the agreement.

Contract Term
The term of the agreement remains unchanged from the issuance of the original
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


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the term.

Financial Impact
The initial agreement for Asbestos and Lead On-Call Consulting Services was
approved for an amount not to exceed $750,000, including all subconsultant and
reimbursable costs. This amendment will increase the agreement by an additional $1
million, for a new total amount not to exceed $1,750,000, including all subconsultant
and reimbursable costs.

Funding for this amendment is available in the Citywide Capital Improvement Program
and 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 On-Call Master Agreement 155143 (Ordinance S-47916)
on Sept. 8, 2021.

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




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Item text
Parks Master Plan Planning Services - Professional Services - PA75200657
(Ordinance S-50485)

Request to authorize the City Manager, or his designee, to enter into an agreement
with PROS Consulting, Inc. to provide Professional Services that include planning
services for the Parks Master Plan Planning Services project. Further request to
authorize execution of amendments to the agreement as necessary within the Council-
approved expenditure authority as provided below, and for the City Controller to
disburse all funds related to this item. The fee for services will not exceed $1 million.

Additionally, request to authorize the City Manager, or his designee, to take all action
as may be necessary or appropriate and to execute all design and construction
agreements, licenses, permits, and requests for utility services related to the
development, design and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunication, cable
television, railroads and other modes of transportation. Further request the City
Council to grant an exception to Phoenix City Code 42-20 to authorize inclusion in the
documents pertaining to this transaction of indemnification and assumption of liability
provisions that otherwise should be prohibited by Phoenix City Code 42-18. This
authorization excludes any transaction involving an interest in real property.

Summary
The purpose of this project is to have a citywide Parks and Recreation Master Plan as
a policy document that will develop a vision and guide the direction of recreation
facilities, programs, and services for the next 10 years and beyond. There will be an
emphasis on water conservation strategies and Crime Prevention Through
Environmental Design (CPTED).

PROS Consulting, Inc. services include, but are not limited to: evaluation and inventory
of existing parks, recreation programming and facilities with an emphasis on water
conservation strategies and CPTED, assess community demographics and recreation
trends, evaluate and make recommendations for prioritization of department funding
utilization, work with City leadership to develop a comprehensive Master Plan, and
other required services as needed.



Page 132

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

Selected Firm
Rank 1: PROS Consulting, Inc.

Additional Proposers
Rank 2: Berry, Dunn, McNeil, & Parker, LLC
Rank 3: OLIN Partnership, LTD
Rank 4: Design Workshop, Inc.

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

Financial Impact
The agreement value for PROS Consulting, Inc. will not exceed $1 million, including all
subconsultant and reimbursable costs.

Funding is available in the Parks and Recreation 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.

Responsible Department
This item is submitted by Deputy City Managers Inger Erickson and Alan Stephenson,
the Parks and Recreation Department and the City Engineer.




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Grant Agreement with Federal Railroad Administration for Safety Improvements
at Two BNSF Railroad Crossings (Ordinance S-50491)

Request authorization for the City Manager, or his designee, to enter into a Grant
Agreement with the Federal Railroad Administration (FRA) for the City to design and
construct safety improvements at two intersections with BNSF railroad crossings: 43rd
Avenue and Camelback Road, and 19th Avenue and McDowell Road. 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 the City Controller to
disburse all funds related to this item.

Summary
The project will upgrade two large railroad crossings to provide medians and gate
arms to prevent vehicles from stopping on the tracks when a train is approaching the
crossing. These crossings are not currently protected by gate arms; they only have
cantilever signals. This creates a situation where cars and trucks routinely stop on the
tracks while waiting for the traffic signal to change, leading to collisions along the
tracks. This project has a mutual benefit for both BNSF Railway and the City by
utilizing both technology and modifications to the right-of-way to improve safety. The
project was awarded Fiscal Year (FY) 2020-21 Consolidated Rail Infrastructure and
Safety Improvements (CRISI) grant program funds by the FRA.

On Sept. 20, 2023, City Council approved Ordinance S-50182 to enter into an
agreement with BNSF Railway. That agreement was required by the FRA in order to
execute a grant agreement between the City and the FRA to accept the CRISI grant
funds.

Contract Term
The agreement will be effective on the date it is executed by all the governing
organizations and shall remain in effect until all stipulations previously indicated have
been satisfied.

Financial Impact
The total cost of the project including design, construction, and administration is


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$10,120,937. The FRA-awarded grant will contribute up to 70 percent of the total
project cost, not to exceed $7,084,656. The non-federal contribution is comprised of
local match funds available in the Street Transportation Department's Capital
Improvement Program budget valued at $3,036,281. Any additional expenses required
beyond that provided in the Agreement to complete the project will be funded by the

Concurrence/Previous Council Action
S-50182).

Location
43rd Avenue and Camelback Road, and 19th Avenue and McDowell Road
Council Districts: 4, 5 and 7

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.




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West Anthem Lift Station 76 Phase II Expansion - Engineering Services -
WS90400067 Plan Plan (Ordinance S-50443)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Wilson Engineers, LLC to provide Engineering Services that include construction
administration and inspection services for the West Anthem Lift Station 76 Phase II
Expansion project. Further request to authorize execution of amendments to the
agreement as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The fee for services will not exceed $658,028.

Additionally, request to authorize the City Manager, or his designee, to take all action
as may be necessary or appropriate and to execute all design and construction
agreements, licenses, permits, and requests for utility services related to the
development, design and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunication, cable
television, railroads and other modes of transportation. Further request the City
Council to grant an exception to Phoenix City Code 42-20 to authorize inclusion in the
documents pertaining to this transaction of indemnification and assumption of liability
provisions that otherwise should be prohibited by Phoenix City Code 42-18. This
authorization excludes any transaction involving an interest in real property.

Summary
The purpose of this project is to expand the lift station capacity from 0.5 Million Gallon
per Day (MGD) to 2.2 MGD. Work under this project includes construction of a new
wet well, submersible pumps, discharge piping, 18-inch gravity sewer line, biofilter
odor control system, and Calcium Nitrate odor control facility. The existing pumps and
discharge piping will be removed, and the existing wet well will be abandoned in place.
The new discharge piping will connect to the existing 18-inch diameter high density
polyethylene force mains.

Wilson Engineers, LLC's services include, but are not limited to: provide on-site
inspection and review of work to ensure the quality of the executed work and verify the
work is in accordance with the construction documents and specifications; assist the
contractor in obtaining permits and approvals for work; provide oversight to ensure


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protection against defects and deficiencies in the work of contractors and their
subcontractors; perform special inspections as required by Annual Facilities Program;
confirm contractor’s work progress and quantities of work completed are on schedule
and meet standards; review contractor cost proposals, submittals, shop drawings,
RFIs, payment applications, change orders, and other documents as directed by the
City; certify contractor payment applications; and conduct a pre-construction meeting
and other project related progress meetings.
Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-603(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Four firms submitted proposals
and are listed below:
Selected Firm
Rank 1: Wilson Engineers, LLC
Additional Proposers
Rank 2: Stanley Consultants, Inc.
Rank 3: Consor North America, Inc.
Rank 4: Greeley and Hansen LLC
Contract Term
The term of the agreement is five years from the issuance of the Notice to Proceed.
Work scope identified and incorporated into the agreement prior to the end of the term
may be agreed to by the parties, and work may extend past the termination of the
agreement. No additional changes may be executed after the end of the term.
Financial Impact
The agreement value for Wilson Engineers, LLC will not exceed $658,028, including all
subconsultant and reimbursable costs.
Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.
Location
General Location: Interstate I-17 and Pioneer Road
Council District: 1




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Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.





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ImageSite Software Contract - RFA 2223-WTS-344 - Request for Award
(Ordinance S-50446)

Request to authorize the City Manager, or his designee, to enter into an agreement
with eQuorum Corporation to provide software services and upgrades to the City's
current supply of ImageSite software licenses for the Water Services Department.
Further request to authorize the City Controller to disburse all funds related to this
item. The total value of the contract will not exceed $418,440.

Summary
This contract will provide the Water Services Department with ImageSite software
maintenance and support services, including telephone, email technical support,
software upgrades and fixes, which are provided exclusively from the eQuorum
Corporation. The software, a single source engineering workflow and document
management system, proprietary to eQuorum Corporation. It is run on a server used
for Infrastructure Record Services (IRS) to store "As-Built's", quarter section maps, and
facility drawings sets for the departments.

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

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances without Competition, as there exists a lack of available
qualified products, which makes a competitive selection process impracticable,
unnecessary, or contrary to the public interest.

Contract Term
This contract will begin on or about Jan. 3, 2024, for a five-year term with no options to
extend.

Financial Impact
The aggregate contract value will not exceed $418,440 for the five-year aggregate
term.


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Funding is available in the Water Services Departments Operating budget.

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




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Wastewater Collection System Emergency Repair and Replacement Program -
Job Order Contracting Services - 4108JOC222 (Ordinance S-50451)

Request to authorize the City Manager, or his designee, to enter into separate master
agreements with four contractors listed below, to provide Wastewater Collection
System Emergency Repair and Replacement Job Order Contracting Services for the
Water Services Department. Further request to authorize execution of amendments to
the agreements as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The total fee for all services will not exceed $50 million.

Additionally, request to authorize the City Manager, or his designee, to take all action
as may be necessary or appropriate and to execute all design and construction
agreements, licenses, permits, and requests for utility services relating to the
development, design, and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunications, cable
television, railroads and other modes of transportation. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
inclusion in the documents pertaining to this transaction of indemnification and
assumption of liability provisions that otherwise should be prohibited by Phoenix City
Code 42-18. This authorization excludes any transaction involving an interest in real
property.

Summary
The Job Order Contracting (JOC) contractors' services will be used on an as-needed
basis to provide emergency and priority sanitary sewer collection system repair and
replacement. The scope of work may include, but is not limited to: working in confined
spaces, vaults or shored excavations in accordance with all applicable occupational
safety regulations; backfilling and providing temporary and/or permanent pavement
replacement; bypass pumping; repair or replace eight-inch to 90-inch sanitary sewer
lines and force mains; disposal, clean-up, and restoration of job sites; traffic control;
odor control as necessary when working on sanitary sewer lines at various locations;
minor site and piping work at lift stations; new construction, repairs or replacement of
manholes; vaults stations; and all other work as it relates to this JOC. Additionally, the
JOC contractors will be responsible for fulfilling Small Business Enterprise program


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requirements.

Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Four firms submitted proposals
and are listed below:

Selected Firms
Rank 1: WaCo LLC dba WaCo Contracting
Rank 2: B&F Contracting, Inc.
Rank 3: TF Contracting Services LLC
Rank 4: Blucor Contracting Inc.

Contract Term
The term of each master agreement is for up to five years, or up to $12.5 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 value for each of the JOC contractors will not exceed $12.5
million, including all subcontractor and reimbursable costs. The total fee for all services
will not exceed $50 million.

Request to authorize the City Manager, or his designee, to execute job order
agreements performed under these master agreements for up to $4 million each. In no
event will any job order agreement exceed this limit without Council approval to
increase the limit.

Funding is available in the Water Services Department Capital Improvement Program
budget. 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 Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.


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Cave Creek Water Reclamation Plant Electrical, Instrumentation and Control
Systems Inspection and Testing Services - Amendment - WS90300009
(Ordinance S-50458)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 144945 with Arcadis U.S., Inc. to provide Professional Services for the
Cave Creek Water Reclamation Plant Electrical, Instrumentation and Control Systems
Inspection and Testing Services 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.

Summary
The purpose of this project is to improve the functionality, efficiency, and maintenance
of electrical, instrumentation, and control systems. The City uses Electrical,
Instrumentation, and Control System Inspection and Testing Services to assist the
engineer and contractor with projects related to the facilities and its various systems.

This amendment is necessary as the project experienced delays due to development
in the area. The additional time is needed to determine the appropriate sizing and
design of the facility. This amendment will provide additional time to the agreement.

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

Financial Impact
There is no financial impact associated with this amendment.

Concurrence/Previous Council Action
The City Council approved Electrical, Instrumentation, and Control Systems Inspection
and Testing Services Agreement 144945 (Ordinance S-43506) on May 10, 2017.


Page 143


Location
N. Cave Creek Road and E. Deer Valley Road
Council District: 2

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.




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Cave Creek Water (Wastewater) Reclamation Plant Rehabilitation - Construction
Manager at Risk Preconstruction Services Amendment - WS90300008
(Ordinance S-50462)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 153286 with Sundt Construction, Inc. to provide continued Construction
Manager at Risk Services for the Cave Creek Water Reclamation Rehabilitation
project. Further request to authorize execution of amendments to the agreement as
necessary within the Council-approved expenditure authority as provided below, and
for the City Controller to disburse all funds related to this item.

Summary
The Cave Creek Water Reclamation Plant is an eight million gallons per day
conventional activated sludge wastewater treatment plant with nitrogen removal and
final filtration. Wastewater flow is obtained by pumping from sewers located on Cave
Creek Road and Deer Valley Road. The facility was originally placed in operation in
2002 and removed from service in 2009.

The facility was initially designed with on-grade or below-grade facilities to maintain a
low-profile aesthetic for visual and noise attenuation purposes. New facilities will be
designed and constructed to continue this aesthetic.

This amendment is necessary due to the construction being delayed. This amendment
will provide additional time to the agreement. In addition, requesting a title name
change to the original contract from Cave Creek Wastewater Reclamation Plant
Rehabilitation - Construction Manager at Risk Preconstruction Services to Cave Creek
Water Reclamation Plant Rehabilitation - Construction Manager at Risk
Preconstruction Services.

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



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Financial Impact
There is no financial impact to the original agreement.

Concurrence/Previous Council Action
The City Council approved:
· Preconstruction Services Agreement 153286 (Ordinance S-47034) on Nov. 4, 2020;
· Study Services Agreement 145603 (Ordinance S-43772) on July 6, 2017; and
· Study Services Agreement 145603 Amendment 1 (Ordinance S-46230) on Dec. 18,
2019.

Location
Cave Creek Water Reclamation Plant
Council District: 2

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.




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Customer Portal Replacement Project Contract - RFP-2324-WCS-573 - Request
for Award (Ordinance S-50473)

Request to authorize the City Manager, or his designee, to enter into a contract with
i3Milestone, LLC to provide the Oracle Utility Customer Self-Service (OUCSS)
replacement solution for the Water Services and Public Works departments. Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of the contract will not exceed $3,346,498.

Summary
This contract will provide the Water Services and Public Works departments with a
replacement of the OUCSS application with a solution that has advanced user-friendly
features, single sign-on within the City's infrastructure, secure platform, is customer
centric and will have a seamless integration with Customer Care and Billing (CC&B).
The OUCSS is the public-facing customer portal that allows City residents the ability to
access and manage their utility billing and update information or preferences
pertaining to their City services (water, sewer, and/or refuse).

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

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

Eight vendors submitted proposals deemed responsive and responsible. An evaluation
committee of City staff evaluated those offers based on the following criteria with a
maximum possible point total of 1,786:

· Method of Approach (0-750 points)
· Capability (0-500 points)
· Experience (0-336 points)
· Cost (0-200 points)




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

· i3Milestone, LLC (1,386 points)

Contract Term
The contract will begin on or about Jan. 1, 2024, for a five-year term with no options to
extend.

Financial Impact
The aggregate contract value will not exceed $3,346,498. Funding is available in the
Water Services Department's Operating and Capital Improvement Program budgets.

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Mario Paniagua,
and the Water Services and Public Works departments.




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Geographical Information System Boundary Shapefiles for Water Users RTO-
2223-WERF-585 - Request for Award (Ordinance S-50476)

Request to authorize the City Manager, or his designee, to enter into a contract with
GHD, Inc. to provide Geographical Information System Boundary Shapefiles for Water
Users for the Water Services Department. Further request to authorize the City
Controller to disburse all funds related to this item. The total value of the contract will
not exceed $59,295.

Summary
This contract will provide a developed Geographical Information System geodatabase
of boundary spatial layers for large turf and large volume water users within the City of
Phoenix water service areas to assist the Water Economics, Rates, & Forecasting
(WERF) team in conducting water demand research and analysis.

Procurement Information
A Request for Proposal procurement was processed in accordance with City of
Phoenix Administrative Regulation 3.10 utilizing the Data Analytics Qualified Vendor
List.

Two vendors submitted proposals deemed responsive and responsible. An evaluation
committee of City staff evaluated those offers based on the following criteria with a
maximum possible point total of 450:

Capabilities and Experience (0-200 points)
Method of Approach (0-150 points)
Cost (0-100 points)

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

GHD, Inc., (319 points)

Contract Term
The contract will begin on or about Jan. 1, 2024, for a two-year term with three one-
year options to extend.

Page 149

Financial Impact
The aggregate contract value will not exceed $59,295.

Funding is available in the Water Services Departments' Operating budget.

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




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Water Infrastructure Finance Authority Contract - Request to Amend Ordinance
S-49949 (Ordinance S-50481)

Request to amend Ordinance S-49949 to authorize the City manager, or his designee,
to enter into grant fund agreements with the Water Infrastructure Finance Authority of
Arizona that include an exception to the indemnity and assumption of liability provision
found in Phoenix City Code 42-18.

Summary
The City Council approved a request to retroactively apply for grant funding and, if
awarded, enter into grant agreements with the Water Infrastructure Finance Authority
(WIFA) on June 28, 2023, by adopting Ordinance S-49949, (File 23-1470). Since
adoption of that ordinance, the City of Phoenix Water Services Department was
awarded the grant to include Conservation Programs such as High Efficiency Toilet
Replacement, Smart Irrigation Controllers, and a Turf Conservation Rebate Program.
These programs will help solidify the Conservation efforts put forth by the City of
Phoenix and the Water Services Department. WIFA has also now released the draft
agreements for those grants and has included indemnification and assumption of
liability language that requires an exception from Council to the indemnity and
assumption of liability of provision in Phoenix Code 42-18.

The Water Infrastructure Finance Authority approved the application submittal and will
be providing funding towards the Conservation Programs if the agreements are
approved and executed.

Financial Impact
There are no changes to the original funding. The total cost of the project remains
approximately $5,700,000. The WIFA award is $3,100,000 with the cost-share portion
for the City of Phoenix Water Services not to exceed $2,600,000.

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




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Automated Vehicle Location Services Contract - RFA 2324-WAD-531 - Request
for Award (Ordinance S-50486)

Request to authorize the City Manager, or his designee, to enter into a contract with
Manhattan Telecommunications Corporation, LLC (MetTel) to provide automated
vehicle locator services for the Water Services and Street Transportation departments.
Further request to authorize the City Controller to disburse all funds related to this
item. The total value of the contract will not exceed $1,994,400.

Summary
This contract will provide telematic hardware and data monitoring services for tracking
vehicles and obtaining essential data for vehicle maintenance for the Water Services
and Street Transportation departments. Responsibilities include collecting and
maintaining data from approximately 1,000 vehicles, which is essential for continuity of
operations.

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

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances without Competition for restrictive specifications, as the
hardware and the data monitoring equipment are proprietary to MetTel.

Contract Term
The contract will begin on or about Jan. 3, 2024, for a five-year term with no options to
extend.

Financial Impact
The aggregate contract value will not exceed $1,994,400 for the five-year aggregate
term.

Funding is available in the Water Services and Street Transportation departments'
budgets.


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Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, and the Water Services and Street Transportation departments.




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Final Plat - Park Algodon - PLAT 230040 - Northeast Corner of 99th Avenue and
Indian School Road

Plat: 230040
Project: 22-556
Name of Plat: Park Algodon
Owners: CLPF Creation Park Algodon Phase I, LLC, CRE Indian School 101, LLC, &
Algodon Center, LLLP
Engineer: James A. Brucci, RLS
Request: A Four-Lot Commercial Plat
Reviewed by Staff: Nov. 22, 2023
Final Plat requires Formal Action Only.

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

Location
Generally located at the northeast corner of 99th Avenue and Indian School Road
Council District: 5

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




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Final Plat - South Mountain Shadows - PLAT 230055 - Northeast Corner of 16th
Street and Chipman Road

Plat: 230055
Project: 20-3324
Name of Plat: South Mountain Shadows
Owner: 16th & Chipman, LLC
Engineer: Timothy J. Evans, RLS
Request: A 40-Lot Subdivision Plat
Reviewed by Staff: Nov. 29, 2023
Final Plat requires Formal Action Only

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

Location
Generally located at the northeast corner of 16th Street and Chipman Road
Council District: 8

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




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Final Plat - Estrella Crossing-Phases 1 & 2-Tracts PP, QQ, RR, SS & TT - PLAT
230084 - Southeast Corner of 59th Avenue and Olney Avenue

Plat: 230084
Project: 19-722
Name of Plat: Estrella Crossing-Phases 1 & 2-Tracts PP, QQ, RR, SS & TT
Owner: Brookfield Holdings (Estrella Crossing), LLC
Engineer: Robert A. Johnson, RLS
Request: Easement Dedication
Reviewed by Staff: Dec. 1, 2023
Final Plat requires Formal Action Only

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

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

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




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Abandonment of Easement - ABND 230025 - 3417 N 12th Place (Resolution
22181)

Abandonment: 230025
Project: 22-89
Applicant: Artin Knadjian
Request: To abandon sewer easement, Docket 1118, Page 975, Maricopa County
Recorder. It is currently not in use and a new development is proposed to be built at
this location.
Date of Decision: Oct. 6, 2023

Location
Generally located at 3417 N. 12th Place
Council District: 4

Financial Impact
Pursuant to Phoenix City Code Article 5, section 31-64 (e) as the City acknowledges
the public benefit received by the generation of additional revenue from the private tax
rolls and by the elimination of third-party general liability claims against the city,
maintenance expenses, and undesirable traffic patterns, also re-platting of the area
with alternate roadways and new development as sufficient and appropriate
consideration in this matter.

None. No fees were collected as apart of this easement abandonment, although filing
fees were paid.

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




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Retroactive Approval to Apply for an Arizona State Parks & Trails Historic
Preservation Heritage Fund Grant for Fiscal Year 2024 - State Funding
(Resolution 22179)

This report requests that the City Council retroactively authorize City staff to apply for
the Arizona State Parks & Trails Historic Preservation Heritage Fund Grant to
rehabilitate the historically designated Seargeant-Oldaker House located at 649 N. 3rd
Ave.

Applications were due to the State by Nov. 3, 2023. The application requires City
Council resolution by no later than Jan. 3, 2024.

Summary
The Arizona State Parks & Trails Historic Preservation Heritage Fund was funded in
2023 by the State Legislature with $1.8 million in funds. Grants can request up to 20
percent of the historic preservation fund. The grant program funds brick and mortar
projects for historic resources including rehabilitation, restoration, stabilization, and
protection.

The City intends to submit for one grant to rehabilitate the historic Seargeant-Oldaker
House. The house was constructed in 1909, and was listed in the National and
Phoenix historic property registers as a significant local example of Craftsman-style
architecture and for its association with prominent Phoenician Elizabeth Seargeant-
Oldaker. The building, which had previously been slated for demolition, will now be
relocated on the property, set on a new foundation, stabilized, and rehabilitated for
adaptive reuse as a restaurant. The relocation would allow for new multi-use
development on the property and provide for long-term preservation of the building
through a conservation easement.

The total estimated project cost is $1,350,645, with the City to provide $400,000 in Phil
Gordon Threatened Building Grant funds, the Historic Preservation Heritage Fund
providing $324,329, and the property owner, 649 3rd Ave. Partners, LLC, dba
LiveForward Development, paying the $626,316 balance.

The City is proposing to submit this application since the property is privately owned.


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Private property owners may not apply directly for Heritage Fund grants but may
receive funds as a third party through an eligible third-party applicant.

Financial Impact
If awarded the State Historic Preservation Heritage Fund Grant, the City’s costs would
not exceed $400,000.

Funding for the local match is available in the Historic Preservation Office Program
Budget for grants and subsidies under the classification of the Phil Gordon Threatened
Building Program. Approval for the match is being submitted as a separate agenda
item. Potential state grant funding received is available through the State Legislature
under A.R.S. 41-503 Historic Preservation Heritage Fund Fiscal Year 2024 grant
opportunity.

Concurrence
The Historic Preservation Commission recommended approval of this item on Sept.
18, 2023, by an 8-0 vote.

Location
649 N. 3rd Ave.
Council District: 7

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




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Item text
Remove/Replace Zoning District - Ekmark - Annexation 529 - Southwest Corner
of the 78th Avenue and Alta Vista Road Alignments (Ordinance G-7212)

Request to authorize the City Manager, or his designee, to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by removing the
Maricopa County RU-43 zoning district and replacing it with the City of Phoenix S-1
zoning district on property at the location described below, which was annexed into the

Location
Southwest corner of the 78th Avenue and Alta Vista Road alignments
Council District: 7

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




Page 160
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 CODE OF THE CITY OF
PHOENIX, ARIZONA, PART II, CHAPTER 41, THE ZONING
ORDINANCE OF THE CITY OF PHOENIX, BY AMENDING
SECTION 601, THE ZONING MAP OF THE CITY OF PHOENIX, BY
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
ANNEXED PARCEL DESCRIBED HEREIN (EKMARK
ANNEXATION, NO. 529) FROM COUNTY RU-43 TO CITY’S S-1
(RANCH OR FARM RESIDENCE).

____________



WHEREAS, on November 15, 2023, via Ordinance S-50339, the City of Phoenix

annexed an approximately 18.96-acre property located at the southwest corner of the

78th Avenue and Alta Vista Road alignments, in a portion of Section 35, Township 1

North, Range 1 East, as described more specifically in “Exhibit A” and incorporated

herein by this reference; and,

WHEREAS, as required by A.R.S. § 9-471.L, the City of Phoenix is

required to adopt zoning districts on the subject parcel to permit uses and densities no

greater than those allowed by the prior County zoning district; and,

WHEREAS, immediately prior to annexation the zoning applicable to this

territory was Maricopa County’s RU-43 zoning district; and

WHEREAS, the City’s S-1 (Ranch or Farm Residence) zoning district is

equivalent to Maricopa County's RU-43 zoning district;



Page 161
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY

OF PHOENIX, as follows:

SECTION 1. The approximately 18.96-acre property located at the

southwest corner of the 78th Avenue and Alta Vista Road alignments, in a portion of

Section 35, Township 1 North, Range 1 East, which is described in “Exhibit A” and

depicted in “Exhibit B” has been annexed to the City of Phoenix, and the present

corporate limits of the City have been extended and increased to include such property.

SECTION 2. Pursuant to A.R.S. §9-471(L), the property depicted in Exhibit

B is hereby removed from Maricopa County's RU-43 zoning district and placed into the

City’s S-1 (Ranch or Farm Residence) zoning district. This zoning designation shall take

effect thirty days after this Ordinance is adopted, without further action by the City

Council, and

SECTION 3. The City Clerk shall cause a copy of this Ordinance, together

with “Exhibit A” and “Exhibit B” to be filed and recorded in the Records of the Office of

the Maricopa County Recorder, and

SECTION 4. 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 5. If any section, subsection, sentence, clause, phrase or portion

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

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

remaining portions hereof.

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

2024.




Page 162
________________________________
MAYOR




ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager




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




Page 163
EKMARK ANNEXATION
Legal Description
Exhibit A

That part of the Southwest quarter of the Northeast quarter of Section 35, Township 1
North, Range 1 East, G&SRB&M, Maricopa County, Arizona described as follows:

BEGINNING at the Northwest lot corner common to Lots 28 and 351, LAVEEN FARMS-
UNIT 4, according to the plat of record in the office of the County Recorder of Maricopa
County, Arizona, in Book 931 of Maps at page 47, said corner also being the Southeast
corner of said Southwest quarter of the Northeast quarter of Section 35, said corner also
being a point common to the areas annexed by City of Phoenix ordinances G-3835 and
G-4196;

thence Westerly along the North line of said area annexed by ordinance G-3835 also
being South line of said Northeast quarter of Section 35 to the Southwest corner of the
East half of the West half of said Southwest quarter of the Northeast quarter of Section
35;

thence, departing said ordinance boundary, Northerly along the West line of said East
half to the Northwest corner thereof;

thence Easterly along the North line of said East half to the Northeast corner thereof;

thence Southerly along the East line of said East half to the North line of the South 600
of the East half of said Southwest quarter of the Northeast quarter of Section 35;

thence Easterly along last said North line to the East line of said Southwest quarter of
the Northeast quarter of Section 35 and the West line of the area annexed by said
ordinance G-4196;

thence Southerly along last said East line and last said West ordinance line to the POINT
OF BEGINNING.

Area = 18.972 Acres
Area = 0.0296 Sq. Miles




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Item text
***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** (CONTINUED FROM
OCT. 4, NOV. 1 AND DEC. 6, 2023) - Amend City Code - Ordinance Adoption -
Rezoning Application Z-27-23-1 - Southwest Corner of 19th Avenue and Quail
Avenue (Ordinance G-7172)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
IND. PK. DVAO (Industrial Park, Deer Valley Airport Overlay District) to C-3 DVAO
(General Commercial, Deer Valley Airport Overlay District) to allow electric vehicle
sales and repair.

Summary
Current Zoning: IND. PK. DVAO
Proposed Zoning: C-3 DVAO
Acreage: 7.91 acres
Proposal: Electric vehicle sales and repair.

Owner/Applicant: Aztec 19th Ave., LLC
Representative: William E. Lally, Tiffany & Bosco, PA

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Deer Valley Village Planning Committee heard this case on Aug. 10,
2023, and recommended approval, per the staff recommendation with deleted
stipulations, by a vote of 11-1.
PC Action: The Planning Commission heard this case on Sept. 7, 2023, and
recommended approval, per the Deer Valley Village Planning Committee
recommendation, by a vote of 6-0.

Location
Southwest corner of 19th Avenue and Quail Avenue
Council District: 1
Parcel Address: 21030 and 21040 N. 19th Ave. and 1929 W. Quail Ave.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 166
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-27-23-1) FROM IND. PK. DVAO (INDUSTRIAL
PARK, DEER VALLEY AIRPORT OVERLAY DISTRICT) TO C-3
DVAO (GENERAL COMMERCIAL, DEER VALLEY AIRPORT
OVERLAY DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 7.91-acre property located at the southwest

corner of 19th Avenue and Quail Avenue in a portion of Section 24, Township 4 North,

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

“IND.PK. DVAO” (Industrial Park, Deer Valley Airport Overlay District) to “C-3 DVAO”

(General Commercial, Deer Valley Airport Overlay District).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”

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

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



Page 167
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The development shall be in general conformance with the elevations date
stamped May 4, 2023, as modified by the following stipulations and approved
by the Planning and Development Department.

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

3. A minimum of 5% of the required parking spaces shall include Electric Vehicle
(EV) Installed infrastructure, as approved by the Planning and Development
Department.

4. All nonresidential uses over 5,000 square feet floor area shall provide one
bicycle parking space per 25 vehicle parking spaces, with a maximum of 25
spaces. Bicycle parking shall be provided through Inverted U and/or artistic
racks located near the front office and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance, as approved by the Planning and
Development Department. Artistic racks shall adhere to the City of Phoenix
Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan.

5. Existing streetscape beginning at back of curb shall be replenished with the
approved landscaping and ground cover along 19th Avenue and Quail Avenue,
as approved by the Planning and Development Department.

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

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

8. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.




Page 168
SECTION 4. If any section, subsection, sentence, clause, phrase or

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

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

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 4th day of October,

2023.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 169
EXHIBIT A

LEGAL DESCRIPTION FOR Z-27-23-1


Within a portion of Section 24, Township 4 North, Range 2 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described
as follows:

PARCEL 1:
LOT 31, AZTEC BUSINESS PARK, A SUBDIVISION RECORDED IN BOOK 310 OF
MAPS, PAGE 48 AND CERTIFICATES OF CORRECTION RECORDED IN
RECORDING NO. 87-384338 THROUGH 87-384341, INCLUSIVE, RECORDS OF
MARICOPA COUNTY, ARIZONA.

EXCEPT THE WEST 229 FEET.

PARCEL 2:

LOT 32, AZTEC BUSINESS PARK, A SUBDIVISION RECORDED IN BOOK 310 OF
MAPS, PAGE 48 AND CERTIFICATES OF CORRECTION RECORDED IN
RECORDING NO. 87-384338 THROUGH 87-384341, INCLUSIVE, RECORDS OF
MARICOPA COUNTY, ARIZONA.




Page 170
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Page 172
Page 173
PLANNING & DEVELOPMENT DEPARTMENT



To: Alan Stephenson Date: October 31, 2023
Deputy City Manager

From: Joshua Bednare��
Planning and DevJ/opment Director

Subject: CONTINUANCE OF ITEM 70 ON THE NOVEMBER 1, 2023, FORMAL AGENDA­
Z-27-23-1 - SOUTHWEST CORNER OF 19TH AVENUE AND QUAIL AVENUE
(ORDINANCE G-7172)

Item 70, rezoning application Z-27-23-1 is a request to rezone 7.91 acres located at the
southwest corner of 19th Avenue and Quail Avenue from IND.PK. DVAO (Industrial Park,
Deer Valley Airport Overlay District)) to C-3 DVAO (General Commercial, Deer Valley Airport
Overlay District) to allow electric vehicle sales and repairs.

Staff has received correspondence from the applicant requesting a continuance to address
concerns by adjacent property owners.

Staff recommends continuing this item to the December 6, 2023, City Council Formal
meeting.




Approved: �--
fiJanstephenso
Deputy City Manager




Attachment:
Exhibit A - Applicant's request for continuance




Page 174
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Item text
***REQUEST TO WITHDRAW (SEE ATTACHED MEMO)*** Amend City Code -
Ordinance Adoption - Rezoning Application Z-32-23-3 - Approximately 360 Feet
East of the Southeast Corner of Cave Creek Road and Mescal Street (Ordinance
G-7207)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-10 (Single-Family Residence District) to C-3 (General Commercial) to allow C-3
commercial use (self-service storage warehouse).

Summary
Current Zoning: R1-10
Proposed Zoning: C-3
Acreage: 1.20
Proposal: C-3 commercial use (self-service storage warehouse)

Owner: Terrance A & Paige S Maglio
Applicant/Representative: Marty Hall
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The North Mountain Village Planning Committee heard this case on Sept.
20, 2023, and recommended approval, per the staff recommendation, with direction,
by a vote of 7-3.
PC Action: The Planning Commission heard this case on Oct. 5, 2023, and continued
the case, by a vote of 7-0. The Planning Commission heard this case on Nov. 2, 2023,
and continued the case, by a vote of 9-0. The Planning Commission heard this case
on Dec. 7, 2023, and recommended denial, by a vote of 5-0.
Location
Approximately 360 feet east of the southeast corner of Cave Creek Road and Mescal
Street
Council District: 3
Parcel Address: 1545 E. Mescal St.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.


Page 178
PLANNING & DEVELOPMENT DEPARTMENT



To: Alan Stephenson Date: December 27, 2023
Deputy City Manager

From: Joshua Bednare�
Planning and DevMiopment Director

Subject: WITHDRAWAL OF ITEM 83 ON THE JANUARY 3, 2024, FORMAL AGENDA­
Z-32-23-3-APPROXIMATELY 360 FEET EAST OF THE SOUTHEAST
CORNER OF CAVE CREEK ROAD AND MESCAL STREET (ORDINANCE
G-7207)
Item 83, rezoning application Z-32-23-3 is a request to rezone 1.20 acres located
approximately 360 feet east of the southeast corner of Cave Creek Road and Mescal
Street from R1-10 (Single-Family Residence District) to C-3 (General Commercial) to
allow for a self-service storage warehouse.

Staff recommends withdrawing the case so that it can be advertised for a public hearing
on a future City Council Formal agenda.




Page 179
Page 180
ATTACHMENT A

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


ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-32-23-3) FROM R1-10 (SINGLE-FAMILY RESIDENCE
DISTRICT) TO C-3 (GENERAL COMMERCIAL).

____________



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

follows:

SECTION 1. The zoning of a 1.20-acre property located approximately

360 feet east of the southeast corner of Cave Creek Road and Mescal Street in a

portion of Section 22, Township 3 North, Range 3 East, as described more specifically

in Exhibit “A,” is hereby changed from “R1-10” (Single-Family Residence District) to “C-

3” (General Commercial).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”

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

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

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

Phoenix Zoning Ordinance:




Page 181
1. No bay or loading doors shall be located on perimeter building elevations
facing the R-3 residential district.

2. The maximum building height shall be 15 feet.

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

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

5. A minimum of two 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. A minimum of one of
the required bicycle parking spaces shall include standard electrical
receptacles for electric bicycle charging capabilities, as approved by the
Planning and Development Department.

6. A minimum of one parking space shall be EV Ready.

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.




Page 182
PASSED by the Council of the City of Phoenix this 3rd day of January

2024.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 183
EXHIBIT A

LEGAL DESCRIPTION FOR Z-32-23-3

That part of the Santa Rosa Mining Claim, within the Southwest quarter of Section 22,
Township 3 North, Range 3 East of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona, being a portion of Mineral Survey No. 4112, according to the
Patent recorded in Book 285 of Deeds, Page 579 thereof, and described a s follows:

BEGINNING at the Southwest corner of the Northwest quarter of the Southwest quarter
of said Section 22;

thence South along the West line of said Section 90 feet;

thence East 215 feet:

thence North parallel to the West line of said Section 240 feet:

thence West 215 feet, to the West line of said Section;

thence South along said West line 150 feet to the POINT OF BEGINNING.




Page 184
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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-51-23-3
(Resilient Living at Sunnyslope PUD) - Approximately 275 Feet East of the
Southeast corner of 19th Avenue and Sahuaro Drive (Ordinance G-7213)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-3 (Multifamily Residence District) to PUD (Planned Unit Development) to allow
multifamily residential.

Summary
Current Zoning: R-3
Proposed Zoning: PUD
Acreage: 1.08
Proposal: Multifamily residential

Owner: Northern Office Properties, LLC
Applicant: Resilient Health
Representative: Benjamin Graff, Quarles & Brady, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Info: The North Mountain Village Planning Committee heard this case on Oct. 18,
2023, for information only.
VPC Action: The North Mountain Village Planning Committee heard this case on Nov.
15, 2023, and recommended approval, per the staff recommendation, by a vote of 12-
0.
PC Action: The Planning Commission heard this case on Dec. 7, 2023, and
recommended approval, per the North Mountain Village Planning Committee
recommendation, by a vote of 5-0.

Location
Approximately 275 feet east of the southeast corner of 19th Avenue and Sahuaro
Drive
Council District: 3
Parcel Address: 1815 W. Sahuaro Drive



Page 186

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




Page 187
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-51-23-3) FROM R-3 (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 1.08 acre property located approximately

275 feet east of the southeast corner of 19th Avenue and Sahuaro Drive in a portion of

Section 19, Township 3 North, Range 3 East, as described more specifically in Exhibit

“A,” is hereby changed from “R-3” (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 188
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 Resilient Living at Sunnyslope PUD
reflecting the changes approved through this request shall be submitted to the
Planning and Development Department within 30 days of City Council approval of
this request. The updated Development Narrative shall be consistent with the
Development Narrative date stamped November 2, 2023, as modified by the
following stipulations:

a. Front cover: Revise the submittal date information on the bottom to add the
following: Hearing draft submittal: November 2, 2023; City Council adopted:
[Add adoption date].

b. Page 8, D. Development Standards, D.1. Development Standard table, a.
Maximum Residential Unit Count, Density: Update to 37.04 du/ac.

c. Page 8, D. Development Standards, D.2 Landscape Standards table: Add a
requirement for planting standards for the perimeter setback adjacent to the
street to include minimum 2-inch caliper streets, planted 25 feet on center or
in equivalent groupings.

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

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

4. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims 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 189
PASSED by the Council of the City of Phoenix this 3rd day of January,

2024.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 190
EXHIBIT A

LEGAL DESCRIPTION FOR Z-51-23-3

ALL OF LOT 12 AND THAT PORTION OF W. SAHUARA DRIVE LOCATED
ADJACENT TO AND NORTH OF SAID LOT 12 AS RECORDED IN BOOK 57, PAGE
25, RECORDS OF MARICOPA COUNTY, SITUATED IN THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 3 EAST, OF THE GILA
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12,

THENCE SOUTH 00 DEGREES 20 MINUTES 25 SECONDS WEST, ALONG THE
EAST LINE OF SAID LOT 12, A DISTANCE OF 108.17 FEET;

THENCE CONTINUING ALONG THE EAST LINE, THE FOLLOWING TWO (2)
COURSES AND DISTANCES;

THENCE NORTH 89 DEGREES 58 MINUTES 45 SECONDS WEST, A DISTANCE OF
21.52 FEET,

THENCE SOUTH 00 DEGREES 20 MINUTES 25 SECONDS WEST A DISTANCE OF
196.0 FEET TO THE SOUTH LINE OF SAID LOT 12;

THENCE ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 58 MINUTES 45
SECONDS WEST, A DISTANCE OF 146.52 FEET TO THE WEST LINE OF SAID LOT
12;

THENCE ALONG SAID WEST LINE AND THE PROLONGATION THEREOF NORTH
00 DEGREES 20 MINUTES 25 SECONDS EAST, A DISTANCE OF 329.13 FEET TO
THE MONUMENT LINE OF W. SAHAURO DRIVE AS DEPICTED ON SAID PLAT;

THENCE ALONG SAID MONUMENT LINE NORTH 89 DEGREES 57 MINUTES 30
SECONDS EAST, A DISTANCE OF 125.O FEET;

THENCE LEAVING SAID MONUMENT LINE, SOUTH 00 DEGREES 20 MINUTES 25
SECONDS WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING;

SAID PARCEL CONTAINS 45354.85 SQUARE FEET OR 1.04 ACRES, MORE OR
LESS.




Page 191
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Item text
***REQUEST TO WITHDRAW (SEE ATTACHED MEMO)*** Amend City Code -
Ordinance Adoption - Rezoning Application Z-50-23-4 - Northeast Corner of 3rd
Street and Cheery Lynn Road (Ordinance G-7210)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-6 (Single-Family Residence District) and R-5 (Multifamily Residence District) to WU
Code T4:3 MT, (Walkable Urban Code, Transect 4:3 District, Transit Midtown
Character Area) to allow townhomes.

Summary
Current Zoning: R1-6 (0.77-acres) and R-5 (0.58-acres)
Proposed Zoning: WU Code T4:3 MT
Acreage: 1.35
Proposal: Townhomes

Owner: Kris Rigsby, Rigsby, LLC
Applicant/Representative: Kristjan Sigurdsson

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on Nov. 6, 2023,
and recommended denial, by a vote of 7-4.
PC Action: The Planning Commission heard this case on Dec. 7, 2023, and
recommended approval, per the staff recommendation, by a vote of 4-1.

Location
Northeast corner of 3rd Street and Cheery Lynn Road
Council District: 4
Parcel Address: 3201 N. 3rd St. and 306, 310, 314, 316, 318, and 322 E. Cheery Lynn
Road

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


Page 193
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-50-23-4) FROM R1-6 (SINGLE-FAMILY
RESIDENCE DISTRICT) AND R-5 (MULTIFAMILY RESIDENCE
DISTRICT) TO WU CODE T4:3 MT (WALKABLE URBAN CODE,
TRANSECT 4:3 DISTRICT, TRANSIT MIDTOWN CHARACTER
AREA).

____________



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

follows:

SECTION 1. The zoning of a 1.35 acre site located at the northeast corner

of 3rd Street and Cheery Lynn Road in a portion of Section 29, Township 2 North,

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

0.77-acres of “R1-6” (Single-Family Residence District) and 0.58-acres of R-5 (Multi-

Family Residence District) to “WU Code T4:3 MT” (Walkable Urban Code, Transect 4:3

District, Transit Midtown Character Area).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”




Page 194
SECTION 3. Due to the site’s specific physical conditions and the use

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

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

Phoenix Zoning Ordinance:


1. Landscape areas within retention areas shall be planted with shrubs, accents
and vegetative groundcovers to provide a minimum of 75% live coverage at
maturity, as approved by the Planning and Development Department.

2. Bicycle infrastructure shall be provided as described below, as approved by
the Planning and Development Department.

a. A publicly accessible bicycle repair station (“fix it station”) shall be
provided and maintained adjacent to 3rd Street. The bicycle repair station
(“fix it station”) shall be provided in an area of high visibility and separated
from vehicular maneuvering areas, where applicable. The repair station
shall include, but not be limited to, standard repair tools affixed to the
station, a tire gauge and pump affixed to the base of the station or the
ground, and a bicycle repair stand which allows pedals and wheels to spin
freely while making adjustments to the bike.

b. A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities,
as approved by the Planning and Development Department.

3. A minimum of 10% of the required parking spaces shall include Electric Vehicle
(EV) ready infrastructure, as approved by the Planning and Development
Department.

4. The full 20-foot width of the adjacent alley shall be paved from 3rd Street to 5th
Street.

5. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be
constructed on the west side of 3rd Street, adjacent to the development, as
approved by the Planning and Development Department.

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

6. All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,




Page 195
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

7. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been reviewed
and approved by the City Attorney.

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


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

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

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

of the remaining portions hereof.

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

2024.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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




Page 196
By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 197
EXHIBIT A

LEGAL DESCRIPTION FOR Z-50-23-4

WITHIN A PORTION OF SECTION 29, TOWNSHIP 2 NORTH, RANGE 3 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOTS 19, 20, 21, 22, 23 AND 24, BLOCK 1 OF REPLAT OF PARKER L. WOODMAN
TRACT, ACCORDING TO BOOK 6 OF MAPS, PAGE 34, RECORDS OF MARICOPA
COUNTY, ARIZONA.




Page 198
Page 199



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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-70-23-5 (Helen
Drake Village PUD) - Approximately 315 Feet South of the Southwest Corner of
27th Avenue and Belmont Avenue (Ordinance G-7214)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-6 (Single-Family Residence District) to PUD (Planned Unit Development) for a
senior housing development.

Summary
Current Zoning: R1-6
Proposed Zoning: PUD
Acreage: 4.73
Proposal: Senior housing development

Owner: City of Phoenix, Human Services Department
Applicant: Samantha Keating, City of Phoenix, Housing Department
Representative: Nick Wood, Esq., Snell and Wilmer, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Info: The Alhambra Mountain Village Planning Committee was scheduled to hear
this case on Oct. 24, 2023, for information only; however, there was no quorum.
VPC Action: The Alhambra Village Planning Committee heard this case on Nov. 28,
2023, and recommended approval, per the staff recommendation, by a vote of 10-1.
PC Action: The Planning Commission heard this case on Dec. 7, 2023, and
recommended approval, per the Alhambra Village Planning Committee
recommendation, with a modified and additional stipulation, by a vote of 5-0.

Location
Approximately 315 feet south of the southwest corner of 27th Avenue and Belmont
Avenue
Council District: 5
Parcel Address: 7600 N. 27th Ave.




Page 200

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




Page 201
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-70-23-5) FROM R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT).

____________



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

follows:

SECTION 1. The zoning of a 4.73-acre property located approximately

315 feet south of the southwest corner of 27th Avenue and Belmont Avenue in a portion

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

“A,” is hereby changed from “R1-6” (Single-Family Residence District) to “PUD”

(Planned Unit Development).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”

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

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




Page 202
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 Helen Drake Village PUD reflecting
the changes approved through this request shall be submitted to the Planning
and Development Department within 30 days of City Council approval of this
request. The updated Development Narrative shall be consistent with the
Development Narrative date stamped November 20, 2023, as modified by the
following stipulations:

a. Front cover: Revise the submittal date information on the bottom to add
the following: Hearing draft submittal: November 20, 2023; City Council
adopted: [Add adoption date].

b. Page 8, Section C. List of Uses, C.1:Permitted Uses: Update the third
bullet point to state “All R1-6 uses as permitted by and per the conditions
of the Residential District Land Use Matrix table in Section 608.D of the
Zoning Ordinance.”

c. Page 9, Section D. Development Standards, D1:Development Standards
Table, a. Density: Update the Maximum Density (within PUD boundary) to
43.13.

d. Page 9, Section D. Development Standards, D2:Streetscape Standards, a.
27th Avenue: Update the Minimum Streetscape Zone Width to “from back
of property line 20’”.

e. Page 10, Section D. Development Standards, D3:Landscape Standards
Table, a. Landscape Setbacks (Minimum): Update the landscape setbacks
to include an East (27th Avenue) landscape setback of 20 feet.

f. Page 12, Section D. Development Standards, D4:Parking, e. EV Parking
Spaces: Update standard to include the following “A minimum of 5% of the
required residential parking spaces shall include EV Capable
infrastructure.”

g. Page 13, Section D. Development Standards, D5:Fences/Walls: Modify
the six-foot perimeter wall surrounding Phase 1 of the development, to
consist of partial view fencing around the southern and eastern boundaries
of Phase 1, and a solid six-foot block wall along the western and northern
boundaries of Phase 1, as approved by the Planning and Development
Department.

2. A minimum 50-feet of right-of-way shall be dedicated for the west half of 27th
Avenue, adjacent to the development.




Page 203
3. Existing streetscape beginning at the back of curb shall be replenished with the
approved landscaping and trees along 27th Avenue, as approved by the
Planning and Development Department.

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

5. 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.

6. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record. This stipulation shall not be applicable if
the property is owned by the City of Phoenix.


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

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

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

of the remaining portions hereof.

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

2024.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk




Page 204
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 205
EXHIBIT A

WITHIN A PORTION OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 2 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOT 1 OF THE FINAL PLAT FOR MANZANITA SENIOR CENTER ON BOOK 1074
PAGE 38 OF THE MARICOPA COUNTY RECORDER.




Page 206
Page 207



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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-48-23-6 -
Northwest Corner of 44th Street and Earll Drive (Ordinance G-7209)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-6 (Single-Family Residence District) to R-O (Residential Office - Restricted
Commercial District) to allow a chiropractic office.

Summary
Current Zoning: R1-6
Proposed Zoning: R-O
Acreage: 0.42
Proposal: Chiropractic office

Owners/Applicants/Representatives: Keiko Finnignan and Sera Sheppard

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on Nov.
14, 2023, and recommended approval, per the staff recommendation, by a vote of 14-
0.
PC Action: The Planning Commission heard this case on Dec. 7, 2023, and
recommended approval, per the Camelback East Village Planning Committee
recommendation, by a vote of 5-0.

Location
Northwest corner of 44th Street and Earll Drive
Council District: 6
Parcel Address: 4346 E. Earll Drive

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




Page 208
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-48-23-6) FROM R1-6 (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 0.42-acre site located at the northwest corner of 44th

Street and Earll Drive in in a portion of Section 30, Township 2 North, Range 4 East, as

described more specifically in Exhibit “A,” is hereby changed from “R1-6” (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,

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




Page 209
Phoenix Zoning Ordinance:

1. The required building setbacks along Earll Drive and 44th Street shall be
planted with minimum 2-inch caliper trees planted 20 feet on center or in
equivalent groupings, with drought-tolerant shrubs, accents, and vegetative
groundcovers, as approved by the Planning and Development Department.

2. A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near building entrances. These parking spaces
shall be 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.

3. Two required bicycle parking spaces shall include standard electrical
receptacles for electric bicycle charging capabilities, as approved by the
Planning and Development Department.

4. A minimum of 10 percent of the required parking spaces shall include Electric
Vehicle (EV) Capable infrastructure, as approved by the Planning and
Development Department.

5. All pedestrian pathways, including sidewalks, shall be shaded by a structure,
landscaping or a combination of the two to provide a minimum 75 percent
shade, as approved by the Planning and Development Department.

6. A minimum 6-foot-wide detached sidewalk separated by a minimum 10-foot
wide landscape strip located between the back of curb and sidewalk shall be
provided on the west side of 44th Street, planted to the following standards and
as approved by the Planning and Development Department.

a. Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade
trees planted 20 feet on center or in equivalent groupings.

b. Drought tolerant shrubs, accents and vegetative groundcovers to achieve a
minimum of 75 percent live vegetative ground coverage at maturity.

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

7. A minimum 5-foot-wide attached sidewalk shall be provided along Earll Drive,
as approved by the Planning and Development Department.

8. The developer shall dedicate a minimum 10-foot-wide sidewalk easement for
the west side of 44th Street, adjacent to the development.




Page 210
9. All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

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.


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

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

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

of the remaining portions hereof.

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

2024.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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




Page 211
By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 212
EXHIBIT A

LEGAL DESCRIPTION FOR Z-48-23-6

WITHIN A PORTION OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 4 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOT 53, OF LEROY VISTA, ACCORDING TO THE PLAT OF RECORD IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 48 OF MAPS, PAGE 38.




Page 213
Page 214



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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-52-23-8 -
Southeast and Southwest Corners of 13th Street and Washington Street
(Ordinance G-7208)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-3 TOD-1 (General Commercial, Interim Transit-Oriented Zoning Overlay District
One) and R-5 RI TOD-1 (Multifamily Residence District, Residential Infill District,
Interim Transit-Oriented Zoning Overlay District One) to WU Code T5:7 EG (Walkable
Urban Code, Transect 5:7 District, Transit Eastlake-Garfield Character Area) and WU
Code T5:7 EG HP (Walkable Urban Code, Transect 5:7 District, Transit Eastlake-
Garfield Character Area, Historic Preservation Overlay) to allow mixed use including
multifamily residential, hotel, and general retail; and a Historic Preservation (HP)
zoning overlay for the Greenlee-Hammond House/Virgil J. Berry Real Estate &
Insurance Agency (1321 E. Washington St.).

Summary
Current Zoning: C-3 TOD-1 (3.77 acres) and R-5 RI TOD-1 (0.95 acres)
Proposed Zoning: WU Code T5:7 EG (4.49 acres) and WU Code T5:7 EG HP (0.23
acres)
Acreage: 4.72
Proposal: Mixed use including multifamily residential, hotel, and general retail; and a
Historic Preservation (HP) zoning overlay for the Greenlee-Hammond House/Virgil J.
Berry Real Estate & Insurance Agency (1321 E. Washington St.)

Owner: 1301 East Washington, LLC, et. al.
Applicant/Representative: Virgil J. Berry Jr.

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Central City Village Planning Committee heard this case on Nov. 13,
2023, and recommended approval, per the staff recommendation, with a modification
and an additional stipulation, by a vote of 11-3.
PC Action: The Planning Commission heard this case on Dec. 7, 2023, and
recommended approval, per the staff memo dated Dec. 6, 2023, by a vote of 5-0.



Page 215

Location
Southeast and southwest corners of 13th Street and Washington Street
Council District: 8
Parcel Address: 1229, 1233, 1237, 1241, 1245, 1301, 1305, 1309, 1313, 1317, and
1321 E. Washington St.; 1230, 1234, 1238, 1242, 1246, and 1310 E. Jefferson St.

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




Page 216
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-52-23-8) FROM C-3 TOD-1 (GENERAL
COMMERCIAL, INTERIM TRANSIT-ORIENTED ZONING
OVERLAY DISTRICT ONE) AND R-5 RI TOD-1 (MULTIFAMILY
RESIDENCE DISTRICT, RESIDENTIAL INFILL DISTRICT,
INTERIM TRANSIT-ORIENTED ZONING OVERLAY DISTRICT
ONE) TO WU CODE T5:7 EG (WALKABLE URBAN CODE,
TRANSECT 5:7 DISTRICT, TRANSIT EASTLAKE-GARFIELD
CHARACTER AREA) AND WU CODE T5:7 EG HP (WALKABLE
URBAN CODE, TRANSECT 5:7 DISTRICT, TRANSIT EASTLAKE-
GARFIELD CHARACTER AREA, HISTORIC PRESERVATION
OVERLAY).

____________



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

follows:

SECTION 1. The zoning of a 4.72-acre site located at the southeast and

southwest corners of 13th Street and Washington Street in a portion of Section 9,

Township 1 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby

changed from 3.77 acres of “C-3 TOD-1” (General Commercial, Interim Transit-Oriented

Zoning Overlay District One) and 0.95-acres of “R-5 RI TOD-1” (Multifamily Residence

District, Residential Infill District, Interim Transit-Oriented Zoning Overlay District One)




Page 217
to 4.49 acres of “WU Code T5:7 EG” (Walkable Urban Code, Transect 5:7 District,

Transit Eastlake-Garfield Character Area) and 0.23-acres of “WU Code T5:7 EG HP”

(Walkable Urban Code, Transect 5:7 District, Transit Eastlake-Garfield Character Area,

Historic Preservation Overlay).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”

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. For any multifamily residential use, the ground floor area of the development
shall include a minimum of 10,000 square feet of non-residential uses and
shall have frontage on both the Washington Street and Jefferson Street
rights-of-way. Non-residential uses shall not include lobby, exercise,
reception areas, or other similar uses intended for exclusive use by residents.

2. If 13th Street is abandoned, public cross block pedestrian access shall be
maintained between Washington Street and Jefferson Street through either a
private drive or a paseo meeting the standards of Section 1304.H of the
Zoning Ordinance, over which a pedestrian access easement shall be
dedicated.

3. For any multifamily residential use, the following additional standards for
bicycle parking shall apply, as approved by the Planning and Development
Department.

a. All required bicycle parking, per Section 1307.H.6.d of the Phoenix
Zoning Ordinance, shall be secured parking.

b. Guest bicycle parking 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 1307.H. of the Phoenix Zoning
Ordinance.




Page 218
c. 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.

d. All bicycle infrastructure shall be shaded by a structure, landscaping or a
combination of the two to provide minimum 75% shade.

4. A minimum of 10 percent of the provided bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities, as
approved by the Planning and Development Department.

5. A minimum of 5 percent of the required on-site parking shall be EV Capable.

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

7. The 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. In the event archaeological materials are encountered during construction,




Page 219
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.

13. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.


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

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

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

of the remaining portions hereof.

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

2024.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:




Page 220
_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (5 Pages)
B – Ordinance Location Map (1 Page)




Page 221
EXHIBIT A

LEGAL DESCRIPTION FOR Z-52-23-8

Within a portion of Section 9, Township 1 North, Range 3 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:

1241 E. Washington Street, Phoenix, AZ 85034

Lot 1, 2, and the East 35 feet of Lot 3, Block 13, COLLINS ADDITION, according to
Book 1 of Maps, page 11, records of Maricopa County, Arizona.

EXCEPT that portion conveyed to the City of Phoenix, by deeds recorded at Recorder's
No. 2005-1135543 and 2005-1135545, described as follows:

A part of Lots 1 and 2 and a part of the East 35 feet of Lot 3, Block 13 of COLLINS
ADDITION to the City of Phoenix Subdivision, as recorded in Book 1 of Maps, page 11
and is located in the Northeast quarter of Section 9, Township 1 North, Range 3 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly
described as follows:

COMMENCING at the intersection of 12th Street and Washington Street;

Thence North 89° 45' 04" East, along the centerline of said Washington Street, a
distance of 505.54 feet;

Thence South 00° 14' 07" West, a distance of 50.00 feet to the POINT OF BEGINNING;

Thence North 89° 45' 04" East, a distance of 135.10 feet;

Thence South 00° 14' 56" West, a distance of 11.08 feet;

Thence North 44° 59' 50" West, a distance of 13.21 feet;

Thence South 89° 45' 04" West, a distance of 125.71 feet;

Thence North 00° 14' 07" East, a distance of 1.70 feet to the POINT OF BEGINNING.

1301 E. Washington Street, Phoenix, AZ 85034

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

Parcel No. 1:




Page 222
Lots 8, 9, 10 and 11, Block 14, Collins Addition to the City of Phoenix, according to
Book 1 of Maps, Page 11, records of Maricopa County, Arizona;

Except the South 10 feet of said Lot 8, as conveyed to the City of Phoenix, an Arizona
municipal corporation in Quit-Claim Deed recorded May 29, 1953 in Docket 1144, Page
531, records of Maricopa County, Arizona; and

Except the South 10 feet of said Lot 11, as conveyed to the City of Phoenix, an Arizona
municipal corporation in Quit-Claim Deed recorded December 9, 1958 in Docket 2682,
Page 101, records of Maricopa County, Arizona; and

Except that portion of said Lots 8, 9, 10 and 11, which was conveyed to the City of
Phoenix, an Arizona municipal corporation in Warranty Deed recorded July 18, 2005 in
Recording No. 2005-995568, records of Maricopa County, Arizona, described as
follows:

That part of Lots 7, 8, 9, 10, 11 and 12, Block 14, Collins Addition to the City of Phoenix,
according to Book 1 of Maps, Page 11, records of Maricopa County, Arizona, located
within the Northeast quarter of Section 9, Township 1 North, Range 3 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, described as follows:

Commencing at the intersection of 12th Street and Washington Street;

Thence North 89 degrees 45 minutes 04 seconds East, along the centerline of
Washington Street, 712.11 feet;

Thence South 00 degrees 14 minutes 56 seconds West, 50.00 feet to the point of
beginning; Thence North 89 degrees 45 minutes 04 seconds East, 288.08 feet;

Thence South 00 degrees 15 minutes 10 seconds West, 2.1O feet; Thence South 89
degrees 45 minutes 04 seconds West, 291.35 feet;

Thence South 45 degrees 00 minutes 10 seconds West, 12.15 feet to the beginning of a
non-tangent curve, whose 12.00 foot radius bears South 83 degrees 47 minutes 23
seconds East and is concave Southeasterly;

Thence Northeasterly, along said curve, through a central angle of 96 degrees 27
minutes 33 seconds, 17.50 feet to the point of beginning.

Parcel No. 2:

The North 137 feet of Lot 12 and the South 12 and 1/2 feet of said Lot 12, Block 14,
Collins Addition to the City of Phoenix, according to Book 1 of Maps, Page 11, records
of Maricopa County, Arizona,




Page 223
Except those portions of said Lot 12, which were conveyed to the City of Phoenix, an
Arizona municipal corporation in Quit-Claim Deed recorded May 25, 1989 in Recording
No. 1989-241257, records of Maricopa County, Arizona, described as Parcels A and B,
described as follows:

Parcel A:

The South 10 feet of said Lot 12.

Parcel B:

That part of said Lot 12, which is bounded on the North by the North line of said Lot 12
and is bounded on the West by the West line of said Lot 12 and is bounded on the
Southeast by the arc of a circular curve, Concave Southeasterly, having a radius of 12
feet and which is tangent to said North line and to said West line; and

Except that portion of said Lot 12, which was conveyed to the City of Phoenix, an
Arizona municipal corporation in Warranty Deed recorded July 18, 2005 in Recording
No. 2005-995568, records of Maricopa County, Arizona, described as follows:

That part of Lots 7, 8, 9, 10, 11 and 12, Block 14, Collins Addition to the City of Phoenix,
according to Book 1 of Maps, Page 11, records of Maricopa County, Arizona, located
within the Northeast quarter of Section 9, Township 1 North, Range 3 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, described as follows:

Commencing at the Intersection of 12th Street and Washington Street;

Thence North 89 degrees 45 minutes 04 seconds East, along the centerline of
Washington Street, 712.11 feet; Thence South 00 degrees 14 minutes 56 seconds
West, 50.00 feet to the point of beginning;

Thence North 89 degrees 45 minutes 04 seconds East, 288.08 feet;

Thence South 00 degrees 15 minutes 10 seconds West, 2.10 feet;

Thence South 89 degrees 45 minutes 04 seconds West, 291.35 feet;

Thence South 45 degrees 00 minutes 10 seconds West, 12.15 feet to the beginning of a
non-tangent curve, whose 12.00 foot radius bears South 83 degrees 47u ·O: r:n?'3
seconds East and is concave Southeasterly;

Thence Northeasterly, along said curve, through a central angle of 96 degrees 27
minutes 33 seconds, 17.50 feet to the point of beginning.

1230 E. Jefferson Street, Phoenix, AZ 85034




Page 224
Lot 20, Block 13, COLLINS ADDITION, according to Book 1 of Maps, page 11, records
of Maricopa County, Arizona


1234 E. Jefferson Street, Phoenix, AZ 85034

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

Lot 21, Block 13, of COLLINS ADDITION, an Addition to the City of Phoenix, according
to the plat of record in the office of the County Recorder of Maricopa County, Arizona,
recorded in Book 1 of Maps, page 11.

EXCEPT that portion as condemned by the City of Phoenix, a municipal corporation, by
Final Order of Condemnation recorded in Document No. 2007-0175635, described as
follows:

A part of Lot 21, Block 13, of COLLINS ADDITION to the City of Phoenix Subdivision,
as recorded in Book 1 of Maps, page 11 and located in the Northeast quarter (NE 1/4)
of Section 9, Township 1 North, Range 3 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona, more particularly described as follows:

COMMENCING at the intersection of 12th Street and Jefferson Street;
Thence North 89 degrees 45 minutes 09 seconds East, along the centerline of Jefferson
Street, a distance of 440.05 feet;
Thence North 00 degrees 13 minutes 19 seconds East, a distance of 50.00 feet to the
POINT OF BEGINNING;
Thence continuing North 00 degrees 13 minutes 19 seconds East, a distance of 8.50
feet;
Thence North 89 degrees 45 minutes 09 seconds West, a distance of 50.01 feet;
Thence South 00 degrees 13 minutes 43 seconds West, a distance of 8.50 feet;
Thence South 89 degrees 45 minutes 09 seconds West, a distance of 50.01 feet to the
POINT OF BEGINNING.

1238 E. Jefferson Street, Phoenix, AZ 85034

Lot 22, Block 13, COLLINS ADDITION, according to book of maps page 11 records of
Maricopa County, Arizona

1242-1246 E. Jefferson Street, Phoenix, AZ 85034

A part of Lot 23 and 24, Block 13 of COLLINS ADDITION to the City of Phoenix
subdivision, as recorded in Book 1 Maps, Page 11 and is located in the northeast
Quarter (NE1/4) of Section 9, Township 1 North, Range 3 East of the Gila and Salt
River Base Meridian, Maricopa County, Arizona




Page 225
1229 E. Washington Street, Phoenix, AZ 85034

Lot 5, Block 13, COLLINS ADDITION, according to Book 1 of Maps, page 11, records of
Maricopa County Arizona

1233-1237 E. Washington Street, Phoenix, AZ 85034

Lot 3 and 4, Block 13, COLLINS ADDITION, according to Book 1 of Maps, page 11,
records of Maricopa County, Arizona

1310 E. Jefferson Street, Phoenix, AZ 85034

LOT 1 FINAL PLAT FOR "ROJO LOFTS," ACCORDING TO BOOK 842 OF MAPS
PAGE 39, RECORDS OF MARICOPA COUNTY, ARIZONA

1321 E. Washington Street, Phoenix, AZ 85034 (WU Code T5:7 EG HP)

Lot 7, Block 14, COLLINS ADDITION, according to Book 1 of Maps, page 11, records of
Maricopa County, Arizona




Page 226
Page 227



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Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-53-23-8 -
Approximately 235 Feet North of the Northeast Corner of 36th Street and
McDowell Road (Ordinance G-7211)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-6 (Single-Family Residence District) to R-4 (Multifamily Residence District) to allow
multifamily residential.

Summary
Current Zoning: R1-6
Proposed Zoning: R-4
Acreage: 0.76
Proposal: Multifamily residential

Owner: Edge Development, LLC
Applicant/Representative: Jason Morris, Withey Morris Baugh, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on Nov.
14, 2023, and recommended approval, per the staff recommendation, by a vote of 14-
0.
PC Action: The Planning Commission heard this case on Dec. 7, 2023, and
recommended approval, per the Camelback East Village Planning Committee
recommendation, by a vote of 5-0.

Location
Approximately 235 feet north of the northeast corner of 36th Street and McDowell
Road
Council District: 8
Parcel Address: 1633 N. 36th St.

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


Page 228
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-53-23-8) FROM R1-6 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO R-4 (MULTIFAMILY RESIDENCE
DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 0.76 acre site located approximately 235 feet

north of the northeast corner of 36th Street and McDowell Road in a portion of Section

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

hereby changed from “R1-6” (Single-Family Residence District) to “R-4” (Multifamily

Residence District).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”

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

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




Page 229
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 November 2, 2023, as modified by the following stipulations and as
approved by the Planning and Development Department.

2. The development shall be in general conformance with the elevations date
stamped October 27, 2023, as approved by the Planning and Development
Department.

3. The primary entry/exit drive into the development shall incorporate decorative
pavers, stamped or colored concrete, or similar alternative material, as
approved by the Planning and Development Department.

4. Traffic calming measures shall be provided at all site entries and exits to slow
down vehicular speeds as they approach sidewalks, as approved by the
Planning and Development Department.

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

6. All pedestrian pathways, including sidewalks, shall be shaded by a structure,
landscaping, or a combination of the two to provide a minimum of 75% shade,
as approved by the Planning and Development Department.

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

a. Secured bicycle parking shall be provided at a minimum rate of 0.25
spaces per unit, up to a maximum of 50 spaces.

b. Guest bicycle parking shall be provided at a minimum rate of 0.05
spaces per unit, up to a maximum of 50 spaces.

c. Non-secured bicycle parking spaces shall be provided through Inverted
U and/or artistic racks located near the community center and/or
clubhouse and open space areas and installed per the requirements of
Section 1307.H. of the Phoenix Zoning Ordinance. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.

d. A minimum of 10% of the required bicycle parking spaces shall include




Page 230
standard electrical receptacles for electric bicycle charging capabilities.

e. A bicycle repair station (“fix it station”) shall be provided and maintained
on site within an amenity area or near a primary site entrance. The
bicycle repair station (“fix it station”) shall be provided in an area of high
visibility and separated from vehicular maneuvering areas, where
applicable. The repair station shall include, but not be limited to standard
repair tools affixed to the station, a tire gauge and pump affixed to the
base of the station or the ground, and a bicycle repair stand which
allows pedals and wheels to spin freely while making adjustments to the
bike.

f. All bicycle infrastructure shall be shaded by a structure, landscaping, or
a combination of the two to provide minimum 75% shade.

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

9. All required landscape setbacks shall be planted with minimum 2-inch caliper,
large canopy, drought-tolerant, shade trees, planted 20 feet on center or in
equivalent groupings, as approved by the Planning and Development
Department.

10. A minimum of 10% of the required parking spaces shall include Electric
Vehicle (EV) Installed infrastructure, as approved by the Planning and
Development Department.

11. A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.

12. A minimum of 40 feet of right-of-way shall be dedicated for the east side of
36th Street, adjacent to the development, as approved by the Planning and
Development Department.

13. A minimum 5-foot-wide detached sidewalk separated by a minimum 10-foot-
wide landscape strip located between the back of curb and sidewalk shall be
constructed along the east side of 36th Street, adjacent to the development,
and planted to the following standards, as approved by the Planning and
Development Department.

a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant




Page 231
shade trees planted 20 feet on center or in equivalent groupings.

b. Drought-tolerant shrubs, accents, and vegetative groundcovers with a
maximum mature height of two feet to achieve a minimum of 75% live
coverage at maturity.

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

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

15. The property owner shall record documents that disclose the existence and
operational characteristics of Phoenix Sky Harbor International Airport (PHX)
to future owners or tenants of the property. The form and content of such
documents shall be according to the templates and instructions provided
which have been reviewed and approved by the City Attorney.

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

17. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder’s Office and delivered to the City to be included in
the rezoning application file for record.

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

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

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

of the remaining portions hereof.

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

2024.




Page 232
________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 233
EXHIBIT A

LEGAL DESCRIPTION

ASSESSOR’S PARCEL NUMBER: 120-12-064A

ADDRESS: 1633 NORTH 36TH STREET, PHOENIX, AZ 85008

THAT PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 2
NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE WEST LINE OF THE SAID QUARTER SECTION A
DISTANCE OF 503.00 FEET

NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE EAST 147.05 FEET;

THENCE SOUTH 225.00 FEET;

THENCE WEST 146.87 FEET TO THE WEST LINE OF SAID SOUTHEAST
QUARTER;

THENCE NORTH 225.00 FEET TO THE PLACE OF BEGINNING.

EXCEPT THE WEST 16.5 FEET THEREOF.




Page 234
Page 235



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Item text
Public Hearing and Resolution Adoption - General Plan Amendment GPA-PV-1-
22-2 - Southeast Corner of Kierland Boulevard and Marilyn Road (Resolution
22180)

Request to hold a public hearing on a General Plan Amendment for the following item
to consider the Planning Commission's recommendation and the related resolution if
approved. Request to amend the General Plan Land Use Map designation on 7.81
acres from Industrial to Mixed Use (Commercial / Residential 15+ dwelling units per
acre). This is a companion case to Z-14-A-20-2 and must be heard first, followed by Z-
14-A-20-2.

Summary
Application: GPA-PV-1-22-2
Current Designation: Industrial
Proposed Designation: Mixed Use (Commercial / Residential 15+ dwelling units per
acre)
Acreage: 7.81
Proposed Use: Minor General Plan Amendment to allow mixed-use commercial and
multifamily residential

Owner: Kierland Sky, LLC
Applicant/Representative: Larry S. Lazarus, Lazarus & Silvyn, P.C.

Staff Recommendation: Approval.
VPC Information Only: The Paradise Valley Village Planning Committee heard this
case on Oct. 2, 2023, for information only.
VPC Action: The Paradise Valley Village Planning Committee heard this case on Nov.
6, 2023, and recommended approval, by a vote of 13-0.
PC Action: The Planning Commission heard this case on Dec. 7, 2023, and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation, by a vote of 5-0.

Location
Southeast corner of Kierland Boulevard and Marilyn Road
Council District: 2


Page 236

Parcel Addresses: 14631 and 14635 N. Kierland Blvd.

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




Page 237
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-1-22-2,
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 21307, is hereby amended by adopting GPA-PV-1-22-2. The 7.81 acres

located at the southeast corner of Kierland Boulevard and Marilyn Road is designated

as Mixed Use (Commercial / Residential 15+ du/ac).

SECTON 2. The Planning and Development Director is instructed to

modify the 2015 Phoenix General Plan to reflect this land use classification change as

shown below:




Page 238
PASSED by the Council of the City of Phoenix this 3rd day of January,

2024.



MAYOR




ATTEST:


____________________________
Denise Archibald, City Clerk




Page 239
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney



By:___________________________
___________________________



REVIEWED BY:


______________________________
Jeffrey Barton, City Manager




Page 240
ATTACHMENT B




GENERAL PLAN AMENDMENT
STAFF ANALYSIS
October 24, 2023

Application: GPA-PV-1-22-2

Applicant/Representative: Larry S. Lazarus, Lazarus & Silvyn, P.C.

Owner: Kierland Sky, LLC

Location: Southeast corner of Kierland Boulevard and Marilyn
Road

Acreage: 7.81 acres

Current Plan Designation: Industrial

Requested Plan Designation: Mixed Use (Commercial / Residential 15+ dwelling
units per acre)

Reason for Requested Change: Minor General Plan Amendment to allow mixed-use
commercial and multifamily residential
Paradise Valley Village Planning
Committee Date: November 6, 2023

Staff Recommendation: Approval

FINDINGS:

1) The companion rezoning case, Z-14-A-20-2, proposes development that is
consistent in scale and character with approved land uses in the surrounding
area to the north, east and west.

2) The Mixed Use (Commercial / Residential 15+ dwelling units per acre) land use
designation is appropriate within the designated Desert Ridge/Kierland Major
Employment Center.

3) The proposed land use designation provides consistency with the land use
pattern of property in the immediate area, while allowing for the introduction of
new uses that will complement the existing employment and commercial uses in
the area.




Page 241
Staff Analysis
GPA-PV-1-22-2
Page 2

BACKGROUND

The subject site is located at the southeast corner of Kierland Boulevard and Marilyn
Road. The site is occupied by a commercial office building and surface parking areas.
The current building is located along the street frontages, adjacent to Marilyn Road and
Kierland Boulevard, while surface parking is centrally located. The companion Rezoning
Case No. Z-14-A-20-2 is a request for a Major PUD Amendment to allow commercial
and multifamily residential.

Currently the site has a General Plan Land Use Map designation of Industrial. The
requested General Plan Land Use Map designation of Mixed Use (Commercial /
Residential 15+ dwelling units per acre) will allow for additional housing choices and
commercial uses in the area. Recent development patterns suggest that there is a
growing demand for housing choices and commercial plus employment uses in the
Kierland area. The proposed General Plan Land Use Map change will allow for the
continuation of these development trends across the greater Kierland area.

The requested Mixed-Use designation will allow commercial and residential land uses to
locate on the site in compliance with the companion PUD's development standards.
Maps of the existing and proposed General Plan Land Use Map designations can be
found attached to this report.

EXISTING CONDITIONS AND SURROUNDING LAND USES

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 (across Mixed-Use (Commercial / Vacant (approved PUD
Marilyn Road) Commerce Park / multifamily residential)
Residential 15+ dwelling
units per acre)
South Industrial Commercial office CP/GCP PCD
Southeast Industrial Commercial office CP/GCP PCD
(across 71st
Street)
East Mixed-Use (Commercial / Commercial office PUD
Commerce Park / (proposed multifamily
Residential 15+ dwelling residential)
units per acre)
West (across Mixed Use (Commercial / Commercial office PUD and
Kierland 15+ dwelling units per (proposed multifamily CP/GCP PCD
Boulevard) acre) and Industrial residential) and
commercial office

The site is also approximately 0.2 miles west of Scottsdale Road and lies within the



Page 242
Staff Analysis
GPA-PV-1-22-2
Page 3

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 and
commercial uses built around the Desert Ridge/Kierland Major Employment Center.

RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES

• 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.

This request and the concurrent Kierland Sky PUD Amendment promotes
redevelopment of the site by allowing for an increase in intensity at a scale
compatible with surrounding properties and the Kierland area. The development
is located in a mixed-use corridor where nearby properties are approved for
multifamily residential 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 AND NEIGHBORHOODS CORE
VALUE; DIVERSE NEIGHBORHOODS; LAND USE PRINCIPLE: Include a
mix of housing types and densities where appropriate within each village
that support a broad range of lifestyles.

The proposed General Plan Land Use Map amendment will further diversify the
existing land use map designations in this part of the City by allowing multifamily
and commercial uses in a major employment center. This will help to provide
diverse housing opportunities in this area to both current and future residents.

• CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY AND CHARACTER; DESIGN PRINCIPLE: Create new
development or redevelopment that is sensitive to the scale and character
of the surrounding neighborhoods and incorporates adequate development
standards to prevent negative impact(s) on the residential properties.

The companion PUD narrative incorporates standards that are 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 nearby properties are
approved for multifamily residential or commercial. Additionally, the PUD
incorporates a step down in height adjacent to Kierland Boulevard to be sensitive
to the scale and character of nearby single-family residential properties to the
southwest.




Page 243
Staff Analysis
GPA-PV-1-22-2
Page 4

CONCLUSION AND RECOMMENDATION

Staff recommends approval of GPA-PV-1-22-2 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. This proposed Minor General Plan Amendment request is
consistent with surrounding land uses and General Plan Land Use Map designations in
the general area.

Writer
Adrian Zambrano
October 24, 2023

Exhibits
Sketch Map (Colored)
Sketch Map (Black and White)




Page 244
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-1-22-2 ACRES: 7.81 +/- REVISION DATE:
VILLAGE: Paradise Valley COUNCIL DISTRICT: 2 9/12/2023
APPLICANT: Larry S. Lazarus
EXISTING:
Industrial ( 7.81 +/- Acres)




KIERLAND BLVD
Proposed Change Area
Residential 3.5 to 5 du/ac
Residential 15+ du/ac
Commercial
Industrial MARILYN RD
Parks/Open Space - Privately
Owned
Mixed Use (Commercial / 15+
du/ac)
Mixed Use (Commercial /
Commerce Park)
Mixed Use (Commercial /
Commerce Park / Residential
15+ du/ac)




PROPOSED CHANGE:
Mixed Use (Commercial /
Residential 15+ du/ac) ( 7.81 +/- Acres)




KIERLAND BLVD
Proposed Change Area
Mixed Use (Commercial /
Residential 15+ du/ac)
MARILYN RD




Page 245
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-1-22-2 ACRES: 7.81 +/- REVISION DATE:
VILLAGE: Paradise Valley COUNCIL DISTRICT: 2 9/12/2023
APPLICANT: Larry S. Lazarus
EXISTING:
Industrial ( 7.81 +/- Acres)




KIERLAND BLVD
Proposed Change
Residential 3.5 to 5 du/acre
Residential 15+ du/acre
Commercial
MARILYN RD
Industrial
E E E E E Parks/Open Space - Privately
Owned
E E E E E
E E E E E

Mixed Use (Commercial /
Residential 15+ du/ac)
Mixed Use (Commercial /
Commerce / Business Park)
Mixed Use (Commercial
Commerce Park / Residential
15+ du/ac




PROPOSED CHANGE:
Mixed Use (Commercial /
Residential 15+ du/ac) ( 7.81 +/- Acres)



Proposed Change Area KIERLAND BLVD
Mixed Use (Commercial /
Residential 15+ du/ac) MARILYN RD




Page 246
ATTACHMENT C




Village Planning Committee Meeting Summary
GPA-PV-1-22-2
INFORMATION ONLY

Date of VPC Meeting October 2, 2023
Request From Industrial
Request To Mixed Use (Commercial / Residential 15+ dwelling
units per acre)
Proposal Mixed use commercial and multifamily residential
Location Southeast corner of Kierland Boulevard and Marilyn
Road


VPC DISCUSSION:

Cases GPA-PV-1-22-2 and Z-14-A-20-2 are companion cases and were heard together.

No members of the public registered to speak in support or in opposition to this item.

Applicant Presentation:
Larry Lazarus, with Lazarus & Silvyn, P.C., introduced himself and provided an
overview on the project. Mr. Lazarus stated that the PUD was approved for an office
development a few years ago. Mr. Lazarus explained that this request, if approved,
would allow a residential use rather than an office use, noting that the parking would be
located underground rather than in a parking structure, and that the amount of open
space would be increased. Mr. Lazarus summarized the surrounding land uses and
adjacent PUDs approved for residential developments. Mr. Lazarus then summarized
community outreach, noting that they agreed to suggestions made by the community,
including traffic mitigation measures, a reduction in building height, additional public
open space, and a dog park. Mr. Lazarus shared a comparison between the approved
PUD and the proposed PUD site plan, development standards, elevations, and
perspective views from nearby residential, noting that the building configuration will
remain the same, open space is increased, required parking is reduced, and building
height is reduced. Mr. Lazarus then shared the proposed phasing plan, open space
plan, landscape plan, and circulation plan.

Questions from the Committee and Discussion:
Toby Gerst asked about the proposed parking requirements for guests. Mr. Lazarus
responded that there would be guest parking at the grade level. Ms. Gerst asked where
the trash pickup would be located. Mr. Lazarus responded that it would be located on
the east side of the property along the service drive.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 247
Paradise Valley Village Planning Committee
Meeting Summary
GPA-PV-1-22-2

Marc Soronson asked for clarification if the first phase is for an office building. Mr.
Lazarus responded that it would all be residential. Mr. Soronson asked if the units will
be rentals or condominiums. Mr. Lazarus responded that they will all be condominiums.
Mr. Soronson asked what the schedule of the project would look like once the zoning is
approved. Mr. Lazarus responded that their intent is to move as quickly as possible. Mr.
Lazarus added that it would likely take about a year to obtain permits and a year to 18
months to build the first phase, and depending on how fast the first phase sells, they will
then move directly to the second phase. Mr. Lazarus noted that the intent would be to
move to the second phase even if the first phase is still being built. Mr. Soronson
asked if the amenities in the first phase would be independent to that phase and
similarly for the second phase. Mr. Lazarus responded that the focal garden would be
built in the first phase, and the second phase would include the “Zen Corridor”, the
residential courtyard, the “Open Garden Space”, and the dog park. Mr. Soronson
asked if the perspective views from nearby residential are of the second phase. Mr.
Lazarus responded that the building on the left side of the perspective view is part of
the first phase and the building on the right side is the second phase. Mr. Soronson
asked if the buildings would be constructed of wood or concrete. Mr. Lazarus
responded that they would be constructed of concrete.

Jennifer Hall asked what triggered the change from office to residential. Mr. Lazarus
responded that it is partially because of the pandemic, noting that financing office space
has become more difficult. Mr. Lazarus added that the proposed product would be very
different than the typical product that is seen, due to the amount of open space and
amenities provided, and the garden concept that comes from Japanese gardens that
the developer has seen in Japan. Mr. Lazarus acknowledged that water is an issue and
that the development will be regenerating their own water. Ms. Hall asked if some
community workspaces would be included. Mr. Lazarus responded that the main floor
would include an open workspace.

Anna Sepic recommended that the floor to ceiling heights within the units be a
minimum of 15 feet for added luxury, referencing a project in Downtown Phoenix called
X Phoenix, that had studio units with 15-foot clear ceilings. Mr. Lazarus responded that
there will be pushback when adding an additional story to the building, but they can take
a look at it. Ms. Sepic responded that even if one floor has ultra-high ceilings, it will
make a difference. Mr. Lazarus stated that there will be a penthouse on the top floor.

Alan Sparks asked if this area is covered by the Kierland Master Association. Mr.
Lazarus responded affirmatively, noting that they did not have to make any
amendments to the Covenants, Conditions and Restrictions (CC&Rs) for this case.

Ms. Gerst asked if the development will have a greywater system. Mr. Lazarus
responded affirmatively, noting the importance of water conservation and reuse.

Chair Popovic asked if the applicant has met with Councilman Waring yet. Mr.
Lazarus responded affirmatively, noting that he was supportive of converting the
development from office to residential and he asked how the Kierland Community
Alliance (KCA) reacted to the proposal. Mr. Lazarus added that he was planning to wait

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 248
Paradise Valley Village Planning Committee
Meeting Summary
GPA-PV-1-22-2

until after it passes the VPC to follow up with Councilman Waring since his next
question would be how the VPC reacted to the proposal. Chair Popovic asked how the
KCA reacted to the proposal. Mr. Lazarus responded that they were pleased with the
office proposal and are even more pleased with this proposal because of the open
space being provided.

Regina Schmidt asked who would maintain the public dog park and how it would be
policed. Mr. Lazarus responded that it would be maintained by the community
association. Mr. Lazarus added that it is not a very large dog park. Ms. Schmidt asked
if the PUD to the north was done by the same law firm as this proposal. Mr. Lazarus
responded that it was not. Ms. Schmidt stated that she remembers there was pushback
on the building height or density for the PUD to the north. Mr. Lazarus responded that
he is not familiar with that PUD but that there is always pushback on height in the
Kierland area.

Mr. Soronson complimented the design of the project and complimented the
development as being owner-occupied, noting the lack of owner-occupied dwelling units
in the area.

Mr. Hoffman asked if there is an estimated price point per unit. Mr. Lazarus responded
that there is not at this point, noting that they are still a few years away to have that
information.

Ms. Hall asked when this request will be brought back to the Committee for a vote. Mr.
Lazarus responded that it will be coming back next month.

Mr. Soronson asked what additional detail there will be next month. Mr. Lazarus
responded that the information would mostly be the same.

Vice Chair Anita Mortensen asked if any of the units will have balconies. Mr. Lazarus
responded that they will. Mr. Lazarus added that the balconies were the reason the
buildings are setback so far from Kierland Boulevard and why so much open space and
landscaping is being provided. Mr. Lazarus stated that there will be no outdoor live
music, and any background music outdoors will be limited to 55 decibels at the property
line. Mr. Lazarus added that there will be no amenities on the rooftop of the building
closest to Kierland Boulevard.

Ms. Hall asked what the rooftop amenities would consist of. Mr. Lazarus responded
that Building 1 and Building 3 would have a rooftop pool, barbeque areas, and
shuffleboard areas.

Public Comments:
None.

Applicant Response:
None.


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 249
ATTACHMENT D




Village Planning Committee Meeting Summary
GPA-PV-1-22-2



Date of VPC Meeting November 6, 2023
Request From Industrial (7.81 acres)
Request To Mixed Use (Commercial / Residential 15+ du/ac) (7.81
acres)
Proposal Minor General Plan Amendment to allow mixed use
commercial and multifamily residential
Location Southeast corner of Kierland Boulevard and Marilyn
Road
VPC Recommendation Approval per staff recommendation
VPC Vote 13-0


VPC DISCUSSION:

Cases GPA-PV-1-22-2 and Z-14-A-20-2 are companion cases and were heard
concurrently.

No members of the public registered to speak in support or in opposition to this item.

Staff Presentation:
Adrian Zambrano, staff, provided an overview of General Plan Amendment case GPA-
PV-1-22-2, describing the location, request, surrounding land uses and existing
conditions. Mr. Zambrano shared that the site is located within the Desert Ridge and
Kierland Major Employment Center. Mr. Zambrano noted that staff received one letter in
support of the project. Mr. Zambrano concluded by sharing the staff findings and
recommendation of approval.

Applicant Presentation:
Larry Lazarus, representative with Lazarus & Silvyn, P.C., introduced himself and his
team. Mr. Lazarus stated that they have spent a significant amount of time working with
the community, noting that a letter of support from the Kierland Community Alliance
(KCA) was provided. Mr. Lazarus summarized changes made to the project through
collaboration with the community. Mr. Lazarus added that funding will be provided to the
Street Transportation Department for traffic mitigation measures within one mile of the
site. Mr. Lazarus stated that the project would consist of two phases, with the north
building being constructed first, and the two buildings on the south being constructed

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 250
Paradise Valley Village Planning Committee
Meeting Summary
GPA-PV-1-22-2

second. Mr. Lazarus stated that all parking will be located underground, except some
spaces on the grade level for potential retail. Mr. Lazarus noted that the buildings are
set back from Kierland Boulevard. Mr. Lazarus added that the driveways were designed
to direct traffic away from the neighborhood to the southwest and that the anticipated
traffic is less than the previous office proposal.

Questions from the Committee:
Diane Petersen asked if outdoor live music is prohibited on rooftops. Mr. Lazarus
responded that outdoor live music would be prohibited everywhere on the site. Mr.
Lazarus added that any other outdoor music would only be allowed a maximum noise
level of 55 decibels. Ms. Petersen stated that the KCA contracted an independent
traffic engineering firm to study the traffic in the area and the study found that 43
percent of the traffic in the neighborhood is cut-through traffic, which does not include
any proposed developments that have not been constructed yet. Ms. Petersen
expressed concerns with traffic and appreciated the applicant’s efforts to help mitigate
traffic in the neighborhood. Ms. Petersen added that only 25 percent of vehicles adhere
to the stop signs located at 68th Street and Hearn Road and 69th Street and Hearn
Road, while the others speed through the stop signs. Ms. Petersen stated that traffic is
a very important issue to the residents to the south and to the KCA. Mr. Lazarus
responded that one of the traffic mitigation provisions is for a High Intensity Activated
Crosswalk (HAWK) signal at the intersection of Kierland Boulevard and Acoma Drive
and getting traffic to move north and east of the site as much as possible. Mr. Lazarus
stated that the traffic mitigation agreement is recorded and would involve working with
the KCA to determine how the money is used once their independent traffic study is
completed.

Chair Popovic asked how many levels of underground parking are proposed. Calvin
Cangco, representative with Shepley Bulfinch Architects, responded that it would be
two levels of underground parking.

Mr. Lazarus stated that this proposed development is very different than what is usually
seen, noting that it would be constructed of concrete, that the parking would be
underground, and that the units would be condominiums.

Karen DeMoss asked who would decide if there would be a traffic signal located at the
intersection of Acoma Drive and Kierland Boulevard. Mr. Lazarus responded that they
will be working with the KCA, and the City of Phoenix Street Transportation Department,
and they will provide the funding for it to be installed when both organizations feel it is
appropriate.

Public Comments:
Brandon Finnie introduced himself as a resident west of the proposed development
and asked how much retail is proposed and what the expected uses are for retail.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 251
Paradise Valley Village Planning Committee
Meeting Summary
GPA-PV-1-22-2

Applicant Response:
Mr. Lazarus responded that there would be flexible ground-level spaces that could be
used for retail, noting that one idea was for there to be ground-level workspaces as an
amenity for residents, rather than retail.

Mr. Cangco stated that all the spaces would face the focal garden, including around
9,000 square feet in Building 1, around 4,000 square feet in Building 2, and around
3,000 square feet in Building 3.

Discussion:
Ms. Petersen asked if the parking for retail uses would be underground. Mr. Lazarus
responded affirmatively, noting that there is some parking as well on the grade level.

Chair Popovic asked if the majority of the parking would be underground. Mr. Lazarus
responded affirmatively.

Ms. Petersen asked if the underground parking would be restricted to residents. Mr.
Lazarus responded that it would mostly be restricted to residents, and there may be
some common parking areas underground as well. Ms. Petersen asked for clarification
where a customer for a retail use would park. Mr. Lazarus responded that they would
park on the grade level and that there may be an opportunity for some retail parking
underground on the first level.

Mr. Cangco stated that the majority of the street parking is along the drives.

Ana Bustamante asked for clarification where customers would park if there were
retail. Mr. Lazarus responded that there would be parking on the interior streets of the
development.

Ms. Petersen stated that the KCA was concerned about a lack of electric vehicle (EV)
charging stations. Mr. Lazarus responded there is a requirement for a minimum of 10
percent of the required parking spaces to include EV chargers.

Mr. Finnie asked for clarification that the retail spaces would be mainly for residents
rather than restaurants or shopping for the community. Mr. Lazarus responded that
there could be a small coffee shop. Mr. Lazarus added that the Kierland Master
Association (KMA) did not want any large retail or national branded retail around this
area. Mr. Finnie asked for clarification that all the units would be condominiums for sale
and would not be rentals. Mr. Lazarus responded affirmatively.

MOTION – GPA-PV-1-22-2
Daniel Mazza motioned to recommend approval of GPA-PV-1-22-2, per the staff
recommendation. Mr. Goodhue seconded the motion.

VOTE – GPA-PV-1-22-2
13-0; motion to recommend approval of GPA-PV-1-22-2 per the staff recommendation
passes with Committee members Balderrama, Bustamante, DeMoss, Goodhue,

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 252
Paradise Valley Village Planning Committee
Meeting Summary
GPA-PV-1-22-2

Gubser, Hoffman, Mazza, Petersen, Schmidt, Sparks, Wise, Mortensen, and Popovic in
favor.

STAFF COMMENTS REGARDING VPC RECOMMENDATION:

None.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 253
ATTACHMENT E

REPORT OF PLANNING COMMISSION ACTION
December 7, 2023

ITEM NO: 3
DISTRICT NO.: 2
SUBJECT:

Application #: GPA-PV-1-22-2 (Companion Case Z-14-A-20-2)
Location: Southeast corner of Kierland Boulevard and Marilyn Road
From: Industrial
To: Mixed Use (Commercial / Residential 15+ du/ac)
Acreage: 7.81
Proposal: Minor General Plan Amendment to allow mixed use commercial and
multifamily residential
Applicant: Larry S. Lazarus, Lazarus & Silvyn, P.C.
Owner: Kierland Sky, LLC
Representative: Larry S. Lazarus, Lazarus & Silvyn, P.C.

ACTIONS:

Staff Recommendation: Approval.

Village Planning Committee (VPC) Recommendation:
Paradise Valley 10/2/2023 Information only.
Paradise Valley 11/6/2023 Approval, per the staff recommendation. Vote: 13-0.

Planning Commission Recommendation: Approval, per the Paradise Valley Village Planning
Committee recommendation.

Motion Discussion: N/A

Motion details: Commissioner Jaramillo made a MOTION to approve GPA-PV-1-22-2, per the
Paradise Valley Village Planning Committee recommendation.

Maker: Jaramillo
Second: Perez
Vote: 5-0
Absent: Gaynor and Gorraiz
Opposition Present: No

Findings:

1. The companion rezoning case, Z-14-A-20-2, proposes development that is consistent in
scale and character with approved land uses in the surrounding area to the north, east
and west.

2. The Mixed Use (Commercial / Residential 15+ dwelling units per acre) land use
designation is appropriate within the designated Desert Ridge/Kierland Major
Employment Center.

3. The proposed land use designation provides consistency with the land use pattern of
property in the immediate area, while allowing for the introduction of new uses that will
complement the existing employment and commercial uses in the area.


Page 254
This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.




Page 255
ATTACHMENT D




Kierland Community Alliance
P.O.Box 31163
Phoenix, AZ 85046




November 6, 2023




Chairperson and Committee Members
of the Paradise Valley Village Planning Committee

RE: Kierland Sky LLC, Case # Z-14-A-20


Dear Sir or Madam,


We write you today in support of the above noted amended case which is pending your review.
As you know, we are a community association which works with property developers in the
Kierland area. Our purpose is to inform them of community concerns, precedents, and particular
situations their projects might impact.
We have been working with Kierland Sky LLC for a few years now on the original project,
which was approved, and on this amended version now before your committee, and which we
believe is an improved version.
In brief, we wish to recommend approval of the proposal as we believe it includes many
improvements which will be more beneficial to the neighborhood and mitigate the impact of
developing the property.
First, is the conversion from commercial use to residential condominiums. This is welcomed as it
will bring more owners vs. renters into the neighborhood and help balance out, to some degree,
the large increase in rental units we have seen occur over the past few years.
Second, is lowered building heights on some buildings, elimination of a parking structure, and
only a slight increase, from 56 to 58 feet, on the building closest to the nearby single family
homes. Another improvement is the conversion from above ground parking to underground
parking.
Third, is the architecture, building façade treatments, and particularly, the landscape plan
surrounding the buildings and on the roof tops. These will all increase the visual appeal of the




Page 256
project making it more pleasing to the eye. This will help the property fit nicely into the
neighborhood and create visual interest consistent with other parts of the Kierland area.
We would also like to mention that the developer has worked to mitigate the impact of traffic on
the neighborhood, by routing it away from single family homes and by managing access points,
not allowing traffic to exit left onto Kierland Boulevard. The developer has also committed to
establishing a fund to help with the mitigation of traffic in the neighborhood to the south and
south west of the development, which is very much appreciated.
We do, however, have some concerns. We mention these so that hopefully, they can be addressed
by adding stipulations when approving the amended plan. These are easily manageable in our
opinion.
The rooftop amenity area could become a noise nuisance for neighbors if not managed properly.
Therefore, we propose that there be a stipulation prohibiting live music on the rooftop, and
setting a limit to noise on the rooftop not to exceed 55 db.
Finally, we recommend adequate power and EV chargers to distribute this power to resident
parking spaces, as current legislative and market trends seem to point to many more electric
vehicles soon, as well as longer term.
We have enjoyed working with the Akiba family as well as Mr. Larry Lazarus to help bring to the
Kierland area a project we believe worthy of the neighborhood, and sensitive to the needs of the
people who reside here.


Yours truly, on behalf of the Board of the Kierland Community Alliance,




Amy Satterfield,
Chairperson
Kierland Community Alliance


cc: Adrian G Zambrano, Village Planner
Larry Lazarus, Lazarus & Silvyn, P.C.




Page 257



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Ordinance Adoption - Rezoning Application Z-14-A-20-2
(Kierland Sky PUD) - Southeast Corner of Kierland Boulevard and Marilyn Road
(Ordinance G-7215)

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-14-A-
20-2 and rezone the site from PUD (Planned Unit Development) to PUD (Planned Unit
Development) for a Major PUD Amendment to the Kierland Sky PUD to allow
commercial and multifamily residential. This is a companion case to GPA-PV-1-22-2
and must be heard following GPA-PV-1-22-2.

Summary
Current Zoning: PUD
Proposed Zoning: PUD
Acreage: 7.81
Proposal: Major PUD Amendment to allow commercial and multifamily residential

Owner: Ted Akiba, Kierland Sky, LLC
Applicant/Representative: Larry Lazarus, Lazarus & Silvyn, P.C.

Staff Recommendation: Approval, subject to stipulations.
VPC Information Only: The Paradise Valley Village Planning Committee heard this
case on Oct. 2, 2023, for information only.
VPC Action: The Paradise Valley Village Planning Committee heard this case on Nov.
6, 2023, and recommended approval, per the staff recommendation, by a vote of 13-0.
PC Action: The Planning Commission heard this case on Dec. 7, 2023, and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation, by a vote of 5-0.

Location
Southeast corner of Kierland Boulevard and Marilyn Road
Council District: 2
Parcel Address: 14631 and 14635 N. Kierland Blvd.




Page 258

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




Page 259
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-14-A-20-2) FROM PUD (PLANNED UNIT
DEVELOPMENT) TO PUD (PLANNED UNIT DEVELOPMENT).

____________



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

follows:

SECTION 1. The zoning of a 7.81-acre site located on the southeast

corner of Kierland Boulevard and Marilyn Road in a portion of Section 10, Township 3

North, Range 4 East, as described more specifically in Exhibit “A,” is hereby changed

from “PUD” (Planned Unit Development) 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 260
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 Kierland Sky PUD reflecting the
changes approved through this request shall be submitted to the Planning and
Development Department within 30 days of City Council approval of this
request. The updated Development Narrative shall be consistent with the
Development Narrative date stamped October 20, 2023, 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 18, List of Uses, Prohibited Uses: Start numbered list at 1 rather
than at 3.

c. Page 18, List of Uses, Accessory Uses: Replace 65db with 55db.

d. Page 19, Development Standards, Development Standards Table,
Maximum Height Phase 2: Replace “69’ - 0” a minimum of 250 feet” with
“69’ - 0” a minimum of 160 feet”, replace “57-250 feet” with “50 – 160
feet”, and replace “57 feet” with “50 feet”.

e. Page 19, Development Standards, Development Standards Table,
Density: Update to maximum 53.8 dwelling units per across acre; 420
dwelling units.

f. Page 23, Development Standards, Landscape Standards, Streetscapes,
Adjacent to Marilyn Road: Replace “8-foot-wide landscape strip” with “5-
foot-wide landscape strip” and replace “3-inch caliper” with “2-inch
caliper”.

g. Page 24, Development Standards, Amenity Standards, Community
Space: Replace “Community Space” with “Private Interior Community
Space” and replace “Minimum of 10,000 square feet of community space
per building” with “Minimum of 5,000 square feet per building”.

h. Page 25, Development Standards, Shade Standards, Public and Private
Sidewalks and Pedestrian Pathways: Replace “east pedestrian
accessway” with “east private accessway”.

i. Page 41: Add Exhibits section after the legal description section.

2. Prior to the issuance of the Certificate of Occupancy for Phase I, evidence shall
be provided that the property owner has deposited funds to be used by the




Page 261
Street Transportation Department for traffic mitigation measures within 1-mile of
the site, as approved by the Street Transportation Department and the Planning
and Development Department. The funds will be held for 5 years upon which
any unused portion will be returned to the property owner providing funding.

3. Prior to the issuance of the certificate of occupancy for Phase II evidence shall
be provided that the property owner has deposited additional funds to be used
by the Street Transportation Department for traffic mitigation measures within 1-
mile of the site, as approved by the Street Transportation Department and the
Planning and Development Department. The funds will be held for 5 years upon
which any unused portion will be returned to the property owner providing
funding.

4. Prior to the issuance of the Certificate of Occupancy for Phase II, evidence shall
be provided that the property owner has deposited funds to be used by the
Street Transportation Department to contribute to a HAWK light at the
intersection of Acoma Drive and Kierland Boulevard, or in the alternative, fund
traffic mitigation measures within 1-mile of the site, as approved by Street
Transportation Department and the Planning and Development Department.
The funds will be held for 5 years upon which any unused portion will be
returned to the property owner providing funding.

5. A singular access point shall be permitted on Kierland Boulevard between
Marilyn Road and Acoma Drive and shall be placed no closer than 150 feet from
either intersection, unless otherwise approved by the Street Transportation
Department.

6. A Traffic Impact Analysis (TIA) shall be submitted 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. The development shall be responsible for the cost associated with these
improvements and dedications.

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

8. 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 262
9. A No Hazard Determination for the proposed development from the FAA
pursuant to the FAA’s Form-7460 obstruction analysis review process shall be
provided prior to construction permit approval, as per plans 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 Archeologist, and allow time for the
Archeology 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.

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

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

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

of the remaining portions hereof.

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

2024.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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




Page 263
By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 264
EXHIBIT A

LEGAL DESCRIPTION

WITHIN A PORTION OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 4 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF LOT 4, KIER.LAND COMMERCE SOUTH, ACCORDING TO BOOK
465 OF MAPS, PAGE 10, RECORDS OF MARICOPA COUNTY, ARIZONA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF KIERLAND BOULEVARD
WITH MARILYN ROAD, AS RECORDED ON THE PLAT OF KIERLAND COMMERCE
SOUTH. ACCORDING TO BOOK 465 OF MAPS, PAGE 10, RECORDS OF
MARICOPA COUNTY, ARIZONA;

THENCE ALONG SAID CENTERLINE OF MARILYN ROAD NORTH 89 DEGREES 44
MINUTES 11 SECONDS EAST, A DISTANCE OF 485.24 FEET;

THENCE SOUTH 00 DEGREES 15 MINUTES 52 SECONDS EAST, LEAVING SAID
CENTERLINE, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERN
RIGHT-OF-WAY OF SAID MARILYN ROAD, SAID POINT ALSO BEING THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;

THENCE SOUTH 00 DEGREES 15 MINUTES 52 SECONDS EAST, LEAVING SAID
SOUTHERN RIGHT-OF-WAY A DISTANCE OF 213.49 FEET;

THENCE SOUTH 44 DEGREES 57 MINUTES 48 SECONDS EAST A DISTANCE OF
357.95 FEET TO A POINT ON THE WESTERN RIGHT-OF-WAY OF 71ST STREET;

THENCE SOUTH 45 DEGREES 02 MINUTES 42 SECONDS WEST, ALONG SAID
WESTERN RIGHT-WAY OF 71" STREET A DISTANCE OF 201 .40 FEET;

THENCE NORTH 44 DEGREES 57 MINUTES 48 SECONDS WEST LEAVING SAID
WESTERN RIGHT-OF-WAY A DISTANCE OF 26.96 FEET;

THENCE NORTH 12 DEGREES 32 MINUTES 47 SECONDS WEST, A DISTANCE OF
64.48 FEET;

THENCE SOUTH 89 DEGREES 44 MINUTES 08 SECONDS WEST, A DISTANCE OF
324.50 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE
CONCAVE TO THE NORTHWEST WHOSE RADIUS BEARS NORTH 75 DEGREES
28 MINUTES 55 SECONDS WEST, A DISTANCE OF 72.91 FEET;




Page 265
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 37 DEGREES 08 MINUTES 40 SECONDS, A DISTANCE OF
47.27 FEET TO A POINT OF TANGENCY;

THENCE SOUTH 51 DEGREES 23 MINUTES 17 SECONDS WEST, A DISTANCE OF
107.98 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY OF SAID KIERLAND
BOULEVARD, SAID POINT ALSO BEING A POINT OF CURVATURE OF A NON-
TANGENT CURVE CONCAVE TO THE NORTHEAST, WHOSE CENTER BEERS
NORTH 53 DEGREES 11 MINUTES 17 SECONDS EAST, A DISTANCE OF 465.00
FEET;

THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE AND ALONG SAID
EASTERN RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 36 DEGREES 32
MINUTES 51 SECONDS, A DISTANCE OF 296.61 FEET;

THENCE NORTH 00 DEGREES 15 MINUTES 52 SECONDS WEST, ALONG SAID
EASTERN RIGHT-OF-WAY, A DISTANCE OF 192.21 FEET;

THENCE NORTH 01 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG SAID
EASTERN RIGHT-OF-WAY, A DISTANCE OF 138.17 FEET;

THENCE NORTH 45 DEGREES 45 MINUTES 30 SECONDS EAST. LEAVING SAID
EASTERN RIGHT-OF-WAY, A DISTANCE OF 37.42 FEET TO A POINT ON SAID
SOUTHERN RIGHT-OF-WAY OF MARILYN ROAD;

THENCE NORTH 89 DEGREES 44 MINUTES 11 SECONDS EAST. ALONG SAID
SOUTHERN RIGHT-OF-WAY, A DISTANCE OF 418.38 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.




Page 266
Page 267
ATTACHMENT B




Staff Report Z-14-A-20-2
Kierland Sky PUD Amendment
October 30, 2023

Paradise Valley Village Planning November 6, 2023
Committee Meeting Date:
Planning Commission Hearing Date: December 7, 2023
Request From: PUD (Planned Unit Development) (7.81
acres)
Request To: PUD (Planned Unit Development) (7.81
acres)
Proposal: Major PUD Amendment to allow commercial
and multifamily
Location: Southeast corner of Kierland Boulevard and
Marilyn Road
Owner: Ted Akiba, Kierland Sky, LLC
Applicant/Representative: Larry Lazarus, Lazarus & Silvyn, P.C.
Staff Recommendation: Approval, subject to stipulations


General Plan Conformity
Existing: Industrial
General Plan Land Use Map Designation Proposed: Mixed Use (Commercial /
Residential 15+ dwelling units per acre)
Kierland Width varies from 40-foot to
Collector
Boulevard 35-foot east half street

Street Map Classification Marilyn Road Local Street 30-foot south half street


71st Street Local Street 30-foot west half street

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.




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October 30, 2023

General Plan Conformity
The proposal will add to the mix of housing types within Kierland Commons, which is a
node of commercial activity, and will be located within a designated employment center.

CONNECT PEOPLE & PLACES CORE VALUE; BICYCLES; DESIGN PRINCIPLE:
Development should be designed to included convenient bicycle parking.

The PUD includes bicycle parking for both residents and guests. The PUD also includes
other bicycle infrastructure, including electric bicycle charging and a bicycle repair station,
in order to support alternative modes of transportation.

BUILD THE SUSTAINABLE 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 PUD proposes standards that integrate trees and shade in the design, including
enhanced landscaping around the perimeter of the site, shaded detached sidewalks, and
the integration of a shaded public plaza on site.


Applicable Plans, Overlays, and Initiatives

Desert Ridge/Kierland Major Employment Center – See Background Item. No. 2.

Tree and Shade Master Plan – See Background Item No. 12.

Complete Streets Guiding Principles – See Background Item No. 13.

Comprehensive Bicycle Master Plan – See Background Item No. 14.

Housing Phoenix Plan – See Background Item No. 15.

Zero Waste PHX – See Background Item No. 16.

Transportation Electrification Action Plan – See Background Item No. 17.

Phoenix Climate Action Plan – See Background Item No. 18.




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Surrounding Land Uses/Zoning
Land Use Zoning
On Site Commercial office PUD
North (across
Vacant (proposed multifamily residential) PUD
Marilyn Road)
South Commercial office CP/GCP PCD
Commercial office (proposed multifamily
East PUD
residential)
West (across Commercial office (proposed multifamily
PUD, CP/GCP PCD
Kierland Boulevard) residential for PUD site)
Southeast (across
Commercial office CP/GCP PCD
71st Street)

Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone a 7.81-acre site located on the southeast corner of
Kierland Boulevard and Marilyn Road. The request is to rezone from PUD
(Planned Unit Development) to PUD (Planned Unit Development) for a Major
PUD Amendment to the Kierland Sky PUD allow commercial and multifamily
residential with up to 420 units.

The site was rezoned from CP/GCP PCD (Commerce Park District/General
Commerce Park Option, Planned Community District) to PUD (Planned Unit
Development) in 2020, through Rezoning Case No. Z-14-20-2, in order to
facilitate redevelopment of the site into two, six-story office buildings and a
parking garage.

The subject site is within the Kierland Commons area, which is a hub of
mixed-use activity and employment. The area presents an opportunity for
revitalizing vacant commercial office spaces with mixed-use and multifamily
residential to support a pedestrian-friendly environment.

2. Desert Ridge/Kierland Major Employment Center
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 extends east from 36th Street to
Scottsdale Road between Deer Valley Road and the Central Arizona Project
(CAP) Canal, including the area from 64th Street to Scottsdale Road between
the CAP canal and Acoma Drive.




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The Desert Ridge/Kierland employment center profile provided by the City of
Phoenix Community and Economic Development Department identifies the
Kierland area as being 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.




Major Employment Centers Map
Source: Planning and Development Department




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GENERAL PLAN LAND USE MAP DESIGNATION
3. The General Plan Land Use Map designation for the subject site is Industrial.
The proposal is inconsistent with the existing General Plan Land Use Map
designation, and although the site is less than 10 acres in size, the exception
regarding any residential request in a designated industrial or commerce park
area is triggered; thus, a minor General Plan Amendment is required. A
concurrent minor General Plan Amendment case, GPA-PV-1-22-2, is proposed
to change the General Plan Land Use Map designation to Mixed Use
(Commercial / Residential 15+ dwelling units per acre). The proposed PUD
major amendment is consistent with the proposed General Plan Land Use Map
designation.

The General Plan Land Use Map designation to the north and east of the site
is Mixed Use (Commercial / Commerce Park / Residential 15+ dwelling units
per acre). To the west of the site is designated as Mixed Use (Commercial /
Residential 15+ dwelling units per acre) and Industrial. To the south of the site
is designated as Industrial.




GPA-PV-1-22-2 Sketch Map
Source: Planning and Development Department




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October 30, 2023

SURROUNDING ZONING AND LAND USES
4. The subject site and surrounding area are generally commercial office uses
within PUD (Planned Unit Development) and CP/GCP PCD (Commerce Park
District/General Commerce Park Option, Planned Community District) zoning
districts. To the north, across Marilyn Road, to the east, and to the west,
across Kierland Boulevard, have all been rezoned to PUD (Planned Unit
Development) to allow for commercial and multifamily residential uses.




Zoning Aerial Map
Source: Planning and Development Department

PROPOSAL
5. The proposal was developed utilizing the PUD zoning district. 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.

6. The PUD proposes standards that support the vision of a well-landscaped
multifamily residential development with three, five- and six-story buildings and




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Staff Report: Z-14-A-20-2
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with a publicly accessible open garden space, as depicted on the site plan and
elevations, attached as an exhibit.

7. Land Use
The PUD proposes multifamily residential and commercial uses. The
proposed development narrative lists commercial uses permitted in the C-1
zoning district as originally approved in the Kierland Sky PUD (Z-14-20-2), in
addition to multifamily residential uses. The development narrative also
proposes restricting certain uses that are inconsistent with the PUD's vision of
mixed-use pedestrian-oriented development such as auto title loan
establishments, retail of automobile parts and supplies, gas stations with one
closed automatic car wash bay, hospitals, single-family residential, automobile
service stations, veterinary offices, pet care facilities, and outdoor live music.

Staff recommends that the Prohibited Uses section be revised to start the
numbered list at one rather than beginning the numbered list at three. This is
addressed in Stipulation No. 1.b.

Staff recommends reducing the maximum noise level for outdoor music listed
in the Accessory Uses section from 65db to 55db to accommodate a request
from the Kierland Community Alliance (KCA). This is addressed in Stipulation
No. 1.c.

8. Development Standards
The PUD proposes development standards, consistent with the vision of a
multifamily residential development with public open space. It proposes a
maximum height of 69 feet to facilitate the first phase closer to Marilyn Road.
For Phase 2, the maximum building height steps down closer to the west
property line, adjacent to Kierland Boulevard, with a maximum of 30 feet within
57 feet of the west property line, with an increase in maximum building height
to 58 feet within 57 feet to 250 feet of the west property line, and an increase
to 69 feet after 250 from the property line adjacent to Kierland Boulevard. The
PUD proposes a minimum of 30 percent of the net site area to be open space,
with a minimum of 20,000 square feet of contiguous, publicly accessible, open
space. Additionally, amenity standards are proposed to include a minimum of
four pieces of artwork for public display, one picnic area per 2,000 square feet
of open space, a minimum of 10 benches for outdoor seating areas, a
minimum of 10,000 square feet of community space per building, and waste
stations to include a landfill receptacle, a recycling receptacle, and a
composting receptacle, with informational signs indicating what type of waste
should go in which receptacle.




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Below are additional development standards from the PUD Narrative:
Maximum Density: 54 dwelling units per gross acre; 421
dwelling units
Minimum Lot Width/Depth No minimum
Minimum Building Separation 60 feet
Lot Coverage Minimum 30% - Maximum 50%
Maximum Building Height
Phase 1 69 feet
Phase 2 69 feet a minimum of 250 feet from the
property line adjacent to Kierland
Boulevard
58 feet within 57–250 feet from property
line adjacent to Kierland Boulevard
30 feet within first 57 feet from property
line adjacent to Kierland Boulevard
Minimum Building Setbacks
West (Kierland Boulevard) 30 feet
North (Marilyn Road) 20 feet; Maximum 25 feet
Southeast (71st Street) 25 feet
South (Adjacent to Shared 10 feet
Property Line)
East Property Line 30 feet
Minimum Landscape Setbacks
West (Kierland Boulevard) 30 feet
North (Marilyn Road) 20 feet
South (71st Street) 25 feet
East (Adjacent to Private 10 feet located between the back of
Accessway) sidewalk and the building
All other property lines 10 feet


Sidewalk/Pathway Standards
Kierland Boulevard Minimum 8-foot-wide detached sidewalk
separated by a minimum 8-foot-wide
landscape strip located between the
back of curb and sidewalk.
Marilyn Road Minimum 5-foot-wide detached sidewalk
separated by a minimum 5-foot-wide
landscape strip located between the
back of curb and sidewalk.
71st Street Minimum 5-foot-wide detached sidewalk
separated by a minimum 5-foot-wide
landscape strip located between the
back of curb and sidewalk.




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East Private Accessway Minimum 5-foot-wide sidewalk
Internal Walkways/Pathways Minimum 5-foot-wide pathways
Minimum Open Space 30% of net site area
Minimum of one area of 20,000 square
feet of contiguous, publicly accessible,
open space
Minimum of one area of 6,000 square
feet of contiguous, publicly accessible,
open space
Minimum Vehicular Parking
Residents 1.5 spaces per dwelling unit
Guest 25 spaces
Electric Vehicle (EV) 10% of required parking spaces shall
Infrastructure include EV Installed infrastructure
Parking Location A maximum of 40 surface parking
spaces
All other parking shall be underground
Bicycle Infrastructure
Bicycle Parking Spaces Secured bicycle parking spaces at a
minimum rate of 0.25 spaces per
dwelling unit.
Guest bicycle parking spaces at a
minimum rate of 0.05 spaces per
dwelling unit.
Electric Bicycle Charging Minimum 10% of required bicycle
parking spaces shall include standard
electrical receptacles for electric bicycle
charging capabilities.
Bicycle Repair Station A bicycle repair station (“fix it station”)
shall be provided and maintained on site
within an amenity area or near a primary
site entrance.

The minimum distance from the property line adjacent to Kierland Boulevard
for the maximum building height of 69 feet in Phase 2 is closer to 170 feet;
however, the Development Standards Table requires this building height to be
located a minimum of 250 feet from the property line adjacent to Kierland
Boulevard. Due to this discrepancy, and per the applicant’s request, staff
recommends revising the Maximum Height Phase 2 row of the Development
Standards Table in the Development Narrative to require a building up to 69
feet tall to be located a minimum of 160 feet from the property line adjacent to
Kierland Boulevard, a building up to 58 feet tall to be located a minimum of 50
feet from Kierland Boulevard, and a building up to 30 feet tall to be allowed




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October 30, 2023

within the first 50 feet from the property line adjacent to Kierland Boulevard.
This is addressed in Stipulation No. 1.d.

To remain consistent with the advertised density, staff recommends revising
the maximum density in the Development Standards Table of the PUD
Narrative to 53.8 dwelling units per gross acre and 420 dwelling units. This is
addressed in Stipulation No. 1.e.

To remain consistent with the Sidewalk/Pathway Standards for Marilyn Road,
staff recommends the Streetscapes section of the PUD Narrative for Marilyn
Road be revised so the landscape strip width is 5 feet, rather than 8 feet.
Additionally, staff recommends the minimum tree caliper size be reduced from
three-inch caliper to two-inch caliper due to the reduced width of the
landscape strip. This is addressed in Stipulation No. 1.f.

For the Community Space provision within the Amenity Standards section of
the Development Narrative, staff recommends clarifying that this requirement
is for private interior community space within each building. Additionally, staff
recommends the required area of these spaces be lowered to 5,000 square
feet, since rooftop amenity areas are considered open space areas. This is
addressed in Stipulation No. 1.g.

Staff recommends a technical revision for the Shade Standards section in the
Development Standards section of the PUD Narrative for the “Public and
Private Sidewalks and Pedestrian Pathways” row to replace “east pedestrian
accessway” with “east private accessway”. This is addressed in Stipulation
No. 1.h.

9. Landscape Standards
The PUD proposes landscape planting standards for streetscape landscape
areas, landscape setbacks, landscape areas within public or private open
space and retention areas, and parking lot areas. The PUD also proposes a
minimum 75 percent shade requirement for public and private sidewalks and
pedestrian pathways, a minimum 50 percent shade requirement for occupiable
roof areas, and a minimum of 50 percent shade for all accessible public and
private open spaces areas. The proposed shade and landscape planting
standards are an enhancement compared to the Phoenix Zoning Ordinance
standards.

10. Design Guidelines and Standards
The PUD proposes design standards that promote a pedestrian-oriented
design with quality architecture. Pedestrian walkways will be provided to
connect all points of interest on site and will have contrasting materials when
crossing drive aisles to promote safety. Architectural guidelines include varied
façade elements between ground floor and upper floor residential units,




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provisions for quantities of façade materials and colors to minimize
monotonous buildings, articulation to break up larger building masses, vertical
shade elements for visual interest, and variation in rooflines.

11. General Comments
Staff recommends a technical correction to add the Exhibit section after the
legal description section. This is addressed in Stipulation No. 1.i.

AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
12. 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 PUD proposes robust tree planting and
shade standards, including:
• Detached sidewalks along Marilyn Road, Kierland Boulevard, and 71st
Street, separated by landscape strips planted with three-inch and two-
inch caliper shade trees planted 20 feet on center or in equivalent
groupings.
• Landscape setbacks planted with minimum 70 percent two-inch caliper
and 30 percent three-inch caliper shade trees planted 20 feet on center
or in equivalent groupings.
• Landscape areas within public or private open space and retention
areas planted with minimum 80 percent two-inch caliper and 20 percent
three-inch caliper shade trees.
• Parking lot areas landscaped a minimum of 20 percent and planted with
a minimum of one shade tree per five grade-level parking stalls.
• Public and private sidewalks and pedestrian pathways shaded a
minimum of 75 percent with a minimum of 50 percent of the shade to
be provided by minimum two-inch caliper shade trees, except for the
sidewalk adjacent to the east private accessway.
• Occupiable roof areas shaded a minimum of 50 percent by structures
or shade trees with a minimum of 25 percent shaded by minimum two-
inch caliper shade trees.
• Public and private open space areas shaded a minimum of 50 percent
by shade trees.

13. 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 promote safety



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and connectivity for all users, the PUD proposes standards for detached
sidewalks separated by landscape strips along Marilyn Road, Kierland
Boulevard, and 71st Street, bicycle parking, shaded pedestrian connections to
the street, and visually contrasting pavement treatments where pedestrian
pathways cross a vehicular drive aisle.

14. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014
to guide the development of its bikeway system and supportive infrastructure.
The Comprehensive Bicycle Master Plan supports options for both short- and
long-term bicycle parking as a means of promoting bicyclist traffic to a variety
of destinations. The PUD incorporates requirements for secured bicycle
parking, guest bicycle parking, and a bicycle repair station, to encourage multi-
modal transportation.

15. 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 a variety housing types that
will address the supply shortage at a more rapid pace while using vacant land
in a more sustainable fashion.

16. 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 PUD includes
standards for waste stations to include a landfill receptacle, a recycling
receptacle, and a composting receptacle, to be distributed throughout the site.

17. Transportation Electrification Action Plan
In June 2022, the Phoenix City Council approved the Transportation
Electrification Action Plan. The current market desire for the electrification of
transportation is both a national and global phenomenon, fueled by a desire
for better air quality, a reduction in carbon emissions, and a reduction in
vehicle operating and maintenance costs. Businesses, governments and the




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public are signaling strong future demand for electric vehicles (EVs), and
many automobile manufacturers have declared plans for a transition to fully
electric offerings within the coming decade. This Plan contains policy
initiatives to prepare the City for a future filled with more EVs, charging
infrastructure and e-mobility equity, and outlines a roadmap for a five-step
plan to prepare for the EV infrastructure needs of 280,000 EVs in Phoenix by
2030. One goal of the Plan to accelerate public adoption of electric vehicles
through workplace, business, and multifamily charging infrastructure
recommends a standard stipulation for rezoning cases to provide EV charging
infrastructure. The PUD includes standards for a minimum of 10 percent of the
required parking spaces to include EV Installed infrastructure and a minimum
of 10 percent of the required bicycle parking spaces to include standard
electrical receptacles for electric bicycle charging capabilities.

18. Phoenix Climate Action Plan
In October 2021, the Phoenix City Council approved the Climate Action Plan.
The Climate Action Plan will serve as a long-term plan to achieve greenhouse
gas emissions reductions and resiliency goals from local operations and
community activities as well as prepare for the impacts of climate change. This
plan contains policy and initiatives regarding stationary energy, transportation,
waste management, air quality, local food systems, heat, and water. Goal W2
(Water), Action W2.4, pertains to the implementation of the Greater Phoenix
Metro Green Infrastructure (GI) and Low Impact Development Details for
Alternative Stormwater Management to benefit the environment, promote
water conservation, reduce urban heat, improve the public health, and create
additional green spaces. The PUD includes a standard requiring a minimum of
two GI techniques for stormwater management, such as bioswales, to be
implemented in this development.

COMMUNITY INPUT SUMMARY
19. At the time the staff report was written, staff has not received any letters in
support or in opposition to the project.

INTERDEPARTMENTAL COMMENTS
20. City of Phoenix Aviation Department
The Aviation Department requested the airport disclosure stipulation. This is
addressed in Stipulation No. 8.

21. City of Scottsdale Aviation Department
The City of Scottsdale Aviation Department commented that they would
strongly discourage residential development in close proximity to their airport
or its flight path. If the project moves forward, the City of Scottsdale Aviation
Department requested the airport disclosure stipulation and the FAA Form
7460 with an FAA response of “No Hazard Determination” stipulation be
included. These are addressed in Stipulation Nos. 8 and 9.




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22. Street Transportation Department
The Street Transportation Department requested the following:
• That the traffic mitigation stipulations from the original Rezoning Case
No. Z-14-20-2 be carried over.
• That a singular access point be permitted on Kierland Boulevard
between Marilyn Road and Acoma Drive and that it be placed no closer
than 150 feet from either intersection.
• That a detached sidewalk be provided along Kierland Boulevard.
• That a Traffic Impact Analysis (TIA) be submitted to the City for this
development.
• That all streets within and adjacent to the development, shall be
constructed with all required elements, including meeting ADA
requirements.

These are addressed within the PUD Narrative and in Stipulation Nos. 2
through 7.

OTHER
23. 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. 10.

24. Staff has not received a completed form for the Waiver of Claims for
Diminution in Value of Property under Proposition 207 (A.R.S. 12-1131 et
seq.), as required by the rezoning application process. Therefore, a stipulation
has been added to require the form be completed and submitted prior to
preliminary site plan approval. This is addressed in Stipulation No. 11.

25. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements.
Other formal actions such as, but not limited to, zoning adjustments and
abandonments, may be required.

Findings

1. The proposed development is consistent with the proposed General Plan Land
Use Map designation in companion case GPA-PV-1-22-2 and is compatible
with the transitioning land use pattern in the surrounding area.

2. The proposed development will add to the mix of housing options within the
Desert Ridge/Kierland Major Employment Center.




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3. The proposed PUD sets forth design and development standards that support
efforts from various plans and initiatives, including the Tree and Shade Master
Plan, the Complete Streets Guiding Principles, the Comprehensive Bicycle
Master Plan, the Housing Phoenix Plan, Zero Waste PHX, the Transportation
Electrification Action Plan, and the Phoenix Climate Action Plan.

Stipulations

1. An updated Development Narrative for the Kierland Sky PUD reflecting the
changes approved through this request shall be submitted to the Planning and
Development Department within 30 days of City Council approval of this
request. The updated Development Narrative shall be consistent with the
Development Narrative date stamped October 20, 2023, 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 18, List of Uses, Prohibited Uses: Start numbered list at 1 rather
than at 3.

c. Page 18, List of Uses, Accessory Uses: Replace 65db with 55db.

d. Page 19, Development Standards, Development Standards Table,
Maximum Height Phase 2: Replace “69’ - 0” a minimum of 250 feet” with
“69’ - 0” a minimum of 160 feet”, replace “57-250 feet” with “50 – 160
feet”, and replace “57 feet” with “50 feet”.

e. Page 19, Development Standards, Development Standards Table,
Density: Update to maximum 53.8 dwelling units per across acre; 420
dwelling units.

f. Page 23, Development Standards, Landscape Standards, Streetscapes,
Adjacent to Marilyn Road: Replace “8-foot-wide landscape strip” with “5-
foot-wide landscape strip” and replace “3-inch caliper” with “2-inch
caliper”.

g. Page 24, Development Standards, Amenity Standards, Community
Space: Replace “Community Space” with “Private Interior Community
Space” and replace “Minimum of 10,000 square feet of community
space per building” with “Minimum of 5,000 square feet per building”.

h. Page 25, Development Standards, Shade Standards, Public and Private
Sidewalks and Pedestrian Pathways: Replace “east pedestrian
accessway” with “east private accessway”.




Page 282
Staff Report: Z-14-A-20-2
October 30, 2023


i. Page 41: Add Exhibits section after the legal description section.

2. Prior to the issuance of the Certificate of Occupancy for Phase I, evidence
shall be provided that the property owner has deposited funds to be used by
the Street Transportation Department for traffic mitigation measures within 1-
mile of the site, as approved by the Street Transportation Department and the
Planning and Development Department. The funds will be held for 5 years
upon which any unused portion will be returned to the property owner providing
funding.

3. Prior to the issuance of the certificate of occupancy for Phase II evidence shall
be provided that the property owner has deposited additional funds to be used
by the Street Transportation Department for traffic mitigation measures within
1-mile of the site, as approved by the Street Transportation Department and
the Planning and Development Department. The funds will be held for 5 years
upon which any unused portion will be returned to the property owner providing
funding.

4. Prior to the issuance of the Certificate of Occupancy for Phase II, evidence
shall be provided that the property owner has deposited funds to be used by
the Street Transportation Department to contribute to a HAWK light at the
intersection of Acoma Drive and Kierland Boulevard, or in the alternative, fund
traffic mitigation measures within 1-mile of the site, as approved by Street
Transportation Department and the Planning and Development Department.
The funds will be held for 5 years upon which any unused portion will be
returned to the property owner providing funding.

5. A singular access point shall be permitted on Kierland Boulevard between
Marilyn Road and Acoma Drive and shall be placed no closer than 150 feet
from either intersection, unless otherwise approved by the Street
Transportation Department.

6. A Traffic Impact Analysis (TIA) shall be submitted 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. The development shall be responsible for the cost associated with
these improvements and dedications.

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




Page 283
Staff Report: Z-14-A-20-2
October 30, 2023


8. 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.

9. A No Hazard Determination for the proposed development from the FAA
pursuant to the FAA’s Form-7460 obstruction analysis review process shall be
provided prior to construction permit approval, as per plans 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 Archeologist, and allow time for the
Archeology 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.

Writer
Adrian Zambrano
October 30, 2023

Team Leader
Racelle Escolar

Exhibits
Sketch Map
Aerial Map
Conceptual Site Plan date stamped October 19, 2022
Conceptual Elevations date stamped October 19, 2022 (2 pages)
Kierland Sky PUD Development Narrative date stamped October 20, 2023




Page 284
Z-3-18 Z-66-97
GREENWAY PKWY



CP/GCP
CP/GCP PUD * PCD *


KIERLAND BLVD
Z-11-C-75
PCD * Z-63-20
Z-11-C-75

PUD *
Z-14-20




CITY OF SCOTTSDALE
MARILYN RD

71ST ST
CP/GCP
GC/PCD * PUD* PUD *


SCOTTSDALE RD
Z-11-F-75
PCD*
Z-76-21 Z-56-21 Z-11-C-75




CP/GCP
PCD * CP/GCP
Z-11-C-75
PCD * CP/GCP
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AC Z-48-91
O MA
D R

R1-10 *
PCD
69TH ST
R-3A
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Z-48-A-91




I
DEER VALLEY DR

SR 51
SR 101
Z-14-A-20
Miles UNION HILLS DR

BELL RD
0.06 0.03 0 0.06
PARADISE VALLEY VILLAGE
GREENWAY RD

THUNDERBIRD RD

CITY COUNCIL DISTRICT: 2 CACTUS RD




SCOTTSDALE RD
SHEA BLVD



16TH ST 56TH ST 64TH ST
24TH ST

TATUM BLVD
32ND ST
40TH ST




APPLICANT'S NAME: REQUESTED CHANGE:
Larry Lazarus, Lazarus & Silvyn P.C.
FROM:
PUD ( 7.81 a.c.)
APPLICATION NO. DATE:
11/2/2022
Z-14-A-20 REVISION DATES:


GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
7.81 Acres QS 34-44 L-12 TO: PUD ( 7.81 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
PUD N/A N/A
PUD 420 521

* Maximum Units Allowed with P.R.D. Bonus
Page 285
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-14-A-20.mxd
Z-3-18 Z-66-97
GREENWAY PKWY



CP/GCP
CP/GCP PUD * PCD *


KIERLAND BLVD
Z-11-C-75
PCD * Z-63-20
Z-11-C-75

PUD *
Z-14-20




CITY OF SCOTTSDALE
MARILYN RD

71ST ST
CP/GCP
GC/PCD * PUD* PUD *


SCOTTSDALE RD
Z-11-F-75
PCD*
Z-76-21 Z-56-21 Z-11-C-75




CP/GCP
PCD * CP/GCP
Z-11-C-75
PCD * CP/GCP
Z-11-C-75 PCD*
AC Z-48-91
O MA
D R

R1-10 *
PCD
69TH ST
R-3A
Z-48-91 PCD*
Z-48-91 C-2 PCD *
Z-48-A-91
Maricopa County Assessor's Office



I
DEER VALLEY DR

SR 51
SR 101
Z-14-A-20
Miles UNION HILLS DR

BELL RD
0.06 0.03 0 0.06
PARADISE VALLEY VILLAGE
GREENWAY RD

THUNDERBIRD RD

CITY COUNCIL DISTRICT: 2 CACTUS RD




SCOTTSDALE RD
SHEA BLVD



16TH ST 56TH ST 64TH ST
24TH ST

TATUM BLVD
32ND ST
40TH ST




APPLICANT'S NAME: REQUESTED CHANGE:
Larry Lazarus, Lazarus & Silvyn P.C.
FROM:
PUD ( 7.81 a.c.)
APPLICATION NO. DATE:
11/2/2022
Z-14-A-20 REVISION DATES:


GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
7.81 Acres QS 34-44 L-12 TO: PUD ( 7.81 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
PUD N/A N/A
PUD 420 521

* Maximum Units Allowed with P.R.D. Bonus
Page 286
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-14-A-20.mxd
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ATTACHMENT C




Village Planning Committee Meeting Summary
Z-14-A-20-2
INFORMATION ONLY

Date of VPC Meeting October 2, 2023
Request From PUD
Request To PUD
Proposal Major PUD Amendment to the Kierland Sky PUD to
allow commercial and multifamily residential uses
Location Southeast corner of Kierland Boulevard and Marilyn
Road


VPC DISCUSSION:

Cases Z-14-A-20-2 and GPA-PV-1-22-2 are companion cases and were heard together.

No members of the public registered to speak in support or in opposition to this item.

Applicant Presentation:
Larry Lazarus, with Lazarus & Silvyn, P.C., introduced himself and provided an
overview on the project. Mr. Lazarus stated that the PUD was approved for an office
development a few years ago. Mr. Lazarus explained that this request, if approved,
would allow a residential use rather than an office use, noting that the parking would be
located underground rather than in a parking structure, and that the amount of open
space would be increased. Mr. Lazarus summarized the surrounding land uses and
adjacent PUDs approved for residential developments. Mr. Lazarus then summarized
community outreach, noting that they agreed to suggestions made by the community,
including traffic mitigation measures, a reduction in building height, additional public
open space, and a dog park. Mr. Lazarus shared a comparison between the approved
PUD and the proposed PUD site plan, development standards, elevations, and
perspective views from nearby residential, noting that the building configuration will
remain the same, open space is increased, required parking is reduced, and building
height is reduced. Mr. Lazarus then shared the proposed phasing plan, open space
plan, landscape plan, and circulation plan.

Questions from the Committee and Discussion:
Toby Gerst asked about the proposed parking requirements for guests. Mr. Lazarus
responded that there would be guest parking at the grade level. Ms. Gerst asked where
the trash pickup would be located. Mr. Lazarus responded that it would be located on
the east side of the property along the service drive.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 290
Paradise Valley Village Planning Committee
Meeting Summary
Z-14-A-20-2

Marc Soronson asked for clarification if the first phase is for an office building. Mr.
Lazarus responded that it would all be residential. Mr. Soronson asked if the units will
be rentals or condominiums. Mr. Lazarus responded that they will all be condominiums.
Mr. Soronson asked what the schedule of the project would look like once the zoning is
approved. Mr. Lazarus responded that their intent is to move as quickly as possible. Mr.
Lazarus added that it would likely take about a year to obtain permits and a year to 18
months to build the first phase, and depending on how fast the first phase sells, they will
then move directly to the second phase. Mr. Lazarus noted that the intent would be to
move to the second phase even if the first phase is still being built. Mr. Soronson
asked if the amenities in the first phase would be independent to that phase and
similarly for the second phase. Mr. Lazarus responded that the focal garden would be
built in the first phase, and the second phase would include the “Zen Corridor”, the
residential courtyard, the “Open Garden Space”, and the dog park. Mr. Soronson
asked if the perspective views from nearby residential are of the second phase. Mr.
Lazarus responded that the building on the left side of the perspective view is part of
the first phase and the building on the right side is the second phase. Mr. Soronson
asked if the buildings would be constructed of wood or concrete. Mr. Lazarus
responded that they would be constructed of concrete.

Jennifer Hall asked what triggered the change from office to residential. Mr. Lazarus
responded that it is partially because of the pandemic, noting that financing office space
has become more difficult. Mr. Lazarus added that the proposed product would be very
different than the typical product that is seen, due to the amount of open space and
amenities provided, and the garden concept that comes from Japanese gardens that
the developer has seen in Japan. Mr. Lazarus acknowledged that water is an issue and
that the development will be regenerating their own water. Ms. Hall asked if some
community workspaces would be included. Mr. Lazarus responded that the main floor
would include an open workspace.

Anna Sepic recommended that the floor to ceiling heights within the units be a
minimum of 15 feet for added luxury, referencing a project in Downtown Phoenix called
X Phoenix, that had studio units with 15-foot clear ceilings. Mr. Lazarus responded that
there will be pushback when adding an additional story to the building, but they can take
a look at it. Ms. Sepic responded that even if one floor has ultra-high ceilings, it will
make a difference. Mr. Lazarus stated that there will be a penthouse on the top floor.

Alan Sparks asked if this area is covered by the Kierland Master Association. Mr.
Lazarus responded affirmatively, noting that they did not have to make any
amendments to the Covenants, Conditions and Restrictions (CC&Rs) for this case.

Ms. Gerst asked if the development will have a greywater system. Mr. Lazarus
responded affirmatively, noting the importance of water conservation and reuse.

Chair Popovic asked if the applicant has met with Councilman Waring yet. Mr.
Lazarus responded affirmatively, noting that he was supportive of converting the
development from office to residential and he asked how the Kierland Community
Alliance (KCA) reacted to the proposal. Mr. Lazarus added that he was planning to wait

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 291
Paradise Valley Village Planning Committee
Meeting Summary
Z-14-A-20-2

until after it passes the VPC to follow up with Councilman Waring since his next
question would be how the VPC reacted to the proposal. Chair Popovic asked how the
KCA reacted to the proposal. Mr. Lazarus responded that they were pleased with the
office proposal and are even more pleased with this proposal because of the open
space being provided.

Regina Schmidt asked who would maintain the public dog park and how it would be
policed. Mr. Lazarus responded that it would be maintained by the community
association. Mr. Lazarus added that it is not a very large dog park. Ms. Schmidt asked
if the PUD to the north was done by the same law firm as this proposal. Mr. Lazarus
responded that it was not. Ms. Schmidt stated that she remembers there was pushback
on the building height or density for the PUD to the north. Mr. Lazarus responded that
he is not familiar with that PUD but that there is always pushback on height in the
Kierland area.

Mr. Soronson complimented the design of the project and complimented the
development as being owner-occupied, noting the lack of owner-occupied dwelling units
in the area.

Mr. Hoffman asked if there is an estimated price point per unit. Mr. Lazarus responded
that there is not at this point, noting that they are still a few years away to have that
information.

Ms. Hall asked when this request will be brought back to the Committee for a vote. Mr.
Lazarus responded that it will be coming back next month.

Mr. Soronson asked what additional detail there will be next month. Mr. Lazarus
responded that the information would mostly be the same.

Vice Chair Anita Mortensen asked if any of the units will have balconies. Mr. Lazarus
responded that they will. Mr. Lazarus added that the balconies were the reason the
buildings are setback so far from Kierland Boulevard and why so much open space and
landscaping is being provided. Mr. Lazarus stated that there will be no outdoor live
music, and any background music outdoors will be limited to 55 decibels at the property
line. Mr. Lazarus added that there will be no amenities on the rooftop of the building
closest to Kierland Boulevard.

Ms. Hall asked what the rooftop amenities would consist of. Mr. Lazarus responded
that Building 1 and Building 3 would have a rooftop pool, barbeque areas, and
shuffleboard areas.

Public Comments:
None.

Applicant Response:
None.


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 292
ATTACHMENT D




Village Planning Committee Meeting Summary
Z-14-A-20-2



Date of VPC Meeting November 6, 2023
Request From PUD
Request To PUD
Proposal Major PUD Amendment to the Kierland Sky PUD to
allow commercial and multifamily residential uses
Location Southeast corner of Kierland Boulevard and Marilyn
Road
VPC Recommendation Approval per staff recommendation
VPC Vote 13-0


VPC DISCUSSION:

Cases Z-14-A-20-2 and GPA-PV-1-22-2 are companion cases and were heard
concurrently.

No members of the public registered to speak in support or in opposition to this item.

Staff Presentation:
Mr. Zambrano, staff, provided an overview of rezoning case Z-14-A-20-2, describing
the location, request, surrounding land uses and zoning, and proposed General Plan
Land Use Map designation. Mr. Zambrano then described the proposal, discussing the
proposed site plan and elevations. Mr. Zambrano noted that staff received one letter in
support of the project. Mr. Zambrano concluded by sharing the staff findings,
recommendation of approval and the recommended stipulations.

Applicant Presentation:
Larry Lazarus, representative with Lazarus & Silvyn, P.C., introduced himself and his
team. Mr. Lazarus stated that they have spent a significant amount of time working with
the community, noting that a letter of support from the Kierland Community Alliance
(KCA) was provided. Mr. Lazarus summarized changes made to the project through
collaboration with the community. Mr. Lazarus added that funding will be provided to the
Street Transportation Department for traffic mitigation measures within one mile of the
site. Mr. Lazarus stated that the project would consist of two phases, with the north
building being constructed first, and the two buildings on the south being constructed
second. Mr. Lazarus stated that all parking will be located underground, except some
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 293
Paradise Valley Village Planning Committee
Meeting Summary
Z-14-A-20-2

spaces on the grade level for potential retail. Mr. Lazarus noted that the buildings are
set back from Kierland Boulevard. Mr. Lazarus added that the driveways were designed
to direct traffic away from the neighborhood to the southwest and that the anticipated
traffic is less than the previous office proposal.

Questions from the Committee:
Diane Petersen asked if outdoor live music is prohibited on rooftops. Mr. Lazarus
responded that outdoor live music would be prohibited everywhere on the site. Mr.
Lazarus added that any other outdoor music would only be allowed a maximum noise
level of 55 decibels. Ms. Petersen stated that the KCA contracted an independent
traffic engineering firm to study the traffic in the area and the study found that 43
percent of the traffic in the neighborhood is cut-through traffic, which does not include
any proposed developments that have not been constructed yet. Ms. Petersen
expressed concerns with traffic and appreciated the applicant’s efforts to help mitigate
traffic in the neighborhood. Ms. Petersen added that only 25 percent of vehicles adhere
to the stop signs located at 68th Street and Hearn Road and 69th Street and Hearn
Road, while the others speed through the stop signs. Ms. Petersen stated that traffic is
a very important issue to the residents to the south and to the KCA. Mr. Lazarus
responded that one of the traffic mitigation provisions is for a High Intensity Activated
Crosswalk (HAWK) signal at the intersection of Kierland Boulevard and Acoma Drive
and getting traffic to move north and east of the site as much as possible. Mr. Lazarus
stated that the traffic mitigation agreement is recorded and would involve working with
the KCA to determine how the money is used once their independent traffic study is
completed.

Chair Popovic asked how many levels of underground parking are proposed. Calvin
Cangco, representative with Shepley Bulfinch Architects, responded that it would be
two levels of underground parking.

Mr. Lazarus stated that this proposed development is very different than what is usually
seen, noting that it would be constructed of concrete, that the parking would be
underground, and that the units would be condominiums.

Karen DeMoss asked who would decide if there would be a traffic signal located at the
intersection of Acoma Drive and Kierland Boulevard. Mr. Lazarus responded that they
will be working with the KCA, and the City of Phoenix Street Transportation Department,
and they will provide the funding for it to be installed when both organizations feel it is
appropriate.

Public Comments:
Brandon Finnie introduced himself as a resident west of the proposed development
and asked how much retail is proposed and what the expected uses are for retail.

Applicant Response:
Mr. Lazarus responded that there would be flexible ground-level spaces that could be
used for retail, noting that one idea was for there to be ground-level workspaces as an
amenity for residents, rather than retail.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 294
Paradise Valley Village Planning Committee
Meeting Summary
Z-14-A-20-2

Mr. Cangco stated that all the spaces would face the focal garden, including around
9,000 square feet in Building 1, around 4,000 square feet in Building 2, and around
3,000 square feet in Building 3.

Discussion:
Ms. Petersen asked if the parking for retail uses would be underground. Mr. Lazarus
responded affirmatively, noting that there is some parking as well on the grade level.

Chair Popovic asked if the majority of the parking would be underground. Mr. Lazarus
responded affirmatively.

Ms. Petersen asked if the underground parking would be restricted to residents. Mr.
Lazarus responded that it would mostly be restricted to residents, and there may be
some common parking areas underground as well. Ms. Petersen asked for clarification
where a customer for a retail use would park. Mr. Lazarus responded that they would
park on the grade level and that there may be an opportunity for some retail parking
underground on the first level.

Mr. Cangco stated that the majority of the street parking is along the drives.

Ana Bustamante asked for clarification where customers would park if there were
retail. Mr. Lazarus responded that there would be parking on the interior streets of the
development.

Ms. Petersen stated that the KCA was concerned about a lack of electric vehicle (EV)
charging stations. Mr. Lazarus responded there is a requirement for a minimum of 10
percent of the required parking spaces to include EV chargers.

Mr. Finnie asked for clarification that the retail spaces would be mainly for residents
rather than restaurants or shopping for the community. Mr. Lazarus responded that
there could be a small coffee shop. Mr. Lazarus added that the Kierland Master
Association (KMA) did not want any large retail or national branded retail around this
area. Mr. Finnie asked for clarification that all the units would be condominiums for sale
and would not be rentals. Mr. Lazarus responded affirmatively.

MOTION – Z-14-A-20-2:
Mr. Mazza motioned to recommend approval of Z-14-A-20-2, per the staff
recommendation. Mr. Wise seconded the motion.

VOTE – Z-14-A-20-2:
13-0; motion to recommend approval of Z-14-A-20-2 per the staff recommendation
passes with Committee members Balderrama, Bustamante, DeMoss, Goodhue,
Gubser, Hoffman, Mazza, Petersen, Schmidt, Sparks, Wise, Mortensen, and Popovic in
favor.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 295
Paradise Valley Village Planning Committee
Meeting Summary
Z-14-A-20-2

STAFF COMMENTS REGARDING VPC RECOMMENDATION:

None.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 296
ATTACHMENT E

REPORT OF PLANNING COMMISSION ACTION
December 7, 2023

ITEM NO: 4
DISTRICT NO.: 2
SUBJECT:

Application #: Z-14-A-20-2 (Kierland Sky PUD) (Companion Case GPA-PV-1-22-2)
Location: Southeast corner of Kierland Boulevard and Marilyn Road
From: PUD
To: PUD
Acreage: 7.81
Proposal: Major Planned Unit Development Amendment to allow commercial and
multifamily residential uses
Applicant: Larry Lazarus, Lazarus & Silvyn, P.C.
Owner: Ted Akiba, Kierland Sky, LLC
Representative: Larry Lazarus, Lazarus & Silvyn, P.C.

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Paradise Valley 10/2/2023 Information only.
Paradise Valley 11/6/2023 Approval, per staff recommendation. Vote: 13-0.

Planning Commission Recommendation: Approval, per the Paradise Valley Village Planning
Committee recommendation.

Motion Discussion: N/A

Motion details: Commissioner Jaramillo made a MOTION to approve Z-14-A-20-2, per the
Paradise Valley Village Planning Committee recommendation.

Maker: Jaramillo
Second: Perez
Vote: 5-0
Absent: Gaynor and Gorraiz
Opposition Present: No

Findings:

1. The proposed development is consistent with the proposed General Plan Land Use
Map designation in companion case GPA-PV-1-22-2 and is compatible with the
transitioning land use pattern in the surrounding area.

2. The proposed development will add to the mix of housing options within the Desert
Ridge/Kierland Major Employment Center.

3. The proposed PUD sets forth design and development standards that support efforts
from various plans and initiatives, including the Tree and Shade Master Plan, the
Complete Streets Guiding Principles, the Comprehensive Bicycle Master Plan, the
Housing Phoenix Plan, Zero Waste PHX, the Transportation Electrification Action Plan,
and the Phoenix Climate Action Plan.

Page 297
Stipulations:

1. An updated Development Narrative for the Kierland Sky PUD reflecting the changes
approved through this request shall be submitted to the Planning and Development
Department within 30 days of City Council approval of this request. The updated
Development Narrative shall be consistent with the Development Narrative date stamped
October 20, 2023, 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 18, List of Uses, Prohibited Uses: Start numbered list at 1 rather than at 3.

c. Page 18, List of Uses, Accessory Uses: Replace 65db with 55db.

d. Page 19, Development Standards, Development Standards Table, Maximum
Height Phase 2: Replace “69’ - 0” a minimum of 250 feet” with “69’ - 0” a minimum
of 160 feet”, replace “57-250 feet” with “50 – 160 feet”, and replace “57 feet” with
“50 feet”.

e. Page 19, Development Standards, Development Standards Table, Density:
Update to maximum 53.8 dwelling units per across acre; 420 dwelling units.

f. Page 23, Development Standards, Landscape Standards, Streetscapes, Adjacent
to Marilyn Road: Replace “8-foot-wide landscape strip” with “5-foot-wide landscape
strip” and replace “3-inch caliper” with “2-inch caliper”.

g. Page 24, Development Standards, Amenity Standards, Community Space:
Replace “Community Space” with “Private Interior Community Space” and replace
“Minimum of 10,000 square feet of community space per building” with “Minimum
of 5,000 square feet per building”.

h. Page 25, Development Standards, Shade Standards, Public and Private
Sidewalks and Pedestrian Pathways: Replace “east pedestrian accessway” with
“east private accessway”.

i. Page 41: Add Exhibits section after the legal description section.

2. Prior to the issuance of the Certificate of Occupancy for Phase I, evidence shall be
provided that the property owner has deposited funds to be used by the Street
Transportation Department for traffic mitigation measures within 1-mile of the site, as
approved by the Street Transportation Department and the Planning and Development
Department. The funds will be held for 5 years upon which any unused portion will be
returned to the property owner providing funding.

3. Prior to the issuance of the certificate of occupancy for Phase II evidence shall be
provided that the property owner has deposited additional funds to be used by the Street
Transportation Department for traffic mitigation measures within 1-mile of the site, as
approved by the Street Transportation Department and the Planning and Development
Department. The funds will be held for 5 years upon which any unused portion will be
returned to the property owner providing funding.

4. Prior to the issuance of the Certificate of Occupancy for Phase II, evidence shall be
provided that the property owner has deposited funds to be used by the Street
Transportation Department to contribute to a HAWK light at the intersection of Acoma

Page 298
Drive and Kierland Boulevard, or in the alternative, fund traffic mitigation measures within
1-mile of the site, as approved by Street Transportation Department and the Planning
and Development Department. The funds will be held for 5 years upon which any
unused portion will be returned to the property owner providing funding.

5. A singular access point shall be permitted on Kierland Boulevard between Marilyn Road
and Acoma Drive and shall be placed no closer than 150 feet from either intersection,
unless otherwise approved by the Street Transportation Department.

6. A Traffic Impact Analysis (TIA) shall be submitted 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. The development shall be
responsible for the cost associated with these improvements and dedications.

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

8. 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.

9. A No Hazard Determination for the proposed development from the FAA pursuant to the
FAA’s Form-7460 obstruction analysis review process shall be provided prior to
construction permit approval, as per plans 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 Archeologist, and allow time for the Archeology 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.

This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.




Page 299
ATTACHMENT F




Kierland Community Alliance
P.O.Box 31163
Phoenix, AZ 85046




November 6, 2023




Chairperson and Committee Members
of the Paradise Valley Village Planning Committee

RE: Kierland Sky LLC, Case # Z-14-A-20


Dear Sir or Madam,


We write you today in support of the above noted amended case which is pending your review.
As you know, we are a community association which works with property developers in the
Kierland area. Our purpose is to inform them of community concerns, precedents, and particular
situations their projects might impact.
We have been working with Kierland Sky LLC for a few years now on the original project,
which was approved, and on this amended version now before your committee, and which we
believe is an improved version.
In brief, we wish to recommend approval of the proposal as we believe it includes many
improvements which will be more beneficial to the neighborhood and mitigate the impact of
developing the property.
First, is the conversion from commercial use to residential condominiums. This is welcomed as it
will bring more owners vs. renters into the neighborhood and help balance out, to some degree,
the large increase in rental units we have seen occur over the past few years.
Second, is lowered building heights on some buildings, elimination of a parking structure, and
only a slight increase, from 56 to 58 feet, on the building closest to the nearby single family
homes. Another improvement is the conversion from above ground parking to underground
parking.
Third, is the architecture, building façade treatments, and particularly, the landscape plan
surrounding the buildings and on the roof tops. These will all increase the visual appeal of the




Page 300
project making it more pleasing to the eye. This will help the property fit nicely into the
neighborhood and create visual interest consistent with other parts of the Kierland area.
We would also like to mention that the developer has worked to mitigate the impact of traffic on
the neighborhood, by routing it away from single family homes and by managing access points,
not allowing traffic to exit left onto Kierland Boulevard. The developer has also committed to
establishing a fund to help with the mitigation of traffic in the neighborhood to the south and
south west of the development, which is very much appreciated.
We do, however, have some concerns. We mention these so that hopefully, they can be addressed
by adding stipulations when approving the amended plan. These are easily manageable in our
opinion.
The rooftop amenity area could become a noise nuisance for neighbors if not managed properly.
Therefore, we propose that there be a stipulation prohibiting live music on the rooftop, and
setting a limit to noise on the rooftop not to exceed 55 db.
Finally, we recommend adequate power and EV chargers to distribute this power to resident
parking spaces, as current legislative and market trends seem to point to many more electric
vehicles soon, as well as longer term.
We have enjoyed working with the Akiba family as well as Mr. Larry Lazarus to help bring to the
Kierland area a project we believe worthy of the neighborhood, and sensitive to the needs of the
people who reside here.


Yours truly, on behalf of the Board of the Kierland Community Alliance,




Amy Satterfield,
Chairperson
Kierland Community Alliance


cc: Adrian G Zambrano, Village Planner
Larry Lazarus, Lazarus & Silvyn, P.C.




Page 301



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
(CONTINUED FROM DEC. 6, 2023) - Public Hearing and Resolution Adoption -
General Plan Amendment GPA-SM-1-23-8 - Northeast Corner of 12th Street and
Jones Avenue (Resolution 22170)

Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
resolution if approved. Request to amend the General Plan Land Use Map designation
on 28.32 acres from Residential 10 to 15 dwelling units per acre and Residential 15+
dwelling units per acre to Commerce/Business Park. This item is a companion case to
Z-3-23-8 and must be heard first, followed by Z-3-23-8.

Summary
Application: GPA-SM-1-23-8
Current Designation: Residential 10 to 15 dwelling units per acre (25.93 acres) and
Residential 15+ dwelling units per acre (2.39 acres)
Proposed Plan Designation: Commerce/Business Park
Acreage: 28.32
Proposal: Minor General Plan Amendment to allow office, industrial, and warehouse
uses

Owner: Brow USA Inc., et al.
Applicant: Trammel Crow Company
Representative: Jason Morris, Withey Morris Baugh, PLC

Staff Recommendation: Approval. (Attachment B)
VPC Action: The South Mountain Village Planning Committee heard this case on Aug.
8, 2023, and recommended denial, by a vote of 8-1-1. (Attachment C)
PC Action: The Planning Commission continued this item on Sept. 7, 2023, by a vote
of 6-0. The Planning Commission continued this item on Oct. 5, 2023, by a vote of 7-0.
The Planning Commission heard the case on Nov. 2, 2023, and recommended
approval, by a vote of 5-4. (Attachment D)

Location
Northeast corner of 12th Street and Jones Avenue
Council District: 8


Page 302

Parcel Address: 3607, 3639, 3831 and 3839 S. 12th St.

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




Page 303
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-SM-1-23-8,
CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.

____________


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

follows:

SECTION 1. The 2015 Phoenix General Plan, which was adopted by

Resolution 21307, is hereby amended by adopting GPA-SM-1-23-8. The 28.32-acre

site located at the northeast corner of 12th Street and Jones Avenue is designated as

Commerce/Business Park.

SECTON 2. The Planning and Development Director is instructed to

modify the 2015 Phoenix General Plan to reflect this land use classification change as

shown below:




Page 304
PASSED by the Council of the City of Phoenix this 6th day of December

2023.



MAYOR




ATTEST:


____________________________
Denise Archibald, City Clerk



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




Page 305
By:___________________________
___________________________



REVIEWED BY:


______________________________
Jeffrey Barton, City Manager




Page 306
ATTACHMENT B




GENERAL PLAN AMENDMENT
STAFF ANALYSIS
July 19, 2023

Application: GPA-SM-1-23-8

Owner: Brow USA Inc. et al.

Applicant: Trammell Crow Company

Representative: Jason Morris, Withey Morris Baugh, PLC

Location: Northeast corner of 12th Street and Jones Avenue

Acreage: 28.32 acres

Current Plan Designation: Residential 10 to 15 dwelling units per acre (25.93
acres) and Residential 15+ dwelling units per acre
(2.39 acres)

Requested Plan Designation: Commerce/Business Park (28.32 acres)

Reason for Requested Change: A minor General Plan Map Amendment to allow
office, industrial, and warehouse uses

South Mountain Village Planning
Committee Date Meeting Date: August 8, 2023

Staff Recommendation: Approval

FINDINGS:

1) The subject site exceeds 10 acres, which requires a minor General Plan
Amendment to the Land Use Map.

2) The proposed General Plan Land Use Map designation of Commerce/Business
Park is compatible with adjacent industrial land uses to the north and east.

3) The companion Rezoning Case Z-3-23-8, as stipulated, includes standards that
ensure consistency in design and character with the adjacent residentially zoned
properties.




Page 307
Staff Analysis
GPA-SM-1-23-8
Page 2



BACKGROUND

The subject site is 28.32 gross acres and is located at the northeast corner of 12th
Street and Jones Avenue. The subject site is largely vacant and contains one single-
family home. The companion rezoning case Z-3-23-8 is requesting to rezone the subject
site from R-4 RSIO (Multifamily Residence District, Rio Salado Interim Overlay District)
to CP/GCP RSIO (Commerce Park District, General Commerce Park Option, Rio
Salado Interim Overlay District) to allow commerce park uses. The General Plan Land
Use Map designation of the subject site is Residential 10 to 15 dwelling units per acre
and Residential 15+ dwelling units per acre. The proposed General Plan Amendment is
to designate the site as Commerce/Business Park.

SURROUNDING LAND USES

NORTH
North of the subject site are salvage yards, automobile repair, and garbage collection
uses zoned A-1 (Light Industrial District). This area is designated as Parks/Open Space-
Private and Residential 15+ dwelling units per acre on the General Plan Land Use map.

SOUTH
South of the subject site are vacant parcels zoned R-4 (Multifamily Residence District).
This area is designated as Residential 5 to 10 dwelling units per acre on the General
Plan Land Use map.

EAST
East of the subject site are salvage yards zoned A-1 (Light Industrial District). This area
is designated as Parks/Open Space-Private and Residential 15+ dwelling units per acre
on the General Plan Land Use map.

WEST
West of the subject site, across 12th Street, are single-family residences zoned R-4
(Multifamily Residence District). This area is designated as Residential 10 to 15 dwelling
units per acre and Residential 15+ dwelling units per acre on the General Plan Land
Use map.




Page 308
Staff Analysis
GPA-SM-1-23-8
Page 3




Proposed General Plan Land Use Map, Source: City of Phoenix

RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES

BUILD THE SUSTAINABLE CITY
• 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.

As stipulated in the companion Rezoning Case Z-3-23-8, the development will
provide enhanced landscaping, publicly accessible open space on 12th Street,
view fencing along the San Francisco Canal, and shaded sidewalk connections
for pedestrians to comfortably walk north towards the Rio Salado multiuse path
system.

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS
• CLEAN NEIGHBORHOODS; LAND USE PRINCIPLE: Facilitate the
acquisition of vacant, underutilized and blighted parcels for appropriate
redevelopment, compatible with the adjacent neighborhood character and
adopted area plans.

The proposal will facilitate development of this largely vacant lot in a manner that
will be compatible with surrounding developments. The surrounding area




Page 309
Staff Analysis
GPA-SM-1-23-8
Page 4


includes a mix of residential and industrial uses, and the proposal will allow for a
commerce/business park use at an appropriate scale and character. As
stipulated in the Rezoning Case Z-3-23-8, the design and appearance of the
development will be promoted through several stipulations that require enhanced
building frontages, enhanced landscaping, view fencing along the San Francisco
Canal, building elevations that incorporate natural materials, and an open space
area in the northwest corner of the development.

CONNECT PEOPLE AND PLACES
• BICYCLES; DESIGN PRINCIPLES: Development should include convenient
bicycle parking.

The proposal, as stipulated in the Rezoning Case Z-3-23-8, will provide
convenient bicycle parking located near building entrances. The provision of
bicycle parking will encourage the use cycling and the utilization of nearby
bicycle routes along the Rio Salado.

CONCLUSION AND RECOMMENDATION

Staff recommends approval of GPA-SM-1-23-8. The proposed General Plan Land Use
map designation of Commerce/Business Park is consistent in scale and character with
existing land uses in the surrounding area. The land use map designation, as
requested, would further diversify the land uses in this part of the South Mountain
Village in a manner consistent with development patterns based on the existing zoning
and General Plan Land Use Map designations in the general area. Furthermore, the
requested land use map designation provides a transition between the adjacent
industrial development and single-family residential uses.

As stipulated, the concurrent case Z-3-23-8 will enhance the compatibility with the land
use pattern in the surrounding area. Approval of the request, with concurrent case Z-3-
23-8, will support the development of this underutilized property with uses that are
compatible with the land use designations and zoning districts in the general area.

Writer
Samuel Rogers
July 19, 2023

Team Leader
Racelle Escolar

Exhibits
Sketch Maps (2 pages)




Page 310
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-SM-1-23-8 ACRES: 28.32 +/- REVISION DATE:
VILLAGE: South Mountain COUNCIL DISTRICT: 8
APPLICANT: TrammellCrow Company
EXISTING:
Residential 10 to15 du/ac ( 25.93 +/- Acres)
Residential 15+ du/ac ( 2.39 +/- Acres)



Proposed Change Area
Residential 5 to 10 du/ac ELWOOD ST
Residential 10 to 15 du/ac
Residential 15+ du/ac
Commerce/Business Park
Mixed Use (10 to 15 du/ac / Public/Quasi-Public)
Parks/Open Space - Privately Owned




12TH ST 13TH ST 14TH ST
15TH ST

WOOD ST
Maricopa County Assessor's Office

PROPOSED CHANGE:
Commerce/Business Park ( 28.32 +/- Acres)



Proposed Change Area
Commerce/Business Park
ELWOOD ST




12TH ST 13TH ST 14TH ST
15TH ST
WOOD ST
Page 311
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-SM-1-23-8 ACRES: 28.32 +/- REVISION DATE:
VILLAGE: South Mountain COUNCIL DISTRICT: 8
APPLICANT: TrammellCrow Company
EXISTING:
Residential 10 to15 du/ac ( 25.93 +/- Acres)
Residential 15+ du/ac ( 2.39 +/- Acres)



Proposed Change Area
Residential 5 to 10 du/acre
ELWOOD ST
Residential 10 to 15 du/acre
Residential 15+ du/acre
Commerce/Business Park
"
"
"
" Mixed Use (10 to 15 du/ac / Public/Quasi-Public)
E E E E E
"
"
Parks/Open Space - Privately Owned
"
"
E E E E E
E E E E E
E E E E E




12TH ST 13TH ST 14TH ST
15TH ST

WOOD ST

PROPOSED CHANGE:
Commerce/Business Park ( 28.32 +/- Acres)



Proposed Change Area
Commerce/Business Park
ELWOOD ST




12TH ST 13TH ST 14TH ST
15TH ST
WOOD ST
Page 312
ATTACHMENT C




REVISED
Village Planning Committee Meeting Summary
GPA-SM-1-23-8
Date of VPC Meeting August 8, 2023
Request From Residential 10 to 15 dwelling units per acre and
Residential 15+ dwelling units per acre
Request To Commerce/Business Park
Proposal Office, industrial, and warehouse uses
Location Northeast corner of 12th Street and Jones Avenue
VPC Recommendation Denial
VPC Vote 8-1-1

VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Nine members of the public registered to speak on this item, five in favor and four
opposed.

STAFF PRESENTATION

Mr. Rogers presented the proposals, the site location, the surrounding land uses, the
site plan, renderings, staff recommendation, staff findings, and concluded with the
stipulations.

Committee Member Shepard asked why the project was stipulated to a max height of
42 feet, but the proposal showed a 40-foot-tall building. Mr. Rogers stated that the extra
height is to allow a little bit of flexibility for the developer.

Committee Member Holmerud asked why EV bike parking was not stipulated. Mr.
Rogers explained that requiring EV bike parking had become a more common
stipulation in recent months and was not as common when the stipulations for this
project were drafted in March.

APPLICANT PRESENTATION

Mr. Morris, representing the applicant with Withey Morris Baugh, PLC, explained the
history of the site, described the developer, the site location, the surrounding uses, the
site as a buffer use between industrial and residential uses, and a similar project in
Gilbert. Mr. Morris presented the project details, the renderings, the site plan, the traffic




Page 313
South Mountain Village Planning Committee
Meeting Summary
GPA-SM-1-23-8


generation, the economic benefits, commerce park users, community benefits,
environmental benefits, community support, and concluded by summarizing the overall
project benefits.

QUESTIONS FROM THE COMMITTEE

Committee Member Shepard asked how big the pocket park is proposed to be. Mr.
Morris stated that the park is proposed to be about an acre.

Committee Member Brownell described the history of the San Francisco Canal, spoke
about a previous project where the attorney had proposed several small buildings, but
one large building ended up being built, stated he likes this project, but it should go
somewhere else, and stated he has a hard time rezoning from a multifamily residence
district in the midst of a housing crisis.

Committee Member Marchuk stated he recently drove around the area and sees the
logic in the argument for transitional zoning but noticed a multifamily development
adjacent to a salvage yard. Committee Member Marchuk stated he has a hard time with
the argument that residential will not develop adjacent to a salvage yard. Chair Daniels
stated the development Committee Member Marchuk referenced is the Salt River Flats.

Committee Member Roque stated that she read the letters of support from the
community, stated that the letters were primarily all form letters from businesses, and
asked if any of the businesses in support are interested in occupying the site. Mr.
Morris stated that those that submitted letters of support are current owners and
tenants of sites in the area, so they are not potential tenants.

Chair Daniels stated that the City is pushing for affordable housing, stated that it is
hard to get community residents behind rezoning to multifamily, stated that this site
could be used for affordable housing, stated that it feels disrespectful to say “who would
want to live next to a salvage yard”, and asked why the developer is not using a site
already zoned for this use.

PUBLIC COMMENT

Mark Cardenas stated he is with Ironworkers Local 75, explained the Ironworkers Local
75 is made up of 641 members and has a 50% Native American membership. Mr.
Cardenas stated that the Ironworkers Local 75 is in support of this project.

Randall Singh stated he grew up in this community, raised cattle on the site, asked if
the industrial sites across the river all have tenants, and asked how many times the City
had built a park at the Rio Salado and knocked it down. Committee Member Busching
asked if Mr. Randall Singh is in opposition to the development. Mr. Randal Singh stated
he would like the committee to take his emotions and what he is saying.




Page 314
South Mountain Village Planning Committee
Meeting Summary
GPA-SM-1-23-8



Mousa Salahi stated he owns seven acres south of this property where he is planning
on building multifamily, explained he does not want to see a 40 foot wall next to his
development, stated that if this project goes forward he may change his plans to build,
and stated he is opposed to the rezoning.

Greg Best stated he has lived in the area since 1995, stated he owns several
properties in the area, stated the Salt River Flats was his project, and stated he is doing
several multifamily developments in the surrounding area. Mr. Best stated that the
property has not been developed due to a legal battle within the family that owns the
site, stated he uses the San Francisco Canal for irrigation, stated that he rides his bike
to Tempe every night, and stated that the AZ Fresh site was supposed to be a park. Mr.
Best stated that the site should remain residential because there is so much industrial in
the area.

Roderick Singh Sr. stated that he grew up on the subject site, stated there is a ton of
history in the San Francisco Canal, stated he used to walk to school through this area,
and stated this site had the last standing Indian-Asian owned farmhouse before it was
knocked down during the pandemic. Committee Member Busching asked about the
existing home on the site. Mr. Roderick Singh Sr. stated that the existing home was built
by his father and is occupied by his mother, spoke about the history of the site, stated
the site has not been developed because it was not for sale, stated he had hopes to
start a farm there again, and stated he did not know how the property had come to be
zoned for multifamily residential. Committee Member Shepard asked if his family still
owned the land. Mr. Roderick Singh Sr. stated that his mother owns the land and lives
in the existing house, stated that his grandfather had left the land in undivided interest
before to his family before his parents separated and his mom took everything, and
stated that there is an elderly abuse case on file with the state of Arizona due to his
nephew who took a $500,000 loan against the property. Committee Member Busching
clarified that Trammel Crow has the site in escrow contingent on the rezoning. Mr.
Roderick Singh Sr. confirmed that Trammel Crow has the site in escrow, stated that he
does not know how the historic farmhouse was allowed to be demolished, and stated
that he is opposed to the development. Committee Member Marchuk asked if Mr.
Roderick Singh Sr. is against development on the site in general or opposed to the
commerce park use specifically. Mr. Roderick Singh Sr. stated that he is in support of
residential development of the site.

Roderick Singh Jr. stated that he uses the San Francisco Canal for irrigation, stated
he has found Native American artifacts in the canal, stated that he does not think this is
the right place for the proposed development, stated that there is a need for affordable
housing in the area, stated he is against the development, explained that the pocket
park is proposed because the park location is not usable for the development, and
stated that many people would be happy to live next to a salvage yard if it is a place
they can call their own.




Page 315
South Mountain Village Planning Committee
Meeting Summary
GPA-SM-1-23-8



APPLICANT RESPONSE

Mr. Morris apologized for mischaracterizing the property, stated he grew up in the area,
stated that while someone may be willing to live next to salvage yard, it is much more
difficult to find someone who is willing to pay to build there, and agreed that the pocket
park is an unusable piece of land but stated that most developers would landscape the
area and leave it alone, while Trammel Crow is willing to provide a neighborhood
amenity. Mr. Morris stated that R-4 allows for tall buildings with less open space, stated
that this property was passed on for multifamily, and stated that a commerce park buffer
will help catalyze multifamily development in the area.

FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE

Committee Member Brooks stated that in the past there was a process to encourage
people to sit down and talk about their concerns. Chair Daniels asked how many
meetings had been held. Mr. Morris stated that there had been four individual and
community meetings.

Committee Member Marchuk stated that hearing that the Salt Flats development is
low-income makes him think the site is not likely to be developed as multifamily, stated
that the proposal offers an appropriate transition from the industrial uses, and stated he
does not want to see more commerce park zoning extend to the south.

Chair Daniels stated that the City is pushing affordable housing, stated that an
apartment had just been built on 7th Avenue next to an electrical substation and
industrial uses, stated that text amendments had just been approved to address
housing, stated that timing is everything for the development of multifamily housing, and
stated that the beautification of a canal can cause adjacent properties to be considered
premium lots.

Committee Member Marchuk stated he is hearing many vocal members of the
community, but there are many letters of support.

Committee Member Busching stated that she printed out a screenshot from My
Community Map that shows a cohesive area of R-4 zoned properties and stated the
committee should not recommend approval.

MOTION
Committee Member Busching made a motion to recommend denial of GPA-SM-1-23-
8, Committee Member Holmerud seconded the motion.




Page 316
South Mountain Village Planning Committee
Meeting Summary
GPA-SM-1-23-8


VOTE
8-1-1, motion to recommend denial of GPA-SM-1-23-8 passed with Committee
Members Aldama, Brooks, Brownell, Busching, F. Daniels, Holmerud, Roque, and T.
Daniels in favor, Committee Member Marchuk opposed, and Committee Member
Shepard abstained.

STAFF COMMENTS REGARDING VPC RECOMMENDATION:

None.




Page 317
ATTACHMENT D


REPORT OF PLANNING COMMISSION ACTION
November 2, 2023

ITEM NO: 3
DISTRICT NO.: 8
SUBJECT:

Application #: GPA-SM-1-23-8 (Companion Case Z-3-23-8)
(Continued from October 5, 2023)
Location: Northeast corner of 12th Street and Jones Avenue
From: Residential 10 to 15 dwelling units per acre and Residential 15+ dwelling
units per acre
To: Commerce/Business Park
Acreage: 28.32
Proposal: Minor General Plan Amendment to allow office, industrial, and warehouse
uses
Applicant: Trammell Crow Company
Owner: Brow USA Inc., et al.
Representative: Jason Morris, Withey Morris Baugh, PLC

ACTIONS:

Staff Recommendation: Approval.

Village Planning Committee (VPC) Recommendation:
South Mountain 8/8/2023 Denial. Vote: 8-1-1.

Planning Commission Recommendation: Approval, per the staff recommendation.

Motion Discussion: N/A

Motion details: Commissioner Mangum made a MOTION to approve GPA-SM-1-23-8, per the
staff recommendation.

Maker: Mangum
Second: Gorraiz
Vote: 5-4 (Boyd, Busching, Jaramillo, and Perez)
Absent: None
Opposition Present: Yes

Findings:

1. The subject site exceeds 10 acres, which requires a minor General Plan Amendment
to the Land Use Map

2. The proposed General Plan Land Use Map designation of Commerce/Business Park is
compatible with adjacent industrial land uses to the north and east.

3. The companion Rezoning Case Z-3-23-8, as stipulated, includes standards that ensure
consistency in design and character with the adjacent residentially zoned properties.

This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz 602-602-291-2559, TTY use 7-1-1

Page 318
PLANNING AND DEVELOPMENT DEPARTMENT



To: Alan Stephenson Da�: November17,2023
Deputy City Manager

From: Joshua Bednarek��
Planning and Development Director

Subject: CONTINUANCE OF ITEM 102 ON THE DECEMBER 6, 2023, FORMAL AGENDA
- PUBLIC HEARING/FORMAL ACTION - REZONING APPLICATION GPA-SM-
1-23-8 - NORTHEAST CORNER OF12TH STREET AND JONES AVENUE
(RESOLUTION 22170)

Item102,Rezoning Application GPA-SM-1-23-8, is a request to rezone 28.32 acres
located at the northeast corner of 12th Street and Jones Avenue, from Residential10 to
15 dwelling units per acre (25.93 acres) and Residential 15+ dwelling units per acre
(2.39 acres) to Commerce/Business Park (28.32 acres) for a minor General Plan Map
Amendment to allow office, industrial, and warehouse uses.

The applicant requested the item be continued to the January 3, 2024, City Council
changes to the project.

Staff concurs with this request for continuance.




Approved: ��# �
Alan Stephens;;:;pu:ty Manager



Attachment:
Exhibit A - Applicant's request for continuance




Page 319
Page 320



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
***ADDITIONAL INFORMATION (SEE ATTACHED MEMO)*** (CONTINUED FROM
DEC. 6, 2023) - Public Hearing and Ordinance Adoption - Rezoning Application Z-
3-23-8 - Northeast Corner of 12th Street and Jones Avenue (Ordinance G-7199)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
-4 RSIOD (Multifamily Residence District, Rio Salado Interim Overlay District) to
CP/GCP RSIOD (Commerce Park District/General Commerce Park Option, Rio
Salado Interim Overlay District) to allow office, industrial, and warehouse. This is a
companion case to GPA-SM-1-23-8 and must be heard following GPA-SM-1-23-8.

Summary
Current Zoning: R-4 RSIOD
Proposed Zoning: CP/GCP RSIOD
Acreage: 28.32
Proposal: Office, industrial, and warehouse

Owner: Brow USA Inc., et al.
Applicant: Trammell Crow Company
Representative: Jason Morris, Withey Morris Baugh, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The South Mountain Village Planning Committee heard this case on Aug.
8, 2023, and recommend denial, by a vote of 8-1-1.
PC Action: The Planning Commission continued this item on Sept. 7, 2023, by a vote
of 6-0. The Planning Commission continued this item on Oct. 5, 2023, by a vote of 7-0.
The Planning Commission heard this case on Nov. 2, 2023, and recommended
approval, per the staff recommendation, by a vote of 5-4.

Location
Northeast corner of 12th Street and Jones Avenue
Council District: 8
Parcel Address: 3607, 3639, 3831 and 3839 S. 12th St.



Page 321


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




Page 322
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-3-23-8) FROM R-4 RSIOD (MULTIFAMILY
RESIDENCE DISTRICT, RIO SALADO INTERIM OVERLAY
DISTRICT) TO CP/GCP RSIOD (COMMERCE PARK
DISTRICT/GENERAL COMMERCE PARK OPTION, RIO SALADO
INTERIM OVERLAY DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 28.32-acre site located at the northeast

corner of 12th Street and Jones Avenue in a portion of Section 21, Township 1 North,

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

4 RSIOD” (Multifamily Residence District, Rio Salado Interim Overlay District) to

“CP/GCP RSIOD” (Commerce Park District/General Commerce Park Option, Rio

Salado Interim Overlay District).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”




Page 323
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. A minimum of 1.7% of the gross site area shall be provided as publicly-
accessible open space, located in the northwest corner of the subject site as
shown on the site plan date stamped April 11, 2023, as approved by the
Planning and Development Department.

2. The ground floor storefront area (the first 10 feet from grade) of the southern
façade of Building 1 and northern façade of Building 2, as shown on the site plan
date stamped April 11, 2023, shall incorporate a minimum of 25% of accent
materials. The accent materials may include adobe, glass, metal (including
rusted metal), stone, stone veneer, and/or wood, as approved by Planning and
Development Department.

3. The elevation facade facing 12th Street shall be in general conformance with the
renderings date stamped April 11, 2023, with specific regard to the mix of
materials, glazing, entry features, and accent colors. Glazing at the ground floor
storefront area (the first 10 feet from grade) shall be a minimum of 50% of the
western façade facing 12th Street.

4. The maximum building height shall be 42 feet.

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

6. One bicycle space per 25 vehicle parking spaces, for a maximum of 25 spaces,
shall be provided through Inverted U and/or artistic racks located near the
building entrances or in a secure location inside the building and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as approved
by the Planning and Development Department.

7. A minimum of three outdoor employee resting areas shall be provided along the
north and northeastern portions of the site. The following elements shall be
provided, as approved by the Planning and Development Department:

a. Each resting area shall be a minimum of 200 square feet.

b. A pathway shall be provided to connect the buildings to these resting
areas and to the public sidewalk.



Page 324
c. Each resting area shall contain a minimum of two seating benches
constructed of quality and durable materials.

d. Each resting area shall be shaded to a minimum of 75% using minimum
2-inch caliper large canopy drought-tolerant shade trees and/or
architectural shade.

8. If a perimeter fencing is proposed adjacent to the San Francisco Canal, the
fencing shall be a minimum of 75% view fencing, as approved by the Planning
and Development Department. Any perimeter fencing requirement by the City of
Phoenix are subject to review and approval of SRP.

9. The development shall utilize the C-2 streetscape landscape standards for
planting type, size and quantity within the required landscape setbacks along the
12th Street and Jones Avenue frontages, as approved by the Planning and
Development Department.

10. A minimum of one milkweed shrub, or other native nectar species, shall be
planted for every required tree in addition to the required shrubs, and shall be
planted in groups of three or more, as approved by the Planning and
Development Department.

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

12. A minimum 5-foot-wide detached sidewalk and minimum 5-foot-wide landscape
strip located between the back of curb and sidewalk shall be provided along the
east side of 12th Street, as approved by the Planning and Development
Department and planted to the following standards:

a. A watering drip system to sustain trees within the right-of-way and/or
sidewalk easement shall be provided and maintained along 12th Street.

b. Fifty percent of the trees shall be minimum 2-inch caliper and 50 percent
of the trees shall be minimum 3-inch caliper, with five 5-gallon shrubs
per tree.

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

13. A minimum 30 feet of right-of-way shall be dedicated along the north side of
Jones Avenue for the length of the development to the western boundary of APN
113-26-019, as approved by the Planning and Development Department.



Page 325
14. Trucks shall be prohibited from exiting onto Jones Avenue. This shall be
implemented through the design of the site, signage, a combination thereof, or
other methods, as approved by the Planning and Development Department.

15. The developer shall submit a traffic impact study for this development. No
preliminary approval of plans shall be granted until the study has been reviewed
and approved by the City.

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. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

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

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

20. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder's Office and delivered to the City to be included in the rezoning
application file for record.

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 6th day of December,

2023.



Page 326
________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 327
EXHIBIT A

LEGAL DESCRIPTION FOR Z-3-23-8

A PORTION OF THE WESTERLY RIGHT-OF-WAY OF 12TH STREET
AND A PORTION OF THE SOUTH HALF OF SECTION 21,
TOWNSHIP 1 NORTH, RANGE 3 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, ALSO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A NAIL WITH NO /DENT/FICA TION MARKING THE
SOUTH QUARTER CORNER OF SAID SECTION 21 FROM WHICH A
3-INCH CITY OF PHOENIX BRASS CAP IN HANDHOLE (0.60' DOWN)
MARKING THE SOUTHEAST CORNER OF SAID SECTION 21 BEARS
NORTH 89 DEGREES 54 MINUTES 54 SECONDS EAST
2655.42 FEET, SAID DESCRIBED LINE BEING THE BASIS OF
BEARINGS FOR THIS DESCRIPTION;

THENCE NORTH 02 DEGREES 18 MINUTES 52 SECONDS WEST
1378.42 FEET ALONG THE MONUMENT LINE OF 12TH STREET TO A
3-INCH CITY OF PHOENIX BRASS CAP FLUSH MARKING ITS
INTERSECTION WITH JONES A VENUE AND THE POINT OF
BEGINNING;

THENCE CONTINUING NORTH 02 DEGREES 18 MINUTES 52 SECONDS
WEST 229.65 FEET ALONG SAID MONUMENT LINE;

THENCE NORTH 08 DEGREES 01 MINUTES 07 SECONDS EAST
897.61 FEET CONTNUING ALONG SAID MONUMENT LINE TO THE
TO THE SOUTHERLY LINE OF THE NORTH BRANCH SAN
FRANCISCO CANAL;

THENCE CONTINUING ALONG SAID SOUTHERLY LINE THE
FOLLOWING FIVE CALLS:

THENCE SOUTH 71 DEGREES 37 MINUTES 37 SECONDS EAST
414.95 FEET;

THENCE SOUTH 02 DEGREES 50 MINUTES 05 SECONDS EAST 15.04
FEET;

THENCE SOUTH 30 DEGREES 22 MINUTES 40 SECONDS EAST 21.27
FEET;

THENCE SOUTH 81 DEGREES 02 MINUTES 54 SECONDS EAST
165.02 FEET;




Page 328
THENCE SOUTH 64 DEGREES 53 MINUTES 02 SECONDS EAST
202.31 FEET TO THE SOUTH LINE OF THAT 20 FOOT PUBLIC
RIGHT-OF-WAY DESCRIBED IN BOOK 10 OF MAPS, PAGE 22,
RECORDS OF MARICOPA COUNTY, ARIZONA;

THENCE SOUTH 60 DEGREES 41 MINUTES 58 SECONDS EAST
298. 75 FEET ALONG SAID SOUTH LINE TO THE TO THE
SOUTHERLY LINE OF SAID NORTH BRANCH SAN FRANCISCO
CANAL;

THENCE CON NNUING ALONG SAID SOUTH LINE THE FOLLOWING
SEVEN CALLS:

THENCE SOUTH 51 DEGREES 19 MINUTES 36 SECONDS EAST
16.51 FEET;

THENCE SOUTH 32 DEGREES 46 MINUTES 20 SECONDS EAST 236.04
FEET;

THENCE SOUTH 27 DEGREES 08 MINUTES 09 SECONDS EAST 98.31
FEET;

THENCE SOUTH 35 DEGREES 57 MINUTES 34 SECONDS EAST 122.11
FEET;

THENCE SOUTH 50 DEGREES 21 MINUTES 55 SECONDS EAST 227.39
FEET;

THENCE SOUTH 71 DEGREES 19 MINUTES 17 SECONDS EAST 210.44
FEET;

THENCE SOUTH 74 DEGREES 24 MINUTES 13 SECONDS EAST
107.32 FEET TO THE NORTHERL Y PROLONGATION OF THE NORTH
LINE OF THE FINAL PLAT FOR SALT RIVER FLA TS, RECORDED IN
BOOK 1693 OF MAPS, PAGE 39, RECORDS OF MARICOPA
COUNTY, ARIZONA;

THENCE SOUTH 11 DEGREES 35 MINUTES 28 SECONDS WEST
55.36 FEET ALONG SAID NORTH LINE;

THENCE SOUTH 89 DEGREES 49 MINUTES 22 SECONDS WEST
1851.88 FEET CON T I NUING ALONG SAID NORTH LINE TO THE
POINT OF BEGINNING.

COMPRISING OF 1,220,584 SQUARE FEET MORE OR LESS.




Page 329
Page 330
ATTACHMENT B




**REVISED
Staff Report: Z-3-23-8
August 4, 2023

South Mountain Village Planning August 8, 2023
Committee Hearing Date:
Planning Commission Hearing Date: September 7, 2023

Request From: R-4 RSIOD (Multifamily Residence District)
(Rio Salado Interim Overlay District) (28.32
acres)
Request To: CP/GCP RSIOD (Commerce Park
District/General Commerce Park Option)
(Rio Salado Interim Overlay District) (28.32
acres)
Proposal: Office, industrial, and warehouse
Location: Northeast corner of 12th Street and Jones
Avenue
Owner: Brow USA Inc., et al.
Applicant: Trammell Crow Company
Representative: Jason Morris, Withey Morris Baugh, PLC
Staff Recommendation: Approval, subject to stipulations


General Plan Conformity
Current: Residential 10 to 15 dwelling
units per acre (25.93 acres) and
Residential 15+ dwelling units per acre
General Plan Land Use Map Designation (2.39 acres)
Pending (GPA-SM-1-23-8):
Commerce/Business Park
Minor
12th Street 33-foot east half street
Collector

Street Map Classification Jones Avenue Local 0-foot north half street

16-foot south half
Encinas Lane Local
street




Page 331
Staff Report: Z-3-23-8
August 4, 2023


General Plan Conformity
BUILD THE SUSTAINABLE CITY; 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 proposal, as stipulated, will provide enhanced landscaping, publicly accessible open
space on 12th Street, view fencing along the San Francisco Canal, and shaded sidewalk
connections for pedestrians to comfortably walk north towards the Rio Salado multiuse
path system.
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE VALUE;
CLEAN NEIGHBORHOODS; LAND USE PRINCIPLE: Facilitate the acquisition of
vacant, underutilized and blighted parcels for appropriate redevelopment,
compatible with the adjacent neighborhood character and adopted area plans.
The proposal will facilitate development of this largely vacant lot in a manner that will be
compatible with surrounding developments. The surrounding area includes a mix of
residential and industrial uses, and the proposal will allow for a commerce/business park
use at an appropriate scale and character as a transition between the surrounding
industrial and residential uses. As stipulated, the design and appearance of the
development will be promoted through several stipulations that require architectural
variation, enhanced landscaping, view fencing along the San Francisco Canal, building
elevations that incorporate natural materials, and an open space area in the northwest
corner of the development.
CONNECT PEOPLE AND PLACES; BICYCLES; DESIGN PRINCIPLES: Development
should include convenient bicycle parking.
The proposal, as stipulated, will provide convenient bicycle parking located near building
entrances. The provision of bicycle parking will encourage the use cycling and the
utilization of nearby bicycle routes along the Rio Salado.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new development
and redevelopment projects throughout Phoenix
The proposal provides trees and shade on 12th Street and Jones Avenue, in the parking
area, and over pedestrian pathways which will reduce the urban heat island effect while
also improving thermal comfort to site users and the surrounding neighborhood.




Page 332
Staff Report: Z-3-23-8
August 4, 2023


Applicable Plans, Overlays and Initiatives

Rio Salado Interim Overlay District – See Background Item No. 6.
Comprehensive Bicycle Master Plan – See Background Item No.7.
Complete Streets Guiding Principles – See Background Item No. 8.
Tree and Shade Master Plan – See Background Item No. 9.
Zero Waste PHX – See Background Item No. 10.
Monarch Butterfly Pledge – See Background Item No. 11.


Surrounding Land Uses/Zoning
Land Use Zoning
On Site Vacant and single-family home R-4 RSIOD
Salvage yard and automobile
North A-1 RSIOD
repair
South Vacant R-4 RSIOD
East Salvage yard A-1 RSIOD
Single-family and multifamily
West (Across 12th Street) R-4 RSIOD
residences


Commerce Park / General Commerce Park District
Standards Requirements Met or Not Met
Minimum Building Setbacks
Perimeter Street (12th 30 feet 96 feet (Met)
Street)
Perimeter Street 30 feet 96 feet (Met)
(Jones Avenue)
Perimeter Street/Canal 30 feet 96 feet (Met)
(Encinas Lane)
Minimum Landscaped Setbacks
Perimeter Street (12th 30 feet 30 feet (Met)
Street)
Perimeter Street 30 feet 30 feet (Met)
(Jones Avenue)
Perimeter Street/Canal 30 feet 30 feet (Met)
(Encinas Lane)



Page 333
Staff Report: Z-3-23-8
August 4, 2023


Commerce Park / General Commerce Park District
Standards Standards Standards
Maximum Lot 50% 31.77% (Met)
Coverage

Maximum Building 18-foot maximum height is 40 feet maximum height (Met,
Height permitted within 30 feet of requires a 60-foot building
the perimeter lot line, then setback from the property lines)
one-foot of additional height
is allowed for every 3 feet of
additional setback,
maximum 56 feet to 80 feet
with a use permit and site
plan.
Minimum Parking Unspecified Use (Shell 564 spaces provided (Met)
Building): For buildings
between 150,001 square
feet to 500,000 square feet,
1 space per 2,000 square
feet.
183 required spaces

Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone a 28.32-acre site located at the northeast corner of
12th Street and Jones Avenue from R-4 RSIOD (Multifamily Residence District,
Rio Salado Interim Overlay District) to CP/GCP RSIOD (Commerce Park District,
General Commerce Park Option, Rio Salado Interim Overlay District) for
office/industrial/warehouse.

The subject site is within one-half mile of the Rio Salado and across the street
from the proposed Arizona Fresh development located to the north. Additionally,
the San Francisco Canal (Encinas Lane alignment) runs along the northeast
portion of the subject site. The subject site is largely vacant and contains one
single-family home.

2. The General Plan Land Use Map designation for this site is Residential 10 to 15
dwelling units per acre and Residential 15+ dwelling units per acre. The General
Plan Land Use Map designation to the north is Parks/Open space – Privately
Owned and to the east is Residential 15+ dwelling units per acre. The area to the
south of the subject site is designated Residential 5 to 10 dwelling units per acre
and the area to the west is designated Residential 10 to 15 dwelling units per
acre and Residential 15+ dwelling units per acre. The requested CP/GCP



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August 4, 2023


RSIOD zoning district is not consistent with the General Plan Land Use Map
designation, a General Plan amendment is required. To ensure consistency with
the General Plan, a concurrent General Plan Land Use Map amendment, GPA-
SM-1-23-8, is proposed to change the land use map designation to
Commerce/Business Park. The requested zoning district is consistent with the
proposed General Plan Land Use Map designation.

General Plan Land Use Map, Source: Planning and Development Department




EXISTING CONDITIONS AND SURROUNDING ZONING
3. The subject site is zoned R-4 RSIOD and is currently vacant. To north of the
subject site are salvage yards and automobile repair uses zoned A-1 RSIOD
(Light Industrial District, Rio Salado Interim Overlay District) and to the south of
the subject site are vacant parcels zoned R-4 RSIOD (Multifamily Residence
District, Rio Salado Interim Overlay District). To the east of the subject site are
salvage yards zoned A-1 RSIOD (Light Industrial District, Rio Salado Interim


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August 4, 2023


Overlay District) and to the west of the subject site, across 12th Street, are
single-family and multifamily residences zoned R-4 RSIOD (Multifamily
Residence District, Rio Salado Interim Overlay District). The subject site and
surrounding properties are all with the Rio Salado Interim Overlay District
(RSIOD). More information about this overlay district is provided in Background
Item No. 5.

PROPOSAL
4. As shown on the conceptual site plan attached as an exhibit, the proposal is for
three buildings that are 40 feet tall to the building ridge and 45 feet tall to the top
of the parapet. The applicant states that the structures will be used for office,
industrial, and warehouse uses. Parking is located along the borders of the
development with a 30-foot landscape setback separating the parking from 12th
Street. There is an open space area on the northwest corner of the development
(Stipulation No. 1) that includes pedestrian pathways that connect to a
pedestrian network encircling the site. The pedestrian network runs along the
San Francisco Canal (Encinas Lane alignment) and ties back into the sidewalk
along 12th Street. Bicycle parking is located on the west side of Building 1 and 2
and the trash enclosure is located between Buildings 1 and 2.

Conceptual Site Plan, Source: DLR Group




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August 4, 2023


The conceptual rendering, attached as an exhibit, demonstrates the three
buildings’ elevations, and illustrates the structures’ architectural variation, earth
tone colors, and glazing. The conceptual rendering also demonstrates the open
space area in the northwest corner of the development that provides pedestrians
paths, seating, and structural shade.

Conceptual Rendering, Source: DLR Group




The proposal will provide bicycle infrastructure, will enhance the streetscape
along 12th Street, and will be integrated into the natural environment. Staff
recommends Stipulation No. 6 which requires the development to provide a
minimum of one bicycle space per 25 vehicle parking spaces, for a maximum of
25 spaces. Furthermore, Stipulation Nos. 2 and 3 require the building elevations
to incorporate accent materials consistent with the natural environment and that
elements such as architectural variation and glazing on the building frontages
along 12th Street be provided. Stipulation No. 4 limits the maximum building
height to 42 feet and to enhance pedestrian safety. Stipulation No. 5 requires
pavement treatments that visually contrast parking and drive aisles where
pedestrian walkways cross a vehicular path. Stipulation No. 7 requires a
minimum of three employee resting areas located along the north and
northeastern portions of the site. To promote activation along the canal,
Stipulation No. 8 requires that, if fencing is proposed along the San Francisco
Canal, it shall be a minimum of 75 percent view fencing. To provide enhanced
shade Stipulation Nos. 9 and 12 require C-2 streetscape standards along 12th
Street and Jones Avenue and require a detached sidewalk along 12th Street
with a five-foot-wide landscape strip.




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August 4, 2023


RIO REIMAGINE PROJECT
5. To support and enhance the RioReimagine Project the proposal is required to
provide enhanced landscaping along 12th Street and Jones Avenue,
architectural variation, view fencing along the San Francisco Canal (if fencing is
proposed), an enhanced pedestrian network, detached sidewalks along 12th
Street, parking lot shade, and Milkweed Shrubs. These are addressed in
Stipulation Nos. 2, 3, and 7 through 12.

AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
6. Rio Salado Interim Overlay District
The subject site is located within the Rio Salado Interim Overlay District
(RSIOD). The district is designed to “control open, outdoor land uses and other
uses in order to have a positive impact on the Rio Salado Habitat Restoration
Project and add to the long-term value of adjacent land.” The Rio Salado Interim
Overlay District does not restrict business/commerce park uses, and requires
that the CP/GCP development standards apply to sites 10 acres or larger zoned
A-1 and A-2. The proposal is consistent with the intent of the Rio Salado Interim
Overlay District.

7. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its Bikeway System and supportive infrastructure. The
Comprehensive Bicycle Master Plan supports options for both short- and long-
term bicycle parking as a means of promoting bicyclist traffic to a variety of
destinations. To create a bike-supportive environment for residents, bicycle
infrastructure is incorporated into the proposed project. Staff recommends
Stipulation No. 6 which will require one bicycle space per 25 vehicle parking
spaces, up to 25 bicycle spaces.

8. 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. Per Stipulation No. 12, the proposal
includes shaded, detached sidewalks along 12th Street, which will increase the
thermal comfort and usability for those walking to and from the adjacent
neighborhood, the Rio Salado multiuse trail network, and the Arizona Fresh
Development. The proposal also includes bicycle parking spaces as required in
Stipulation No. 6.

9. Tree and Shade Master Plan
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached
from the curbs to allow trees to be planted on both sides of the sidewalk to



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August 4, 2023


provide thermal comfort for pedestrians and to reduce the urban heat island
effect. Stipulation No. 11 will limit the impact of the urban heat island effect by
requiring all uncovered parking lot areas to be shaded to a minimum of 25
percent. Additionally, Stipulation Nos. 9 and 12 require C-2 streetscape
standards along 12th Street and Jones Avenue and require a detached
sidewalks along 12th Street with a five-foot-wide landscape strip.

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. Recycling has not been addressed as part of this
proposal.

11. Monarch Butterfly Pledge
In April 2021, Mayor Kate Gallego signed the National Wildlife Federation's
Mayor's Monarch Pledge. This pledge commits the city to take action to support
the monarch butterfly population. In the United States, loss of milkweed habitat is
a major factor in the decline of the monarchs. Arizona has at least 29 species of
milkweed native to the state. Adult monarchs feed on the nectar of many flowers,
but they breed only where milkweeds are found. To support the monarch
butterfly population, Stipulation No. 10 addresses the planting of milkweed
shrubs, or other native nectar plant species, on the subject site.

COMMUNITY INPUT SUMMARY
12. As of the writing of this report, 18 letters of support have been received for the
request.

INTERDEPARTMENTAL COMMENTS
13. The Street Transportation Department requested that all streets be constructed
with the required improvements and comply with current ADA standards and that
the developer dedicate 30 feet of right-of-way along the north side of Jones
Avenue. The developer will also be required to construct detached sidewalks
along 12th Street and submit a Traffic Impact Study. Additionally, the Street
Transportation Department requested that no truck access be permitted along
Jones Avenue. These are addressed in Stipulation Nos. 12, 13, 14, 15, and 16.

OTHER
14. The site is located in a larger area identified as being archaeologically sensitive.
If further review by the City of Phoenix Archaeology Office determines the site
and immediate area to be archaeologically sensitive, and if no previous
archaeological projects have been conducted within this project area, it is



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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. 17, 18, and 19.

15. Staff has not received a completed form for the Waiver of Claims for Diminution
in Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required
by the rezoning application process. Therefore, a stipulation has been added to
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 20.

16. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements.
Zoning adjustments, abandonments or other formal actions may also be
required.

Findings

1. The proposal will develop a largely vacant property and as stipulated, will be
compatible with the surrounding land uses.

2. The proposal is consistent with the proposed General Plan Land Use Map
designation of Commerce/Business Park and provides a compatible transitional
use between the adjacent industrial land uses to the north and east, and the
residential uses to the south and west.

3. The stipulated landscape and building elevation standards are above the
required minimum Zoning Ordinance standards and will make the proposal a
compatible addition to the neighboring area.

Stipulations

1. A minimum of 1.7% of the gross site area shall be provided as publicly-
accessible open space, located in the northwest corner of the subject site as
shown on the site plan date stamped April 11, 2023, as approved by the
Planning and Development Department

2. The ground floor storefront area (the first 10 feet from grade) of the southern
façade of Building 1 and northern façade of Building 2, as shown on the site
plan date stamped April 11, 2023, shall incorporate a minimum of 25% of



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accent materials. The accent materials may include adobe, glass, metal
(including rusted metal), stone, stone veneer, and/or wood, as approved by
Planning and Development Department.

3. The elevation facade facing 12th Street shall be in general conformance with
the renderings date stamped April 11, 2023, with specific regard to the mix of
materials, glazing, entry features, and accent colors. Glazing at the ground
floor storefront area (the first 10 feet from grade) shall be a minimum of 50% of
the western façade facing 12th Street.

4. The maximum building height shall be 42 feet.

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

6. One bicycle space per 25 vehicle parking spaces, for a maximum of 25
spaces, shall be provided through Inverted U and/or artistic racks located near
the building entrances or in a secure location inside the building and installed
per the requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department.

7. A minimum of three outdoor employee resting areas shall be provided
along the north and northeastern portions of the site. The following elements
shall be provided, as approved by the Planning and Development Department:

a. Each resting area shall be a minimum of 200 square feet.

b. A pathway shall be provided to connect the buildings to these resting
areas and to the public sidewalk.

c. Each resting area shall contain a minimum of two seating benches
constructed of quality and durable materials.

c. Each resting area shall be shaded to a minimum of 75% using minimum 2-
inch caliper large canopy drought-tolerant shade trees and/or architectural
shade.

8. If a perimeter fencing is proposed adjacent to the San Francisco Canal, the
fencing shall be a minimum of 75% view fencing, as approved by the Planning
and Development Department. Any perimeter fencing requirement by the City
of Phoenix are subject to review and approval of SRP.

9. The development shall utilize the C-2 streetscape landscape standards for



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planting type, size and quantity within the required landscape setbacks along
the 12th Street and Jones Avenue frontages, as approved by the Planning and
Development Department.

10. A minimum of one milkweed shrub, or other native nectar species, shall be
planted for every required tree in addition to the required shrubs, and shall be
planted in groups of three or more, as approved by the Planning and
Development Department.

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

12. A minimum 5-foot-wide detached sidewalk and minimum 5-foot-wide
landscape strip located between the back of curb and sidewalk shall be
provided along the east side of 12th Street, as approved by the Planning and
Development Department and planted to the following standards:

a. A watering drip system to sustain trees within the right-of-way and/or
sidewalk easement shall be provided and maintained along 12th Street.

b. Fifty percent of the trees shall be minimum 2-inch caliper and 50 percent
of the trees shall be minimum 3-inch caliper, with five 5-gallon shrubs per
tree.

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

13. A minimum 30 feet of right-of-way shall be dedicated along the north side of
Jones Avenue for the length of the development to the western boundary of
APN 113-26-019, as approved by the Planning and Development Department.

14. Trucks shall be prohibited from exiting onto Jones Avenue. This shall be
implemented through the design of the site, signage, a combination thereof, or
other methods, as approved by the Planning and Development Department.

15. The developer shall submit a traffic impact study for this development. No
preliminary approval of plans shall be granted until the study has been
reviewed and approved by the City.

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



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

17. If determined necessary by the Phoenix Archaeology Office, the applicant
shall conduct Phase I data testing and submit an archaeological survey report
of the development area for review and approval by the City Archaeologist
prior to clearing and grubbing, landscape salvage, and/or grading approval.

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

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

20. Prior to preliminary site plan approval, the landowner shall execute
a Proposition 207 waiver of claims form. The waiver shall be recorded with
the Maricopa County Recorder's Office and delivered to the City to be
included in the rezoning application file for record.

Writer
Samuel Rogers
August 4, 2023

Team Leader
Racelle Escolar

Exhibits
Sketch Map
Aerial Map
Conceptual Site Plan Date Stamped April 11, 2023
Conceptual Elevation Renderings Date Stamped April 11, 2023 (6 pages)
Correspondence (20 pages)




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A-2*
Z-26-11




A-2

A-1
ELWOOD ST




Rio Salado
Interim Overlay
District

A-1
ILLINI ST




ODEUM LN




ENC
IN AS L
JONES AVE N



12TH ST
C-3 *

14TH ST
Z-47-08

R-4 16TH ST


13TH ST
C-3
15TH ST

WOOD ST



7TH AVE


I Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.085 0.0425 0 0.085 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD



Z-3-23



APPLICANT'S NAME: REQUESTED CHANGE:
TrammellCrow Company
FROM:

DATE:
2/01/2023
R-4 RSIO ( 28.32 a.c.)
APPLICATION NO.
Z-3-23 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
28.32 Acres QS 5-29, QS 5-30 E-8, E-9 TO: CP/GCP RSIO ( 28.32 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-4 RSIO 821 985
CP/GCP RSIO N/A N/A

* Maximum Units Allowed with P.R.D. Bonus
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A-2*
Z-26-11




A-2

A-1
ELWOOD ST




Rio Salado
Interim Overlay
District

A-1
ILLINI ST




ODEUM LN




ENC
IN AS L
JONES AVE N



12TH ST
C-3 *

14TH ST
Z-47-08

R-4 16TH ST


13TH ST
C-3
15TH ST

WOOD ST
Maricopa County Assessor's Office



7TH AVE


I Miles 27TH AVE 19TH AVE
CENTRAL AVE 7TH ST 16TH ST 24TH ST
32ND ST
40TH ST
48TH ST




I-10
0.085 0.0425 0 0.085 BROADWAY RD


SOUTH MOUNTAIN VILLAGE SOUTHERN AVE


CITY COUNCIL DISTRICT: 8 BASELINE RD


DOBBINS RD



Z-3-23



APPLICANT'S NAME: REQUESTED CHANGE:
TrammellCrow Company
FROM:

DATE:
2/01/2023
R-4 RSIO ( 28.32 a.c.)
APPLICATION NO.
Z-3-23 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
28.32 Acres QS 5-29, QS 5-30 E-8, E-9 TO: CP/GCP RSIO ( 28.32 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-4 RSIO 821 985
CP/GCP RSIO N/A N/A

* Maximum Units Allowed with P.R.D. Bonus
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Acero Industries, LLC
304 E. Pioneer Street
Phoenix, AZ 85040
___________________________________
480-226-2168
martin@aceroindustries.com
www.aceroindustries.com




07/17/2023

To Whom it May Concern,

Acero Industries is excited about the Trammell Crow commerce park development located on 28 acres
near the southeast corner of 12th Street and Elwood. We support this high-quality proposal, including the
rezoning and general plan amendment (Z-3-23 and GPA-SM-1-23). Our organization has supported this
Phoenix community over the past year by providing employment to 6 employees in the industrial pipe
support manufacturing industry. We are proud to be part of the Phoenix community and work for many
state municipalities and private companies.

The current property has been vacant for years and in great need of revitalization. The proposal of the
high-quality commerce park development will enhance the property and is very appropriate given the
outdoor, salvage yards and industrial uses to the north and future Arizona Fresh development across
Elwood. This proposal will provide a buffer from these industrial uses to the residential located to the west
and south. In addition, this development will provide employment and in demand space for smaller
commerce park uses that can support AZ fresh and other assembly and light manufacturing.

The design of the buildings is attractive and includes windows and entryways that look like a welcoming
storefront. In addition, the development is LEED certified from the U.S. Green Building Council, which
will enhance the sustainability of the project. In addition, the project will bring much needed
improvements of a detached sidewalk, enhanced landscaping and trees along 12th Street will create a
pedestrian friendly and attractive street. In addition, the project will bring a community park to the
northwest corner of the property to be used for neighbors to relax and recreate.

We are in full support of Trammell Crow’s project and are excited to see this develop and revitalize the
property and area.

Regards,

Martin Martinez

CEO

Acero Industries




PAGE 1

Page 356
PAGE 2

Page 357
WAXY MOBILE DETAILING
10645 E. Mercer Ln
Scottsdale, AZ 85259


480-440-0904
info@waxymobiledetailing.com
WWW.WAXYYMOBILEDETAILING.COM




To Whom it May Concern,

Waxy Mobile Detailing is excited about the Trammell Crow commerce park development located on the 28 acres
near the southeast corner of 12th Street and Elwood. We support this high quality proposal, including the rezoning
and general plan amendment (Z-3-23 and GPA-SM-1-23). Our organization works throughout the entire
neighborhood by providing mobile vehicle detailing and window cleaning services. We provide work for 5 crews
in the valley everyday of the week. Our vehicle storage and company office is located within the district of this
complex. We work with individuals and companies that are in this district everyday and feel that this will greatly
help our business as well.
The current property has been vacant for years and in great need of revitalization. The proposal of the a high-quality
commerce park development will enhance the property and is very appropriate given the outdoor, salvage yards
and industrial uses to the north and future Arizona Fresh development across Elwood. This proposal will provide
a buffer from these industrial uses to the residential located to the west and south. In addition, this development
will provide employment and in demand space for smaller commerce park uses that can support AZ fresh and other
assembly and light manufacturing.
The design of the buildings are attractive and include windows and entryways that looks like a welcoming
storefront. In addition, the development is LEED certified from the U.S. Green Building Council, which will enhance
the sustainability of the project. In addition, the project will bring much needed improvements of a detached
sidewalk, enhanced landscaping and trees along 12th Street will create a pedestrian friendly and attractive street.
In addition, the project will bring a community park to the northwest corner of the property to be used for
neighbors to relax and recreate.
We are in full support of Trammell Crow’s project and are excited to see this develop and revitalize the property
and area.

Regards,

Tanner Tignini
Waxy Mobile Detailing




Page 358
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July 12, 2023



RE: Support Letter for the Trammell Crow Company Project



To Whom It May Concern,

As a long time South Mountain Village Community member and leader I had the
privilege of being a part of the development and implementation of the Baseline Area
Master Plan and along with many other developments and projects while serving on
the South Mountain Village Planning Committee.

During those many years of reviewing 100’s of applications it was a rarity to discover a
developer who sincerely and honestly showed concern for the needs of the community
in which they were hoping to profit and at the same time be willing to invest the
resources to meet that need. I believe Cullen Mahoney and Trammel Crow are one of
those unique developers.

I have seen the development under review and I believe this would be a very positive
impacting solution to an area that desperately needs improvement.



Sincerely,

Andrew Cunningham
Senior Pastor
SouthGate Church/ 91st Psalm Christian School




Developing spiritually mature & committed disciples of the Lord Jesus Christ
2020 East Baseline Road, Phoenix, AZ 85042 |Page
Office:
364 602.243.1900 | Fax: 602.243.3161 | sglife.org
Developing spiritually mature & committed disciples of the Lord Jesus Christ
2020 East Baseline Road, Phoenix, AZ 85042 |Page
Office:
365 602.243.1900 | Fax: 602.243.3161 | sglife.org
www.speedie.net




July 18, 2023


To Whom it May Concern,

Speedie & Associates, LLC – A UES Company excited about the Trammell Crow commerce park development
located on the 28 acres near the southeast corner of 12th Street and Elwood. We support this high quality
proposal, including the rezoning and general plan amendment (Z-3-23 and GPA-SM-1-23).

Our organization was established in Arizona in 1980 and we moved to our current office location in 2001.
Speedie & Associates, LLC is an engineering consulting company that specializes in geotechnical and
environmental engineering. We also provide construction materials testing and special inspection services. We
provide engineering services for a wide range of projects, including commercial, industrial, retail, and
residential. We have three offices in the State of Arizona with the main office located in Phoenix at 3331 E
Wood Street.

The current property has been vacant for years and in great need of revitalization. The proposal of the a high-
quality commerce park development will enhance the property and is very appropriate given the outdoor, salvage
yards and industrial uses to the north and future Arizona Fresh development across Elwood. This proposal will
provide a buffer from these industrial uses to the residential located to the west and south. In addition, this
development will provide employment and in demand space for smaller commerce park uses that can support
AZ fresh and other assembly and light manufacturing.

The design of the buildings are attractive and include windows and entryways that looks like a welcoming
storefront. In addition, the development is LEED certified from the U.S. Green Building Council, which will
enhance the sustainability of the project. In addition, the project will bring much needed improvements of a
detached sidewalk, enhanced landscaping and trees along 12th Street will create a pedestrian friendly and
attractive street. In addition, the project will bring a community park to the northwest corner of the property to
be used for neighbors to relax and recreate.

We are in full support of Trammell Crow’s project and are excited to see this develop and revitalize the property
and area.

Respectfully submitted,
SPEEDIE & ASSOCIATES, LLC




Todd B. Hanke, P.E.
Vice President




3331 East Wood Street ■ Phoenix, AZ 85040 ■ Phone (602) 997-6391 ■ Fax (602) 943-5508
2026 North 3rd Street ■ Flagstaff, AZ 86004 ■ Phone (928) 526-6681 ■ Fax (928) 526-6685
3125 East 47th Street ■ Tucson, AZ 85713 ■ Phone
Page (520) 514-9411 ■ Fax (520) 514-9474
PPS COATINGS
406 E. Pioneer Street
Phoenix, AZ 85040


602-497-4997
info@ppscoatings.com
WWW.PPSCOATINGS.COM




To Whom it May Concern,

[NAME OF ORGANIZATION] PPS Coatings is excited about the Trammell Crow commerce park development
located on the 28 acres near the southeast corner of 12th Street and Elwood. We support this high quality proposal,
including the rezoning and general plan amendment (Z-3-23 and GPA-SM-1-23). Our organization
[INFORMATION ABOUT ORGANIZATION WITHIN THE NEIGHBORHOOD] has supported this Phoenix
community over the past 4 years by providing employment to 75 employees in the industrial coatings application
services industry. We are proud to be part of the Phoenix community and work for many state municipalities and
private companies.
The current property has been vacant for years and in great need of revitalization. The proposal of the a high-
quality commerce park development will enhance the property and is very appropriate given the outdoor, salvage
yards and industrial uses to the north and future Arizona Fresh development across Elwood. This proposal will
provide a buffer from these industrial uses to the residential located to the west and south. In addition, this
development will provide employment and in demand space for smaller commerce park uses that can support AZ
fresh and other assembly and light manufacturing.
The design of the buildings are attractive and include windows and entryways that looks like a welcoming
storefront. In addition, the development is LEED certified from the U.S. Green Building Council, which will enhance
the sustainability of the project. In addition, the project will bring much needed improvements of a detached
sidewalk, enhanced landscaping and trees along 12th Street will create a pedestrian friendly and attractive street.
In addition, the project will bring a community park to the northwest corner of the property to be used for
neighbors to relax and recreate.
We are in full support of Trammell Crow’s project and are excited to see this develop and revitalize the property
and area.

Regards,

Andrew Goodwin
PPS Coatings




Page 367
Page 368
7/18/2023



To Whom it May Concern,

WaCo Contracting is excited about the Trammell Crow commerce park development
located on the 28 acres near the southeast corner of 12th Street and Elwood. We support this
high-quality proposal, including the rezoning and general plan amendment (Z-3-23 and GPA-
SM-1-23). Our organization has been performing local construction services since 2016. We
are proud to be part of the Phoenix community and work for many state municipalities and
private companies.

The current property has been vacant for years and in great need of revitalization. A high-
quality commerce park development will enhance the property and is very appropriate
given the outdoor salvage yards and industrial uses to the north and future Arizona Fresh
development across Elwood. This proposal will provide a buffer from these industrial uses
to the residential located to the west and south. In addition, this development will provide
employment and in demand space for smaller commerce park uses that can support AZ fresh
and other assembly and light manufacturing.

The design of the buildings are attractive and includes windows and entryways that look like
a welcoming storefront. In addition, the development is LEED certified from the U.S. Green
Building Council, which will enhance the sustainability of the project. In addition, the project
will bring much needed improvements of a detached sidewalk, enhanced landscaping and
trees along 12th Street will create a pedestrian friendly and attractive street. The project will
bring a community park to the northwest corner of the property to be used for neighbors to
relax and recreate.

We are in full support of Trammell Crow’s project and are excited to see this develop and
revitalize the property and area.


Chad Watkins
WaCo Contracting




WaCo LLC. 3250 South 35th Ave Phoenix, AZ 85009. ROC #322684

Page 369
Page 370
1230 W Gila Bend Hwy

Casa Grande, AZ 85122




To Whom it May Concern,



R&J Manufacturing is excited about the Trammell Crow commerce park development located on the 28
acres near the southeast corner of 12th Street and Elwood. We support this high quality proposal, including
the rezoning and general plan amendment (Z-3-23 and GPA-SM-1-23). Our organization has supported
businesses in this Phoenix community over the past 4 years by providing support and workforce in the
industrial coatings application services industry. We are proud to be part of the Phoenix community and
work for many state municipalities and private companies.

The current property has been vacant for years and in great need of revitalization. The proposal of the a
high-quality commerce park development will enhance the property and is very appropriate given the
outdoor, salvage yards and industrial uses to the north and future Arizona Fresh development across
Elwood. This proposal will provide a buffer from these industrial uses to the residential located to the
west and south. In addition, this development will provide employment and in demand space for smaller
commerce park uses that can support AZ fresh and other assembly and light manufacturing.

The design of the buildings are attractive and include windows and entryways that looks like a welcoming
storefront. In addition, the development is LEED certified from the U.S. Green Building Council, which will
enhance the sustainability of the project. In addition, the project will bring much needed improvements
of a detached sidewalk, enhanced landscaping and trees along 12th Street will create a pedestrian friendly
and attractive street. In addition, the project will bring a community park to the northwest corner of the
property to be used for neighbors to relax and recreate.

We are in full support of Trammell Crow’s project and are excited to see this develop and revitalize the
property and area.



Regards,



Ron Richards

R&J Manufacturing Inc




Page 371
Page 372
ATTACHMENT C




REVISED
Village Planning Committee Meeting Summary
Z-3-23-8

Date of VPC Meeting August 8, 2023
Request To R-4 RSIOD
Request From CP/GCP RSIOD
Proposal Office, industrial, and warehouse uses
Location Northeast corner of 12th Street and Jones Avenue
VPC Recommendation Denial
VPC Vote 8-1-1

VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Nine members of the public registered to speak on this item, five in favor and four
opposed.

STAFF PRESENTATION

Mr. Rogers presented the proposals, the site location, the surrounding land uses, the
site plan, renderings, staff recommendation, staff findings, and concluded with the
stipulations.

Committee Member Shepard asked why the project was stipulated to a max height of
42 feet, but the proposal showed a 40-foot-tall building. Mr. Rogers stated that the extra
height is to allow a little bit of flexibility for the developer.

Committee Member Holmerud asked why EV bike parking was not stipulated. Mr.
Rogers explained that requiring EV bike parking had become a more common
stipulation in recent months and was not as common when the stipulations for this
project were drafted in March.

APPLICANT PRESENTATION

Mr. Morris, representing the applicant with Withey Morris Baugh, PLC, explained the
history of the site, described the developer, the site location, the surrounding uses, the
site as a buffer use between industrial and residential uses, and a similar project in
Gilbert. Mr. Morris presented the project details, the renderings, the site plan, the traffic
generation, the economic benefits, commerce park users, community benefits,




Page 373
South Mountain Village Planning Committee
Meeting Summary
Z-3-23-8


environmental benefits, community support, and concluded by summarizing the overall
project benefits.

QUESTIONS FROM THE COMMITTEE

Committee Member Shepard asked how big the pocket park is proposed to be. Mr.
Morris stated that the park is proposed to be about an acre.

Committee Member Brownell described the history of the San Francisco Canal, spoke
about a previous project where the attorney had proposed several small buildings, but
one large building ended up being built, stated he likes this project, but it should go
somewhere else, and stated he has a hard time rezoning from a multifamily residence
district in the midst of a housing crisis.

Committee Member Marchuk stated he recently drove around the area and sees the
logic in the argument for transitional zoning but noticed a multifamily development
adjacent to a salvage yard. Committee Member Marchuk stated he has a hard time with
the argument that residential will not develop adjacent to a salvage yard. Chair Daniels
stated the development Committee Member Marchuk referenced is the Salt River Flats.

Committee Member Roque stated that she read the letters of support from the
community, stated that the letters were primarily all form letters from businesses, and
asked if any of the businesses in support are interested in occupying the site. Mr.
Morris stated that those that submitted letters of support are current owners and
tenants of sites in the area, so they are not potential tenants.

Chair Daniels stated that the City is pushing for affordable housing, stated that it is
hard to get community residents behind rezoning to multifamily, stated that this site
could be used for affordable housing, stated that it feels disrespectful to say “who would
want to live next to a salvage yard”, and asked why the developer is not using a site
already zoned for this use.

PUBLIC COMMENT

Mark Cardenas stated he is with Ironworkers Local 75, explained the Ironworkers Local
75 is made up of 641 members and has a 50% Native American membership. Mr.
Cardenas stated that the Ironworkers Local 75 is in support of this project.

Randall Singh stated he grew up in this community, raised cattle on the site, asked if
the industrial sites across the river all have tenants, and asked how many times the City
had built a park at the Rio Salado and knocked it down. Committee Member Busching
asked if Mr. Randall Singh is in opposition to the development. Mr. Randal Singh stated
he would like the committee to take his emotions and what he is saying.




Page 374
South Mountain Village Planning Committee
Meeting Summary
Z-3-23-8


Mousa Salahi stated he owns seven acres south of this property where he is planning
on building multifamily, explained he does not want to see a 40 foot wall next to his
development, stated that if this project goes forward he may change his plans to build,
and stated he is opposed to the rezoning.

Greg Best stated he has lived in the area since 1995, stated he owns several
properties in the area, stated the Salt River Flats was his project, and stated he is doing
several multifamily developments in the surrounding area. Mr. Best stated that the
property has not been developed due to a legal battle within the family that owns the
site, stated he uses the San Francisco Canal for irrigation, stated that he rides his bike
to Tempe every night, and stated that the AZ Fresh site was supposed to be a park. Mr.
Best stated that the site should remain residential because there is so much industrial in
the area.

Roderick Singh Sr. stated that he grew up on the subject site, stated there is a ton of
history in the San Francisco Canal, stated he used to walk to school through this area,
and stated this site had the last standing Indian-Asian owned farmhouse before it was
knocked down during the pandemic. Committee Member Busching asked about the
existing home on the site. Mr. Roderick Singh Sr. stated that the existing home was built
by his father and is occupied by his mother, spoke about the history of the site, stated
the site has not been developed because it was not for sale, stated he had hopes to
start a farm there again, and stated he did not know how the property had come to be
zoned for multifamily residential. Committee Member Shepard asked if his family still
owned the land. Mr. Roderick Singh Sr. stated that his mother owns the land and lives
in the existing house, stated that his grandfather had left the land in undivided interest
before to his family before his parents separated and his mom took everything, and
stated that there is an elderly abuse case on file with the state of Arizona due to his
nephew who took a $500,000 loan against the property. Committee Member Busching
clarified that Trammel Crow has the site in escrow contingent on the rezoning. Mr.
Roderick Singh Sr. confirmed that Trammel Crow has the site in escrow, stated that he
does not know how the historic farmhouse was allowed to be demolished, and stated
that he is opposed to the development. Committee Member Marchuk asked if Mr.
Roderick Singh Sr. is against development on the site in general or opposed to the
commerce park use specifically. Mr. Roderick Singh Sr. stated that he is in support of
residential development of the site.

Roderick Singh Jr. stated that he uses the San Francisco Canal for irrigation, stated
he has found Native American artifacts in the canal, stated that he does not think this is
the right place for the proposed development, stated that there is a need for affordable
housing in the area, stated he is against the development, explained that the pocket
park is proposed because the park location is not usable for the development, and
stated that many people would be happy to live next to a salvage yard if it is a place
they can call their own.




Page 375
South Mountain Village Planning Committee
Meeting Summary
Z-3-23-8


APPLICANT RESPONSE

Mr. Morris apologized for mischaracterizing the property, stated he grew up in the area,
stated that while someone may be willing to live next to salvage yard, it is much more
difficult to find someone who is willing to pay to build there, and agreed that the pocket
park is an unusable piece of land but stated that most developers would landscape the
area and leave it alone, while Trammel Crow is willing to provide a neighborhood
amenity. Mr. Morris stated that R-4 allows for tall buildings with less open space, stated
that this property was passed on for multifamily, and stated that a commerce park buffer
will help catalyze multifamily development in the area.

FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE

Committee Member Brooks stated that in the past there was a process to encourage
people to sit down and talk about their concerns. Chair Daniels asked how many
meetings had been held. Mr. Morris stated that there had been four individual and
community meetings.

Committee Member Marchuk stated that hearing that the Salt Flats development is
low-income makes him think the site is not likely to be developed as multifamily, stated
that the proposal offers an appropriate transition from the industrial uses, and stated he
does not want to see more commerce park zoning extend to the south.

Chair Daniels stated that the City is pushing affordable housing, stated that an
apartment had just been built on 7th Avenue next to an electrical substation and
industrial uses, stated that text amendments had just been approved to address
housing, stated that timing is everything for the development of multifamily housing, and
stated that the beautification of a canal can cause adjacent properties to be considered
premium lots.

Committee Member Marchuk stated he is hearing many vocal members of the
community, but there are many letters of support.

Committee Member Busching stated that she printed out a screenshot from My
Community Map that shows a cohesive area of R-4 zoned properties and stated the
committee should not recommend approval.

MOTION
Committee Member Busching made a motion to recommend denial of Z-3-23-8,
Committee Member Holmerud seconded the motion.

VOTE
8-1-1, motion to recommend denial of Z-3-23-8 passed with Committee Members
Aldama, Brooks, Brownell, Busching, F. Daniels, Holmerud, Roque, and T. Daniels in




Page 376
South Mountain Village Planning Committee
Meeting Summary
Z-3-23-8


favor, Committee Member Marchuk opposed, and Committee Member Shepard
abstained.

STAFF COMMENTS REGARDING VPC RECOMMENDATION:

None.




Page 377
ATTACHMENT D


REPORT OF PLANNING COMMISSION ACTION
November 2, 2023

ITEM NO: 4
DISTRICT NO.: 8
SUBJECT:

Application #: Z-3-23-8 (Companion Case GPA-SM-1-23-8)
(Continued from October 5, 2023)
Location: Northeast corner of 12th Street and Jones Avenue
From: R-4 RSIOD
To: CP/GCP RSIOD
Acreage: 28.32
Proposal: Office, industrial, and warehouse
Applicant: Trammell Crow Company
Owner: Brow USA Inc., et al.
Representative: Jason Morris, Withey Morris Baugh, PLC

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
South Mountain 8/8/2023 Denial. Vote: 8-1-1.

Planning Commission Recommendation: Approval, per the staff recommendation.

Motion Discussion: N/A

Motion details: Commissioner Mangum made a MOTION to approve Z-3-23-8, per the staff
recommendation.

Maker: Mangum
Second: Gorraiz
Vote: 5-4 (Boyd, Busching, Jaramillo, and Perez)
Absent: None
Opposition Present: Yes

Findings:

1. The proposal will develop a largely vacant property and as stipulated, will be
compatible with the surrounding land uses.

2. The proposal is consistent with the proposed General Plan Land Use Map designation
of Commerce/Business Park and provides a compatible transitional use between the
adjacent industrial land uses to the north and east, and the residential uses to the
south and west.

3. The stipulated landscape and building elevation standards are above the required
minimum Zoning Ordinance standards and will make the proposal a compatible
addition to the neighboring area.



Page 378
Stipulations:

1. A minimum of 1.7% of the gross site area shall be provided as publicly-
accessible open space, located in the northwest corner of the subject site as shown on
the site plan date stamped April 11, 2023, as approved by the Planning and
Development Department

2. The ground floor storefront area (the first 10 feet from grade) of the southern façade of
Building 1 and northern façade of Building 2, as shown on the site plan date stamped
April 11, 2023, shall incorporate a minimum of 25% of accent materials. The accent
materials may include adobe, glass, metal (including rusted metal), stone, stone
veneer, and/or wood, as approved by Planning and Development Department.

3. The elevation facade facing 12th Street shall be in general conformance with the
renderings date stamped April 11, 2023, with specific regard to the mix of materials,
glazing, entry features, and accent colors. Glazing at the ground floor storefront area
(the first 10 feet from grade) shall be a minimum of 50% of the western façade facing
12th Street.

4. The maximum building height shall be 42 feet.

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

6. One bicycle space per 25 vehicle parking spaces, for a maximum of 25 spaces, shall
be provided through Inverted U and/or artistic racks located near the building entrances
or in a secure location inside the building and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance, as approved by the Planning and
Development Department.

7. A minimum of three outdoor employee resting areas shall be provided along the north
and northeastern portions of the site. The following elements shall be provided, as
approved by the Planning and Development Department:

a. Each resting area shall be a minimum of 200 square feet.

b. A pathway shall be provided to connect the buildings to these resting areas and
to the public sidewalk.

c. Each resting area shall contain a minimum of two seating benches constructed
of quality and durable materials.

c. Each resting area shall be shaded to a minimum of 75% using minimum 2-inch
caliper large canopy drought-tolerant shade trees and/or architectural shade.

8. If a perimeter fencing is proposed adjacent to the San Francisco Canal, the fencing
shall be a minimum of 75% view fencing, as approved by the Planning and
Development Department. Any perimeter fencing requirement by the City of Phoenix
are subject to review and approval of SRP.

9. The development shall utilize the C-2 streetscape landscape standards for planting
type, size and quantity within the required landscape setbacks along the 12th Street
Page 379
and Jones Avenue frontages, as approved by the Planning and Development
Department.

10. A minimum of one milkweed shrub, or other native nectar species, shall be planted for
every required tree in addition to the required shrubs, and shall be planted in groups of
three or more, as approved by the Planning and Development Department.

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

12. A minimum 5-foot-wide detached sidewalk and minimum 5-foot-wide landscape strip
located between the back of curb and sidewalk shall be provided along the east side of
12th Street, as approved by the Planning and Development Department and planted to
the following standards:

a. A watering drip system to sustain trees within the right-of-way and/or sidewalk
easement shall be provided and maintained along 12th Street.

b. Fifty percent of the trees shall be minimum 2-inch caliper and 50 percent of the
trees shall be minimum 3-inch caliper, with five 5-gallon shrubs per tree.

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

13. A minimum 30 feet of right-of-way shall be dedicated along the north side of Jones
Avenue for the length of the development to the western boundary of APN 113-26-019,
as approved by the Planning and Development Department.

14. Trucks shall be prohibited from exiting onto Jones Avenue. This shall be implemented
through the design of the site, signage, a combination thereof, or other methods, as
approved by the Planning and Development Department.

15. The developer shall submit a traffic impact study for this development. No preliminary
approval of plans shall be granted until the study has been reviewed and approved by
the City.

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. 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 380
19. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

20. Prior to preliminary site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder's Office and delivered to the City to be included in the rezoning application
file for record.

This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz 602-602-291-2559, TTY use 7-1-1




Page 381
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Page 443
October 31, 2023



To Whom it May Concern:


Ulysses Development Group (“UDG”) is excited about the Trammell Crow commerce park development
located on the 28 acres near the southeast corner of 12th Street and Elwood. We support this high-quality
proposal, and the rezoning and general plan amendment (Z-3-23 and GPA-SM-1-23).

UDG is a mission-driven developer of workforce and affordable housing nationwide. We are currently
developing 318 units of affordable housing in South Phoenix. The 192 unit Salt River Flats is adjacent to
the proposed development and the 126 unit Dahlia Village is located across S 12 th Street from the
proposed development. Both communities are targeted to individuals and families earning at or below
60% of the Area Median Income.

We believe that the proposed project will enhance the neighborhood and create a better environment
for new housing to develop. The current property has been vacant for years and in great need of
revitalization. The proposal will create a needed buffer from our housing projects to the outdoor, salvage
yards and heavy industrial uses to the north of the site. The proposal will serve as a visual and noise buffer
for our future residents.

In addition, the commerce park development offers enhanced landscaping and shade trees along the
sidewalk, a future park area for the public to enjoy, and roadway improvements that will only have a
positive impact on the neighborhood. This is the kind of project that can create a catalyst for change in
the area and will encourage other residential projects to develop. We welcome the project and the
positive improvements and revitalization it will bring to the community.

We are in full support of Trammell Crow’s project and are excited to see this develop and revitalize the
property and area.




Connor Larr
Partner




210 University Blvd, Suite 460, Denver, CO 80206 | 720-615-1010 | www.ulyssesdevelopment.com


Page 444
Page 445
ATTACHMENT F
Racelle Escolar

From: Mousa Salahi
Sent: Thursday, October 26, 2023 12:44 PM
To: PDD Planning Commission
Cc: 'Mousa Salahi'
Subject: GPA-SM-1-23-8 (Companion Case Z-3-23-8)


Hello
I own over six Ackers south of the proposed project.
I am against the project for several issues
 Need for more residential than industrial in the area.
 40 feet concrete wall will demolish my project to build over 200 affordable and senior living in the area.
 Traffic of trucks and trailer will affect the entire neighborhood
 It is residential area and the city of phoenix is short of residential area as far as everyone knows.
 Need more affordable housing in the neighborhood. (it is a lot better than all the homelessness we are fighting
in downtown phoenix)

28 Ackers of R4 zoning will create affordable homes to over 700 residents.

would be a lot closer to their jobs than have to pushed them outside the city.

I will try to attend the meeting on Nov 2nd and I would like to speak if I could.


thanks
Mousa
602 690 6845
Msalahi@cox.net





Page 446
PIANNING AND DEVELOPMENT DEPARTMENT



To: Alan Stephenson Date: November 17, 2023
Deputy City Manager

From: Joshua Bednarek �f>
Planning and Development Director

Subject: CONTINUANCE OF ITEM 103 ON THE DECEMBER 6, 2023, FORMAL AGENDA
- PUBLIC HEARING/FORMAL ACTION - REZONING APPLICATION Z-3-23-8 -
NORTHEAST CORNER OF 12TH STREET AND JONES AVENUE
(ORDINANCE G-7199)

Item 103, Rezoning Application Z-3-23-8, is a request to rezone 28.32 acres located at
the northeast corner of 12th Street and Jones Avenue, from R-4 RSIOD1-6 (Multifamily
Residence District) (Rio Salado Interim Overlay District) to CP/GCP RSIOD (Commerce
Park DistricUGeneral Commerce Park Option) (Rio Salado Interim Overlay District) to
allow office, industrial, and warehouse.

The applicant requested the item be continued to the January 3, 2024, City Council
changes to the project.

Staff concurs with this request for continuance.




Approved:-�
Alan Stephenson, Deputy City Manager



Attachment:
Exhibit A - Applicant's request for continuance




Page 447
Page 448



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
(CONTINUED FROM DEC. 6, 2023) - Public Hearing and Ordinance Adoption -
Rezoning Application Z-14-23-4 - Southwest Corner of 15th Avenue and
McDowell Road (Ordinance G-7200)

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-14-23-
4 and rezone the site from R-5 SNSPD (Multifamily Residence District, Story
Neighborhood Special Planning District) and C-1 SNSPD (Neighborhood Retail, Story
Neighborhood Special Planning District) to C-1 SNSPD (Neighborhood Retail, Story
Neighborhood Special Planning District) to allow retail convenience store with fuel
sales.

Summary
Current Zoning: R-5 SNSPD (0.49 acres) and C-1 SNSPD (1.09 acres)
Proposed Zoning: C-1 SNSPD
Acreage: 1.58
Proposal: Retail convenience store with fuel sales

Owner/Applicant: Circle K Stores, Inc.
Representative: Land Development Consultants, LLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Central City Village Planning Committee heard this case on Sept. 11,
2023, and recommended approval, per staff recommendation, with an additional
stipulation, by a vote of 13-1-1.
PC Action: The Planning Commission heard this case on Oct. 5, 2023, and
recommended approval, per the staff recommendation with an additional stipulation,
by a vote of 7-0.

Location
Southwest corner of 15th Avenue and McDowell Road
Council District: 4
Parcel Address: 1501, 1503, 1505, 1509, 1513, 1517 and 1529 W. McDowell Road




Page 449


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




Page 450
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-14-23-4) FROM R-5 SNSPD (MULTIFAMILY
RESIDENCE DISTRICT, STORY NEIGHBORHOOD SPECIAL
PLANNING DISTRICT) AND C-1 SNSPD (NEIGHBORHOOD
RETAIL, STORY NEIGHBORHOOD SPECIAL PLANNING
DISTRICT) TO C-1 SNSPD (NEIGHBORHOOD RETAIL, STORY
NEIGHBORHOOD SPECIAL PLANNING DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 1.58 acre site located at the southwest

corner of 15th Avenue and McDowell Road in a portion of Section 6, Township 1 North,

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

0.49 acres of “R-5 SNSPD” (Multifamily Residence District, Story Neighborhood Special

Planning District) and 1.09 acres of “C-1 SNSPD” (Neighborhood Retail, Story

Neighborhood Special Planning District) to “C-1 SNSPD” (Neighborhood Retail, Story

Neighborhood Special Planning District).




Page 451
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 maximum building height shall be 23 feet.

2. A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrance 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.

3. 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.

4. A minimum of 5% of the required parking spaces shall be EV Installed.

5. Site lighting shall be provided at building entrances/exits and in the parking and
refuse areas, as approved by the Planning and Development Department. All
on-site lighting shall be shielded to prevent direct visibility of the light source
from residential properties to the south.

6. Video surveillance shall be maintained to monitor activities in and around the
store to discourage alcohol violations and unlawful activities.

7. An “authority to arrest” agreement shall be completed and maintained by the
property owner. The agreement shall be signed and delivered to the Phoenix
Police Department.

8. “No Trespassing” signs shall be posted per Phoenix City Code on the exterior
of the building in both English and Spanish.




Page 452
9. A 10-foot sidewalk easement shall be dedicated for the south side of McDowell
Road, as approved by the Planning and Development Department.

10. The developer shall dedicate a minimum 40 feet of right-of-way for the west
side of 15th Avenue, adjacent to the development, as approved by the
Planning and Development Department

11. A minimum 6-foot-wide detached sidewalk separated by a minimum 10-foot-
wide landscape strip located between the back of curb and sidewalk shall be
provided along the south side of McDowell Road, planted to the following
standards, as approved by the Planning and Development Department.

a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant
shade trees planted 20 feet on center or in equivalent groupings.

b. Shrubs, accents, and vegetative groundcovers to achieve a minimum of
75% live coverage at maturity.

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

12. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-
wide landscape strip located between the back of curb and sidewalk shall be
provided along the west side of 15th Avenue, planted to the following
standards, as approved by the Planning and Development Department.

a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant
shade trees planted 20 feet on center or in equivalent groupings.

b. Shrubs, accents, and vegetative groundcovers to achieve a minimum of
75% live coverage at maturity.

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

13. The developer shall provide a singular, 40-foot-wide P-1255-2 access point on
McDowell Road at the westernmost property line. All other existing access
points on McDowell Road shall be removed.

14. The developer shall provide a limited access P-1243-2 right in/right out
driveway on 15th Avenue.

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




Page 453
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.

16. The developer shall dedicate right‐of‐way and construct a new bus stop pad on
southbound 15th Avenue. The bus stop pad shall be constructed according to
bus stop pad shall be spaced from McDowell Road according to City of
Phoenix Standard Detail P1258. Trees shall be placed to provide a minimum
50% shade coverage to the bus stop pad at full maturity.

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 Phase
I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.

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

20. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder’s Office and delivered to the City to be included in
the rezoning application file for record.

21. Trash cans shall be provided on the east side of the building.

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 6th day of December,

2023.




Page 454
________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 455
EXHIBIT A

LEGAL DESCRIPTION FOR Z-14-23-4

Within a portion of Section 6, Township 1 North, Range 3 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona, being more particularly described as
follows:

LOTS 1 THROUGH 6, BLOCK 43, OF F. Q. STORY ADDITION PLAT “E”,
ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 16 OF
MAPS, PAGE 48;

EXCEPT, THOSE PORTIONS OF LOTS 1 THROUGH 4 CONVEYED TO THE CITY
OF PHOENIX, AS RECORDED IN DOCKET 2474, PAGE 190, AND

EXCEPT THOSE PORTIONS OF LOTS 5 AND 6 CONVEYED TO THE CITY OF
PHOENIX, AS RECORDED IN DOCKET 2463, PAGE 44.




Page 456
Page 457
ATTACHMENT B




Staff Report Z-14-23-4
September 1, 2023

Central City Village Planning Committee September 11, 2023
Meeting Date:
Planning Commission Hearing Date: October 5, 2023
Request From: R-5 SNSPD (Multifamily Residence
District, Story Neighborhood Special
Planning District) (0.49 acres) and C-1
SNSPD (Neighborhood Retail, Story
Neighborhood Special Planning District)
(1.09 acres)
Request To: C-1 SNSPD (Neighborhood Retail,
Story Neighborhood Special Planning
District) (1.58 acres)
Proposal: Retail convenience store with fuel sales
Location: Southwest corner of 15th Avenue and
McDowell Road
Owner/Applicant: Circle K Stores, Inc.
Representative: Land Development Consultants, LLC
Staff Recommendation: Approval, subject to stipulations


General Plan Conformity

General Plan Land Use Map Designation Commercial

40-foot south half
McDowell Road Arterial
Street Map street
Classification
15th Avenue Collector 33-foot west half street

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY & CHARACTER; DESIGN PRINCIPLE: Create new
development or redevelopment that is sensitive to the scale and character of
the surrounding neighborhoods and incorporates adequate development
standards to prevent negative impact(s) on residential properties.
The proposal, as stipulated, is designed to complement the area by providing a low
scale commercial development with detached sidewalks making it compatible and
complementary to the surrounding neighborhood.




Page 458
Staff Report: Z-14-23-4
September 1, 2023


CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; HEALTHY NEIGHBORHOODS; DESIGN PRINCIPLE: Design
neighborhoods and buildings to provide pedestrian access to adjacent
transportation infrastructure such as public transit.
The proposal is next to the bus stop along 15th Avenue and is stipulated to provide
multimodal transportation options for residents including detached sidewalks, bicycle
parking and a repair station, and a shaded bus stop pad.
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 proposed development, as stipulated, provides shaded detached sidewalks on
McDowell Road and 15th Avenue which will reduce the urban heat island effect while
also improving thermal comfort to site users and the surrounding neighborhood.


C-1 Neighborhood
Retail District
Provisions on the
Standards Requirements
Proposed site Plan
Gross Acreage - 1.58 acres
Maximum Lot Coverage 50 percent 19.35 percent (Met)
Maximum Building Height 30 feet Building: 18 feet (Met)
Fuel Canopy: 19 feet
(Met)
Minimum Building Setbacks
Adjacent to Street (McDowell Average 25 feet, 36 feet to fuel canopy
Road) Minimum 20 feet (Met); 112 feet to
convenience store (Met)
Adjacent to Street (15th Average 25 feet, 65 feet to fuel canopy
Avenue) Minimum 20 feet (Met); 90 feet to
convenience store (Met)
West 15 feet 59 feet (Met); 84 feet to
convenience store (Met)
South Adjacent to R1-6: 29 feet 0.5 feet (Not Met)*
Adjacent to R-4 and R-5:
14 feet
(15 feet minimum in
SNSPD)




Page 459
Staff Report: Z-14-23-4
September 1, 2023


C-1 Neighborhood
Retail District
Provisions on the
Standards Requirements
Proposed site Plan
Minimum Landscape Setbacks
Adjacent to Street (McDowell Average 25 feet, 10 feet (Not Met)*
Road) Minimum 20 feet
Adjacent to Street (15th Average 25 feet, 25 feet (Met)
Avenue) Minimum 20 feet
West 10 feet 10 feet (Met)
South 10 feet 0.5 feet (Not Met)*
Minimum Parking 18 spaces 24 spaces (Met)
*The site will either need to be redesigned or a variance will need to be obtained.

Applicable Plans, Overlays, and Initiatives

Story Neighborhood Conservation Plan: Background Item No. 6

Tree and Shade Master Plan: Background Item No. 7.

Complete Streets Guidelines: Background Item No. 8.

Transportation Electrification Action Plan: Background Item No. 9.

Zero Waste PHX: Background Item No. 10.

Comprehensive Bicycle Master Plan: Background Item No. 11.


Surrounding Land Uses and Zoning
Land Use Zoning
Gas station, convenience C-1 SNSPD and
On Site
store and parking lot R-5 SNSPD
North (across McDowell Road) Retail and office uses C-1 HP
West Church and auxiliary uses R-5 SNSPD
East (across 15th Avenue) Commercial uses C-1 SNSPD
R-5 HP SNSPD,
R-4 HP SNSPD,
South Single-family residences
and R1-6 HP
SNSPD




Page 460
Staff Report: Z-14-23-4
September 1, 2023


Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone 1.58 acres located at the southwest corner of 15th
Avenue and McDowell Road from 1.09 acres of C-1 SNSPD (Neighborhood Retail,
Story Neighborhood Special Planning District) and 0.49-acres of R-5 SNSPD
(Multifamily Residence District, Story Neighborhood Special Planning District) to C-
1 SNSPD (Neighborhood Retail, Story Neighborhood Special Planning District) for
the purpose of retail convenience store with fuel sales.

The subject site is currently occupied by a convenience store with fuel sales and a
parking lot area. The redevelopment of this site would allow for the expansion of
the convenience store and fuel sales business.

SURROUNDING LAND USES AND ZONING
2. The subject site is zoned C-1 SNSPD and R-5 SNSPD and is surrounded by a
variety of uses. There are single family residences to the south zoned R1-6 HP
SNSPD (Single-family Residence District, Historic Preservation Overlay, Story
Neighborhood Special Planning District), R-4 HP SNSPD (Multifamily Residence
District, Historic Preservation Overlay, Story Neighborhood Special Planning
District), and R-5 HP SNSPD (Multifamily Residence District, Historic Preservation
Overlay, Story Neighborhood Special Planning District). There are retail and office
uses across McDowell Road to the north zoned C-1 HP (Neighborhood Retail,
Historic Preservation Overlay) and commercial uses to the east across 15th
Avenue zoned C-1 SNSPD. There is a church with auxiliary uses to the west zoned
R-5 SNSPD.

GENERAL PLAN LAND USE MAP
3. The General Plan Land Use Map General Plan Land Use Map; Source: Planning
depicts the subject site and the and Development Department
properties to the east and west with a
designation of Commercial. The
property to the north across McDowell
Road is designated as Commercial and
Residential 5 to 10 dwelling units per
acre. To the south is designated as
Residential 3.5 to 5 dwelling units per
acre. The proposal is consistent with the
General Plan Land Use Map
designation.

PROPOSAL
4. The site plan attached as an exhibit, proposes a new retail convenience store with
a fuel canopy and six fuel pumps, with parking adjacent to the new store.




Page 461
Staff Report: Z-14-23-4
September 1, 2023


Additionally, the new facility will provide an expanded parking area for ease of
access and convenience of the customers, providing 24 total parking spaces, as
compared to approximately 12 parking spaces at the current store.

To promote bicycling and transit use, staff is recommending Stipulation Nos. 2, 3
and 16 which require bicycle parking and a bicycle repair station on the proposed
development. It also requires a new bus stop pad on southbound 15th Avenue.

5. The proposed building elevations include one building with a height of 17 feet, 4
inches to the top of the roof and a fuel canopy with a height of 18 feet, 6 inches.
Staff recommends Stipulation No. 1, which limits building height to 23 feet. This
height limitation will promote compatibility with the residential neighborhood to the
south.

STUDIES AND POLICIES
6. Story Neighborhood Conservation Plan:
Approved by the Phoenix Council in 1987, the Story Neighborhood Conservation
Plan covers an area bounded by 7th Avenue to the east, McDowell Road to the
north, Roosevelt Street on the south and Grand Avenue on the west. The Story
Neighborhood Conservation Plan lists several land use goals such as: ensure that
new construction is compatible with existing uses, encourage local retail
commercial services in acres already zoned commercial, and maintain the single-
family residential character of the neighborhood.

The subject site is designated in Area A, which calls for low-scale commercial and
office, and residential. The proposal is consistent with that designation and
maintains the low-scale character of the area by limiting the height in Stipulation
No. 1.
Story Neighborhood Conservation Plan, Proposed Land Use Map; Source: Planning and
Development Department




Page 462
Staff Report: Z-14-23-4
September 1, 2023



7. Tree and Shade Master Plan:
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached from
the curbs to allow trees to be planted on both sides of the sidewalk to provide
thermal comfort for pedestrians and to reduce the urban heat island effect.

The proposal, as stipulated, will create a streetscape environment with a shaded
and detached sidewalk and the parking lot landscaping will include shade trees.
The shaded detached sidewalks are addressed in Stipulation Nos. 11 and 12.

8. Complete Streets Guidelines:
The City of Phoenix City Council adopted the Complete Streets Guiding Principles.
The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. The proposed development, as
stipulated, will support walking, bicycling, and transit use by including bicycle
parking on the site and a bicycle repair (fix-it) station and by constructing shaded
and detached sidewalks along McDowell Road and 15th Avenue. These are
addressed in Stipulation Nos. 2, 3, 11 and 12.

9. Transportation Electrification Action Plan
In June 2022, the Phoenix City Council approved the Transportation Electrification
Action Plan. The current market desire for the electrification of transportation is
both a national and global phenomenon, fueled by a desire for better air quality, a
reduction in carbon emissions, and a reduction in vehicle operating and
maintenance costs. Businesses, governments and the public are signaling strong
future demand for electric vehicles (EVs), and many automobile manufacturers
have declared plans for a transition to fully electric offerings within the coming
decade. This Plan contains policy initiatives to prepare the City for a future filled
with more EVs, charging infrastructure and e-mobility equity, and outlines a
roadmap for a five-step plan to prepare for the EV infrastructure needs of 280,000
EVs in Phoenix by 2030. One goal of the Plan to accelerate public adoption of
electric vehicles through workplace, business, and multifamily charging
infrastructure recommends a standard stipulation for rezoning cases to provide EV
charging infrastructure. This is addressed in Stipulation No. 4 which requires a
minimum 5 percent of the required parking spaces to be EV installed.

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




Page 463
Staff Report: Z-14-23-4
September 1, 2023


Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial, and mixed-use developments
meeting certain criteria. Recycling containers will be provided as part of this
project’s waste management practices.

11. Comprehensive Bicycle Master Plan:
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its bikeway system and supportive infrastructure. The
Comprehensive Bicycle Master Plan supports options for both short- and long-term
bicycle parking as a means of promoting bicyclist traffic to a variety of destinations.
As stipulated, the development will provide a bicycle repair station and bicycle
parking spaces per the requirements of Section 1307.H. of the Phoenix Zoning
Ordinance. This is addressed in Stipulation Nos. 2 and 3.

COMMUNITY CORRESONDENCE
12. As of the writing of this report, staff has received one letter expressing concern with
the business operations and safety of the existing commercial business
establishment.

INTERDEPARTMENTAL COMMENTS

13. The Fire Department commented that they do not anticipate any problems with the
case. However, the development must comply with the Phoenix Fire Code.

14. The Water Services Department commented that the proposed property has
existing water and sewer mains that can potentially serve the development.

15. The Street Transportation Department requested that a sidewalk easement be
dedicated on the south side along McDowell Road and a right-of-way dedication be
made along the west side along 15th Avenue. These are addressed in Stipulation
Nos. 9 and 10.

A detached sidewalk will be required along both 15th Avenue and McDowell Road.
The stipulations require enhanced landscaping with trees and live coverage. These
are addressed in Stipulation Nos. 11 and 12.

The department also stated that the number of access points along McDowell
Road is limited to one and all other access points on McDowell Road shall be
removed. This is addressed in Stipulation No. 13. The 15th Avenue access is
limited to a right-in/right-out driveway as per Stipulation No. 14. Additionally, the
developer shall construct street improvements and incidentals as required, and
with ADA accessibility per Stipulation No 15.




Page 464
Staff Report: Z-14-23-4
September 1, 2023


16. The Police Department requested that the site be sufficiently illuminated, maintain
video surveillance, complete an authority to arrest agreement, and post signs to
discourage unlawful activity. These are addressed in Stipulation Nos. 5 through 8.

17. The Public Transit Department requested the dedication of right-of-way and
construction a bus stop pad along southbound 15th Avenue. This is addressed in
Stipulation No. 16.

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 applicant
shall conduct a Phase I data testing and submit an archaeology survey report for
review and approval prior to work commencing. If a Phase I data testing is required
and the review of the results, the City Archaeologist, in consultation with a qualified
archaeologist, determine data recovery excavations are necessary, the applicant
shall conduct Phase II archaeological data recovery excavations. 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 Stipulations Nos. 17
through 19.

19. Staff has not received a completed form for the Waiver of Claims for Diminution in
Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required by
the rezoning application process. Therefore, a stipulation has been added to
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 20.

20. Development and use of the site are subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements. Other
formal actions such as, but not limited to, zoning adjustments and abandonments
may be required.

Findings

1. The proposal is consistent with the General Plan Land Use Map designation of
Commercial.

2. The proposal, as stipulated, will promote a strong pedestrian environment along
15th Avenue and McDowell Road with shaded and detached sidewalks that will
convey residents safely and comfortably toward bus access and other amenities
in the area.




Page 465
Staff Report: Z-14-23-4
September 1, 2023


3. The proposal will promote a mix of uses in the neighborhood which will provide
goods and services to the local residents.

Stipulations

1. The maximum building height shall be 23 feet.

2. A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrance and installed per the
requirements of Section 1307.H of the Phoenix Zoning Ordinance, as approved
by the Planning and Development Department. Artistic racks shall adhere to the
Master Plan.

3. 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.

4. A minimum of 5% of the required parking spaces shall be EV Installed.

5. Site lighting shall be provided at building entrances/exits and in the parking and
refuse areas, as approved by the Planning and Development Department. All on-
site lighting shall be shielded to prevent direct visibility of the light source from
residential properties to the south.

6. Video surveillance shall be maintained to monitor activities in and around the
store to discourage alcohol violations and unlawful activities.

7. An “authority to arrest” agreement shall be completed and maintained by the
property owner. The agreement shall be signed and delivered to the Phoenix
Police Department.

8. “No Trespassing” signs shall be posted per Phoenix City Code on the exterior of
the building in both English and Spanish.

9. A 10-foot sidewalk easement shall be dedicated for the south side of McDowell
Road, as approved by the Planning and Development Department.

10. The developer shall dedicate a minimum 40 feet of right-of-way for the west side
of 15th Avenue, adjacent to the development, as approved by the Planning and
Development Department




Page 466
Staff Report: Z-14-23-4
September 1, 2023


11. A minimum 6-foot-wide detached sidewalk separated by a minimum 10-foot-wide
landscape strip located between the back of curb and sidewalk shall be provided
along the south side of McDowell Road, planted to the following standards, as
approved by the Planning and Development Department.

a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade
trees planted 20 feet on center or in equivalent groupings.

b. Shrubs, accents, and vegetative groundcovers to achieve a minimum of
75% live coverage at maturity.

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

12. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be provided
along the west side of 15th Avenue, planted to the following standards, as
approved by the Planning and Development Department.

a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade
trees planted 20 feet on center or in equivalent groupings.

b. Shrubs, accents, and vegetative groundcovers to achieve a minimum of
75% live coverage at maturity.

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

13. The developer shall provide a singular, 40-foot-wide P-1255-2 access point on
McDowell Road at the westernmost property line. All other existing access points
on McDowell Road shall be removed.

14. The developer shall provide a limited access P-1243-2 right in/right out driveway
on 15th Avenue.

15. 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 467
Staff Report: Z-14-23-4
September 1, 2023


16. The developer shall dedicate right‐of‐way and construct a new bus stop pad on
southbound 15th Avenue. The bus stop pad shall be constructed according to
stop pad shall be spaced from McDowell Road according to City of Phoenix
Standard Detail P1258. Trees shall be placed to provide a minimum 50% shade
coverage to the bus stop pad at full maturity.

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 Phase I
data testing, the City Archaeologist, in consultation with a qualified archaeologist,
determines such data recovery excavations are necessary, the applicant shall
conduct Phase II archaeological data recovery excavations.

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

20. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder’s Office and delivered to the City to be included in the rezoning
application file for record.


Writer
Matteo Moric
September 1, 2023

Team Leader
Racelle Escolar

Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped August 8, 2023
Conceptual Building Elevations date stamped February 21, 2023
Fuel Canopy Elevations date stamped February 21, 2023
Community Correspondence (2 pages)




Page 468
R1-6 HP
R1-6 HP R1-6 HP
LAUREL AVE

C-1 15TH AVE
R-5 HP HP R-5
MCDOWELL RD


16TH DR 13TH AVE
C-1 R-5
R-5 P-1 R-5
HP
C-1 P-1
16TH AVE
R1-6 R1-6 R-4 HP
R-4 HP
LYNWOOD ST

R-5 HP R1-6
R1-6 HP Story
Z-134-99 Neighborhood R-5 HP
SPD



I
Miles
MC DOWELL RD
I - 10
Z-14-23


VAN BUREN ST
0.035 0.0175 0 0.035 JEFFERSON ST

CENTRAL CITY VILLAGE BUCKEYE RD


CITY COUNCIL DISTRICT: 4 I - 17
LOWER BUCKEYE RD


40TH ST


CENTRAL AVE
32ND ST
7TH ST
7TH AVE 16TH ST 24TH ST

19TH AVE




APPLICANT'S NAME: REQUESTED CHANGE:
Circle K Stores Inc.
FROM:
R-5 SNSPD ( 0.49 a.c.)
APPLICATION NO. DATE:
3/21/2023
Z-14-23 REVISION DATES: C-1 SNSPD ( 1.09 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.58 Acres QS 12-25 G-7 TO: C-1 SNSPD ( 1.58 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SNSPD, C-1 SNSPD 21, 16 25, 19
C-1 SNSPD 23 27

* Maximum Units Allowed with P.R.D. Bonus
Page 469
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-14-23.mxd
R1-6 HP
R1-6 HP R1-6 HP
LAUREL AVE

C-1 15TH AVE
R-5 HP HP R-5
MCDOWELL RD


16TH DR 13TH AVE
C-1 R-5
R-5 P-1 R-5
HP
C-1 P-1
16TH AVE
R1-6 R1-6 R-4 HP
R-4 HP
LYNWOOD ST

R-5 HP R1-6
R1-6 HP Story
Z-134-99 Neighborhood R-5 HP
SPD



I
Miles
MC DOWELL RD
I - 10
Z-14-23


VAN BUREN ST
0.035 0.0175 0 0.035 JEFFERSON ST

CENTRAL CITY VILLAGE BUCKEYE RD


CITY COUNCIL DISTRICT: 4 I - 17
LOWER BUCKEYE RD


40TH ST


CENTRAL AVE
32ND ST
7TH ST
7TH AVE 16TH ST 24TH ST

19TH AVE




APPLICANT'S NAME: REQUESTED CHANGE:
Circle K Stores Inc.
FROM:
R-5 SNSPD ( 0.49 a.c.)
APPLICATION NO. DATE:
3/21/2023
Z-14-23 REVISION DATES: C-1 SNSPD ( 1.09 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.58 Acres QS 12-25 G-7 TO: C-1 SNSPD ( 1.58 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 SNSPD, C-1 SNSPD 21, 16 25, 19
C-1 SNSPD 23 27

* Maximum Units Allowed with P.R.D. Bonus
Page 470
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2023\Z-14-23.mxd
CIRCLE K STORE
SITE PLAN
SWC 15TH AVENUE & MCDOWELL ROAD, PHOENIX, AZ
30 Executive Park
Suite 100
Irvine, CA 92614
SITE t: 949 296 0450


COPYRIGHT NOTICE




N

ISSUE/REVISION RECORD
VICINITY MAP

OWNER: OWNER REPRESENTATIVE:
CIRCLE K STORES INC. LAND DEVELOPMENT CONSULTANTS, LLC
1120 WEST WARNER ROAD 11811 N. TATUM BLVD. #1051
TEMPE, ARIZONA 85284 PHOENIX, ARIZONA 85028
EX. FIRE HYDRANT EX. TRAFFIC PHONE: (602) 850-8101
TO BE RELOCATED SIGNAL FAX: (602) 997-9807
CONTACT: MIKE SCARBROUGH
10FT. x 20FT. EX. CURB CUT TO BE PROPOSED 6' EX. CURB CUT EXISTING EXISTING EX. CURB CUT PROPOSED EX. CURB,
VISIBILITY MODIFIED PER C.O.P PARKWAY & TO CLOSE R-O-W 7 FT. R-O-W TO CLOSE R-O-W GUTTER & ARCHITECT :
GREENBERG FARROW
TRIANGLE (P1255-2 DETAIL) 6' DETACHED DEDICATION SIDEWALK 30 EXECUTIVE PARK, SUITE 100
SIDEWALK 33.0' IRVINE, CA 92614
40.0' PHONE: (949) 296-0450
FAX: (949) 296-0479
1.0' CONTACT: DOUG COUPER
40.0' 33FT. x 33FT.
20.0' 8.1' 20.0' 6.0' VISIBILITY TRIANGLE PROFESSIONAL SEAL
7.0' 33.0'
6.0' EXISTING PROJECT INFORMATION
10.0' 6.0' 10.0'
10.5' 10.0'
6.0' R-O-W PROJECT NAME: CIRCLE K CONVENIENCE STORE

W
PROJECT ADDRESS: SWC 15TH AVENUE & MCDOWELL ROAD, PHOENIX, AZ
33.0' EX. CIRCLE K PYLON
EX. 1' ELEC. EX. PARCEL PROPOSED 10 FT. PROPOSED PROJECT DESCRIPTION: PROPOSAL FOR A NEW CONVENIENCE STORE WITH ASSOCIATED
26.0' 8.0' SIGN TO BE RELOCATED
ESMT. LINE TO BE SIDEWALK ESMT. AIR & WATER FUEL SALES CONSISTING OF A 5,200 S.F. CONVENIENCE STORE
PROPOSED (25' MIN. REQ. 27.8' 5.0' AND A FUEL CANOPY WITH 6 FUEL PUMPS.
DKT 1776 PG 331 DRIVE AISLE) ABANDONED PROP. 8' PARKWAY &
MONUMENT SIGN PROPOSED
DIRECTIONAL SIGN 5' DETACHED SIDEWALK
ZONING INFORMATION
EX. C-LINK FENCE JURISDICTION: PHOENIX, AZ
57.3' 12.9' 40.0' 25.0' 7.0' 33.0'
TO BE REMOVED EXISTING ZONING: C-1 (NEIGHBORHOOD RETAIL)
PROPOSED 7' R-5 (MULTI-FAMILY RESIDENTIAL)
12.0' 24.0' 12.0' 20.0'
9.1'
R-O-W DEDICATION PROPOSED ZONING: C-1 (NEIGHBORHOOD RETAIL) PROFESSIONAL IN CHARGE
11.5' R35.0'
61.1' 49.1' MAX. BLDG HEIGHT ALLOWED: 23' BLDG HEIGHT PROVIDED: 21'-6"
PROJECT MANAGER
10.0' 49.6' 10.0' 20.0' SETBACKS:
PROPOSED
R-O-W FRONT: AVERAGE 25', MINIMUM 20' QUALITY CONTROL
R-5 26.0' C-1 32.7' PROPOSED 2 BIKE SIDE: 0' (ADJACENT TO C-1)
(25' MIN. REQ. R2.0' REAR: 25' (ADJACENT TO R1-6)
(MULTI-FAMILY (NEIGHBORHOOD RACKS (4 BIKE SP) & DRAWN BY
REAR: 10' (ADJACENT TO R-4/R-5)
DRIVE AISLE)
RESIDENTIAL) 9.5' RETAIL) 9.5' BIKE REPAIR STATION 40.0' EX. CURB CUT TO BE
11.0' SITE DATA PROJECT NAME
TYP. 5.0' 6.0' TYP. MODIFIED PER C.O.P
Page 471
PARCELS: APN: 111-18-113, 111-18-114, 111-18-115, 111-18-116,
DETAIL# P-1243-2 AND PART OF 111-18-117
R4.0' CIRCLE K
9 18.0' 8 16.5' R2.0' CIRCLE K NET SITE AREA: ±1.06 AC (±46,154 SF)
8.4' 32.1' 16.0'
8K SUP 10.0' R-O-W DEDICATION AREA: ±0.08 AC (± 3,531 SF) STORES INC.
8.2'
PROPOSED 37.0' 8.4' EX. CURB, GUTTER TOTAL GROSS SITE AREA: ±1.14 AC (±49,685 SF)
PROP. LINE 20.1' 6.0' 9.5' & SIDEWALK TO BE PHOENIX,
KB

REMOVED BUILDING AREA
9.5' 6.2' 9.5' ARIZONA
12K DIESEL
20K REGULAR
2 R20.0' CONVENIENCE STORE BLDG AREA 5,200 SF
PROPOSED TYP. 6.0' TYP. SWC 15TH AVENUE
10FT. x 20FT. FUEL CANOPY AREA 3,936 SF
FREESTANDING 10.1' 18.0' 19.8' 11.8' & MCDOWELL ROAD
21.6' 18.0' 26.0'
VISIBILITY CIRCLE K SITE COVERAGE ±19.79% (8,619 SF/AC)
VENT RISER
TRIANGLE (BASED ON 9,136 SF BLDG PLUS CANOPY AREA AND
6.0' 46' ±1.06 AC OF NET SITE AREA)
PROPOSED TRASH 3 2 EV
ENCLOSURE 30.0' EX. BUS PAD TO BE
PARKING REQUIREMENTS
T EV MODIFIED PER C.O.P
5.0' CIRCLE K PARKING REQUIRED
EXISTING DETAIL# P1260 GENERAL RETAIL: 1 SP/300 SF 18
R-O-W 10.0'
5.7' 113' 10.7' CIRCLE K PARKING PROVIDED
EX. BLOCK WALL
STANDARD PARKING SPACES 23 SP
1.0' 0.5'
TO BE REMOVED
ACCESSIBLE PARKING SPACES 1 SP
(10' MIN. STBK. (10' MIN. STBK. TOTAL CIRCLE K PARKING PROVIDED 24 SP
REQ. ADJ. TO REQ. ADJ. TO
PROPOSED 6 FT. PROPOSED EX. POWER EX. BLOCK EX. C-LINK EX. POWER PROPOSED 6 FT. BICYCLE PARKING PROVIDED 4 SP
R-4/R-5 ZONES) R-4/R-5 ZONES)
42.5
HIGH BLOCK WALL TRANSFORMER POLES & OVHD. WALL TO BE FENCE TO BE POLES & OVHD. HIGH BLOCK WALL 19.92


ELECTRIC LINES REMOVED REMOVED ELECTRIC LINES

Max 56° Horiz
15.5 Max 10° Vert
3 10.4 4.2
33.5 4 2


WB-50 - Intermediate Semi-Trailer
Overall Length 55.000ft
Overall Width 8.500ft
Overall Body Height 12.052ft
R1-6 HP Min Body Ground Clearance 1.334ft
Max Track Width 8.500ft
Lock-to-lock time 6.00s
Max Steering Angle (Virtual) 17.90°
(SINGLE FAMILY
RESIDENCE)

GENERAL NOTES
PROJECT NUMBER
1. THIS IS A CONCEPTUAL SITE PLAN AND IS FOR PLANNING PURPOSES ONLY.
2. THIS SITE PLAN IS BASED ON ALTA LAND TITLE SURVEY PREPARED BY BAUER LAND
SURVEYING, LLC. DATED 02/02/2022. SHEET TITLE
3. ADDITIONAL ACCESSIBILITY REQUIREMENTS TO BE VERIFIED WITH JURISDICTION.
SITE PLAN
SCALE 1"=20'
SHEET NUMBER


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From: PDD Long Range Planning
To: Matteo Moric
Subject: FW: Circle K Rezoning Request 15th ave and McDowell
Date: Monday, March 27, 2023 10:18:47 AM


For you

Thank you,
Geno Koman
Secretary II
200 West Washington Street, 3rd Floor
Phoenix, Arizona 85003
Phone: 602-495-2076
geno.koman@phoenix.gov

From: Ivette Rodriguez
Sent: Monday, March 27, 2023 10:17 AM
To: jill@ldcaz.com; PDD Long Range Planning
Cc: Andrew Hastings
Subject: Circle K Rezoning Request 15th ave and McDowell

Dear Ms. Kaiser and Mr. Moric,

My name is Ivette Rodriguez. I reside at 1505 W. Lynwood St - one block south of the current Circle K
and the proposed expansion.

I can’t attend the meeting in person today, but I wanted to express some concerns with Circle K.

While I don’t have particular concerns with the expansion of the property per se - I do not consider
Circle K to be a good neighbor, and I am worried that these problems will persist or worsen.

1) Transients: There are consistent issues with the parking lot and the store itself being a place
where transients hang out. They will drink in the parking lot, fight with the customers, and then
come to our neighborhood.



Example: A few weeks ago, someone showed up on my front lawn because he allegedly attempted
to stab a Circle K clerk. Other transients were trying to attack him because they were angry since
that clerk reportedly was the one who gave them free food and drinks. My second grade daughter
witnessed this and was terrified.

2) Trash. Every day I pick up cups and other trash that have landed on my lawn from the Circle K.

3) Crime. The Circle K has been robbed a few times. Also, the transients use that parking lot area to
use drugs. We find needles and pipes there regularly.



Page 474
My ask: I wish for a requirement of this expansion to be that the owners of Circle K make a
significant investment in security for the parking lot and the store. The building expansion is not a
concern for me - but I worry that the store is already not well taken care of and is attracting people
who cause trouble for the community. If this worsens, it will impact our neighborhood and drop
property values.



If you need to reach me for clarification, you can email me here or call me at 602.384.5155. I have
also copied my landlord, Andrew Hastings, on this message.

Warmly,

Ivette Rodriguez




Page 475
ATTACHMENT C




Village Planning Committee Meeting Summary
Z-14-23-4


Date of VPC Meeting September 11, 2023
Request From R-5 SNSPD and C-1 SNSPD
Request To C-1 SNSPD
Proposal Retail convenience store with fuel sales
Location Southwest corner of 15th Avenue and McDowell Road
Approval, per the staff recommendation with an
VPC Recommendation
additional stipulation
VPC Vote 13-1-1


VPC DISCUSSION:

Two members of the public registered to speak on this item, one in support, one in
opposition. One member of the public registered in support, not wishing to speak.

STAFF PRESENTATION
Anthony Grande, staff, provided a presentation regarding the proposed rezoning. He
described the location of the request, the surrounding area, the proposed zoning, and
the proposed development, in addition to summarizing the staff recommendation and
stipulations.

APPLICANT PRESENTATION
Brennan Ray, representing the applicant with Burch and Cracchiolo, provided a
presentation regarding the proposal, highlighting that Circle K has been operating at
the site for 53 years and that this proposal would represent a significant upgrade,
including better architecture, lighting, and vehicular access improvements.

QUESTIONS FROM COMMITTEE
Committee Member Gaughan asked if there would be signage for the right-turn only
exit. Mr. Ray stated he didn’t know yet if signage would be allowed or required by
Streets.

Committee Member Dana Johnson asked about the bicycle repair station. Mr. Ray
replied with a description of the station. Mr. Grande noted that there are standards the
city applies to the bicycle repair station.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Page 476
Central City Village Planning Committee
Meeting Summary
Z-14-23-4



Committee Member Martinez asked for clarification about the vehicular access points
and that there will be no access from the alley. Mr. Ray provided clarification on
vehicular access and confirmed there would be no access from the alley.

Committee Member Olivas asked whether traffic could enter the site turning left from
15th Avenue. Mr. Ray stated that would not be allowed. Ms. Olivas stated that the
larger store is good for safety because it would have more employees, and asked
about the timeline for development and whether the alley would be abandoned. Mr.
Ray stated there would be no abandonment of the alley and that the timeline was not
solidified but it would be longer than 9 months from now. Ms. Olivas asked about the
neighborhood outreach. Mr. Ray described the neighborhood meeting for the case.

Committee Member Dana Johnson noted a potential crime issue with the space
between the trash and the wall.

Committee Member Gaughan asked about a lighting plan for the alley. Mr. Ray
stated they will work with the City in the site plan review process to include lighting in
the alley.

Committee Member Starks asked about the authority to arrest agreement.
Committee Member Greenman provided clarification. Dave Slacks, representative
with Circle K, stated that the authority to arrest allows the police to remove an
individual from the site without employees of the store requesting it. Ms. Starks asked
about how people are removed from the site. Mr. Slacks replied with details about the
process.

Committee Member Panetta asked about the 40-foot dedication on 15th Avenue. Mr.
Grande explained that it would require 7 feet of additional right-of-way than what is
there today. Mr. Panetta asked about on-site security. Mr. Slacks stated that the site
has a mobile safety patrol that goes to this store multiple times per night. Ms. Olivas
noted that the description provided differed from what was provided at the
neighborhood meeting and that the applicant should provide a correction to the
community.

Committee Member Sherman asked about single-serving alcohol, blocked windows
creating security issues, and about the number of employees expected at the new
store. Mr. Ray replied that liquor sales would be governed by the liquor license
process, the number of employees hasn’t been determined yet, and the applicant will
continue to review the security issue with windows.

Committee Member Panetta stated that there was no zoning-related reason to deny
the request, but Circle K stores tend to have issues.

Committee Member Uss stated that Circle K could explore working with Phoenix
Rescue Mission when removing people from the property.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 477
Central City Village Planning Committee
Meeting Summary
Z-14-23-4



Committee Member Vargas asked about truck access to the property. Mr. Ray replied
that they can’t guarantee a route for trucks, but the likely route shown on the site plan
would be to enter from southbound 15th Avenue and exit onto McDowell Road.

Chair Gonzales asked if a study was done for truck movements. Mr. Ray replied that a
study was done for truck movements on site.

PUBLIC COMMENTS
Jeff Densic introduced himself and spoke in opposition, stating that most retail lots are
small lots and allowing the assemblage would change the dynamic of the area and that
the development should be more responsive to the historic neighborhood.

Byron Sampson introduced himself and spoke in support, noting the need for the
larger store and the positive presence of lighting in the project.

APPLICANT RESPONSE
Mr. Ray stated that the right-in right-out on 15th Avenue was requested by the Street
Transportation Department and that it will be a raised curb, not simply striped. He
further noted that the applicant will add pole lighting where the city allows it, in order to
enhance safety.

Committee Member Martinez asked about the removal of trees on site. Mr. Ray
replied that the trees would be removed for a complete redevelopment of the site.

Committee Member Uss stated that comments in support of lighting can be sent to
the city.

MOTION
Jordan Greenman made a motion to recommend approval of Z-14-23-4, per the staff
recommendation with the additional stipulation that in-person full-time security,
dedicated to this store, shall be provided 8 hours per day on site. Eva Olivas seconded
the motion for approval per the staff recommendation with the additional stipulation.

VOTE
13-1-1, Motion to recommend approval of Z-14-23-4, per the staff recommendation with
the additional stipulation passed, with Committee Members Burton, Gaughan,
Greenman, Johnson, Lockhart, Martinez, Nervis, Olivas, Panetta, Sherman, Sonoskey,
Uss, and Vargas in favor; Committee Member Gonzales opposed; Committee Member
Starks abstaining.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 478
Central City Village Planning Committee
Meeting Summary
Z-14-23-4


VPC RECOMMENDED STIPULATIONS:

1. The maximum building height shall be 23 feet.

2. A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrance and installed per the
requirements of Section 1307.H of the Phoenix Zoning Ordinance, as approved
by the Planning and Development Department. Artistic racks shall adhere to the
Master Plan.

3. 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.

4. A minimum of 5% of the required parking spaces shall be EV Installed.

5. Site lighting shall be provided at building entrances/exits and in the parking and
refuse areas, as approved by the Planning and Development Department. All on-
site lighting shall be shielded to prevent direct visibility of the light source from
residential properties to the south.

6. Video surveillance shall be maintained to monitor activities in and around the
store to discourage alcohol violations and unlawful activities.

7. An “authority to arrest” agreement shall be completed and maintained by the
property owner. The agreement shall be signed and delivered to the Phoenix
Police Department.

8. “No Trespassing” signs shall be posted per Phoenix City Code on the exterior of
the building in both English and Spanish.

9. A 10-foot sidewalk easement shall be dedicated for the south side of McDowell
Road, as approved by the Planning and Development Department.

10. The developer shall dedicate a minimum 40 feet of right-of-way for the west side
of 15th Avenue, adjacent to the development, as approved by the Planning and
Development Department

11. A minimum 6-foot-wide detached sidewalk separated by a minimum 10-foot-wide
landscape strip located between the back of curb and sidewalk shall be provided
along the south side of McDowell Road, planted to the following standards, as
approved by the Planning and Development Department.


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 479
Central City Village Planning Committee
Meeting Summary
Z-14-23-4


a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade
trees planted 20 feet on center or in equivalent groupings.

b. Shrubs, accents, and vegetative groundcovers to achieve a minimum of
75% live coverage at maturity.

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

12. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be provided
along the west side of 15th Avenue, planted to the following standards, as
approved by the Planning and Development Department.

a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade
trees planted 20 feet on center or in equivalent groupings.

b. Shrubs, accents, and vegetative groundcovers to achieve a minimum of
75% live coverage at maturity.

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

13. The developer shall provide a singular, 40-foot-wide P-1255-2 access point on
McDowell Road at the westernmost property line. All other existing access points
on McDowell Road shall be removed.

14. The developer shall provide a limited access P-1243-2 right in/right out driveway
on 15th Avenue.

15. 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.

16. The developer shall dedicate right‐of‐way and construct a new bus stop pad on
southbound 15th Avenue. The bus stop pad shall be constructed according to
stop pad shall be spaced from McDowell Road according to City of Phoenix
Standard Detail P1258. Trees shall be placed to provide a minimum 50% shade
coverage to the bus stop pad at full maturity.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 480
Central City Village Planning Committee
Meeting Summary
Z-14-23-4


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 Phase I
data testing, the City Archaeologist, in consultation with a qualified archaeologist,
determines such data recovery excavations are necessary, the applicant shall
conduct Phase II archaeological data recovery excavations.

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

20. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder’s Office and delivered to the City to be included in the rezoning
application file for record.

21. IN-PERSON FULL-TIME SECURITY, DEDICATED TO THIS STORE, SHALL
BE PROVIDED 8 HOURS PER DAY ON SITE.


STAFF COMMENTS REGARDING VPC RECOMMENDATION:

Staff does not recommend the addition of Stipulation No. 21. The provision of on-site
security is related to the operation of the site post-construction for a specific user, and is
not appropriate as a stipulation for zoning entitlement.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 481
ATTACHMENT D


REPORT OF PLANNING COMMISSION ACTION
October 5, 2023

ITEM NO: 14
DISTRICT NO.: 4
SUBJECT:

Application #: Z-14-23-4
Location: Southwest corner of 15th Avenue and McDowell Road
From: R-5 SNSPD and C-1 SNSPD
To: C-1 SNSPD
Acreage: 1.58
Proposal: Retail convenience store with fuel sales.
Applicant: Circle K Stores, Inc.
Owner: Circle K Stores, Inc.
Representative: Land Development Consultants, LLC

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Central City 9/11/2023 Approval, per the staff recommendation with an additional stipulation.
Vote: 13-1-1.

Planning Commission Recommendation: Approval, per the staff recommendation with an
additional stipulation.

Motion Discussion: N/A

Motion Details: Commissioner Boyd made a MOTION to approve Z-14-23-4, per the staff
recommendation (with the deletion of stipulation 21, added by Central City Village Planning
Committee) and an additional stipulation to place trash cans on the east side of the building.

Maker: Boyd
Second: Perez
Vote: 7-0
Absent: Gaynor and Mangum
Opposition Present: Yes

Findings:

1. The proposal is consistent with the General Plan Land Use Map designation of
Commercial.

2. The proposal, as stipulated, will promote a strong pedestrian environment along 15th
Avenue and McDowell Road with shaded and detached sidewalks that will convey
residents safely and comfortably toward bus access and other amenities in the area.

3. The proposal will promote a mix of uses in the neighborhood which will provide goods
and services to the local residents.



Page 482
Stipulations:

1. The maximum building height shall be 23 feet.

2. A minimum of 4 bicycle parking spaces shall be provided through Inverted U and/or
artistic racks located near the building entrance 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.

3. 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.

4. A minimum of 5% of the required parking spaces shall be EV Installed.

5. Site lighting shall be provided at building entrances/exits and in the parking and refuse
areas, as approved by the Planning and Development Department. All on-site lighting
shall be shielded to prevent direct visibility of the light source from residential
properties to the south.

6. Video surveillance shall be maintained to monitor activities in and around the store to
discourage alcohol violations and unlawful activities.

7. An “authority to arrest” agreement shall be completed and maintained by the property
owner. The agreement shall be signed and delivered to the Phoenix Police
Department.

8. “No Trespassing” signs shall be posted per Phoenix City Code on the exterior of the
building in both English and Spanish.

9. A 10-foot sidewalk easement shall be dedicated for the south side of McDowell Road,
as approved by the Planning and Development Department.

10. The developer shall dedicate a minimum 40 feet of right-of-way for the west side of
15th Avenue, adjacent to the development, as approved by the Planning and
Development Department.

11. A minimum 6-foot-wide detached sidewalk separated by a minimum 10-foot-wide
landscape strip located between the back of curb and sidewalk shall be provided along
the south side of McDowell Road, planted to the following standards, as approved by
the Planning and Development Department.

a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade trees
planted 20 feet on center or in equivalent groupings.

b. Shrubs, accents, and vegetative groundcovers to achieve a minimum of 75%
live coverage at maturity.

Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
Page 483
12. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be provided along
the west side of 15th Avenue, planted to the following standards, as approved by the
Planning and Development Department.

a. Minimum 2-inch caliper single-trunk, large canopy, drought-tolerant shade trees
planted 20 feet on center or in equivalent groupings.

b. Shrubs, accents, and vegetative groundcovers to achieve a minimum of 75%
live coverage at maturity.

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

13. The developer shall provide a singular, 40-foot-wide P-1255-2 access point on
McDowell Road at the westernmost property line. All other existing access points on
McDowell Road shall be removed.

14. The developer shall provide a limited access P-1243-2 right in/right out driveway on
15th Avenue.

15. 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.

16. The developer shall dedicate right-of-way and construct a new bus stop pad on
southbound 15th Avenue. The bus stop pad shall be constructed according to City of
Phoenix Standard Detail P1260 with a minimum depth of 10 feet. The bus stop pad
shall be spaced from McDowell Road according to City of Phoenix Standard Detail
P1258. Trees shall be placed to provide a minimum 50% shade coverage to the bus
stop pad at full maturity.

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 Phase I data
testing, the City Archaeologist, in consultation with a qualified archaeologist,
determines such data recovery excavations are necessary, the applicant shall conduct
Phase II archaeological data recovery excavations.

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

20. Prior to preliminary site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder’s Office and delivered to the City to be included in the rezoning application
file for record.
Page 484
21. IN-PERSON FULL-TIME SECURITY, DEDICATED TO THIS STORE, SHALL BE
PROVIDED 8 HOURS PER DAY ON SITE.

21. TRASH CANS SHALL BE PROVIDED ON THE EAST SIDE OF THE BUILDING.




This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz 602-602-291-2559, TTY use 7-1-1
Page 485
ATTACHMENT E

From: Byron Sampson
To: Matteo Moric; Geno Koman; Pdd.logrange@phoenix.gov
Cc: Ivette Rodriguez; Roberta Hancock
Subject: Re: COPhx Data
Date: Wednesday, October 4, 2023 6:36:05 PM




Subject: Circle K Rezoning Request – 15th Avenue and West McDowell Road
Application Number: Z-14-23-4

Mr. Moric
My name is Byron Sampson and I reside at 1506 West Lynwood Street, immediately across the alley from the Circle
K property.

I am not certain that I will make the Zoning Hearing scheduled for 05 October 2023; however, I wanted to make the
following issues known to the Planning Department as this application is being considered:

I am in favor of the expansion and improvements of the Circle K development site,

I agree with the Community Action Officer from Phoenix PD that the expansion and improvements will be a benefit
to the neighborhood – crime reduction, higher door counts, increased public scrutiny,

A long held principle in urban revitalization is that neglect breeds contempt, this facility has remained in a similar
state since we moved into the neighborhood in 1986,

As an equal steward of the public alley between our properties, Circle K has neglected their responsibilities of alley
maintenance,
Example: Unhoused residents encampments and trash, weed growth,         graffiti, public urination and
defecation.

Lighting is always a concern in the central part of the city, having lighting with house shields on the gas canopy and
rear of the building to illuminate the parking lot and alley will be essential – this will include the full length of the
south property line,

Safety concerns in regard to employee and community safety are equally paramount, having 24/7 on site security
staff and cameras would be a welcome addition to the planning stipulations,

The trees called on the plan will not mitigate the urban heat island and are subject storm and wind damage (Desert
Museum)-please provide shade trees that are in keeping with the character of the historic neighborhoods and that
they should be maintained in a manner characteristic to their natural growth,

In conclusion, it is recognized that the bus stop is uniquely situated and currently has little to no oversight from
either Valley Metro or the understaffed Circle K, having cameras and lighting in this area would be beneficial as
well.

Thank you for your time and consideration and all you and the Planning staff do to make the City as great as it can
be.

Kind Regards,
Byron Sampson
1506 West Lynwood Street
Phoenix, AZ 85007




Page 486
ATTACHMENT F


Oct. 3, 2023


Racelle Escolar, AICP
Principal Planner
Planning and Development Department
Planning Division
Dear Racelle:
Thank you for speaking with me last week about the Planning and Development Department’s Staff
Report Z-14-23-4 (“Staff Report”) regarding Circle K’s zoning applicaUon for their property located at
1501 W. McDowell Rd. in Phoenix. I appreciated you forwarding the Village Planning CommiZee
MeeUng Summary from Sept. 11th, since a schedule conflict prevented me from aZending that
session.
As menUoned to you, my wife Terri and I reside at 1502 W. Lynwood St, Phoenix, AZ 85007. We have
lived here full Ume since buying the property in March 2020. Our home is on the NW corner of W.
Lynwood St. and N. 15th Ave and the residence closest to this Circle K store. A pool and casita are
located behind the house on the north side of our lot, with the north wall of the casita facing the
alley we share with Circle K.
The purpose of this leZer is to provide our perspecUve on the zoning applicaUon and to request that
certain sUpulaUons listed in the prior to Planning Commission acUon.
Neighborhood
We enjo y living in F.Q. Story, have excellent neighbors and an acUve associaUon. Each morning, we
walk about 1.5 miles through the neighborhood. Aderwards I check on our alley, the bus stop and
the east side of Circle K that faces N. 15th Ave. In late adernoon ader finishing work, we swim and
exercise in our pool year-round. During the morning and adernoon, if there’s excessive noise from
transients, loitering or encampments (either in the alley, at the bus stop, along the Circle K east wall
or across the street at 1515 N. 15th Ave.), I’ll call the police non-emergency number and request
officers to stop by. The police have been very responsive and the transients usually move on. If and
when they return later in the evening before bed or early the next morning around 5 a.m. (the start
of my workday in the casita), I will call the non-emergency number and report the incidents. In
certain instances when encampments occur, we will also connect with PHX C.A.R.E.S. for their
assistance.
Having lived in downtown Philadelphia and New York City before moving to Phoenix, we are keenly
aware of pros and cons of urban life and the need to be diligent and responsible neighbors. We want
F.Q. Story to remain vibrant and safe.
Challenges
The key challenges we address while living here are:
1. Transient encampments or gatherings in the shared alley with Circle K, along the east wall of
Circle K, at the bus stop (SE corner of Circle K’s property), the west wall of LoanMax (directly



Page 487
Requested Revisions: Archie & Terri Simons – 1502 W. Lynwood St., Phoenix, AZ 85007 (10/3/23)

across the street from Circle K on the SE corner of McDowell and N. 15th Ave.) or in the front
of the building south of LoanMax located at 1515 N. 15th Ave. Almost every day, transients
gather at the east Circle K wall and the bus stop. Circle K does have no trespassing signs posted
on their east wall and the south wall facing the alley, however these signs are old, worn out
and need to be replaced. To our knowledge, Circle K has not filed an authority to arrest with
the city and neither Circle K management nor their security personnel move transients from
the east wall of their property or from the alley. We also believe Circle K’s calls to the police
to clear out transients are not made very oden. In addiUon, there are two metal chairs at the
bus stop but one of them has been moved by transients slightly to the north of the bus stop;
this chair is normally occupied by transients during the day and someUmes at night. As a result,
the bus stop is not a welcome place for anyone waiUng to take the bus. Those people, instead
of sikng in the one remaining chair, someUmes hang out in the alley or outside our garage gate
that faces 15th Ave. unUl the bus arrives.
2. Transient behavior including loud noise, drug dealing, drug use, defecaUng and urinaUng in the
shared alley with Circle K, behind the rear fence located on the south side of Circle K and along
the Circle K east wall. The Circle K rear fence has been ripped apart for over two years and
never repaired. Transients use that area either for a bathroom and/or drug use. The liZer and
feces in the fenced-in area is not removed by Circle K.
3. Trash removal on the front lawn and east sidewalk of our property facing N. 15th Ave and on
the east wall of Circle K. Most of the trash, except discarded clothing, is from Circle K purchases
- food, food wrappers, cups, cans, plasUc containers, broken glass boZles and cigareZe buZs
(“Circle K Trash”). Part of reason for too much Circle K Trash is the absence of any Circle K trash
containers in or near the east wall of the property, along with only one city trash container by
the bus stop. The city trash container gets filled up easily as Circle K patrons leave with
food/drink purchased, some of which is then discarded near the Circle K east wall, around the
bus stop, in the alley or along the 15th Ave. sidewalk adjacent to our home.
4. Our removal of Circle K Trash, along with excrement, drug paraphernalia (needles, spoons,
burnt aluminum foil, etc.), discarded clothing, cardboard boxes and shopping carts (“Transient
Trash”) from the alley. We believe that Circle K makes no effort to keep the alley clean and safe.
I know because I’m out there every day. They someUmes pick up stuff along the Circle K east
wall but it’s not a daily occurrence.
5. Circle K markeUng flags (currently red and yellow ads for $.25 gas discounts) that have recently
been placed on the NE corner of the store. We see these flags all the Ume from our property.
They are a nuisance, detract from the character of the neighborhood and should not be placed
where we can see them.
6. Periodic robberies at Circle K which wake us up since they typically occur at night and negaUvely
impact the safety of the neighborhood.
RecommendaWons
We want Circle K management to get beZer focused about meshing their business operaUons into
the fabric of our community, today in the current store and then with the new building ader it is
completed. This viewpoint is consistent with the first Design Principle cited under General Plan
Conformity in the Staff Report:


Page 488
Requested Revisions: Archie & Terri Simons – 1502 W. Lynwood St., Phoenix, AZ 85007 (10/3/23)

“CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE VALUE; CERTAINTY &
CHARACTER: Create new development or redevelopment that is sensiWve to the scale and
character of the surrounding neighborhoods and incorporates adequate development standards
to prevent negaWve impact(s) on residenWal properWes.”
In order to prevent negaUve impacts from this zoning proposal on the residenUal properUes in F.Q.
Story, below are specific changes that should be made to certain of the sUpulaUons set forth in
Report Z-14-23-4, including SUpulaUon No. 21 added by the Village Planning CommiZee.
§ SUpulaUon No. 6: “Video surveillance shall be maintained 24 HOURS A DAY ON ALL FOUR
SIDES OF THE BUILDING to monitor acUviUes in and around the store to discourage alcohol
violaUons, TRESPASSING, DRUG USE and OTHER unlawful acUviUes. THE DEVELOPER SHALL
MONITOR THE OCCURRENCE OF SUCH UNLAWFUL ACTIVITIES AND REPORT THESE
ACTIVITIES TO THE PHOENIX POLICE DEPARTMENT ON A TIMELY BASIS.”
§ SUpulaUon No. 7: “An authority to arrest agreement shall be completed and maintained by
the property owner, FOR THE EXISTING PROPERTY ON OR BEFORE DEC. 31, 2023 AND, IF
NEEDED BY THE PHOENIX POLICE DEPARTMENT, FOR THE NEW STORE PRIOR TO
OCCUPANCY. The agreements shall be signed and delivered to the Phoenix Police
Department.”
§ SUpulaUon No. 21 (added by the Village Planning CommiZee): “IN-PERSON FULL-TIME
SECURITY, DEDICATED TO THIS STORE, SHALL BE PROVIDED 24 HOURS A DAY ON SITE.”
§ NEW STIPULATION NO. 22: “IN ACCORDANCE WITH THE CITY OF PHOENIX CITY CODE
CHAPTER 31, STREETS AND SIDEWALKS, SECTION 31-10, THE LANDOWNER IN CONTROL OF
ANY LAND ABUTTING A SIDEWALK, ALLEY OR STREET SHALL MAINTAIN SUCH SIDEWALK,
ALLEY OR STREET ON WHICH SUCH LAND ABUTS IN A CLEAN CONDITION IN SUCH MANNER
AS TO BE FREE FROM: (1) LITTER, GARBAGE, DEBRIS, RUBBLE; (2) INSECT AND RODENT
INFESTATION; (3) OVERGROWN VEGETATION, DEAD TREES, BRUSH AND WEEDS; AND (4)
OTHER CONDITIONS THAT PRESENT A HEALTH, FIRE OR SAFETY HAZARD. THE DEVELOPER
SHALL ACT IN A TIMELY MANNER TO COMPLY WITH THESE REQUIREMENTS OF SECTION 31-
10.”
§ NEW STIPULATION NO. 23: “THE DEVELOPER SHALL HAVE TWO LARGE TRASH CONTAINERS
FOR CUSTOMERS LOCATED ON THE EAST SIDE OF THE BUILDING, ONE AT THE NE CORNER
OF THE STORE AND THE OTHER NEAR THE SIDEWALK TO THE RIGHT OF THE BUS STOP.
THESE TRASH CONTAINERS SHALL BE EMPTIED WHEN FULL ON A TIMELY BASIS.”
§ NEW STIPULATION NO. 24: “THE DEVELOPER SHALL NOT PLACE MARKETING FLAGS IN
FRONT OR ON THE SIDES OF THE STORE THAT ARE VISIBLE TO NEIGHBORING HOMES
LOCATED SOUTH OF THE PROPERTY.”
We appreciate the opportunity to comment on this Circle K zoning proposal and trust that the
Planning Commission will adopt our recommendaUons.


Sincerely Yours,
Archie & Terri Simons


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Item text
Public Hearing and Ordinance Adoption - PHO-1-23--Z-9-19-4 - Northeast Corner
of Central Avenue and Indian School Road (Ordinance G-7216)

Request to hold a public hearing and authorize the City Manager, or his designee, to
consider the Planning Commission recommendation by the City Council on matters
heard by the Planning Commission on Dec. 7, 2023.

Summary
Application: PHO-1-23--Z-9-19-4
Existing Zoning: WU T6:HWR
Acreage: 17.72

Owner: Julia Najafi, Central Park I, LLC
Applicant/Representative: Jason Morris, Withey Morris Baugh, PLC

Proposal:
1. Request to modify Stipulation 2 regarding public pedestrian plaza.
2. Request to modify Stipulation 3 regarding a linear view corridor.
3. Request to delete Stipulation 4 regarding public pedestrian accessways.
4. Request to modify Stipulation 5 regarding public primary pedestrian accessway.
5. Request to modify Stipulation 6 regarding public open space.
6. Request to modify Stipulation 7 regarding three public open space areas.
7. Request to delete Stipulation 14 regarding alignment of ingress and egress points
with the existing street network.

VPC Action: The Encanto Village Planning Committee reviewed the request on Aug. 7,
2023, and continued the case, by a vote of 17-0. The Encanto Village Planning
Committee reviewed the request on Sept. 11, 2023, and recommended approval, by a
vote of 9-4.
PHO Action: The Planning Hearing Officer heard the request on Sept. 20, 2023, and
continued the case to Oct. 18, 2023. The Planning Hearing Officer heard the request
on Oct. 18, 2023, and recommended denial as filed, approval with modifications and
additional stipulations.
PC Action: The Planning Commission reviewed the request on Dec. 7, 2023, and
recommended approval, per the Planning Hearing Officer recommendation, by a vote


Page 493

of 5-0.
The Planning Commission recommendation was appealed by a concerned community
member on Dec. 14, 2023.

Location
Northeast corner of Central Avenue and Indian School Road
Council District: 4
Parcel Address: 4141 and 4221 N. 3rd St.

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




Page 494
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-9-19-4 PREVIOUSLY APPROVED BY
ORDINANCE G-6610.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located at the Northeast

corner of Central Avenue and Indian School Road in a portion of Section 20,

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

are hereby modified to read as set forth below.

STIPULATIONS:

1. The maximum building height shall be limited to 400 feet.

2. A minimum 0.75 1 gross acre public pedestrian plaza/public open space area
shall be provided at the intersection of Central Avenue and Indian School
Road.

3. A PEDSTRIAN linear view corridor that is A an average of 85 feet in width,
minimum 40 60 feet in width, measured at the ground level and between
buildings shall be provided from the southwest corner of the site to A
CENTRALIZED OPEN SPACE PLAZA the northeast corner of the site and
begin with the pedestrian plaza. THE DEVELOPER SHALL WORK WITH THE
PLANNING AND DEVELOPMENT DEPARTMENT AND PARKS AND
RECREATION DEPARTMENT TO ESTABLISH THREE (3) PEDESTRIAN
ACCESS POINTS BETWEEN THE INTERIOR OF THE SUBJECT SITE AND
STEELE INDIAN SCHOOL PARK (THE “PARK”), SUBJECT TO LEGAL
ACCESS TO THE PARK BEING PROVIDED BY THE CITY OF PHOENIX AT



Page 495
ITS SOLE DISCRETION. ONE (1) ACCESS POINT IS DESIRED OUTSIDE
OF THE PARK GATES AT FARRINGTON DRIVE AND TWO (2) ARE
DESIRED ALONG THE NORTHEAST AND EAST SHARED PROPERTY
LINES.
The view corridor shall focus on the historic cafeteria tower and on the
mountain views (Piestewa Peak) and be in general conformance with the
Uptown TOD conceptual Master Plan, as approved by the Planning and
Development Department

4. A minimum 26-foot-wide primary and a minimum 10-foot-wide secondary public
pedestrian accessway shall be located within the view corridor and shall be
constructed of a decorative material, as approved by the Planning and
Development Department. The public accessway shall be provided at the
southwest corner of the site and extend to the northeast end of the site.

4. THE DEVELOPMENT SHALL PROVIDE AN EAST/WEST-ORIENTED
5. PEDESTRIAN AND VEHICULAR THROUGHFARE ACCESSED FROM
CENTRAL AVENUE AND ALLOWING PEDESTRIAN CONNECTIVITY FROM
THE CENTRAL AVENUE LIGHT RAIL STATION, THROUGH THE
DEVELOPMENT, TO THE BOUNDARY OF STEELE INDIAN SCHOOL PARK.
THE THOROUGHFARE SHALL INCLUDE THE FOLLOWING ELEMENTS:
A minimum 26-foot-wide public pedestrian accessway shall be provided from
the public primary pedestrian accessway within the view corridor and
connecting to the light rail pedestrian crossing along the western property line,
and shall be constructed with decorative material, as approved by the Planning
and Development Department.

A. DETACHED SIDEWALK WITH LANDSCAPE STRIP ADJACENT TO
BUILDINGS “D” AND “F” AS INDICATED ON SITE PLAN.

B. ONE MINIMUM 5-FOOT-WIDE BIKE LANE.

C. PEDESTRIAN SAFETY INFRASTRUCTURE AT ROADWAY AND
DRIVEWAY CROSSINGS, WHICH MAY INCLUDE (BUT NOT LIMITED
TO) TRUNCATED DOMES, LIGHTED CROSSWALKS, RAISED
CROSSWALKS, OR OTHER FEATURES AS APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

D. SEATING AREAS AND SHADE TREES AS APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

5. The development shall provide a minimum 20 30 percent public open space on
6. the site, excluding perimeter setbacks, as approved by the Planning and
Development Department.

6. The development shall include a minimum of three distinct public open space
7. areas, a minimum of 20,000 square feet in size and shall be oriented to capture
the view of the historic cafeteria tower and the mountain views (Piestewa
Peak). Each open space area shall follow the guidelines established in Section



Page 496
1310 of the Phoenix Zoning Ordinance, as approved by the Planning and
Development Department. All open space areas shall provide seating and be
open to the public.

7. All pedestrian crossings, including but not limited to the stipulated public
8. pedestrian accessways, constructed across driveways, shall be raised and
shall consist of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave the parking surfaces and drive aisles,
as approved by the Planning and Development Department.

8. One of the following streetscape treatments shall be provided along Indian
9. School Road:

a. A minimum 15-foot-wide uninterrupted public pedestrian accessway
located behind the back of a minimum 10-foot wide detached landscape
strip. The landscape strip may taper to allow for an appropriate transition
into the one-gross acre open space area at the intersection of Central
Avenue and Indian School Road. The accessway shall connect to the 1
gross acre open space area and shall provide the following amenities or
similar features, as approved by the Planning and Development
Department:

1) Minimum four gathering areas with seating.

2) Minimum four landscape planters.

3) Decorative pavement.

4) Art elements.

5) Decorative bollard lighting along the entire frontage.

b. A minimum 6-foot-wide detached sidewalk and a landscape strip along
Indian School Road for the length of the project site. The landscape
strip, to be located between the sidewalk and the back of curb, shall
begin at a minimum of ,30 feet in width at the eastern property line and
may taper to a minimum of 15 feet in width, as approved by the Planning
and Development Department. The landscape strip shall include a
minimum of 2-inch caliper shade trees planted a minimum of 20 feet on
center or in equivalent groupings between the existing palm trees, as
approved by the Planning and Development Department.

9. Bicycle parking shall be provided as follows:
10.

a. All required bicycle parking for multifamily use, per Section 1307.H.6.d of
the Phoenix Zoning Ordinance, shall be secured parking.

b. Guest bicycle parking for multifamily residential use shall be provided at


Page 497
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
1307.H of the Phoenix Zoning Ordinance.

c. A minimum of 10% of the required bicycle parking for nonresidential
uses shall be secured.

10. The developer shall submit a Traffic Impact Study/Statement to the City for this
11. development. No preliminary approval of plans shall be granted until the study
has been reviewed and approved by the City upon satisfactory resolutions of
review comments by the City staff, as approved by the Street Transportation
Department and the Planning and Development Department.

11. The development shall provide an internal vehicular and pedestrian circulation
12. plan to address ingress and egress to and from the site, vehicle loading, pick
up and drop off locations, pedestrian connections to existing light rail station
and proposed mitigation to potential vehicle / pedestrian conflict points internal
and external to the site. No preliminary approval of plans shall be granted until
the internal vehicular and pedestrian circulation plan has been reviewed and
approved by the Street Transportation and Planning and Development
departments.

12. The development shall underground the existing overhead utility lines adjacent
13. to Indian School Road for the entirety of its frontage, as approved by the
Planning and Development Department.

13. Proposed site ingress and egress points to align with existing street network
14. locations, as approved by the Planning and Development Department.

14. DEDICATE SUFFICIENT RIGHT-OF-WAY AND CONSTRUCT THE SOUTH
SIDE OF FARRINGTON DRIVE TO ACCOMMODATE REALIGNMENT WITH
THE WEST LEG OF GLENROSA AVENUE AND CORRESPONDING SIGNAL
MODIFICATIONS, AS REQUIRED BY THE STREET TRANSPORTATION
DEPARTMENT. THE DEVELOPER SHALL BE RESPONSIBLE FOR ALL
COST AND CONSTRUCTION OF IMPROVEMENTS.

15. The Central Avenue frontage shall comply with the Central Avenue
Development Standards.

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 to Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Sky Harbor International Airport to future owners or tenants of the
property.



Page 498
18. 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.

19. Prior to preliminary site plan approval, a report prepared by a qualified
professional archaeologist determining the history of past uses of the property
shall be submitted to the City Archaeology Office for review and comment. The
report shall include compliance with ARS 41-865 (Arizona Burial Law). Results
of the plan shall include a recommendation for further archaeologist testing or
additional monitoring if recommended.

20. 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.

22. 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.

23. 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.

24. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM
APPROVED BY THE CITY ATTORNEY'S OFFICE. THE WAIVER SHALL BE
RECORDED WITH THE MARICOPA COUNTY RECORDER'S OFFICE AND
DELIVERED TO THE CITY TO BE INCLUDED IN THE REZONING
APPLICATION FILE FOR RECORD.



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

district granted pursuant to Ordinance G-6610 this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6610 and as modified in

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




Page 499
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 3rd day of January,

2024.




________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:



Page 500
A - Legal Description (1 Page)
B - Ordinance Location Map (1 Page)




Page 501
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-23--Z-9-19-4

A portion of the Southeast quarter of Section 20, Township 2 North, Range 3 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more
particularly described as follows;

COMMENCING at the Southeast corner of said Section 20, monumented with a brass
cap in handhole which bears South 00 degrees 08 minutes 34 seconds West 2641.49
feet from the East quarter corner of said Section 20, monumented with a brass cap in
handhole;

Thence along the South line of the Southeast quarter of said Section 20 North 89
degrees 18 minutes 57 seconds West 1972.28 feet to the POINT OF BEGINNING;

Thence continuing along said South line, North 89 degrees 18 minutes 57 seconds
West 700.69 feet to the calculated South quarter corner of said Section 20;

Thence along the West line of the Southeast quarter of said Section 20, North 00
degrees 15 minutes 37 seconds East 1152.74 feet;

Thence South 89 degrees 44 minutes 23 seconds East 443.94 feet;

Thence South 44 degrees 44 minutes 23 seconds East 363.78 feet;

Thence South 00 degrees 15 minutes 37 seconds West 833.70 feet to a point on a
line 67.00 feet North of and parallel with the South line of the Southeast quarter of
said, Section 20;

Thence South 00 degrees 41 minutes 03 seconds West 67.00 feet to the POINT OF
BEGINNING.

Comprising 17.837 acres or 776,980 square feet, subject to all easements of record.




Page 502
Page 503
ATTACHMENT B




Staff Report: PHO-1-23--Z-9-19-4
*Revised 12/05/2023

APPLICATION #: PHO-1-23--Z-9-19-4 (Continued from September 20, 2023)

LOCATION: Northeast corner of Central Avenue and Indian School Road

EXISTING ZONING: WU Code T6:HWR UT

ACREAGE: 17.82

REQUEST: 1) Request to modify Stipulation 2 regarding public
pedestrian plaza.
2) Request to modify Stipulation 3 regarding a linear view
corridor.
3) Request to delete Stipulation 4 regarding public
pedestrian accessways.
4) Request to modify Stipulation 5 regarding public primary
pedestrian accessway.
5) Request to modify Stipulation 6 regarding public open
space.
6) Request to modify Stipulation 7 regarding three public
open space areas.
7) Request to delete Stipulation 14 regarding alignment of
ingress and egress points with the existing street network.


APPLICANT: Jason Morris, Withey Morris Baugh, PLC

OWNER: Julia Najafi, Central Park I, LLC

REPRESENTATIVE: Jason Morris, Withey Morris Baugh, PLC


STAFF RECOMMENDATION

Denial as filed, approval with modifications and additional stipulations, as recommended
by the Planning Hearing Officer (PHO).




Page 504
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission

PLANNING HEARING OFFICER RECOMMENDATION

On September 20, 2023, the Planning Hearing Officer recommended a continuance to
the October 18, 2023 PHO Hearing. The Planning Hearing Officer heard the request on
October 18, 2023 and recommended denial as filed, approval with modifications and
additional stipulations.

VILLAGE PLANNING COMMITTEE RECOMMENDATION

The Encanto Village Planning Committee (VPC) reviewed the request on August 7,
2023. The VPC recommended a continuance by a vote of 17-0. The VPC reviewed the
continued request on September 11, 2023 and recommended approval by a vote of 9-4.

BACKGROUND/ANALYSIS

The subject site consists of 17.82 gross acres located at the northeast corner of Central
Avenue and Indian School Road and is zoned WU Code T6:HWR UT (Walkable Urban
Code, Transect 6: Height Waiver District, Transit Uptown Character). The applicant
requested a modification of Stipulation 2 regarding a public pedestrian plaza. The
modification would require the amount of open space provided to be reduced from 1 to
0.75-gross acres, due to the reconfiguration of the site. The applicant’s narrative
(Exhibit B) notes that the modification will cause no impact to the overall walkability of
the site or the pedestrian experience along the street frontages.

The applicant requested a modification of Stipulation 3 regarding a linear view corridor.
The applicant’s narrative (Exhibit B) notes that the applicant had more time to evaluate
the layout of the site, further determining that the unobstructed linear viewshed from the
southwest corner of the site was significantly outweighed by its impact on the practical
functionality of the development. The narrative notes the revised layout still maintains
the diagonal view corridor from Central Avenue and Indian School Road to the
proposed development’s centralized open space plaza and restaurant/retail area. The
configuration will have a more traditional grid-style vehicular circulation pattern and
building placement that creates smaller “blocks” within the site. The narrative notes that
the small “block” design was responsive to community feedback from other land use
cases in the Uptown TOD (Transit Oriented Development) Corridor.

The applicant requested a deletion of Stipulation 4 regarding public pedestrian
accessways. The narrative (Exhibit B) notes that the linear view corridor has been
eliminated, therefore Stipulation 4 is not needed.

The applicant requested a modification of Stipulation 5 regarding a public primary
pedestrian accessway. The narrative (Exhibit B) notes that the reconfiguration of the
site results in better pedestrian and vehicular access to and through the development by
providing an east/west throughfare that bisects the site, creating an unobstructed view
corridor between Central Avenue and Steele Indian School Park.



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Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission



The applicant requested a modification of Stipulation 6 regarding public open space.
The applicant’s narrative (Exhibit B) notes that the reconfiguration of the site has
reduced the development’s ability to provide publicly accessible open space, but the
reduction is offset by the enhanced permeability and accessibility, which will create
access to Steele Indian School Park.

The applicant requested a modification of Stipulation 7 regarding three public open
space areas. The applicant’s narrative (Exhibit B) notes that the reconfiguration of the
site distributes the open space areas evenly throughout the development, precluding
the need to orient the open space areas in compliance to this stipulation.

The applicant requested a deletion of Stipulation 14 regarding alignment of ingress and
egress points with the existing street network. The applicant’s narrative (Exhibit B) notes
the stipulation creates a redundant and unnecessary layer of regulation before the
applicant has fully engineered the site. The narrative notes that the stipulation restricts
the ability for the Street Transportation Department to respond flexibly to unforeseen
site engineering issues that may impact street alignment.

The applicant requested to add an additional stipulation, stating that the developer shall
work with the Planning and Development Department and Parks and Recreation
Department to establish two (2) pedestrian access points between the development and
Steele Indian School Park (the “Park), subject to legal access to the Park provided by
the City of Phoenix in its sole discretion.

The appellant argues that the revised plan violates the Phoenix Indian School Specific
Plan, compared to the original site plan and stipulations. The appellant argues that the
revised plan would nullify the repeal of the Phoenix Indian School Specific Plan. The
appellant argues that the WU (Walkable Urban) component is sequestered mostly to the
interior courtyard and the WU synergy with the park needs to be worked out first.

PREVIOUS HISTORY

On July 3, 2019, the Phoenix City Council approved Rezoning Case No. Z-9-19-4, a
request to rezone approximately 17.82 acres located at the northeast corner of Central
Avenue and Indian School Road. The request was to rezone 0.58 acres from R-5 TOD-
1 PISSP (Approved C-2 TOD-1 PISSP) (Multifamily Residence District, Interim Transit-
Oriented Zoning Overlay District One, Phoenix Indian School Specific Plan) (Approved
Intermediate Commercial District, Interim Transit-Oriented Zoning Overlay District One,
Phoenix Indian School Specific Plan) and 17.24 acres from R-5 TOD-1 PISSP
(Approved C-2 H-R TOD-1 PISSP) (Multifamily Residence District, Interim Transit-
Oriented Zoning Overlay District One, Phoenix Indian School Specific Plan) (Approved
Intermediate Commercial District, High-Rise and High-Density District, Interim Transit-
Oriented Zoning Overlay District One, Phoenix Indian School Specific Plan) to WU
Code T6:HWR UT (Walkable Urban Code, Transect 6:Height Waiver District, Transit



Page 506
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission

Uptown Character Area), subject to stipulations (Exhibit E). This approval established
the Central Park Project.

* The Central Park Project was intended to enable a live-work-play mixed-use
development, consisting of multiple office buildings, residential towers, senior living
residential, lifestyle retail and a hotel. Per the proposed conceptual site plan, the
maximum building setbacks for the site were 12 feet along Central Avenue and 10 feet
along Indian School Road. The proposed maximum number of dwelling units was 600.
The proposed maximum building height was 390 feet. Proposed design guidelines
included requirements for a pedestrian-focused, vertically integrated community, plazas,
common open space, shaded walkways, separation of pedestrian and vehicular traffic,
bicycle parking, and vehicle parking in architecturally disguised structures, or
undergrounded where feasible. The project design was intended to be consistent with
the goals in the Walkable Urban Code and the Uptown TOD Policy Plan.

NEIGHBORHOOD CONCERNS

Public Correspondence
Eleven letters of opposition were received regarding this request. Concerns expressed
in the correspondence include the following:

• The revised plan does not meet the requirements for the Phoenix Indian School
Specific Plan.
• Failure to abide by the original stipulations granted in 2019.
• Lack of public engagement regarding the revised plans and modification
requests.
• Preserving the historic area inside Steele Indian School Park.
• Preserving public open space areas within the site.
• Safety concerns regarding the alignment of ingress and egress points with
existing road network.
• Concerns about the development not creating a walkable environment.

GENERAL PLAN LAND USE MAP DESIGNATION

Mixed-Use




Page 507
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission

CHARACTER OF SURROUNDING LAND USE

Zoning Land Use

On-site: WU Code T6:HWR UT Vacant

North:
(Adjacent) R-5 Steele Indian School Park



Northeast: R-5, R-5 HP-L Steele Indian School Park
(Adjacent)

East:
(Adjacent) R-5 Steele Indian School Park


South:
(Across Indian School Road) C-3, C-2 Office, Church,
Parking/Storage Area

West: WU Code T5:5 UT, Light rail transit,
(Across Central Avenue) R-4A, C-2 Multifamily Residential,
Commercial Business


PLANNING HEARING OFFICER FINDINGS

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

1) The request for modification of Stipulation 2 is approved. Redesign of buildings
facilitated this request and the slight reduction of the corner.

2) The request for modification of Stipulation 3 is approved. The redesign of the
site, which has been vetted by the VPC and the City Long Range Planning
Section, facilitates the modification of the stipulation. The updated design is
more consistent with the intent of the Uptown TOD Plan, which was adopted to
facilitate a more walkable, bikeable urban environment. In the context of this site,
the updated plan promotes the flow of people between the Metro Light Rail, the
arterial streets, the development, and Steele Indian School Park in a more
logical, convenient, and efficient manner. In addition, new language, that was
proposed by City Staff, was added to further specify access between the Park
and the development.




Page 508
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission

3) Request for the deletion of Stipulation 4 is approved. Because of the redesign
and subsequent elimination of the view corridor in favor of the pedestrian
corridor, this stipulation is no longer necessary.

4) The request to modify Stipulation 5 is approved. The reconfiguration of the
pedestrian and vehicular circulation system necessitates a significant revision to
this stipulation – one that was formulated with the input of the VPC ultimately
being modified after the initial hearing with the VPC. The changes/modifications
clarify the new design and implement the changes that were agreed upon during
the latest VPC hearing.

The design change supports a better pedestrian and vehicular access to and
through the development by providing a major east/west throughfare that bisects
the site and creates an unobstructed view corridor between Central Avenue and
Steele Indian School Park. Individuals standing on the Central Avenue Metro
Light Rail platform will be able to look directly through the project to Steele Indian
School Park, providing a visual indication of pedestrian accessibility through the
development and into the Park – a feature that did not exist in the previous
conceptual plan with the diagonal view corridor.

5) The request to modify Stipulation 6 is approved. The smaller “block” design
necessitates less overall public open space but also opens up the space to the
public with better access points.

6) The request to modify Stipulation 7 is approved. The design does not allow for
the orientation of the open space areas in this way.

7) The request for the deletion of Stipulation 14 is denied. The intent of the
stipulation is to ensure any proposed access point to this property on Indian
School Road aligns with existing driveways on the south side of the road to
mitigate undesired and unsafe turning conflicts in line with the adopted complete
streets ordinance and to mitigate ped/bike & vehicle conflicts. Although the
applicant shows a proposed driveway in the generally correct location, this
stipulation must remain to ensure it remains as indicated.

8) A stipulation was added to further specify how to align the intersection that is
currently offset. The developer will be required to submit a geometric design,
tapers and dedications to align the west leg of the intersection to operate under a
non-split phase signal. The property at the northwest corner of Central and
Glenrosa had been stipulated to the same requirement, this stipulation will
complete the intersection improvements. This is addressed in new Stipulation 14.




Page 509
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission

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

PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS

1. The maximum building height shall be limited to 400 feet.

2. A minimum 0.75 1 gross acre public pedestrian plaza/public open space
area shall be provided at the intersection of Central Avenue and Indian
School Road.

3. A PEDSTRIAN linear view corridor that is A an average of 85 feet in
width, minimum 40 60 feet in width, measured at the ground level and
between buildings shall be provided from the southwest corner of the site
to A CENTRALIZED OPEN SPACE PLAZA the northeast corner of the
site and begin with the pedestrian plaza. THE DEVELOPER SHALL
WORK WITH THE PLANNING AND DEVELOPMENT DEPARTMENT
AND PARKS AND RECREATION DEPARTMENT TO ESTABLISH
THREE (3) PEDESTRIAN ACCESS POINTS BETWEEN THE INTERIOR
OF THE SUBJECT SITE AND STEELE INDIAN SCHOOL PARK (THE
“PARK”), SUBJECT TO LEGAL ACCESS TO THE PARK BEING
PROVIDED BY THE CITY OF PHOENIX AT ITS SOLE DISCRETION.
ONE (1) ACCESS POINT IS DESIRED OUTSIDE OF THE PARK GATES
AT FARRINGTON DRIVE AND TWO (2) ARE DESIRED ALONG THE
NORTHEAST AND EAST SHARED PROPERTY LINES.
The view corridor shall focus on the historic cafeteria tower and on the
mountain views (Piestewa Peak) and be in general conformance with the
Uptown TOD conceptual Master Plan, as approved by the Planning and
Development Department

4. A minimum 26-foot-wide primary and a minimum 10-foot-wide secondary
public pedestrian accessway shall be located within the view corridor and
shall be constructed of a decorative material, as approved by the Planning
and Development Department. The public accessway shall be provided at
the southwest corner of the site and extend to the northeast end of the
site.

4. THE DEVELOPMENT SHALL PROVIDE AN EAST/WEST-ORIENTED
5. PEDESTRIAN AND VEHICULAR THROUGHFARE ACCESSED FROM
CENTRAL AVENUE AND ALLOWING PEDESTRIAN CONNECTIVITY
FROM THE CENTRAL AVENUE LIGHT RAIL STATION, THROUGH THE




Page 510
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission

DEVELOPMENT, TO THE BOUNDARY OF STEELE INDIAN SCHOOL
PARK. THE THOROUGHFARE SHALL INCLUDE THE FOLLOWING
ELEMENTS:
A minimum 26-foot-wide public pedestrian accessway shall be provided
from the public primary pedestrian accessway within the view corridor and
connecting to the light rail pedestrian crossing along the western property
line, and shall be constructed with decorative material, as approved by the
Planning and Development Department.

A. DETACHED SIDEWALK WITH LANDSCAPE STRIP ADJACENT TO
BUILDINGS “D” AND “F” AS INDICATED ON SITE PLAN.

B. ONE (1) MINIMUM 5-FOOT-WIDE BIKE LANE

C. PEDESTRIAN SAFETY INFRASTRUCTURE AT ROADWAY AND
DRIVEWAY CROSSINGS, WHICH MAY INCLUDE (BUT NOT
LIMITED TO) TRUNCATED DOMES, LIGHTED CROSSWALKS,
RAISED CROSSWALKS, OR OTHER FEATURES AS APPROVED
BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

D. SEATING AREAS AND SHADE TREES AS APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

5. The development shall provide a minimum 20 30 percent public open
6. space on the site, excluding perimeter setbacks, as approved by the
Planning and Development Department.

6. The development shall include a minimum of three distinct public open
7. space areas, a minimum of 20,000 square feet in size and shall be
oriented to capture the view of the historic cafeteria tower and the
mountain views (Piestewa Peak). Each open space area shall follow the
guidelines established in Section 1310 of the Phoenix Zoning Ordinance,
as approved by the Planning and Development Department. All open
space areas shall provide seating and be open to the public.

7. All pedestrian crossings, including but not limited to the stipulated public
8. pedestrian accessways, constructed across driveways, shall be raised and
shall consist of decorative pavers, stamped or colored concrete, or
another material, other than those used to pave the parking surfaces and
drive aisles, as approved by the Planning and Development Department.

8. One of the following streetscape treatments shall be provided along Indian
9. School Road:




Page 511
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission

a. A minimum 15-foot-wide uninterrupted public pedestrian accessway
located behind the back of a minimum 10-foot wide detached
landscape strip. The landscape strip may taper to allow for an
appropriate transition into the one-gross acre open space area at the
intersection of Central Avenue and Indian School Road. The
accessway shall connect to the 1 gross acre open space area and
shall provide the following amenities or similar features, as approved
by the Planning and Development Department:

1) Minimum four gathering areas with seating.

2) Minimum four landscape planters.

3) Decorative pavement.

4) Art elements.

5) Decorative bollard lighting along the entire frontage.

b. A minimum 6-foot-wide detached sidewalk and a landscape strip
along Indian School Road for the length of the project site. The
landscape strip, to be located between the sidewalk and the back of
curb, shall begin at a minimum of ,30 feet in width at the eastern
property line and may taper to a minimum of 15 feet in width, as
approved by the Planning and Development Department. The
landscape strip shall include a minimum of 2-inch caliper shade trees
planted a minimum of 20 feet on center or in equivalent groupings
between the existing palm trees, as approved by the Planning and
Development Department.

9. Bicycle parking shall be provided as follows:
10.

a. All required bicycle parking for multifamily use, per Section 1307.H.6.d
of the Phoenix Zoning Ordinance, shall be secured parking.

b. 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 1307.H of the Phoenix Zoning Ordinance.

c. A minimum of 10% of the required bicycle parking for nonresidential
uses shall be secured.




Page 512
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission



10. The developer shall submit a Traffic Impact Study/Statement to the City for
11. this development. No preliminary approval of plans shall be granted until
the study has been reviewed and approved by the City upon satisfactory
resolutions of review comments by the City staff, as approved by the
Street Transportation Department and the Planning and Development
Department.

11. The development shall provide an internal vehicular and pedestrian
12. circulation plan to address ingress and egress to and from the site, vehicle
loading, pick up and drop off locations, pedestrian connections to existing
light rail station and proposed mitigation to potential vehicle / pedestrian
conflict points internal and external to the site. No preliminary approval of
plans shall be granted until the internal vehicular and pedestrian
circulation plan has been reviewed and approved by the Street
Transportation and Planning and Development departments.

12. The development shall underground the existing overhead utility lines
13. adjacent to Indian School Road for the entirety of its frontage, as approved
by the Planning and Development Department.

13. Proposed site ingress and egress points to align with existing street
14. network locations, as approved by the Planning and Development
Department.

14. DEDICATE SUFFICIENT RIGHT-OF-WAY AND CONSTRUCT THE
SOUTH SIDE OF FARRINGTON DRIVE TO ACCOMMODATE
REALIGNMENT WITH THE WEST LEG OF GLENROSA AVENUE AND
CORRESPONDING SIGNAL MODIFICATIONS, AS REQUIRED BY THE
STREET TRANSPORTATION DEPARTMENT. THE DEVELOPER
SHALL BE RESPONSIBLE FOR ALL COST AND CONSTRUCTION OF
IMPROVEMENTS.

15. The Central Avenue frontage shall comply with the Central Avenue
Development Standards.

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 to Prospective Purchasers of
Proximity to Airport in order to disclose the existence and operational




Page 513
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission

characteristics of Phoenix Sky Harbor International Airport to future
owners or tenants of the property.

18. 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.

19. Prior to preliminary site plan approval, a report prepared by a qualified
professional archaeologist determining the history of past uses of the
property shall be submitted to the City Archaeology Office for review and
comment. The report shall include compliance with ARS 41-865 (Arizona
Burial Law). Results of the plan shall include a recommendation for further
archaeologist testing or additional monitoring if recommended.

20. 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.

21. 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.

22. 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.

23. 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.




Page 514
Staff Report –PHO-1-23—Z-9-19-4
December 7, 2023 Planning Commission

Exhibits:
A- Appeal Document (2 pages)
B- Applicant’s Narrative date stamped October 17, 2023 (34 pages)
C- Aerial Map (1 page)
D- Zoning Map (1 Page)
E- Recorded Ordinance from Rezoning Case No. Z-9-19-4 (6 pages)
F- Sketch Map from Rezoning Case No. Z-9-19-4 (1 page)
G- Encanto VPC Summary from August 7, 2023 (11 pages)
H- Encanto VPC Summary from September 11, 2023 (8 pages)
I- PHO Summary for PHO-1-23—Z-9-19-4 from October 18, 2023 (11 pages)
J- Correspondence regarding PHO-1-23—Z-9-19-4 (15 pages)




Page 515
PLANNING HEARING OFFICER APPEAL
I HEREBY REQUEST THAT THE PLANNING COMMISSION/CITY COUNCIL HOLD
A PUBLIC HEARING ON:
CASE NUMBER: PHO-1-23—Z-9-19-4
LOCATION: Northeast Corner of Central and Indian School Road
PHO HEARING DATE: October 18, 2023 RECEIVED:
APPEALED BY: Opposition Applicant
APPEALED TO: PLANNING December 7, 2023
COMMISSION TENTATIVE DATE
January 3, 2024
CITY COUNCIL
TENTATIVE DATE
APPELLANT NAME AND ADDRESS/EMAIL: PHONE:
Ken Waters
126 West Pierson Street 602-373-1902
Kenwaters602@gmail.com
RECEIPT NUMBER: N/A
REASON FOR REQUEST:

Two Issues:

1) The original stipulations from 2019 satisfied the vision set forth in the Phoenix
Indian School Park Specific Plan. These revisions to the plan violate the plan,
and therefore, nullify the repeal of the specific Plan in 2019. It is a bad faith
bait and switch scheme to repeal the Specific Plan.
2) The Walkable Urban (WU) component is sequestered mostly to the interior
courtyard and WU synergy with the park needs to be worked out first.

TAKEN BY: J Hopkins

Alan Stephenson Greg Harmon (PC Planner)
Joshua Bednarek Teresa Garcia (PHO Assistant)
Tricia Gomes Victoria Cipolla-Murillo
Racelle Escolar Julie Garcia
Adam Stranieri Ben Ernyei - Posting
Byron Easton (PHO) GIS Team




S:\Planning\Rezoning\Hearings\PHO\Appeals\2023\PHO-1-23—Z-9-19-4 - Ken
Waters\Internal Routing Form.doc


Page 516
Page 517
The Central Park
NEC Central Avenue & Indian School Road
PHO-1-23—Z-9-19-4

Page 518
Development Team




Developer/Owner
Central Park I, LLC
Managed by Pivotal Group
3200 E. Camelback Road
Suite 295
Phoenix, AZ 85016




Representative
Withey Morris Baugh, PLC
2525 E. Arizona Biltmore Cir.
Suite A-212
Phoenix, AZ 85014




Architect
AO Architects
144 N. Orange Street
Orange, CA 92866




1|The Central Park PHO
Page 519
Introduction
This firm represents Central Park I, LLC in its request to update the stipulations from its 2019 zoning
case and allow the development of a modern urban mixed-use development as envisioned by original
approvals. In the four years that have passed since this project was originally approved, the world has
changed dramatically – and along with it the market and demand for land uses across the spectrum
both locally and globally. The City of Phoenix is in the midst of a serious housing supply crisis, and a
global pandemic has forever changed the way people work, shop, and dine. The new land use plan
reflects these new realities – responding to the City’s housing supply challenges with a more robust
residential component, reducing the commercial office offerings, and reimagining the retail and
restaurant experience to reflect consumer preferences and patterns.

This four-year intermission has also provided the development team an opportunity to evaluate the
functionality and practicality of the original conceptual design more carefully and thoughtfully. The
updated site layout reflects the lessons learned with a simpler, more efficient, and more accessible
configuration that maintains fidelity to the intent of the original development concept and the Uptown
TOD Plan. Central Park I, LLC is pleased to bring this application forward for a unique, walkable, and
vibrant mixed-use development that will provide the urban hub of activity that has long been
envisioned for this site and for the Uptown Phoenix corridor.


Site Overview
The Property consists of one parcel totaling approximately 17.82 gross acres at the northeast corner
of Central Avenue and Indian School Road in Phoenix, Arizona as illustrated by the Aerial Map at Tab
1. The Property is currently vacant, unimproved land adjacent to Steele Indian School Park (the “Park”)
and is currently zoned WU Code T6:HWR as indicated on the Zoning Map at Tab 2. The site is
bounded by the Park to the north and the east, Central Avenue and the Metro Light Rail to the west,
and Indian School Road to the south.

Surrounding Land Uses

North Steele Indian School Park (R-5)
East Steele Indian School Park (R-5)
South Great Western Bank Plaza (C-3 HR)
West Callia Apartments (WU T5:5) and The Station on Central (R-4A)




2|The Central Park PHO
Page 520
Zoning Case History
On July 3, 2019, the Phoenix City Council approved application Z-9-19-4 to rezone the Property from
C-2 H-R to WU Code T6:HWR for the development of The Central Park – an urban mixed-use high-rise
development consisting of two office towers, two residential towers, a senior living tower, a hotel, and
a movie theater totaling approximately 2.33 million square feet of gross floor area. The original land
use plan was bisected diagonally from the southwest to the northeast by a pedestrian/view corridor
colloquially referred to as the “Canyon”. In order to configure the buildings around this corridor,
variances were required to allow larger building setbacks from the primary and secondary frontages
than would typically be permitted in the Walkable Urban Code, which encourages buildings to be
pulled closer to the rights-of-way. The variances were originally approved in case number ZA-36-20
and extended in case number ZA-510-21. The site has remained vacant and undeveloped since the
original July 2019 zoning approval.


Project Overview
The new design concept for The Central Park is the product of a yearslong iterative exploration of the
feasibility, functionality, and practicality of an urban mixed-use development adjacent to both a major
public park and major transportation corridor. Global events over the past four years, coupled with
local shifts in land use planning priorities and market demand, compelled Central Park I, LLC to
undertake a thorough evaluation of the original design concept for The Central Park. Through this
process, Central Park I, LLC identified the concept’s strengths, weaknesses, and areas for
improvement to ensure that The Central Park becomes a vibrant hub of activity for the Central
Corridor.

The reimagined Central Park will feature a total of seven buildings configured into three “blocks”
accessed by internal north/south and east/west streets. See Conceptual Site Plan at Tab 3. The shift
away from the diagonal corridor to a more traditional grid-style circulation system provides a more
convenient and accessible development for both pedestrians and motorists alike, creating a more
permeable site with superior pedestrian and vehicular traffic flow.

The northwest block of the development (buildings D, E, and G as noted on the Conceptual Site Plan)
will feature a 21-story residential tower, an 18-story office tower, and a market/grocer space with an
adjacent restaurant. The northwest block (buildings H and F) will offer a 21-story condo tower and a
320-unit senior independent living community over an 8,000 square-foot ground-floor
restaurant/retail space. The residential and office towers in the northwest and northeast blocks will
feature podium construction and each building will accommodate its own parking.

The updated design concept is anchored by a centralized open space plaza that will serve as the
center of activity and gathering place for the development. Flanked on three sides by ground-floor
restaurant and retail spaces with outdoor patios, this space is designed to be the nucleus of The



3|The Central Park PHO
Page 521
Central Park. See Conceptual Plaza Renderings at Tab 4. As illustrated in the renderings, the plaza will
be adorned with turf areas, shade trees, seating areas, lighting, and art to create a comfortable,
inviting, and vibrant space for visitors to dine, shop, gather, and relax. Above the ground-floor
restaurant and retail spaces in the southern block of the development are a pair of eight-story luxury
multi-family communities (buildings A, B, and C), bisected by the grand pedestrian corridor and
gateway running from the corner of Central & Indian School to the main plaza.

The public plaza at the corner of the intersection of Central & Indian School will feature art, shade
trees, seating areas, and a café outside the main pedestrian gateway to the project. See Conceptual
Gateway Rendering at Tab 5. The corner plaza and gateway will serve as a visual landmark for the site,
drawing visitors into The Central Park and Steele Indian School Park. In total, The Central Park will offer
almost 78,000 square feet of ground-floor retail and restaurant space, 245,000 square feet of office
space, and 1,450 residences designed in a walkable, vibrant, mixed-use setting.


Stipulation Modification Requests
A total of twenty-two (22) stipulations were included in the City Council’s July 2019 approval of Z-9-
19-4, as outlined in Ordinance G-6610, attached at Tab 6. The applicant is requesting modifications
to seven (7) stipulations to accommodate the proposed development as outlined below:

2. A minimum 1 0.75 gross acre public pedestrian plaza/public open space area shall be provided
at the intersection of Central Avenue and Indian School Road.

Rationale: The reconfiguration of the site necessitates a slight reduction in the size of the corner
plaza, which will have no impact on the overall walkability of the site or the pedestrian experience
along the street frontages. The purpose of the corner plaza is to provide a gateway to draw people
into the project, and a minor reduction in the square footage of the plaza will have no impact on
the primary intent of this project element.

3. A linear view PEDESTRIAN corridor that is an average of 85 feet in width, minimum 60 40 feet in
width, measured at the ground level and between buildings shall be provided from the southwest
corner of the site to the northeast corner of the site and begin with the pedestrian plaza A
CENTRALIZED OPEN SPACE PLAZA. The view corridor shall focus on the historic cafeteria tower
and on the mountain views (Piestewa Peak) and be in general conformance with the Uptown TOD
conceptual Master Plan THE DEVELOPMENT SHALL FURTHER PROVIDE A MINIMUM OF TWO
(2) PEDESTRIAN CONNECTIONS FROM THE CENTRALIZED OPEN SPACE PLAZA TO THE
EASTERN AND NORTHERN BOUNDARIES OF THE SITE ADJACENT TO STEELE INDIAN
SCHOOL PARK, ALLOWING PEDESTRIANS TO TRAVEL ON FOOT FROM THE PLAZA AT THE
CORNER OF CENTRAL AVENUE AND INDIAN SCHOOL ROAD THROUGH THE
DEVELOPMENT TO THE STEELE INDIAN SCHOOL PARK BOUNDARY, as approved by the
Planning and Development Department.




4|The Central Park PHO
Page 522
Rationale: As noted in the Introduction section of this narrative, the four years that have passed
since the original approval of Z-9-19-4 provided the applicant with an opportunity to more
carefully evaluate the site layout and the practical impacts of certain site elements. The diagonal
view corridor, bisecting the site from the southwest to northeast was by far the most significant
impediment to building placement, efficient vehicular and pedestrian circulation, and site
navigation. Through an evaluation of countless site plan iterations, the development team
concluded that any benefit provided by creating an unobstructed linear viewshed from the
southwest corner of the site was significantly outweighed by its impact on the practical functionality
of the development, particularly with respect to building orientation and site circulation.

The revised layout, which maintains the diagonal corridor from the Central & Indian School
intersection to the development’s centralized open space plaza and restaurant/retail area, is
configured with a more traditional grid-style vehicular circulation pattern and building placement
that breaks the site up into smaller “blocks”. This configuration makes the site significantly more
permeable and accessible from the adjacent arterial streets and Steele Indian School Park and
provides a more convenient and logical access pattern for both pedestrians and motorists.

The small “block” design is also responsive to community feedback from other land use cases in
Uptown TOD corridor, in which residents have expressed concern about “superblock” site designs
that unnecessarily restrict the flow of pedestrian and vehicular movement. The “Canyon” in the
original site design funneled the majority of pedestrian traffic through the site diagonally from the
southwest to the northeast while diverting all vehicular traffic around the perimeter of the site. The
updated design is considerably more permeable, allowing pedestrian and vehicular traffic to
move through the site more freely from north to south and east to west. See Conceptual Aerial
View at Tab 7.

From this perspective, the updated design is more consistent with the intent of the Uptown TOD
Plan, which was adopted to facilitate a more walkable, bikeable urban environment. In the context
of this site, the updated plan promotes the flow of people between the Metro Light Rail, the arterial
streets, the development, and Steele Indian School Park in a more logical, convenient, and efficient
manner.

4. A minimum 26-foot-wide primary and a minimum 10-foot-wide secondary public pedestrian
accessway shall be located within the view corridor and shall be constructed of a decorative
material, as approved by the Planning and Development Department. The public accessway shall
be provided at the southwest corner of the site and extend to the northeast end of the site.

Rationale: Because continuous linear view corridor has been eliminated in the interest of a more
efficient and intuitive pedestrian circulation system, this stipulation is no longer necessary. The
remaining diagonal pedestrian corridor from the corner of Central & Indian School to the
centralized open space plaza will consist of one large pedestrian pathway that is not broken up by




5|The Central Park PHO
Page 523
other elements, such as landscaping tracts separating primary and secondary pedestrian
pathways.

5. A minimum 26-foot-wide public pedestrian accessway shall be provided from the public primary
pedestrian accessway within the view corridor and connecting to the light rail pedestrian crossing
along the western property line, and shall be constructed with decorative material, as approved
by the Planning and Development Department. THE DEVELOPMENT SHALL PROVIDE AN
EAST/WEST-ORIENTED PEDESTRIAN AND VEHICULAR THROUGHFARE ACCESSED FROM
CENTRAL AVENUE AND ALLOWING PEDESTRIAN CONNECTIVITY FROM THE CENTRAL
AVENUE LIGHT RAIL STATION, THROUGH THE DEVELOPMENT, TO THE BOUNDARY OF
STEELE INDIAN SCHOOL PARK. THE THOROUGHFARE SHALL INCLUDE THE FOLLOWING
ELEMENTS:
a. DETACHED SIDEWALK WITH LANDSCAPE STRIP ADJACENT TO BUILDINGS “D” AND
“F” AS INDICATED ON SITE PLAN.
b. ONE (1) MINIMUM 5-FOOT-WIDE BIKE LANE.
c. PEDESTRIAN SAFETY INFRASTRUCTURE AT ROADWAY AND DRIVEWAY CROSSINGS,
WHICH MAY INCLUDE (BUT NOT LIMITED TO) TRUNCATED DOMES, LIGHTED
CROSSWALKS, RAISED CROSSWALKS, OR OTHER FEATURES AS APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT
d. SEATING AREAS AND SHADE TREES AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

Rationale: The reconfiguration of the pedestrian and vehicular circulation system necessitates a
significant revision to this stipulation – one that ultimately results in better pedestrian and vehicular
access to and through the development by providing a major east/west throughfare that bisects
the site and creates an unobstructed view corridor between Central Avenue and Steele Indian
School Park. Individuals standing on the Central Avenue Metro Light Rail platform will be able to
look directly through the project to Steele Indian School Park, providing a visual indication of
pedestrian accessibility through the development and into the Park – a feature that did not (and
could not) exist in the previous conceptual plan with the diagonal view corridor.

6. The development shall provide a minimum 30 20 percent public open space on the site, excluding
perimeter setbacks, as approved by the Planning and Development Department.

Rationale: The reconfiguration of the site and the shift to a grid-style development pattern with
smaller “blocks” has reduced the development’s ability to provide publicly accessible open space
on the property. However, this reduction is offset by the enhanced permeability and accessibility
of the site, which more readily facilitates access to Steele Indian School Park – which offers over 67
acres of open space to the public. It is also offset by a significant increase in common open space
above the first floor for residents and visitors of each of the individual buildings within the
development, as illustrated by the Conceptual Roof Plan at Tab 8.




6|The Central Park PHO
Page 524
7. The development shall include a minimum of three distinct public open space areas, a minimum
of 20,000 square feet in size and shall be oriented to capture the view of the historic cafeteria tower
and the mountain views (Piestewa Peak). Each open space area shall follow the guidelines
established in Section 1310 of the Phoenix Zoning Ordinance, as approved by the Planning and
Development Department. All open space areas shall provide seating and be open to the public.

Rationale: In the original conceptual site plan, all three open space areas described in this
stipulation were within the diagonal linear view corridor and therefore oriented in a similar fashion
toward the Park and Piestewa Peak. The reconfiguration of the site and distribution of the open
space areas evenly throughout the development precludes the possibility of orienting them in
compliance with this stipulation.

14. Proposed site ingress and egress points to align with existing street network locations, as
approved by the Planning and Development Department.

Rationale: The applicant is requesting deletion of this stipulation simply because it creates a
redundant and unnecessary layer of regulation before the applicant has fully engineered the site.
This stipulation restricts the ability of the Street Transportation Department to respond flexibly to
unforeseen site engineering issues that may impact street alignment. A requirement of this nature
is more appropriate for the site plan review process after both the applicant and the City of Phoenix
have had the opportunity to appropriately explore, analyze, and discuss the engineering and
vehicular circulation design of the project.

New Stipulation

Pursuant to ongoing discussions between the applicant and the City of Phoenix regarding pedestrian
access between the Property and Steele Indian School Park, the following additional stipulation is
proposed:

14. The developer shall work with the Planning and Development Department and Parks and
Recreation Department to establish two (2) pedestrian access points between the development
and Steele Indian School Park (the “Park), subject to legal access to the Park provided by the City
of Phoenix in its sole discretion.


Conclusion
Although the configuration of the site has changed, the mission and design intent of The Central Park
remains unchanged – to cultivate a walkable, vibrant, mixed-use environment that showcases Steele
Indian School Park for the incredible public asset that it is. The requested stipulation revisions
significantly improve upon the vehicular and pedestrian circulation patterns and facilitate a more
efficient flow of people and vehicles within and through the site. At the same time, these changes




7|The Central Park PHO
Page 525
allow the creation of a centralized hub of activity that will undoubtedly become the crown jewel of the
Midtown/Uptown Central Corridor. As reimagined, The Central Park improves upon the vision in the
Uptown TOD Plan to provide a walkable urban hub and a gateway to Steele Indian School Park.




8|The Central Park PHO
Page 526
TAB 1




Page 527
Aerial Map




Page 528




NEC Indian School Road & Central Avenue – Phoenix, AZ
N
TAB 2




Page 529
Zoning Map




Page 530




NEC Indian School Road & Central Avenue – Phoenix, AZ
N
TAB 3




Page 531
E. INDIAN SCHOOL RD.




Page 532
E. FARINGTON DR.




N. CENTRAL AVE.




OVERALL SITE PLAN
Phoenix Mixed-Use
Phoenix, AZ N 01
Scale
0 40’ 80’
Job No. 2022-1206
SCALE 1” = 40’ Date 2023-09-19
TAB 4




Page 533
Page 534
Page 535
Page 536
TAB 5




Page 537
Page 538
TAB 6




Page 539
Page 540
Page 541
Page 542
Page 543
Page 544
Page 545
Page 546
Page 547
TAB 7




Page 548
Page 549
TAB 8




Page 550
ASSISTED LIVING
PODIUM ROOF DECK




RESIDENTIAL
PODIUM ROOF DECK
CONDO TOWER ROOF
DECK



CONDO PODIUM
ROOF DECK




E. INDIAN SCHOOL RD.




OFFICE PODIUM
ROOF DECK
RESIDENTIAL
PODIUM ROOF DECK
Page 551
E. FARINGTON DR.




APARTMENT
TOWER ROOF
RESIDENTIAL
DECK PODIUM ROOF DECK




APARTMENT
PODIUM ROOF
DECK



N. CENTRAL AVE.




ROOF PLAN
Phoenix Mixed-Use
Phoenix, AZ 02
Scale
0 40’ 80’
Job No. 2022-1206
SCALE 1” = 40’ Date 2023-06-29
CENTRAL AVE



Page 552




INDIAN SCHOOL RD
2ND 2ND 3RD
AVE ST Maricopa County Assessor's Office
ST


PHO-1-23--Z--9-19-4 Property Location: Northeast corner of Central Avenue and Indian School Road


Planning & Development Department 0 100 200 400 Feet
´
R-3 C-2


R-5 HP-L
P-1

R1-6
C-3
R-3


R-4 WU T6:HWR*
R-4A*

CENTRAL AVE


R-5
Page 553




WU T5:5 UT*


INDIAN SCHOOL RD
2ND C-3 3RD
AVE C-3 H-R* 2ND
C-3 ST
C-2 Maricopa County Assessor's Office
ST


PHO-1-23--Z--9-19-4 Property Location: Northeast corner of Central Avenue and Indian School Road


Planning & Development Department 0 100 200 400 Feet
´
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Mod

Mod




Del



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Mod


Mod

Mod




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R-3 R-5
AVE




CENTRAL
MONTECITO AVE

C-2
C-2 H-R

UR TOD-1*
H/W P/W *
Z-344-83


2ND AVE R-3
Z-82-05
R-5
GLENROSA AVE
C-2 H-R
Z-91-84
GLEN ROSA AVE
2N D R-5 HP L
P-1 Z-109-03
2ND DR
AVE
AVE

C-3
R1-6 1ST
R-3 Phoenix
Indian School
R-4 C-2
Specific Plan
MONTEROSA ST H-R *
Z-65-91


R-4A* C-2 *
Z-65-91
Z-124-97




3RD ST

INDIAN SCH OOL RD
C-3
C-3
C-2 SP* 2ND ST


CENTRAL AVE
2ND AVE 4TH ST
2ND PL
Z-37-04 Transit Overlay

C-2 R-4A*
Z-SP-7-04
District (TOD-1) P-1
C-3 H-R
P-1*
1ST AVE
Z-44-95 CZ-51-97

C-2 SP
Z-37-04
C-2
C-2 H-R *
Z-SP-7-04 WU T6:7 * R-5 * Z-47-00 R-3
Z-19-16 Z-SP-13-92




I Miles
G ra
nd C
an al Z-9-19

INDIAN SCHOOL RD
0.075 0.0375 0 0.075
ENCANTO VILLAGE
CITY COUNCIL DISTRICT: 4 THOMAS RD




MC DOWELL RD
I-17



CENTRAL AVE
SR 51
19TH AVE 7TH AVE 7TH ST 24TH ST
16TH ST




REQUESTED CHANGE:
Withey Morris PLC - Jason Morris
APPLICANT'S NAME:

FROM:

R-5 TOD-1 PISSP (Approved C-2 TOD-1 PISSP), 0.58 a.c.
APPLICATION NO. DATE:
3/13/2019 R-5 TOD-1 PISSP (Approved C-2 H-R TOD-1 PISSP), 17.24 a.c.
Z-9-19 REVISION DATES:

3/15/2019 3/18/2019
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP


17.82 Acres
QUARTER SEC. NO.


QS 17-28 H-8 TO: WU Code T6:HWR UT ( 17.82 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-5 TOD-1 PISSP, (Approved C-2 TOD-1 PISSP),
(Approved C-2 H-R TOD-1 PISSP) 775, (8), (2,503) 930, (10), (N/A)
WU Code T6:HWR UT No Maximum N/A

* Maximum Units Allowed with P.R.D. Bonus
Page 560
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2019\Z-9-19.mxd
Village Planning Committee Meeting Summary
PHO-1-23—Z-9-19-4

Date of VPC Meeting August 7, 2023
Date of Planning August 16, 2023
Hearing Officer Hearing
Request 1) Modification of Stipulation 2 regarding public
pedestrian plaza.

2) Modification of Stipulation 3 regarding a linear
corridor.

3) Deletion of Stipulation 4 regarding public
pedestrian accessway.

4) Modification of Stipulation 5 regarding public
primary pedestrian accessway.

5) Modification of Stipulation 6 regarding public open
space.

6) Modification of Stipulation 7 regarding three public
open space areas.

7) Deletion of Stipulation 14 regarding alignment of
ingress and egress points with the existing street
network.
Location Northeast corner of Central Avenue and Indian School
Road
VPC Recommendation Continuance
VPC Vote 17-0

VPC DISCUSSION:

3 members of the public registered in opposition wishing to speak.
2 members of the public registered in opposition not wishing to speak.

John Roanhorse, staff, provided an overview of the PHO request, describing the
location, general plan designation, existing zoning districts, and the surrounding uses.
Mr. Roanhorse relayed the case history, the stipulations, and the process for the PHO
hearing.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 561
Encanto Village Planning Committee
Meeting Summary
PHO-1-23—Z-9-19-4


Jason Morris, representing the applicant with Morris Withey Baugh, PLC introduced
himself and provided an initial overview of the original project and the process that was
approved. Mr. Morris noted the location and scale of the project and the Encanto Village
Planning Committee’s involvement in the review and approval of the original rezone. Mr.
Morris stated the project has remained the same and they are seeking changes in
response to land use demand for office, residence and mixed use. Mr. Morris expressed
that all the proposed changes with the PHO are permitted and with the proposed
changes the project will fit the current economic and urban environment.

Benjamin Tate, representing the applicant with Morris Withey Baugh, PLC introduced
himself and discussed his involvement with the original project and noted his previous
residence in the Woodlea Neighborhood and attendance in the Osborn School District.
Mr. Tate reviewed the project area, the Indian School and the design development of
the project. Mr. Tate stated the proposed changes address the decreased need for
office and the housing crisis. Mr. Tate explained that over the last four years they have
continued to evaluate and explore options as conditions have changed to see how this
project would work more responsively to focus on residential development, and some
office use while maintaining retail/commercial use. Mr. Tate noted the approved plans
include ground level retail with a grocery store market and this has not changed with the
proposed revisions. Mr. Tate stated the changes on the site would reduce one office
tower and increase the number of residential units which would change the number of
daily trips that would impact road and access configurations. Mr. Tate stated that a
basic concept of the proposal that development would be a lobby to Indian Steel Park
and that the corridor function would have food, beverage and retailers as well as a
gathering space. Mr. Tate stated that each of the proposed modified stipulations had a
clear and responsive rationale that would promote a pedestrian network, allow more
direct access to the park and movement from the Central Avenue light rail station. Mr.
Tate expressed by presenting the stipulation modifications the plans are improved and
promote alignment and create more effective activation with the commercial retail,
adding open podium parking, roof decks and public open space. Mr. Tate stated that the
proposed changes would promote a more intuitive aligned orientation that is consistent
with the original plan design.

Questions from the Committee
Committee Member Perez asked about changes to the onsite parking. Mr. Tate
responded that in the original plan there was subterrain parking and now the proposal
includes an open garage and each development parks itself and includes podium
parking.

Committee Member Bryck stated that the rendering includes a water feature and is
that still part of the proposed development. Mr. Tate responded that the plaza area will
include a splash pad or similar feature but not a pool.

Committee Member Jewett asked about the parking structures for each development
in the proposal and are elevations available. Mr. Morris responded that this detail is
being researched to identify the best materials that will be available. Mr. Morris stated

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
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Encanto Village Planning Committee
Meeting Summary
PHO-1-23—Z-9-19-4


that there will be no open parking garages and the final design will include perforated
materials. Mr. Morris explained they are evaluating materials to be cognizant of current
retail needs and future conditions to accommodate parking.

Vice Chair Rodriguez asked if the parking garages could be converted to other uses if
conditions change. Mr. Morris responded that parking lots are being evaluated for
potential future use but not necessarily as habitable space. Chair Rodriguez asked how
can parking be developed into other uses and what will they be turned into. Mr. Morris
stated parking has been developed into other uses such as multi use office, shared
office space and a hotel but the intent now is to look forward and see what the next use
might be and include infrastructure. Chair Rodriguez asked if there was any
confirmation that alternative uses were included with the proposed modifications. Mr.
Morris responded that the details of the development are still being evolved for each of
the buildings. Chair Rodriguez asked about the applicability of the WU Code and why
are they over parked and what is the applicability of any parking reductions. Mr. Morris
responded that due to the various proposed uses they have not included any parking
reductions to allow review of options.


Committee Member Kleinman asked that if the proposed pedestal parking is being
evaluated for possible reuse opportunities in the future. Mr. Morris responded yes that
is what is being considered and this was the concept in the original approved plan. Mr.
Kleinman stated he liked the open space concept and will there be an open area without
trees and furnishings where there could be music performances. Mr. Morris responded
that yes an open area is a main design concept that may include a stage or a market
and with the new design there will be more access to an open area. Mr. Kleinman asked
about the initial construction that will begin at the corner of Indian School Road and
Central Avenue to feature the retail commercial development. Mr. Morris responded yes
that is the proposed construction plan.

Committee Member Procaccini asked if the interior roads would be private. Mr.
Morris responded yes, they would be private and they will be smaller streets. Mr.
Procaccini commented that they will be privately maintained and asked if they will still
have access from public streets and will they focus on the retail areas. Mr. Tate
displayed the proposed traffic circulation. Mr. Procaccini asked why the retail did not
face Central Avenue or Indian School Road. Mr. Morris responded the park is the
central feature and brings people in. Mr. Procaccini stated it appears that Indian School
Road will be a back of house area. Mr. Morris responded that all service delivery will be
from the interior streets which was part of the original plan.

Committee Member Searles acknowledged the proposed landscaping and noted the
canopies would be beneficial and inquired about the configuration of the senior living
development. Mr. Tate responded that it would include 320 units for independent and
assisted living. Mr. Searles asked about the proposed artwork on the site and how it will
be accommodated. Mr. Morris responded that the art design will be a magnet to draw
people in and what is shown is a rendering. Mr. Searles noted that the original approval

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 563
Encanto Village Planning Committee
Meeting Summary
PHO-1-23—Z-9-19-4


included a theater and if that will still be part of the development. Mr. Morris stated that
they are working on the design details and this feature will be included.

Committee Member Cardenas asked how transportation access for future residents
will be addressed. Mr. Morris responded that over the years they have observed many
of the residential developments along Central Avenue and for the proposed project they
expect to have a mix of transportation modes including light rail with some residents
having cars as well as use for bicycles. Mr. Morris stated that parking will be adjusted
but they expect that some residents prefer access to a car but over time some may not
rely on a car including residents in the senior living development. Mr. Morris stated the
proposal provides options for residents to have choices in how they live, work and play.
QUESTIONS FROM THE COMMITTEE:

Committee Member Perez asked about changes to the onsite parking. Mr. Tate
responded that in the original plan there was subterrain parking and now the proposal
includes an open garage and each development parks itself and includes podium
parking.

Committee Member Bryck stated that the rendering includes a water feature and is
that still part of the proposed development. Mr. Tate responded that the plaza area will
include a splash pad or similar feature but not a pool.

Committee Member Jewett asked about the parking structures for each development
in the proposal and are elevations available. Mr. Morris responded that this detail is
being researched to identify the best materials that will be available. Mr. Morris stated
that there will be no open parking garages and the final design will include perforated
materials. Mr. Morris explained they are evaluating materials to be cognizant of current
retail needs and future conditions to accommodate parking.

Vice Chair Rodriguez asked if the parking garages could be converted to other uses if
conditions change. Mr. Morris responded that parking lots are being evaluated for
potential future use but not necessarily as habitable space. Chair Rodriguez asked how
can parking be developed into other uses and what will they be turned into. Mr. Morris
stated parking has been developed into other uses such as multi use office, shared
office space and a hotel but the intent now is to look forward and see what the next use
might be and include infrastructure. Chair Rodriguez asked if there was any
confirmation that alternative uses were included with the proposed modifications. Mr.
Morris responded that the details of the development are still being evolved for each of
the buildings. Chair Rodriguez asked about the applicability of the WU Code and why
are they over parked and what is the applicability of any parking reductions. Mr. Morris
responded that due to the various proposed uses they have not included any parking
reductions to allow review of options.

Committee Member Kleinman asked that if the proposed pedestal parking is being
evaluated for possible reuse opportunities in the future. Mr. Morris responded yes that
is what is being considered and this was the concept in the original approved plan. Mr.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 564
Encanto Village Planning Committee
Meeting Summary
PHO-1-23—Z-9-19-4


Kleinman stated he liked the open space concept and will there be an open area without
trees and furnishings where there could be music performances. Mr. Morris responded
that yes an open area is a main design concept that may include a stage or a market
and with the new design there will be more access to an open area. Mr. Kleinman asked
about the initial construction that will begin at the corner of Indian School Road and
Central Avenue to feature the retail commercial development. Mr. Morris responded yes
that is the proposed construction plan.

Committee Member Procaccini asked if the interior roads would be private. Mr.
Morris responded yes, they would be private and they will be smaller streets. Mr.
Procaccini commented that they will be privately maintained and asked if they will still
have access from public streets and will they focus on the retail areas. Mr. Tate
displayed the proposed traffic circulation. Mr. Procaccini asked why the retail did not
face Central Avenue or Indian School Road. Mr. Morris responded the park is the
central feature and brings people in. Mr. Procaccini stated it appears that Indian School
Road will be a back of house area. Mr. Morris responded that all service delivery will be
from the interior streets which was part of the original plan.

Committee Member Searles acknowledged the proposed landscaping and noted the
canopies would be beneficial and inquired about the configuration of the senior living
development. Mr. Tate responded that it would include 320 units for independent and
assisted living. Mr. Searles asked about the proposed artwork on the site and how it will
be accommodated. Mr. Morris responded that the art design will be a magnet to draw
people in and what is shown is a rendering. Mr. Searles noted that the original approval
included a theater and if that will still be part of the development. Mr. Morris stated that
they are working on the design details and this feature will be included.

Committee Member Cardenas asked how transportation access for future residents
will be addressed. Mr. Morris responded that over the years they have observed many
of the residential developments along Central Avenue and for the proposed project they
expect to have a mix of transportation modes including light rail with some residents
having cars as well as use for bicycles. Mr. Morris stated that parking will be adjusted
but they expect that some residents prefer access to a car but over time some may not
rely on a car including residents in the senior living development. Mr. Morris stated the
proposal provides options for residents to have choices in how they live, work and play.

Committee Member Perez commented that as an engineer with experience in design
the structural integrity of the parking garage has potential for other uses and the
alignment to the center is optimal for traffic movement for the overall design. Mr. Morris
responded they have evaluated options for street frontage and the design
accommodates an approach to take advantage of street level appeal.

Committee Member Bryck asked about the phased development and if the streets and
the shade trees on the north and south will be part of phase one. Mr. Morris responded
yes the phased development is an opportunity to look ahead and have shaded
sidewalks.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 565
Encanto Village Planning Committee
Meeting Summary
PHO-1-23—Z-9-19-4



Committee Member George asked about the proposed 17,000 square feet of retail
space planned for grocery and what type of market is expected. Mr. Morris responded
that there are discussions with potential tenants and presently the spaced is sized for a
small grocer.

Committee Member Schiller noted the light rail station on Central Avenue and will the
proposal include a crosswalk to access the site. Mr. Morris responded yes a crosswalk
is planned. Mr. Tate responded there is an existing traffic light to allow crossing. Mr.
Morris stated the development will align with the traffic light on Central Avenue. Mr.
Schiller asked if there will be a traffic light added on Indian School Road for pedestrian
access. Mr. Tate responded that details are being evaluated. Mr. Morris stated that a
signal is being evaluated based on the volume of trips but it will have to meet the
requirements of the Streets Transportation Department. Mr. Morris responded that there
will be an access point on Indian School Road that will be restricted to right-in/right-out
but there will be access to Central Avenue from the proposed development.

Vice Chair Rodriguez expressed concern with potential pedestrian roadway conflicts
that the changes may create. Vice Chair Rodriguez asked if a cul de sac had been
consider for the interior development to allow more pedestrian movement. Mr. Morris
responded that committing to reducing a space with no cars is a challenge because the
retail space does need some local parking and the revise design considers this with
narrow streets and limited flow and this is not the perfect design and they will consider
options for improvements. Vice Chair Rodriguez stated there are options to make the
project better and still maintain walkability and engagement and asked about delivery
service access. Mr. Morris responded that service and delivery would be from the
interior streets and they are reviewing options and is open to ideas from the Committee.
Vice Chair Rodriguez stated that it would have been beneficial if the proposed changes
were brought to the Village Planning Committee first and asked if there were plans to
include or acknowledge a historical reference to Indian School Park. Mr. Morris
responded that the plans included informative references and there are discussing and
interpretative garden feature with the Indian School Conservatory. Mr. Morris responded
that the proposal was intended to make changes to the approved plans not a rezone
action so that is why it was not initially brought to the Committee and welcomes input to
the changes and would be happy to meet as necessary.

Committee Member Perez commented on her observation of a mixed used
development at 16th Street and Highland Avenue and the parking provided. Ms. Perez
stated that parking is important to retailers and also consumers and commended the
presenters with the information provided.

Committee Member Procaccini offered a suggestion for artistic resources for the
proposal which included the Inter-Tribal Council of Arizona, Inc. and the Native
American Connections. Mr. Tate stated in the original development they did consult with
the Native American Connections, and they expect to continue that relationship.


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Encanto Village Planning Committee
Meeting Summary
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Chair Wagner asked about stipulation number 6 and the reduction of open space and
to provide an example in square feet and asked how the intersection on the north side
of the development will look and will it still comply with the WU Code. Mr. Morris
responded that the blocks will be shorter and have more pedestrian access points and
where it can be designed there will be stores that have interior fronts and frontage along
Central Avenue and there will be no sheer walls. Chair Wagner asked if the frontage will
have glass and be activated. Mr. Morris responded that WU Code requires entries
which will be included along the store fronts. Mr. Tate responded that a 20 percent
reduction is about 154,000 square feet and a 30 percent reduction would be about
230,000 square feet. Mr. Tate said that the proposed reduction of open space is an
estimate based on the level of change the are pursuing.

Committee Member Kleinman asked if the majority of retail space would be adjacent
to the grass and water feature and if the parking would be close to the stores. Mr.
Morris responded that there will be some limited parking but patrons will have to walk
because parking is not directly near the store front. Mr. Kleinman asked if some parking
would be located in structures and some walking would be involved. Mr. Morris stated
there will not be lots of store front parking and they have avoided large parking lots in
the design.

Public Comment
Ed Hermes with the Carnation Neighborhood Association introduced himself and stated
he has followed the development since 2019 and had been active in engaging and
getting public input from the community. Mr. Hermes expressed that there was no input
and involvement with the community leading up to these stipulations and with projects
there has always been give and take. Mr. Hermes expressed that the stipulations are a
legally binding promise that represent the engagement, involvement and input that
addressed the community’s concerns. Mr. Hermes expressed that the Carnation
Neighborhood did not oppose the initial development because of the meetings and
discussions which resulted in the stipulations. Mr. Hermes asked the Committee to vote
no to modify the stipulations because it would make the project worse. Mr. Hermes
stated that development on the site is a good opportunity and the stipulations were a
compromise and the proposed modifications should have come back to the
neighborhood for discussion. Mr. Hermes stated that the presentation to the Committee
is the only opportunity to discuss the proposed modifications. Mr. Hermes expressed his
concern with the short amount of time to prepare and have responsive engagement. Mr.
Hermes stated that there have been many changes since this project was approved but
somethings have not changed like the vision and Indian School Park and some of the
ideas were good in the past and are still good now. Mr. Hermes stated the pedestrian
network and crossing are important elements of the project and the modification impact
these features. Mr. Hermes said they need to pause the process and meet with the
neighborhood and asked the Committee to vote no on the proposal.

Ken Waters introduced himself and stated this project is on the TOD and is next to the
city’s premier park and he opposes the modifications. Mr. Waters stated it is great that
there is 70,000 square feet of walkable urban retail at a great location and the planned

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layout was good but at this location the development has to be compatible with TOD.
Mr. Waters stated that previous projects did not achieve complete compatibility with
TOD and the city has not been fully involved in the development. Mr. Waters said there
is a TOD Project Manager in the City Economic Development Department and they are
not engaged in this project. Mr. Waters stated that the City’s leadership said they would
bring projects back to neighborhoods for change and they need to go back to the
Villages and that did not happen. Mr. Waters expressed the need to have more citizen
participation and discussion and there needs to be an investment in an urban walkable
lifestyle. Mr. Waters stated that the office market has declined but the retail market is
reviving with more growth and jobs and this project could be so much better. Mr. Waters
expressed that there is so much opportunity with this project and it needs to be an A+
but this has not been achieved.

Eric Thomas introduced himself as he former treasurer of the Osborn Neighborhood
Association. Mr. Thomas stated that the proposed development is very exciting because
the site has been vacant for too long. Mr. Thomas said that there is great concern about
the stipulation modifications and how the neighborhood was notified. Mr. Thomas noted
the project was a good design but there has been no dialogue and there has been no
opportunity other than the Committee meeting to provide feedback. Mr. Thomas stated
the proposed changes may not be a big factor but the applicant needs to come back to
the neighborhood and get input and the stipulations were developed for a reason and
the changes need to be discussed. Mr. Thomas said losing pedestrian space and other
adjustments and conflict points need to be discussed. Mr. Thomas asked the
Committee to vote no on the proposed stipulation modifications.

Mr. Morris stated that everything that was heard was helpful and that the process is not
a rezone case. Mr. Morris said before the PHO notice was sent out they were not
certain this case would be reviewed by the Village Planning Committee. Mr. Morris said
the intent was to present the case to the PHO and they were not trying to avoid a public
meeting. Mr. Morris expressed an apology for not providing an opportunity for
discussion. Mr. Morris stated that if this case was a rezoning with the amount of
residential and open space, senior living and commercial development there would be
support and approval for this design. Mr. Morris said that the proposal does not include
a single new use all the current uses, height and density were in the original purpose
and they are keeping true to the intensity and the changes will have positive results
including less daily trips and improves the original design and will be vibrant. Mr. Morris
stated that the retail market has changed but is still subject to several factors including
specialization. Mr. Morris stated market options may include food and beverage service
in retail areas. Mr. Morris stated they are open to meet with HOA’s and neighborhoods
and they are beginning the process. Mr. Tate stated that many people were involved in
the original process and they were hit with a once in a century crisis and it was their
intention to continue the development process. Mr. Tate expressed that they have
continued to work on the project with a sense of urgency to deliver on the concept that
was originally approved.

Committee Discussion

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Meeting Summary
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Mr. Cardenas asked if the Committee’s action would prevent the applicant with meeting
with the Carnation Neighborhood prior to PHO. Mr. Roanhorse, staff, responded that
the applicant could meet with the neighborhoods prior to the PHO. Mr. Cardenas asked
if the parties could meet the following week.

Mr. Benjamin asked about a substitute motion and a situation where there may be two
voting cycles on an action item and has there been any determination on the process.

Chair Wagner stated for the item presented the Committee is seeking a motion, and
substitute motions are allowed.

Mr. Procaccini asked what are the boundaries of the Carnation Neighborhood. Mr.
Hermes responded the boundaries are 7th Avenue, Central Avenue, Indian School
Road and the Grand Canal.

Mr. Cardenas asked if the Committee’s action would prevent the applicant with meeting
with the Carnation Neighborhood prior to PHO. Mr. Roanhorse, staff, responded that
the applicant could meet with the neighborhoods prior to the PHO. Mr. Cardenas asked
if the parties could meet the following week.

Mr. Benjamin asked about a substitute motion and a situation where there may be two
voting cycles on an action item and has there been any determination on the process.

Chair Wagner stated for the item presented the Committee is seeking a motion, and
substitute motions are allowed.

Mr. Procaccini asked what are the boundaries of the Carnation Neighborhood. Mr.
Hermes responded the boundaries are 7th Avenue, Central Avenue, Indian School
Road and the Grand Canal.

MOTION 1
Vice Chair Rodriguez made a motion to recommend denial of PHO-1-23--Z-9-19-4.
Committee Member George seconded the motion.

Vice Chair Rodriguez asked if there was a HAWK crossing at 2nd Street and Indian
School Road. Mr. Morris responded a traffic light was considered.

Mr. Kleinman stated it appears that from the public comments and the motion
presented there is an intent to delay and not deny the proposal presented. Mr. Kleinman
expressed that there is agreement that the proposal is a good project and there is not
enough time to engage in a meeting with the public prior to the PHO. Mr. Kleinman
stated there needs to be a proactive approach and asked if the applicant would be
willing to push this request back a month in a delayed manner. Mr. Morris responded
that it would be their preference to meet with the public prior to the PHO and they will
not go to the PHO without meeting with the people that are attending tonight’s meeting.


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Meeting Summary
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Vice Chair Rodriguez stated the intent of the motion is to allow the applicant to work
with the community and have a substantive meeting to promote dialogue and provide
information as a measure of due diligence for the proposed modified stipulations.

Ms. Perez stated that allowing options is beneficial for the developer and the
neighborhoods and the Committee wants to support and not to bypass any discussion
even if it requires an extra step.

Mr. Cardenas stated he is ok with approving the motion because he trusts that Mr.
Morris will engage with the community and he has a good reputation and is a man of his
word.

Chair Wagner thanked Mr. Morris and Mr. Tate for the presentation. Chair Wagner
stated that the PHO case was optional for the Committee but felt it was important to
have the presentation and the Village Planning Committee is an opportunity to hear the
publics voice. Chair Wagner stated that the proposal includes many changes and
transforms the project and there needs to be more outreach. Mr. Morris responded that
he agreed and suggested they conduct a public meeting and continue the PHO for 30
days and come back to the Village Planning Committee.

Vice Chair Rodriguez asked meeting participants if 30 days was suitable to continue
the proposal request to allow for additional outreach and discussion.

Chair Wagner asked Mr. Morris and Mr. Tate if a 30-day continuance was acceptable
to them. Mr. Morris said a 30-day continuance would be acceptable.

Vice Chair Rodriguez withdrew the motion to recommend denial of PHO-1-23--Z-9-19-
4.

Mr. Kleinman clarified that the applicant needs to meet with the Carnation
Neighborhood and associated groups prior to the next Village Committee meeting.

Mr. Matthews stated he is in favor of supporting a continuance and the applicant will
come back to the Encanto Village Planning Committee on September 11, 2023 with the
expectation of hearing the status of the meetings with the Carnation, Pierson and
Osborn neighborhoods.

MOTION 2
Committee Member Matthews made a motion to recommend a continuance for PHO-
1-23--Z-9-19-4 to the September 11, 2023 meeting date with direction that the applicant
will conduct a meeting with the Carnation, Pierson Place and Osborn Neighborhood
groups; and provide their findings to the Encanto Village Planning Committee.
Committee Member Cardenas seconded the motion.

VOTE:


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17-0; motion to recommend a continuance of PHO-1-23--Z-9-19-4 passes; Members
Benjamin, Bryck, Cardenas, Doescher, George, Jewett, Kleinman, Mahrle, Matthews,
Perez, Picos, Procaccini, Schiller, Searles, Tedhams, Vice Chair Rodriguez and Chair
Wagner in favor.

Staff comments regarding VPC Recommendations:

None.




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Date of VPC Meeting September 11, 2023
Date of Planning September 20, 2023
Hearing Officer Hearing
Request 1) Modification of Stipulation 2 regarding public
pedestrian plaza.

2) Modification of Stipulation 3 regarding a linear
corridor.

3) Deletion of Stipulation 4 regarding public
pedestrian accessway.

4) Modification of Stipulation 5 regarding public
primary pedestrian accessway.

5) Modification of Stipulation 6 regarding public open
space.

6) Modification of Stipulation 7 regarding three public
open space areas.

7) Deletion of Stipulation 14 regarding alignment of
ingress and egress points with the existing street
network.
Location Northeast corner of Central Avenue and Indian School
Road
VPC Recommendation Approval
VPC Vote 9-4

VPC DISCUSSION:

7 members of the public registered in opposition wishing to speak.
1 member of the public registered in favor wishing to speak.
4 members of the public registered in opposition not wishing to speak.

John Roanhorse, staff, provided a review of the PHO request, describing the location,
general plan designation, existing zoning districts, and the surrounding uses. Mr.
Roanhorse relayed the case history, the stipulations, and the process for the PHO
hearing.

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Jason Morris, representing the applicant with Morris Withey Baugh, PLC introduced
himself and thanked the Committee for the opportunity to present an update on the
proposal. Mr. Morris stated he met with the Carnation Neighborhood, and they provided
feedback which allowed the development team to make modifications to the original
design. Mr. Morris said there was never a project that could not be changed and with
this project there are no new uses. Mr. Morris stated the changes to the project are in
response to the pandemic and the original design was ambitious and included many
details that are no longer suitable. Mr. Morris indicated that the applicant fully intended
to build the project as designed but there must be several modifications to make the
project work. Mr. Morris stated that a basic challenge for the project design was there
was nothing they could compare this development to as there is nothing along Central
Avenue built to the same scale. Mr. Morris stated that coming back to the Village
Committee was a good opportunity to identify and include what the Village needs and
can support with a mix of uses including a grocer and other commercial uses. Mr. Morris
said the design team has focused on this site changes the site size has not changed
and the uses have been adjusted to allow pedestrian activity access to the site and
parking. Mr. Morris also stated that in the original design views to Piestewa Peak were
important elements but due to the revised site plan this element was not achievable. Mr.
Morris stated that the current conditions for the proposed site do not include some retail
in the original uses and the proposed changes will promote walkability and access from
the light rail platform to Indian School Park. Mr. Morris indicated that the changes allow
a more viable use of ground floor retail, and this will create a more inviting environment.
Mr. Morris stated that in the new design they have removed some on street parking to
allow more pedestrian movement and accessibility to the space in the center of the
development. Mr. Morris said that parking is necessary for this design because a mixed-
use development cannot only rely on bicycling and pedestrian access. Mr. Morris stated
that retail relies on automobile traffic and other retailers, so they have adjusted parking.
Mr. Morris stated the design team had to review ground floor retail uses so they would
not just be gyms or leasing offices but something that was more active. Mr. Morris
stated that they also must be responsive to brokers to maintain businesses that come to
the development. Mr. Morris stated that an office tower is not as leasable or usable and
residential needs have increased. Mr. Morris stated that by adding more residential
units they can get more condominium owners and have a variety of opportunities
including senior housing, age restricted housing assisted living and units of various
sizes. Mr. Morris indicated that the new plan keeps and open plaza, but it is not located
at the intersection of Central Avenue and Indian School Road. Mr. Morris noted that the
plaza feature is at ground level adjacent to the retail spaces and will have outdoor
dining, anchor stores and open space. Mr. Morris expressed the value of having a view
of Piestewa Peak from the site however this concept came from the original design but
does not fit in the revised plans. Mr. Morris noted that the design now emphasizes
connection from the light rail platform to Indian School Park through their proposed
development. Mr. Morris said with the revised pedestrian network they have removed
the palm trees and have added shade trees. Mr. Morris said that linear walkways into
the central open space will be a significant difference for residents and will allow better
access and improve opportunities for pedestrians and bicycles. Mr. Morris stated that
the sidewalks and pedestrian routes will be adjusted to have variations in the pavement

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and domes to separate movement in the area. Mr. Morris said that traffic management
and signalization will be more appropriately reviewed by the Streets Transportation
Department so this will be another change from the original plans. Mr. Morris stated that
by shifting from office space to residential traffic volume will change and that will be
addressed by the Street Transportation Department as well. Mr. Morris stated that the
redesign of the site will create greater commercial opportunities and allow improved
frontage on Central Avenue. Mr. Morris stated that the proposed changes do not
address everything, but it does accommodate the necessary changes to make the
proposed project successful. Mr. Morris concluded his presentation and thanked the
Committee and asked for their support.

Questions from the Committee
Committee Member Kleinman asked about the retail spaces and the intent of the
diagonal alignment and if it is adjacent to the proposed retirement/senior living
development. Mr. Morris responded that the proposed condominiums are not adjacent
to the retail area. Committee Member Kleinman thanked Mr. Morris for having a
neighborhood meeting and coming back to the Committee to show the modifications
and meet the concerns that were expressed. Committee Member Kleinman noted the
proposed frontage on Indian School Road and Central Avenue and the intended view of
Piestewa Peak and indicated the proposed development site has been desolate for a
long time. Committee Member Kleinman stated that this proposed development if
approved will begin construction right away and positively impact the area and thanked
Mr. Morris for the presentation.

Mr. Morris commented that the original design followed the Phoenix Indian School
Specific Plan which included a view of Piestewa Peak and that the ownership pattern
and area was different and that determined how the parcels were created.

Vice Chair Rodriguez inquired about a proposed grocery store and the street facing
frontage and does it affect the stipulation. Mr. Morris responded that the proposed
location would not change the stipulation and the location has been adjusted because of
the meeting with the Carnation Neighborhood Association.

Committee Member Cardenas asked about the original plan and the intended view of
Piestewa Peak and height of the buildings on the site. Mr. Morris responded that site
was set to provide a view of Piestewa Peak from the corner but has changed and the
building height have been decreased in the revised plans. Committee Member
Cardenas asked with the lower building height would there still be a view to Piestewa
Peak. Mr. Morris responded the view to Piestewa Peak would not be accessible and
even with the original plan there were limited views. Mr. Morris stated the revised plans
are more neotraditional and more walkable and allows more effective loading of the
retail areas.

Committee Member Cardenas asked about a development project to the west of the
subject site. Mr. Morris responded that location is undergoing a rezone and is more
residential with more traditional neighbors adjacent to it and will take a while to get built.

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Mr. Morris noted that the retail space on that site is very different and there is less open
space.

Committee Member Cardenas commented that the Arizona Veterans Home is near
the proposed development and will there be any opportunities to have it included in the
new design. Mr. Morris responded that with additional residential units added they have
included some single occupancy units.

Committee Member Procaccini asked what has changed in the plans based on the
meeting with the neighborhood groups and if there were any vote or recommendations
from the meetings. Mr. Morris responded that there were a few changes, and they are
responsive to the neighbors’ concerns. Committee Member Procaccini asked about the
retail location and if there would be any store frontage at the corner. Mr. Morris
responded that it would be possible to locate frontage at the corner, but they are
showing what is anticipated. Mr. Morris stated they will do retail and restaurant space,
but it will depend on who will want to go in at the different locations.

Committee Member Tedhams asked about the placement of the condominium building
and why property boundaries of the lot are set as they appear. Mr. Morris responded
that the park and adjacent area have a lot of history and the boundaries were adjusted
over time and the result is how this site is currently laid out.

Vice Chair Rodriguez asked about the tree shade displayed in the presentation and
that the palm trees are conceptual and there will be more shade trees included. Vice
Chair Rodriguez stated that open space can be supported next to a public park however
there could be less public open space and possibly more housing with less parking.
Chair Rodriguez asked if adding a bike lane decreases the width of the sidewalk. Mr.
Morris responded no, by adjusting parking and other features the bike lane is slightly
wider.

Chair Wagner asked about the earlier site plan and a case that went to the hearing
adjustment officer to get a variance for an 80-foot setback. Chair Wagner asked if the
80-foot setback was needed and with the current plan does it meet the requirements for
the Walkable Urban Code. Mr. Morris responded that the plans do meet the
requirements for the Walkable Urban Code and there is no 80-foot setback.

Public Comment
Ed Hermes with the Carnation Neighborhood Association introduced himself and
thanked the Committee for the opportunity to speak. Mr. Hermes discussed the
neighborhood meeting that was held at Indian School Park and noted the attendance
was 40 to 50 people. Mr. Hermes stated that the level of participation reflected the
neighborhood wanting the applicant to get this project right. Mr. Hermes stated that the
consensus was that the original stipulations from 2019 were good today, the same
stipulations that the Committee approved. Mr. Hermes stated when the original plans
were prepared the developer came to the neighborhood and provided the stipulations
and stated they could abide by them. Mr. Hermes stated the developer knew it would be

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a challenge with the diagonal view corridor and paseo and these were unique and
important features. Mr. Hermes said when the applicant came back to the neighborhood
with designs that were suburban and car centric that are less pedestrian focused. Mr.
Hermes stated they agreed that request was not a rezone, and they need to address
the stipulations. Mr. Hermes stated an important stipulation was the street alignment
which included a pedestrian crossing for Indian School Road and 2nd Street was an
important feature that was required by the city. Mr. Hermes stated that pedestrian
access was very important because it is a very dangerous area. Mr. Hermes discussed
the amount of open space within the development and noted that the reduction of space
was to make if private. Mr. Hermes stated the walkable corridor is very important to the
neighborhood and the applicant needs to stick with the design that was proposed
before. Mr. Hermes stated if the design changes are allowed then the applicant can
make other changes and they need to stay with the original design that was approved.
Mr. Hermes asked the Committee to vote no on the proposal.

Ken Waters introduced himself and stated he agreed with Mr. Ed Hermes comments to
the Committee. Mr. Waters said there was concern that Economic Development was
not part of the development process now the Parks Department is missing in action. Mr.
Waters stated that four years ago the Phoenix Indian School Specific Plan was
repealed, and the reason was the project had not met the requirements. Mr. Waters
referenced the project plan and noted the park area around the proposed development
and new opportunities for development. Mr. Waters stated there are opportunities to
enhance intersections and the current plan separates the area and makes access to the
park challenging. Mr. Waters stated there may have been an opportunity for the
developer to work with the Parks Department to promote a walkable environment and
the Committee is the first line to promote walkable urban infrastructure. Mr. Waters
stated they need to keep the original stipulations and the site needs to be reviewed by
the Parks Department.

Dave Brian Jenkins introduced himself as a resident of the Carnation Neighborhood
and appreciates being in walking distance of Indian School Park. Mr. Jenkins stated that
the development made promises on an agreed amount of retail space and other
amenities and now they want to go back on their word. Mr. Jenkins stated that global
international events have little to do with this project and it does not change the need for
density and housing. Mr. Jenkins stated it does not change the need for retail space to
support high density population. Mr. Jenkins said high density luxury apartments
demand retail space for business that residents can patronize. Mr. Jenkins said the lack
of retail, dining and shopping will drive out residents. Mr. Jenkins asked which came first
the tenants or businesses, retail space comes first, and the tenants will follow. Mr.
Jenkins recommends the denial of reducing any retail space in the proposed
development.

Samuel Sievert asked if there was a net change in the amount of parking and is there a
net change in the number of residences. Mr. Morris responded that there is less
parking and there are more residences. Mr. Morris stated there will also be some office.


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Felipe Carraza introduced himself as a resident of the Carnation Neighborhood and a
parent. Mr. Carraza stated there are concerns with the amout of available walkable
space in the neighborhood. Mr. Carraza stated he strongly recommends keeping the
first stipulations for the proposed project. Mr. Carraza stated he is the principal at
Encanto School and that children are 24 percent of the population and 100 percent of
our future. Mr. Carraza stated the Committee’s decision today is very critical in ensuring
the future of children. Mr. Carraza stated that maintaining a walkable environment is
very important for children and the proposal with changes is not the space that is
needed. Mr. Carraza stated that the Committee needs to listen to the community and to
advocate for children. Mr. Carraza noted the importance of access to Indian School
Park and valuable open space.

Jeremy Thacker stated there were two words to consider for the proposal objective
standards. Mr. Thacker expressed to the Committee that if they supported the Peetree
proposal they need to support this proposal. Mr. Thacker expressed the proposed
project is like the Peetree proposal in terms of size and residential units. Mr. Thacker
stated that the number of buildings, area of retail space, open space, ownership
options, grocer and walkability varied from the proposed adjacent development. Mr.
Thacker said that the review of the proposal was the result of objective standards. Mr.
Thacker stated the Committee supported the adjacent development and needs to
approve this project. Mr. Thacker indicated that the adjacent project would increase
automobile traffic onto the local streets and the current proposal will not.

Nick Kavacovich introduced himself as a long-time resident of the Carnation
Neighborhood. Mr. Kavacovich stated his participation in the negotiations with the
Peetree development team and the neighborhood had little leverage in the process. Mr.
Kavacovich said in the adjacent proposal the developer came in with their project and
proceeded and the community objected. Mr. Kavacovich stated the stipulations are all
the community has for leverage with developers. Mr. Kavacovich stated if they give up
the stipulations there needs to be some method of quid pro quo, something equal to
negotiate with. Mr. Kavacovich stated that developers bring in designs and rotate the
stipulations and appear to be guidelines and the final plans can change. Mr. Kavacovich
stated they need to keep the approved stipulations.

Margaret Dietrich stated the applicant’s proposed changes are more functional than
the original plans. Ms. Dietrich stated that the concern with the Parks Department is
they wanted to put up fences and close Indian School Park at night. Ms. Dietrich said
there was access to the park and it is very walkable and with the proposed project the
concentration of retail space and a grocer facing Central Avenue is a good feature. Ms.
Dietrich stated other developments that have retail space are not adjacent to a big
street and they have pedestrians and shade features. Ms. Dietrich said that the Midtown
Neighborhood area is very walkable, and the office buildings are partially occupied so a
reduction of office space is reasonable. Ms. Dietrich stated that reducing the number of
traffic stops between 7th Street and Central Avenue makes sense and a crossing at 2nd
Street is not practical and the south side of the street is hardly ever used. Ms. Dietrich


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said the pedestrian crossing at Indian School Road, 3rd Street and Central Avenue are
fine.

Committee Discussion
Committee Member Benjamin stated four years ago he had met with Mr. Benjamin
Tate and was concerned about building a suburban styled project. Committee Member
Benjamin said he reviewed the project and was impressed with the design and
stipulations are promises you make, and they are why the project was approved and it
appears that the proposal is a bait and switch situation.

Vice Chair Rodriguez stated that it would be preferred to add a stipulation to reduce
parking as the project appears to be over parked. Vice Chair Rodriguez said the project
is parked to conventional standards. Mr. Morris responded that project is parked to
residential standards without discounting. Chair Rodriguez asked if the parking could
be adjusted to the Walkable Urban Code standards.

Committee Member Cardenas stated that he sits on another Village Committee where
there are different issues for parking. Committee Members Cardenas stated there was
an industrial rezoning case that passed with stipulations. Committee Member Cardenas
stated the case described was like the proposed project because the applicant engaged
with the community and had the integrity to come back and meet with the community.
Committee Member Cardenas stated that the applicant met with the neighborhood and
made adjustment and that is beneficial.

Committee Member Kleinman commented on the activity of the committee over the
last few years and had seen many projects. Committee Member Kleinman commended
the applicant for coming back to the Committee to adjust the project in response to the
various changes where other projects are not making progress and leaves areas
vacant. Committee Member Kleinman stated it is important for the Committee that
changes need to be made. Committee Member Kleinman understands that stipulations
are promises and in this case the applicant came back to ask for allowances to create a
project that will work in 2023 and provide for the neighborhood. Committee Member
Kleinman stated that this project will make Central Avenue safer and provides an
opportunity compared to what is there now.

Committee Member Searles expressed confusion about this project and noted that it is
a good project and is walkable and accessible. Committee Member Searles stated that
the engagement with neighbors was important and having a grocery store is necessary.
Committee Member Searles stated he was confused about the opposition to this
project, the proposal allows access and now there are just gates, and this project will
activate the corner that has been dead for decades. Committee Member Searles stated
he goes to the park frequently and it is very useful. Committee Member Searles stated
he supports the proposal and will vote to approve it because it will be beneficial.

Vice Chair Rodriguez stated that the Parks Department would not allow access and
the city did not plan on breaking ground any time soon in 2019 and the community

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farms were cleared out. Vice Chair Rodriguez stated she is in Indian School Park every
day.

Chair Wagner stated that is not unusual for a project to be inactive for years then go
back to the PHO to request modifications. Chair Wagner stated that it makes sense that
there would be changes to the stipulations with changes to the economy. Chair Wagner
stated that regarding the Walkable Urban Code the proposed changes fit the footprint.
Chair Wagner stated the view from the corner is stunning, but it is not likely a developer
would have to frame a certain view and a project must be economically viable. Chair
Wagner stated that a view to Piestewa Peak is not viable and obstructed by trees and
buildings as the project gets built. Chair Wagner stated support for the proposal.

MOTION
Committee Member Kleinman made a motion to recommend approval of PHO-1-23--
Z-9-19-4. Committee Member Doescher seconded the motion.

VOTE
9-4; the motion to recommend approval of PHO-1-23--Z-9-19-4 passes; Members
Cardenas, Doescher, Jewett, Kleinman, Procaccini, Schiller, Searles, Tedhams, and
Wagner in favor. Members Benjamin, George, Picos, and Rodriguez opposed.

Staff comments regarding VPC Recommendation:
None.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 579
REPORT OF PLANNING HEARING OFFICER ACTION
Byron Easton, Planner III, Hearing Officer
Teresa Garcia, Planner I, Assisting

October 18, 2023

ITEM NO: 1
DISTRICT NO. 4
SUBJECT:

Application #: PHO-1-23--Z-9-19-4 (Continued from September 20, 2023)
Location: Northeast corner of Central Avenue and Indian School Road
Zoning: WU T6:HWR
Acreage: 17.72
Request: 1) Request to modify Stipulation 2 regarding public
pedestrian plaza.
2) Request to modify Stipulation 3 regarding a linear view
corridor.
3) Request to delete Stipulation 4 regarding public pedestrian
accessways.
4) Request to modify Stipulation 5 regarding public primary
pedestrian accessway.
5) Request to modify Stipulation 6 regarding public open
space.
6) Request to modify Stipulation 7 regarding three public
open space areas.
7) Request to delete Stipulation 14 regarding alignment of
ingress and egress points with the existing street network.
Applicant: Jason Morris, Withey Morris Baugh, PLC
Owner: Julia Najafi, Central Park I, LLC
Representative: Jason Morris, Withey Morris Baugh, PLC

ACTIONS:

Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended denial as filed, approved with modifications and additional stipulations.

Village Planning Committee (VPC) Recommendation: The Encanto Village Planning
Committee reviewed the request on August 7, 2023. The VPC recommended
continuance by a vote of 17-0. The VPC reviewed the continued request on September
11, 2023. The VPC recommended approval by a vote of 9-4.




Page 580
DISCUSSION:

Benjamin Tate, representative of Withey Morris Baugh, introduced the subject site and
gave an overview of why the case was continued. He stated that the meeting with the
Parks and Recreation Department went well, stating that the meeting was to discuss
how access to the park will occur on the site, not whether it will occur. He stated the
Parks and Recreation Department was more receptive to the revised site plan because
it had better controlled access.

Ken Waters, nearby property owner, asked the Planning Hearing Officer if he made it a
stipulation that required the applicant needed to make the meeting with the Parks and
Recreation Department open to the public. He stated that the public was frustrated with
not being involved in the meeting with the Parks and Recreation Department. He stated
that they had scheduled a meeting with the department back in August, but the
department cancelled it. He asked the Planning Hearing Officer again if the meeting
was something he wanted to be done by the applicant.

Byron Easton, Planning Hearing Officer, stated that it was a recommendation for the
meeting with the Parks and Recreation Department and the applicant to be open to the
public, not a requirement.

Mr. Waters stated that he thought Mr. Easton made it mandatory for the meeting to be
open to the public and was frustrated that the public was not involved with the Parks
and Recreation Department meeting.

Mr. Tate stated that the meeting was for two property owners to come to a contractual
agreement and discuss legalities over the accessways. He stated that there was no
development involvement with the meeting. He stated he doesn’t agree with Mr. Water’s
“bait and switch” comment, stating it was a false choice to compare the 2019 and 2023
project proposal.

Ed Hermes, Carnation Association of Neighbors, stated he was in opposition of the
project. He stated that the developers’ negotiated with the neighborhood on
development of the new project while keeping the original stipulations from the Steele
Indian School Park Specific Plan in place. He stated that this was something the
neighborhood was in support of back in 2019. He stated that with little to no public
engagement, the developers went to go back on stipulations and the neighborhood
wants to hold the developer to the original stipulations. He stated that he was
disappointed that the public was not invited to the Parks and Recreation meeting with
the applicant and that the Carnation Neighborhood has been trying to have a meeting
with the Parks and Recreation Department for some time. He stated that the alignment
of the roads on the intersections of Central Avenue and Glenrosa Street and 2nd
Avenue and Indian School is important to help reduce the number of vehicles coming
through the neighborhood. He stated that the view corridor is still an important factor to
the neighborhood and the neighborhood helped develop the view corridor stipulation
back in 2019. He stated it was important to keep the pedestrian corridor on the corner of




Page 581
Central Avenue and Indian School Road to support the future Light Rail Expansion. He
stated that the neighborhood does not support the reduction of open space. He stated
that the stipulations are feasible, and the developer should be upheld to abide by the
original stipulations.

Mr. Tate responded to the registered speaker by mentioning that he was disappointed
with Mr. Hermes comments, disagreeing that there has been little to no public
engagement. He stated there were two VPC meetings and two PHO meetings regarding
the case. He stated there has been more public engagement at this point of the project
compared to the original rezoning case in 2019. He stated that the original stipulations
is not feasible because the original development is no longer possible. He stated they
are making adjustments in order to make the vision possible in 2023.

Sabrina Perez, Encanto Village Planning Committee, stated that the developer had
done a lot more neighborhood outreach regarding this project due to all the changes the
project was experiencing. She stated that she understands the concerns the
neighborhood has regarding preserving the specifics of the connectivity to the park, but
from a technical perspective, the developer has done a great job keeping up with the
development standards that would work with the current market. She stated that the
developer has done a good job to bridge the distance between what the public wants
and what the developer can provide. She stated her support for the developer and said
that the team has tried to assist with the increased public outreach when changes were
made to the project. She stated that the meeting with Parks and Recreation was for the
two private parties and is not intended as a public meeting.

Mr. Easton asked Mr. Tate how many connections did the project make with the park.

Mr. Tate stated they were technically three; The northeast connection is weaved
between the proposed condominiums and senior living building and is purely a
pedestrian access point. He stated the second connection is to the south of the senior
living building, which is part of the east-west pedestrian connection that goes directly
into the park. He stated the third is the north-south connection to Farrington Drive. He
stated that this connection differs from the other two because they already have an
existing access agreement with the Parks and Recreation Department to use Farrington
Drive as a connection.

Mr. Easton asked if the north connection were to be used as a possible vehicular and
pedestrian connection.

Mr. Tate stated that the Parks and Recreation Department Board approved the access
point to Farrington Drive in 2019. He stated he believes it is currently for vehicular
access, but would need to confirm the language in the access agreement. He stated
that the crosswalks shown on the proposed site plan were place at the north connection
for pedestrian safety perspective.




Page 582
Mr. Easton recommended approval for Stipulation 2 regarding a public pedestrian plaza.
He stated that the slight reduction of the corner is offset by the additional west-east
access from Indian School Road. He stated the applicant is meeting the intent of the
public open space and is a more well-planned public plaza. He recommended approval
with modifications for Stipulation 3 regarding a linear view corridor. He stated that the
new stipulation language from the applicant and Parks and Recreation Department was
going to be incorporated into the existing stipulation language. He recommended
approval to delete Stipulation 4 regarding public pedestrian accessways. He stated that
the stipulation is no longer necessary because of the redesign and subsequent
elimination of the view corridor in favor of the pedestrian corridor.

He recommended approval for Stipulation 5 regarding public primary pedestrian
accessway. He stated the reconfiguration of the pedestrian and vehicular circulating
system necessitates a revision to the stipulation. He stated the modification reflects the
redesign and implements the changes agreed upon from the latest VPC meeting. He
recommended approval for Stipulation 6 regarding public open space. He stated that
the new design incorporates smaller open space areas throughout the site and the
smaller block design necessitates less overall public open space. He stated that the
current design opens the space up to the public better, providing easier access from the
surrounding streets to the park. He recommended approval for Stipulation 7 regarding
three public open space areas. He stated the design does not allow for the orientation of
the open space areas toward the historic cafeteria tower and mountain views.

He recommended denial for Stipulation 14 regarding alignment of ingress and egress
points with the existing street network. He stated that the intent of the stipulation is to
ensure any proposed access points on Indian School Road aligns with existing
driveways on the south side of the road to mitigate undesired and unsafe turning
conflicts and to mitigate pedestrian, bicycle, and vehicle conflicts. He stated that the
developer will need to submit a geometric design, tapers, and dedications to align the
west leg of the intersection to operate under a non-split phase signal. He stated the
property at the northwest corner of the intersection of Central Avenue and Glenrosa
Street had been stipulated to the same requirement, therefore completing the
intersection improvements. He stated that the site was archeologically sensitive and
new stipulations were to be added. He stated that staff did not receive a Proposition 207
waiver and that an additional stipulation would be included requiring a waiver to be
submitted prior to final site plan approval.

Mr. Tate stated that the new archeological stipulation does not match what has already
occurred with the project. He stated the added stipulated already exists in the original
2019 case. He stated that an archaeological report was submitted it to the City of
Phoenix in 2019 and was discussed with former director, Alan Stephenson, and the
report is on file with the Archaeological Office.

Mr. Easton stated he would retract the additional archaeological stipulations.




Page 583
FINDINGS:

1) The request for modification of Stipulation 2 is approved. Redesign of buildings
facilitated this request and the slight reduction of the corner.

2) The request for modification of Stipulation 3 is approved. The redesign of the
site, which has been vetted by the VPC and the City Long Range Planning
Section, facilitates the modification of the stipulation. The updated design is
more consistent with the intent of the Uptown TOD Plan, which was adopted to
facilitate a more walkable, bikeable urban environment. In the context of this site,
the updated plan promotes the flow of people between the Metro Light Rail, the
arterial streets, the development, and Steele Indian School Park in a more
logical, convenient, and efficient manner. In addition, new language, that was
proposed by City Staff, was added to further specify access between the Park
and the development.

3) Request for the deletion of Stipulation 4 is approved. Because of the redesign
and subsequent elimination of the view corridor in favor of the pedestrian
corridor, this stipulation is no longer necessary.

4) The request to modify Stipulation 5 is approved. The reconfiguration of the
pedestrian and vehicular circulation system necessitates a significant revision to
this stipulation – one that was formulated with the input of the VPC ultimately
being modified after the initial hearing with the VPC. The changes/modifications
clarify the new design and implement the changes that were agreed upon during
the latest VPC hearing.

The design change supports a better pedestrian and vehicular access to and
through the development by providing a major east/west throughfare that bisects
the site and creates an unobstructed view corridor between Central Avenue and
Steele Indian School Park. Individuals standing on the Central Avenue Metro
Light Rail platform will be able to look directly through the project to Steele Indian
School Park, providing a visual indication of pedestrian accessibility through the
development and into the Park – a feature that did not exist in the previous
conceptual plan with the diagonal view corridor.

5) The request to modify Stipulation 6 is approved. The smaller “block” design
necessitates less overall public open space but also opens up the space to the
public with better access points.

6) The request to modify Stipulation 7 is approved. The design does not allow for
the orientation of the open space areas in this way.

7) The request for the deletion of Stipulation 14 is denied. The intent of the
stipulation is to ensure any proposed access point to this property on Indian
School Road aligns with existing driveways on the south side of the road to




Page 584
mitigate undesired and unsafe turning conflicts in line with the adopted complete
streets ordinance and to mitigate ped/bike & vehicle conflicts. Although the
applicant shows a proposed driveway in the generally correct location, this
stipulation must remain to ensure it remains as indicated.

8) The new Stipulation 14 is intended to further specify how to align the intersection
that is currently offset. The developer will be required to submit a geometric
design, tapers and dedications to align the west leg of the intersection to operate
under a non-split phase signal. The property at the northwest corner of Central
and Glenrosa had been stipulated to the same requirement, this stipulation will
complete the intersection improvements.

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

STIPULATIONS:

1. The maximum building height shall be limited to 400 feet.

2. A minimum 0.75 1 gross acre public pedestrian plaza/public open space
area shall be provided at the intersection of Central Avenue and Indian
School Road.

3. A PEDSTRIAN linear view corridor that is A an average of 85 feet in
width, minimum 40 60 feet in width, measured at the ground level and
between buildings shall be provided from the southwest corner of the site
to A CENTRALIZED OPEN SPACE PLAZA the northeast corner of the
site and begin with the pedestrian plaza. THE DEVELOPER SHALL
WORK WITH THE PLANNING AND DEVELOPMENT DEPARTMENT
AND PARKS AND RECREATION DEPARTMENT TO ESTABLISH
THREE (3) PEDESTRIAN ACCESS POINTS BETWEEN THE INTERIOR
OF THE SUBJECT SITE AND STEELE INDIAN SCHOOL PARK (THE
“PARK”), SUBJECT TO LEGAL ACCESS TO THE PARK BEING
PROVIDED BY THE CITY OF PHOENIX AT ITS SOLE DISCRETION.
ONE (1) ACCESS POINT IS DESIRED OUTSIDE OF THE PARK GATES
AT FARRINGTON DRIVE AND TWO (2) ARE DESIRED ALONG THE
NORTHEAST AND EAST SHARED PROPERTY LINES.
The view corridor shall focus on the historic cafeteria tower and on the
mountain views (Piestewa Peak) and be in general conformance with the
Uptown TOD conceptual Master Plan, as approved by the Planning and
Development Department

4. A minimum 26-foot-wide primary and a minimum 10-foot-wide secondary




Page 585
public pedestrian accessway shall be located within the view corridor and
shall be constructed of a decorative material, as approved by the Planning
and Development Department. The public accessway shall be provided at
the southwest corner of the site and extend to the northeast end of the
site.

4. THE DEVELOPMENT SHALL PROVIDE AN EAST/WEST-ORIENTED
5. PEDESTRIAN AND VEHICULAR THROUGHFARE ACCESSED FROM
CENTRAL AVENUE AND ALLOWING PEDESTRIAN CONNECTIVITY
FROM THE CENTRAL AVENUE LIGHT RAIL STATION, THROUGH THE
DEVELOPMENT, TO THE BOUNDARY OF STEELE INDIAN SCHOOL
PARK. THE THOROUGHFARE SHALL INCLUDE THE FOLLOWING
ELEMENTS:
A minimum 26-foot-wide public pedestrian accessway shall be provided
from the public primary pedestrian accessway within the view corridor and
connecting to the light rail pedestrian crossing along the western property
line, and shall be constructed with decorative material, as approved by the
Planning and Development Department.

A. DETACHED SIDEWALK WITH LANDSCAPE STRIP ADJACENT TO
BUILDINGS “D” AND “F” AS INDICATED ON SITE PLAN.

B. ONE (1) MINIMUM 5-FOOT-WIDE BIKE LANE

C. PEDESTRIAN SAFETY INFRASTRUCTURE AT ROADWAY AND
DRIVEWAY CROSSINGS, WHICH MAY INCLUDE (BUT NOT
LIMITED TO) TRUNCATED DOMES, LIGHTED CROSSWALKS,
RAISED CROSSWALKS, OR OTHER FEATURES AS APPROVED
BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

D. SEATING AREAS AND SHADE TREES AS APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.

5. The development shall provide a minimum 20 30 percent public open
6. space on the site, excluding perimeter setbacks, as approved by the
Planning and Development Department.

6. The development shall include a minimum of three distinct public open
7. space areas, a minimum of 20,000 square feet in size and shall be
oriented to capture the view of the historic cafeteria tower and the
mountain views (Piestewa Peak). Each open space area shall follow the
guidelines established in Section 1310 of the Phoenix Zoning Ordinance,
as approved by the Planning and Development Department. All open
space areas shall provide seating and be open to the public.

7. All pedestrian crossings, including but not limited to the stipulated public




Page 586
8. pedestrian accessways, constructed across driveways, shall be raised and
shall consist of decorative pavers, stamped or colored concrete, or
another material, other than those used to pave the parking surfaces and
drive aisles, as approved by the Planning and Development Department.

8. One of the following streetscape treatments shall be provided along Indian
9. School Road:

a. A minimum 15-foot-wide uninterrupted public pedestrian accessway
located behind the back of a minimum 10-foot wide detached
landscape strip. The landscape strip may taper to allow for an
appropriate transition into the one-gross acre open space area at the
intersection of Central Avenue and Indian School Road. The
accessway shall connect to the 1 gross acre open space area and
shall provide the following amenities or similar features, as approved
by the Planning and Development Department:

1) Minimum four gathering areas with seating.

2) Minimum four landscape planters.

3) Decorative pavement.

4) Art elements.

5) Decorative bollard lighting along the entire frontage.

b. A minimum 6-foot-wide detached sidewalk and a landscape strip
along Indian School Road for the length of the project site. The
landscape strip, to be located between the sidewalk and the back of
curb, shall begin at a minimum of ,30 feet in width at the eastern
property line and may taper to a minimum of 15 feet in width, as
approved by the Planning and Development Department. The
landscape strip shall include a minimum of 2-inch caliper shade trees
planted a minimum of 20 feet on center or in equivalent groupings
between the existing palm trees, as approved by the Planning and
Development Department.

9. Bicycle parking shall be provided as follows:
10.

a. All required bicycle parking for multifamily use, per Section 1307.H.6.d
of the Phoenix Zoning Ordinance, shall be secured parking.

b. Guest bicycle parking for multifamily residential use shall be provided




Page 587
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 1307.H of the Phoenix Zoning Ordinance.

c. A minimum of 10% of the required bicycle parking for nonresidential
uses shall be secured.

10. The developer shall submit a Traffic Impact Study/Statement to the City for
11. this development. No preliminary approval of plans shall be granted until
the study has been reviewed and approved by the City upon satisfactory
resolutions of review comments by the City staff, as approved by the
Street Transportation Department and the Planning and Development
Department.

11. The development shall provide an internal vehicular and pedestrian
12. circulation plan to address ingress and egress to and from the site, vehicle
loading, pick up and drop off locations, pedestrian connections to existing
light rail station and proposed mitigation to potential vehicle / pedestrian
conflict points internal and external to the site. No preliminary approval of
plans shall be granted until the internal vehicular and pedestrian
circulation plan has been reviewed and approved by the Street
Transportation and Planning and Development departments.

12. The development shall underground the existing overhead utility lines
13. adjacent to Indian School Road for the entirety of its frontage, as approved
by the Planning and Development Department.

13. Proposed site ingress and egress points to align with existing street
14. network locations, as approved by the Planning and Development
Department.

14. DEDICATE SUFFICIENT RIGHT-OF-WAY AND CONSTRUCT THE
SOUTH SIDE OF FARRINGTON DRIVE TO ACCOMMODATE
REALIGNMENT WITH THE WEST LEG OF GLENROSA AVENUE AND
CORRESPONDING SIGNAL MODIFICATIONS, AS REQUIRED BY THE
STREET TRANSPORTATION DEPARTMENT. THE DEVELOPER
SHALL BE RESPONSIBLE FOR ALL COST AND CONSTRUCTION OF
IMPROVEMENTS.

15. The Central Avenue frontage shall comply with the Central Avenue
Development Standards.

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




Page 588
comply with all ADA accessibility standards.

17. The developer shall record a Notice to Prospective Purchasers of
Proximity to Airport in order to disclose the existence and operational
characteristics of Phoenix Sky Harbor International Airport to future
owners or tenants of the property.

18. 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.

19. Prior to preliminary site plan approval, a report prepared by a qualified
professional archaeologist determining the history of past uses of the
property shall be submitted to the City Archaeology Office for review and
comment. The report shall include compliance with ARS 41-865 (Arizona
Burial Law). Results of the plan shall include a recommendation for further
archaeologist testing or additional monitoring if recommended.

20. 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.

22. 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.

23. 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.

24. 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.




Page 589
Upon request, this publication will be made available within a reasonable length of time
through appropriate auxiliary aids or services to accommodate an individual with a
disability. This publication may be made available through the following auxiliary aids or
services: large print, Braille, audiotape or computer diskette. To request a reasonable
accommodation, please contact Teleia Galaviz at teleia.galaviz@phoenix.gov or (602)
291-2559 or TTY: 7-1-1.




Page 590
John Roanhorse

From: Ed Hermes
Sent: Monday, July 24, 2023 8:49 PM
To: Council District 4; PDD Encanto VPC; John Roanhorse
Cc: CarnationAssociationAZ; Nick Klimek; zoning.mailbox@phoenix.gov
Subject: Neighborhood Opposition to Application No: PHO-1-23–Z-9-19 (Application to modify
stipulations)


Good Evening,

I am writing with regard to application no. PHO-1-23-Z-9-19 regarding the 17.7 acre lot on the northeast corner of Indian
School and Central (the “Application”). As President of the Carnation Association of Neighbors (“CAN”) - the nearest
neighborhood association - I just received notice that the developer is requesting to eliminate the beneficial stipulations
that the City approved in 2019. I am writing to ask you to oppose and VOTE NO on the Application because it would
eliminate important protections and benefits for the public that were stipulated to in 2019, such as eliminating the
public pedestrian plaza, eliminating the linear view corridor, eliminating public pedestrian accessways, eliminate public
open spaces, and other deleterious modifications. In 2019, when the developer approached us about this development,
CAN supported the development in large part because of these stipulations. These proposed modification to the
stipulations would walk back all of those promises made to the neighborhood and do so without any meaningful public
outreach.

What I am most disappointed about and the main reason for my opposition is because the developer has not kept our
neighborhood and the nearby community apprised since it received the original approval in 2019, has not reached out
to the neighborhood at all, and has not spoken with our neighborhood about this proposed change. The only contact
that I have received on this development in the past three (3) years is the letter I received today in my mailbox stating
that the developer wishes to completely change the development for the worse and walk away from the increased
walkability, access to public spaces, and connectivity that we were promised in 2019. The short letter I received in the
mail does not adequately detail the proposed modifications and the lack of public engagement by the developer this
time around this has left us with frustrations and concerns.

For such a significant development and such a significant and deleterious proposed modification, it is reasonable to
expect that the developer will engage with our community to, at a minimum, have a meeting to explain these proposed
modifications to the stipulations that were promised in 2019.

For these reasons, I ask that you VOTE NO on Application no. PHO-1-23-Z-9-19.

Sincerely,

Ed Hermes
President, Carnation Association of Neighbors
480-452-2062





Page 591
John Roanhorse

From: Jeremy Thacker
Sent: Tuesday, July 25, 2023 12:50 PM
To: Ed Hermes
Cc: CarnationAssociationAZ; Christian Solorio; Council District 4; PDD Encanto VPC; Joel
Carrasco; Joshua Bednarek; Kenny W; Kristin Lisson; Nick Klimek; Russ Yaw;
tseely@arizonarepublic.com; Stacey Champion; John Roanhorse; kathryn
northcentralnews.net; zoning.mailbox@phoenix.gov
Subject: Re: Neighborhood Opposition to Application No: PHO-1-23–Z-9-19 (Application to
modify stipulations)


Ed,

WOW! This email may be the epitome of lack of self-awareness!

In June, you and the CAN Board supported an inferior project, Petree, directly across the street from the Central Park.*
Within 2 months of Petree being approved by you and CAN board, the Central Park files to remove retail and
commercial elements and increase residential density. Coincidence? I think not!

The Central Park made the changes based on the precedent approved by YOU and CAN board! The changes you oppose
are being made because of you! As further proof, Eric Kenney at Petree told me that the Pivotal Group, the Central
Park, contacted him about changes to the Central Park. The Central Park was waiting on Petree’s approval, which you
gave them, to submit these changes.

Let’s compare the developments. Both developments have 1,500 residential units on roughly the same acreage but
Petree only has 20K sq ft of retail compared to 90K at the Central Park. In addition, the Central Park offers 250K of
commercial space and condos for purchase whereas Petree has none. Additionally, the Central Park has substantially
more open space, and smaller and more parcels. Yet, you supported Petree but now oppose the Central Park.

What’s the difference? Maybe the Central Park should offer to put a park and culdesac in front of the 3 CAN board
members houses…wait, Petree already did that. Would you prefer suitcases of $ this time instead? Unbelievable!

My favorite part is that you’re upset that Pivotal has not communicated with the neighborhood. I guess you prefer
Petree’s communication methods so that the CAN board members can have several private meetings with the developer
to voice your personal subjective concerns before involving the rest of the neighbors. Have you no shame!?

I do not support the changes being made at the Central Park either so my email should not be misconstrued as support. I
just think the individuals who enabled these proposed changes shouldn’t be clutching pearls when those inevitable and
predicted changes take place. Despite all of the horrible changes proposed for the Central Park, it is still 5x better a
project than Petree.

*You videoed your speech in support of Petree at the EVPC for your upcoming CC campaign. Also, you just posted a
video on Carnation’s Facebook page of support and exuberance regarding Petree.

Disgusted and ashamed,
Jeremy Thacker

On Tue, Jul 25, 2023 at 6:30 AM Ed Hermes wrote:



Page 592
Good Evening,

I am writing with regard to application no. PHO-1-23-Z-9-19 regarding the 17.7 acre lot on the northeast corner of
Indian School and Central (the “Application”). As President of the Carnation Association of Neighbors (“CAN”) - the
nearest neighborhood association - I just received notice that the developer is requesting to eliminate the beneficial
stipulations that the City approved in 2019. I am writing to ask you to oppose and VOTE NO on the Application because
it would eliminate important protections and benefits for the public that were stipulated to in 2019, such as eliminating
the public pedestrian plaza, eliminating the linear view corridor, eliminating public pedestrian accessways, eliminate
public open spaces, and other deleterious modifications. In 2019, when the developer approached us about this
development, CAN supported the development in large part because of these stipulations. These proposed
modification to the stipulations would walk back all of those promises made to the neighborhood and do so without
any meaningful public outreach.

What I am most disappointed about and the main reason for my opposition is because the developer has not kept our
neighborhood and the nearby community apprised since it received the original approval in 2019, has not reached out
to the neighborhood at all, and has not spoken with our neighborhood about this proposed change. The only contact
that I have received on this development in the past three (3) years is the letter I received today in my mailbox stating
that the developer wishes to completely change the development for the worse and walk away from the increased
walkability, access to public spaces, and connectivity that we were promised in 2019. The short letter I received in the
mail does not adequately detail the proposed modifications and the lack of public engagement by the developer this
time around this has left us with frustrations and concerns.

For such a significant development and such a significant and deleterious proposed modification, it is reasonable to
expect that the developer will engage with our community to, at a minimum, have a meeting to explain these proposed
modifications to the stipulations that were promised in 2019.

For these reasons, I ask that you VOTE NO on Application no. PHO-1-23-Z-9-19.

Sincerely,

Ed Hermes
President, Carnation Association of Neighbors
480-452-2062
--

Inline image

Jeremy Thacker

(480) 410-1923

jeremynthacker@gmail.com

4520 N 2nd Ave, Phoenix, AZ 85013





Page 593
John Roanhorse

From: Cliff Valenti
Sent: Friday, September 8, 2023 2:02 PM
To: PDD Encanto VPC
Cc: CarnationAssociationAZ; Ed Hermes; bgarmen@gmail.com; julia.luscher@gmail.com; Blessings; Ed
Hermes; Council District 4
Subject: PHO-1-23--Z-9-19 - Indian School & Central Avenue Developer Request to Modify and or Drop
Stipulations.

Importance: High


Dear EVPC Members –

Thank you for your service to the community. The role you each play in scru nizing and upholding the communi es
needs and desires regarding development is cri cal to the success of our city. With this in mind, I implore you to oppose
any and all modifica ons to the s pula on requested by Central Park I, LLC.

Considering the significant extent of changes that the revised project entails, I am genuinely shocked that it does not
need to go through the full review process, beginning with the approval of the Encanto Village Planning Commi ee. The
leniency, reduced requirements, and upzoning provided for Transit‐Oriented Development projects are of substan al
benefit developers. However, the community stands to gain tremendous benefits only if the agreed‐upon s pula ons
are honored when a project like this is passed.

Preserving the historic views and breathtaking framing of Piestewa Peak, as outlined in s pula ons 2, 3, and 4, must be
a priority. Moreover, s pula on 5, which addresses access to light rail, is currently more func onal in the exis ng
proposal than in the modifica on sought by Central Park I, LLC. This sen ment was strongly conveyed by the community
during a mee ng on August 21st, where the developers' lawyers were present.

During that same mee ng, one of the a orneys represen ng the developers, Ben Tate, informed me that they had
worked on this plan mul ple mes since 2020 before se ling on the proposed configura on. Astonishingly, throughout
this three‐year period, they failed to reach out to the community even once to seek their feedback or recommenda ons.

S pula ons 6 and 7 play crucial roles in ensuring the successful func on of a large mul ‐purpose zoning project. It is
important to note that this land previously contributed to the overall size of Steele‐Indian School Park. While the
rezoning also plays an important role in providing housing and much‐needed retail, in which Phoenix currently has a
deficiency, the large influx of people in this area necessitates elements that enhance walkability and integrate
surrounding assets, such as the light rail system, into a cohesive pedestrian network.

Furthermore, I would like to draw a en on to the fact that the new configura on allocates almost all of its Central
Avenue frontage to parking garages ‐, neglec ng retail, commercial, or even walk‐out residen al spaces. This also holds
true for the frontage along Indian School Road.

I kindly request your support in priori zing the interests of the community and denying this request. Our city's future
depends on the careful preserva on of the agreed‐upon s pula ons and the overall well‐being of our beloved
community.

Thank you for your a en on and considera on.

Regards,


Page 594
Cliff Valen
Chair, Carna on Associa on of Neighbors Development Commi ee





Page 595
Page 596
Page 597
John Roanhorse

From: Ed Hermes
Sent: Sunday, September 10, 2023 10:05 PM
To: PDD Encanto VPC
Cc: CarnationAssociationAZ; bgarmen@gmail.com; Julia.luscher@gmail.com; Blessings; Council District 4;
John Roanhorse; Pamela Pawlowski; Michael Petersen-Incorvaia
Subject: PHO-1-23--Z-9-19 - Indian School & Central Avenue Developer Request to Modify and Eliminate
Stipulations - Please vote no on item no.




Dear Encanto Village Planning Commi ee:

First, thank you for tabling this agenda item last month and insis ng that the developer meet with the community to
discuss its pending applica on to eliminate certain s pula ons that were put in place when the property was up zoned
in 2019. The mee ng was held on the evening of August 21st at the Steele Indian School Park Memorial Hall. Despite the
short no ce, this mee ng was well a ended by residents who live near the development. The consensus was that the
s pula ons required by the City’s 2019 staff report should con nue as is. Elimina ng the s pula ons would make the
development more car‐centric, less walkable, and less unique for our uptown community.

Therefore, I am asking for you to vote no on the s pula on elimina on, not to stop the site from being developed, but
to ensure that the site is developed consistent with these important s pula ons required and agreed to in 2019. This is
not a new zoning case, and the developer is free to shi the development away from office space to more residen al
units, but should do so in accordance with the s pula ons that it previously agreed to. As stated further below, shi ing
to more residen al units makes these s pula ons even more important to comply with so that residents have a unique,
pedestrian‐centric development to call home.

Preserving the pedestrian paseo and Piestewa Peak Views ‐ S pula ons 2, 3, 4, and 5

As part of the Steele Indian School Park Plan, developers are required to preserve the historic views and breathtaking
framing of Piesta Peak. In 2019 when the developer sought the zoning change to put a large development at this corner,
it agreed to preserve this corridor and presented the community with unique design plans. It was because of this that
our community supported the re‐zone in 2019. Elimina ng these s pula ons would make the development less
walkable as it would significantly narrow the walkway and, much worse, put pedestrians into conflict with cars when
trying to walk from the intersec on to the Park. Elimina ng these s pula ons would eliminate what made this
development so unique in the first place and would pave the way (literally) for this development to look like the mixed‐
use developments in Sco sdale or far north Phoenix. Let’s keep in place the requirements that have been in place for 30
years in the Steele Indian School Park Plan and what made this development so unique for uptown Phoenix by
preserving the pedestrian paseo and Piestewa Peak views.

I take the Light Rail almost every day from the Indian School/Central stop and can tell you first hand that this corner is
special and very busy with pedestrian traffic from not only the Light Rail, but also from residents who live in the
apartments nearby. Having the pedestrian paseo emanate from this important corner is not only unique and pedestrian‐
focused, but it makes good design sense given the ac vity at these corners.

Preserving Public Open Space ‐ S pula ons 6 and 7

The applicant is seeking to reduce its commitment and requirement to have public space on this 17.7 acre lot and is
reques ng a 33.3% reduc on in open space (from 30% down to 20%). This s pula on revision would make the
development objec vely worse and less welcoming to pedestrians. The 30% public space requirements, as it currently


Page 598
exists, could be achieved by making the planned pickle ball court (which the developer currently wants to be private
access only) open to the public, or by making other design choices to priori ze the pedestrian experience and open
space.

Aligning ingress and egress points with the exis ng street network ‐ S pula on 14

S pula on 14 was insisted upon by City Staff in 2019 to ensure a safe, sensible network for both pedestrians and drivers.
I fear that elimina ng this important s pula on will make our roads even less safe. According to City of Phoenix Streets
Department data presented on June 21 to the Vision Zero Street Safety Commi ee, the intersec on of 3rd Street and
Indian School is on of the top ten deadliest intersec on with an average of nine (9) crashes a year that kill or cause
someone a life‐altering injury. This is in addi on to the segment of Indian School between 3rd and 12th street being the
second deadliest segment or road in the City according to City data.

If the roads in this development are not aligned with the exis ng street network, it will mean that cars will not be able to
turn east out of this development toward the SR51 freeway (which will likely cause car traffic to push into our
neighborhood) and, more importantly, it means that there will not be a stop light pedestrian crossing at 2nd and Indian
School for pedestrians to cross this dangerous street at. This will lead to unsafe condi ons for pedestrians and more
people op ng out of biking or walking due to safety concerns. Aligning to the exis ng street network means that there
will likely need to be a light at 2nd Street and Indian School, which will encourage walkability and safe crossings at 2nd
street and Indian School.

Conclusion
The s pula ons were a good idea in 2019. The developer agreed to them then when reques ng the zoning change and
there is no good reason why the developer should not be required to comply with them now. In a post‐pandemic world
where we should all emphasize and value public open space and walkability even more, these s pula ons are more
important now than ever.

I respec ully request that you vote no on elimina ng the current s pula ons so that this development can move
forward as this commi ee originally intended so that we can have the unique development in uptown Phoenix that our
current and future residents deserve.

Sincerely,

Ed Hermes
President, Carna on Associa on of Neighbors
480‐452‐2062





Page 599
Teresa R Garcia

From: Ed Hermes
Sent: Sunday, September 17, 2023 2:33 PM
To: PDD PHO
Cc: carnationassociationaz@gmail.com
Subject: PHO-1-23--Z-9-19 - Indian School & Central Avenue Developer Request to Modify and
Eliminate Stipulations - Opposition


Hello,

My name is Ed Hermes, I am writing to submit comments regarding the developer’s request to be relieved from
important stipulations that were promised and required by the City in 2019. (See the City Staff report from 2019). I am
asking that you retain these stipulations that are currently in place. I apologize for not being able to join you in
September 20 at the hearing, but I have to work during the day and cannot be there.

First, the stipulation to align to the existing road network is very reasonable and needed to ensure safe, efficient traffic
flow and to avoid sending traffic through our neighborhood - the Carnation Neighborhood. This stipulation is more
important than ever given that the site just west of Central (on the old Agave farms) has been rezoned now. We need to
make sure these roads at Glenrosa and 2nd street are aligned. Please do not allow this stipulation to be eliminated.

Similarly, the other stipulations regarding view corridor and open space are also important because they make the
development unique and preserve important corridors that have been in place for 30 years in the Steele Indian School
Park Plan and what made this development so unique for uptown Phoenix.

Also, applicant is seeking to reduce its commitment and requirement to have public space on this 17.7 acre lot and is
requesting a 33.3% reduction in open space (from 30% down to 20%). This stipulation revision would make the
development worse and less welcoming to pedestrians. The 30% public space requirements, as it currently exists, could
be achieved by making the planned pickle ball court (which the developer currently wants to be private access only)
open to the public, or by making other design choices to prioritize the pedestrian experience and open space.

In sum, these stipulations were promises made to the neighborhood, community, and City in exchange for this large
rezone in 2019 and this developer should be held to the promises.

Sincerely,

Ed Hermes
Carnation Association of Neighbors, President
480-452-2062





Page 600
Teresa R Garcia

From: Cliff Valenti
Sent: Monday, September 18, 2023 4:17 PM
To: PDD PHO
Cc: CarnationAssociationAZ
Subject: Opposition to PHO-1-23--Z-9-19, - Central Ave & Indian School


Dear Planning Hearing Officer –

A growing number of people who live within Urban Walkable Code areas are realizing the system in Phoenix is
broken. Development projects are ge ng approved under WU‐Code, without honoring the input they receive from the
communi es they are in, and without providing the elements laid out in Reinvent Phoenix TOD Development Plan. With
this in mind, I implore you to oppose any and all modifica ons to the s pula on requested by Central Park I, LLC.

Considering the significant extent of changes that the revised project entails, I am genuinely shocked that it does not
need to go through the full review process, beginning with the approval of the Encanto Village Planning Commi ee. The
leniency, reduced requirements, and upzoning provided for Transit‐Oriented Development projects are of substan al
benefit developers. However, the community stands to gain tremendous benefits only if the agreed‐upon s pula ons
are honored when a project like this is passed.

Preserving the historic views and breathtaking framing of Piestewa Peak, as outlined in s pula ons 2, 3, and 4, must be
a priority. Moreover, s pula on 5, which addresses access to light rail, is currently more func onal in the exis ng
proposal than in the modifica on sought by Central Park I, LLC. This sen ment was strongly conveyed by the community
during a mee ng on August 21st, where the developers' lawyers were present.

During that same mee ng, one of the a orneys represen ng the developers, Ben Tate, informed me that they had
worked on this plan mul ple mes since 2020 before se ling on the proposed configura on. Astonishingly, throughout
this three‐year period, they failed to reach out to the community even once to seek their feedback or recommenda ons.

S pula ons 6 and 7 play crucial roles in ensuring the successful func on of a large mul ‐purpose zoning project. It is
important to note that this land previously contributed to the overall size of Steele‐Indian School Park. While the
rezoning also plays an important role in providing housing and much‐needed retail, in which Phoenix currently has a
deficiency, the large influx of people in this area necessitates elements that enhance walkability and integrate
surrounding assets, such as the light rail system, into a cohesive pedestrian network.

Furthermore, I would like to draw a en on to the fact that the new configura on allocates almost all of its Central
Avenue frontage to parking garages ‐ neglec ng retail, commercial, or even walk‐out residen al units. This also holds
true for the frontage along Indian School Road.

I kindly request your support in priori zing the interests of the community and denying this request. Our city's future
depends on the careful preserva on of the agreed‐upon s pula ons and the overall well‐being of our beloved
community.

Thank you for your a en on and considera on.

Regards,
Cliff Valen
Chair, Carna on Associa on of Neighbors Development Commi ee



Page 601
Teresa R Garcia

From: Dave Brian Jenkins
Sent: Monday, September 18, 2023 8:21 PM
To: PDD PHO; 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
Subject: PHO-1-23--Z-9-19 Central Park Stipulations


To Phoenix Hearing Officer, City of Phoenix Mayor, and City Phoenix Council Members,

Please vote no. It is the right thing to do. It is not about comparing this project to other projects. That ship passed long
ago. The developer had offered us a very unique building design. It fits in with the Melrose spirit and community. They
want to change it to a cookie cutter design, a track house design to speak, that is seen around the country over and over
again. The original design has a very walkable Urban Design for today and tomorrow. They now want to reduce Urban
walkability. Yes, it might barely meet today's standards for urban walkability. Reducing the walkability is a poor choice.
More importantly, the developer wants to violate the spirit of Phoenix's Urban walkability goals. World events do not
affect our little corner of the world and reduce retail and office space. Phoenix has grown to over 5 million residents and
is one of the fastest‐growing cities in the nation. Retail and Office Space are needed for the fast‐growing Phoenix
population. We need your support to help keep our community unique and to make it a destination. A destination for
people to come to enjoy and support our local unique businesses. Melrose and the surrounding neighborhood
communities are on a roll to show the world what community success looks like. Please help us in our goals and help
save our neighborhoods. Please vote no and require the developer to fulfill his previous commitments. We can keep
Melrose and the surrounding neighborhoods strong unique and growing. A destination. Thank you.

Sincerely, Dave Brian Jenkins





Page 602
Teresa R Garcia

From: nick kay
Sent: Tuesday, September 19, 2023 2:02 PM
To: PDD PHO
Cc: Carnation Association of Neighbors
Subject: PHO-1-23--Z-9-19 - Indian School & Central Avenue Developer Request to Modify and
Eliminate Stipulations - Opposition


Hi, I'm Nick Kovacovich long time Carnation resident and concerned witness. My apologies, I wasn't aware of the 48 hour
submission requirement.

I am writing in opposition to this request to alter stipulations defined and approved in 2019 for the central park
development. There may be some alterations in order, but this developer (pivotal) is attempting to pull a fast one and
scratch hard-won stipulations from this development without adequate review or balance.

1st- Pivotal held off until the very last minute in notifying the Carnation neighborhood of this request,

2nd- They severely limited any opportunity for neighborhood feedback by withholding the day, time and location of the
neighborhood's opportunity to learn about their request. Upon fierce and unanimous resistance to the changes at the
Encanto Village Planning Presentation, these guys agreed to discuss with the neighborhood within 30 days and return to
EVPC for consideration. They sat on the date and time of that public meeting with the neighborhood until a few days
before it was to occur. The actual location was not provided until the very day of the meeting, and only 3 hours prior.

3rd- The developer left out obviously necessary items as low hanging fruit for the neighborhood to call out, and now
pretends they are boons that they deign bequeath to the peasants. Frontage to central or Indian School was not a
significant part of the original design, of course it would be applicable here. Would the commercial investors not have
required frontage on central regardless of our opinion?

Pivotal is colluding with Petree to bait-and-switch the Steele Indian School general plan. They have taken a page out the
book that got Z-17-22-4 approved for Petree at Glenrosa and central... they imply to city leadership and the
community that there is some kind of negotiation occuring and that the neighborhood has some input, when in
fact they are omitting critical design elements that we are forced to point out and then own as gifts.

please ensure that these stipulations are considered thoroughly and that there is some appropriate balance
for any element that are removed from the original, approved plan.

Thank you for your consideration.





Page 603
Teresa R Garcia

From: Ryan Boyd
Sent: Tuesday, September 19, 2023 9:39 PM
To: PDD PHO
Subject: UPP Concerns with PHO-1-23--Z-9-19



Good evening Planning Hearing Officer team,

I'm writing to you to express the Urban Phoenix Project's concerns with PHO-1-23—Z-9- 19 coming before
you as item #2 on the agenda.

While we understand that market conditions change and that the original Z-9-19 was not perfect, we
have considerable concerns about the proposal in this PHO case meeting the goals and intents of the
Uptown TOD Plan. As a PHO case, we believe this case inherently must be compared with what was
originally approved as the applicant is asking for modification of stipulations rather than a plain rezoning
which would be a more legislative process.

Z-9-19 envisioned high intensity uses and an extensive pedestrian pathway throughout the project.
Proponents claim that a view on a street across the east-west is an adequate substitute, however in
reality the entire site is reconfigured to center around automobile traffic like many of its peer
developments.

Proponents claim that a market on said street also is a marked improvement to the site. This is plausible,
but site plans currently do not show this market engaging with Central Avenue which means the site
remains inward and autocentric. We also fail to see commitments to activations besides a singular cafe
on the southwest corner of the site, nor have we been able yet to find mitigating factors in access from
the buildings onto the streets, suggesting that there will be quite massive dead spaces on the site.

Combined with what we seem to be a large number of parking spaces, we're concerned that the project
as proposed is skirting its walkable promises from 2019 and replacing them with inadequate mitigating
aspects. This is not to say that the project is beyond saving, but as proposed it fails to live up to the
standards that should merit relief via a PHO case until the spirit of the original stipulations attached to
the rezoning are honored.

Please feel free to reach out if you have any questions or requests of us.

Thank you for your time,
Ryan Boyd
Mobile: 602-799-4478
President, Urban Phoenix Project Foundation [urbanphoenixproject.org]
Treasurer, Urban Phoenix Project Network
To help protect y our priv acy , Microsoft O ffice prev ented automatic download of this picture from the
Internet.





Page 604
Teresa R Garcia

From: Kenny W
Sent: Wednesday, September 20, 2023 9:17 AM
To: PDD PHO; Joshua Bednarek
Subject: PHO Item #2 re The Central Park




pdd_pz_pdf_00099
PDF Document ꞏ 7.8 MB


I'm writing to oppose TCP's stipulation changes as currently proposed and highlight the Phoenix Indian School Park
Specific Plan's repeal that is now logically nullified with the bait and switch to this new plan. Look no further than the
third Whereas of the repeal ordinance. Also the Land Use Plan starting on page 40 of the Park's visionary Specific Plan
are not being followed. It all quite obvious now why The Central Park developer started with its 2019 “Plan 1.0”, so they
could present the case they were following the park's Specific Plan, thus could make the case for its repeal … but this
bait & switch to Plan 2.0 violates the visionary guidelines the Phoenix Indian School Park Specific Plan put in
place. Please reject this tactic. This TCP PHO case should be sent FIRST to the Phoenix Parks & Rec Department, then the
the Parks & Rec Board before further consideration. Clearly.

Plus … this current plan loses all synergy and integration of its Walkable Urban Lifestyle infrastructure with the park! It’s
as if this 2.0 plan walls itself off from the park, which goes against the very roots of the Park Specific Plan's intent. Please
be bold and send this to Parks for INITIAL consideration where it belongs. Phoenix deserves BETTER.

Sincerely

Ken Waters

Sent from my iPad





Page 605
ATTACHMENT C

REPORT OF PLANNING COMMISSION ACTION
December 7, 2023

ITEM NO: 14
DISTRICT NO.: 4
SUBJECT:

Application #: PHO-1-23--Z-9-19-4
Location: Northeast corner of Central Avenue and Indian School Road
Request: 1) Request to modify Stipulation 2 regarding public pedestrian plaza.
2) Request to modify Stipulation 3 regarding a linear view corridor.
3) Request to delete Stipulation 4 regarding public pedestrian
accessways.
4) Request to modify Stipulation 5 regarding public primary pedestrian
accessway.
5) Request to modify Stipulation 6 regarding public open space.
6) Request to modify Stipulation 7 regarding three public open space
areas.
7) Request to delete Stipulation 14 regarding alignment of ingress and
egress points with the existing street network.
Acreage: 17.82
Applicant: Jason Morris, Withey Morris Baugh, PLC
Owner: Julia Najafi, Central Park I, LLC
Representative: Jason Morris, Withey Morris Baugh, PLC

ACTIONS:

Village Planning Committee (VPC) Recommendation:
Encanto 8/7/2023 Continued. Vote: 17-0.
Encanto 9/11/2023 Approval. Vote: 9-4.

Planning Hearing Officer Recommendation: The Planning Hearing Officer heard the request on
September 20, 2023 and continued the case to October 18, 2023. The Planning Hearing Officer
heard the request on October 18, 2023 and recommended denial as filed, approval with
modifications and additional stipulations.

Staff Recommendation: Approval, per the Planning Hearing Officer recommendation.

Planning Commission Recommendation: Approval, per the Planning Hearing Officer
recommendation.

Motion Discussion: N/A

Motion details: Commissioner Jaramillo made a MOTION to approve PHO-1-23--Z-9-19-4, per
the Planning Hearing Officer recommendation.

Maker: Jaramillo
Second: Acting Vice-Chairperson Mangum
Vote: 5-0
Absent: Gaynor and Gorraiz
Opposition Present: Yes




Page 606
Findings:

1. The request for modification of Stipulation 2 is approved. Redesign of buildings
facilitated this request and the slight reduction of the corner.

2. The request for modification of Stipulation 3 is approved. The redesign of the site,
which has been vetted by the VPC and the City Long Range Planning Section,
facilitates the modification of the stipulation. The updated design is more consistent
with the intent of the Uptown TOD Plan, which was adopted to facilitate a more
walkable, bikeable urban environment. In the context of this site, the updated plan
promotes the flow of people between the Metro Light Rail, the arterial streets, the
development, and Steele Indian School Park in a more logical, convenient, and
efficient manner. In addition, new language, that was proposed by City Staff, was
added to further specify access between the park and the development.

3. Request for the deletion of Stipulation 4 is approved. Because of the redesign and
subsequent elimination of the view corridor in favor of the pedestrian corridor, this
stipulation is no longer necessary.

4. The request to modify Stipulation 5 is approved. The reconfiguration of the pedestrian
and vehicular circulation system necessitates a significant revision to this stipulation –
one that was formulated with the input of the VPC ultimately being modified after the
initial hearing with the VPC. The changes/modifications clarify the new design and
implement the changes that were agreed upon during the latest VPC hearing.

The design change supports a better pedestrian and vehicular access to and through
the development by providing a major east/west throughfare that bisects the site and
creates an unobstructed view corridor between Central Avenue and Steele Indian
School Park. Individuals standing on the Central Avenue Metro Light Rail platform will
be able to look directly through the project to Steele Indian School Park, providing a
visual indication of pedestrian accessibility through the development and into the park
– a feature that did not exist in the previous conceptual plan with the diagonal view
corridor.

5. The request to modify Stipulation 6 is approved. The smaller “block” design
necessitates less overall public open space but also opens up the space to the public
with better access points.

6. The request to modify Stipulation 7 is approved. The design does not allow for the
orientation of the open space areas in this way.

7. The request for the deletion of Stipulation 14 is denied. The intent of the stipulation is
to ensure any proposed access point to this property on Indian School Road aligns
with existing driveways on the south side of the road to mitigate undesired and unsafe
turning conflicts in line with the adopted complete streets ordinance and to mitigate
ped/bike and vehicle conflicts. Although the applicant shows a proposed driveway in
the generally correct location, this stipulation must remain to ensure it remains as
indicated.

8. A stipulation was added to further specify how to align the intersection that is currently
offset. The developer will be required to submit a geometric design, tapers and
dedications to align the west leg of the intersection to operate under a non-split phase
signal. The property at the northwest corner of Central and Glenrosa had been
stipulated to the same requirement, this stipulation will complete the intersection
improvements. This is addressed in new Stipulation 14.

Page 607
9. The applicant did not submit a Proposition 207 waiver of claims prior to the Planning
Hearing Officer hearing. Submittal of this form is an application requirement. An
additional stipulation is recommended to require the applicant to record this form and
deliver it to the City to be included in the rezoning application file for record.

Stipulations:

1. The maximum building height shall be limited to 400 feet.

2. A minimum 0.75 1 gross acre public pedestrian plaza/public open space area shall be
provided at the intersection of Central Avenue and Indian School Road.

3. A PEDSTRIAN linear view corridor that is A an average of 85 feet in width, minimum
40 60 feet in width, measured at the ground level and between buildings shall be
provided from the southwest corner of the site to A CENTRALIZED OPEN SPACE
PLAZA the northeast corner of the site and begin with the pedestrian plaza. THE
DEVELOPER SHALL WORK WITH THE PLANNING AND DEVELOPMENT
DEPARTMENT AND PARKS AND RECREATION DEPARTMENT TO ESTABLISH
THREE (3) PEDESTRIAN ACCESS POINTS BETWEEN THE INTERIOR OF THE
SUBJECT SITE AND STEELE INDIAN SCHOOL PARK (THE “PARK”), SUBJECT TO
LEGAL ACCESS TO THE PARK BEING PROVIDED BY THE CITY OF PHOENIX AT
ITS SOLE DISCRETION. ONE (1) ACCESS POINT IS DESIRED OUTSIDE OF THE
PARK GATES AT FARRINGTON DRIVE AND TWO (2) ARE DESIRED ALONG THE
NORTHEAST AND EAST SHARED PROPERTY LINES.
The view corridor shall focus on the historic cafeteria tower and on the mountain
views (Piestewa Peak) and be in general conformance with the Uptown TOD
conceptual Master Plan, as approved by the Planning and Development Department

4. A minimum 26-foot-wide primary and a minimum 10-foot-wide secondary public
pedestrian accessway shall be located within the view corridor and shall be
constructed of a decorative material, as approved by the Planning and Development
Department. The public accessway shall be provided at the southwest corner of the
site and extend to the northeast end of the site.

4. THE DEVELOPMENT SHALL PROVIDE AN EAST/WEST-ORIENTED PEDESTRIAN
5. AND VEHICULAR THROUGHFARE ACCESSED FROM CENTRAL AVENUE AND
ALLOWING PEDESTRIAN CONNECTIVITY FROM THE CENTRAL AVENUE LIGHT
RAIL STATION, THROUGH THE DEVELOPMENT, TO THE BOUNDARY OF
STEELE INDIAN SCHOOL PARK. THE THOROUGHFARE SHALL INCLUDE THE
FOLLOWING ELEMENTS:
A minimum 26-foot-wide public pedestrian accessway shall be provided from the
public primary pedestrian accessway within the view corridor and connecting to the
light rail pedestrian crossing along the western property line, and shall be constructed
with decorative material, as approved by the Planning and Development Department.

A. DETACHED SIDEWALK WITH LANDSCAPE STRIP ADJACENT TO
BUILDINGS “D” AND “F” AS INDICATED ON SITE PLAN.

B. ONE (1) MINIMUM 5-FOOT-WIDE BIKE LANE

C. PEDESTRIAN SAFETY INFRASTRUCTURE AT ROADWAY AND DRIVEWAY
CROSSINGS, WHICH MAY INCLUDE (BUT NOT LIMITED TO) TRUNCATED
DOMES, LIGHTED CROSSWALKS, RAISED CROSSWALKS, OR OTHER
FEATURES AS APPROVED BY THE PLANNING AND DEVELOPMENT

Page 608
DEPARTMENT.

D. SEATING AREAS AND SHADE TREES AS APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

5. The development shall provide a minimum 20 30 percent public open space on the
6. site, excluding perimeter setbacks, as approved by the Planning and Development
Department.

6. The development shall include a minimum of three distinct public open space areas, a
7. minimum of 20,000 square feet in size and shall be oriented to capture the view of the
historic cafeteria tower and the mountain views (Piestewa Peak). Each open space
area shall follow the guidelines established in Section 1310 of the Phoenix Zoning
Ordinance, as approved by the Planning and Development Department. All open
space areas shall provide seating and be open to the public.

7. All pedestrian crossings, including but not limited to the stipulated public pedestrian
8. accessways, constructed across driveways, shall be raised and shall consist of
decorative pavers, stamped or colored concrete, or another material, other than those
used to pave the parking surfaces and drive aisles, as approved by the Planning and
Development Department.

8. One of the following streetscape treatments shall be provided along Indian School
9. Road:

a. A minimum 15-foot-wide uninterrupted public pedestrian accessway located
behind the back of a minimum 10-foot wide detached landscape strip. The
landscape strip may taper to allow for an appropriate transition into the one-
gross acre open space area at the intersection of Central Avenue and Indian
School Road. The accessway shall connect to the 1 gross acre open space
area and shall provide the following amenities or similar features, as approved
by the Planning and Development Department:

1) Minimum four gathering areas with seating.

2) Minimum four landscape planters.

3) Decorative pavement.

4) Art elements.

5) Decorative bollard lighting along the entire frontage.

b. A minimum 6-foot-wide detached sidewalk and a landscape strip along Indian
School Road for the length of the project site. The landscape strip, to be
located between the sidewalk and the back of curb, shall begin at a minimum
of ,30 feet in width at the eastern property line and may taper to a minimum of
15 feet in width, as approved by the Planning and Development Department.
The landscape strip shall include a minimum of 2-inch caliper shade trees
planted a minimum of 20 feet on center or in equivalent groupings between the
existing palm trees, as approved by the Planning and Development
Department.

9. Bicycle parking shall be provided as follows:

Page 609
10.

a. All required bicycle parking for multifamily use, per Section 1307.H.6.d of the
Phoenix Zoning Ordinance, shall be secured parking.

b. 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 1307.H of the
Phoenix Zoning Ordinance.

c. A minimum of 10% of the required bicycle parking for nonresidential uses shall
be secured.

10. The developer shall submit a Traffic Impact Study/Statement to the City for this
11. development. No preliminary approval of plans shall be granted until the study has
been reviewed and approved by the City upon satisfactory resolutions of review
comments by the City staff, as approved by the Street Transportation Department and
the Planning and Development Department.

11. The development shall provide an internal vehicular and pedestrian circulation plan to
12. address ingress and egress to and from the site, vehicle loading, pick up and drop off
locations, pedestrian connections to existing light rail station and proposed mitigation
to potential vehicle / pedestrian conflict points internal and external to the site. No
preliminary approval of plans shall be granted until the internal vehicular and
pedestrian circulation plan has been reviewed and approved by the Street
Transportation and Planning and Development departments.

12. The development shall underground the existing overhead utility lines adjacent to
13. Indian School Road for the entirety of its frontage, as approved by the Planning and
Development Department.

13. Proposed site ingress and egress points to align with existing street network locations,
14. as approved by the Planning and Development Department.

14. DEDICATE SUFFICIENT RIGHT-OF-WAY AND CONSTRUCT THE SOUTH SIDE OF
FARRINGTON DRIVE TO ACCOMMODATE REALIGNMENT WITH THE WEST LEG
OF GLENROSA AVENUE AND CORRESPONDING SIGNAL MODIFICATIONS, AS
REQUIRED BY THE STREET TRANSPORTATION DEPARTMENT. THE
DEVELOPER SHALL BE RESPONSIBLE FOR ALL COST AND CONSTRUCTION
OF IMPROVEMENTS.

15. The Central Avenue frontage shall comply with the Central Avenue Development
Standards.

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 to Prospective Purchasers of Proximity to Airport
in order to disclose the existence and operational characteristics of Phoenix Sky
Harbor International Airport to future owners or tenants of the property.

18. 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

Page 610
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.

19. Prior to preliminary site plan approval, a report prepared by a qualified professional
archaeologist determining the history of past uses of the property shall be submitted to
the City Archaeology Office for review and comment. The report shall include
compliance with ARS 41-865 (Arizona Burial Law). Results of the plan shall include a
recommendation for further archaeologist testing or additional monitoring if
recommended.

20. 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.

21. 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.

22. 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.

23. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER SHALL
EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM APPROVED BY
THE CITY ATTORNEY'S OFFICE. THE WAIVER SHALL BE RECORDED WITH
THE MARICOPA COUNTY RECORDER'S OFFICE AND DELIVERED TO THE CITY
TO BE INCLUDED IN THE REZONING APPLICATION FILE FOR RECORD.

This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.




Page 611



Report

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Item text
Consideration of a Citizen Petition Related to the Procedures for Citizen
Petitions

This report responds to a citizen petition submitted by Jeremy Thacker at the Dec. 6,
2023 City Council Formal meeting regarding the citizen petition process (Attachment
A). This petition is substantially similar to the petition submitted by Mr. Thacker at the
Formal Council meeting on March 2, 2022 and heard by the Transportation,
Infrastructure, and Planning Subcommittee on April 20, 2022.

Summary
The submitted petition contained six requested action items:

1. Clarify the City's current process for handling citizen petitions.
2. Clarify the specific requirements to qualify as a citizen petition.
3. Can a petition be disqualified for any of the following?:
a. Lack of jurisdiction
b. Request illegal or unconstitutional action
c. Existing process for the request exists
4. Decide whether the instances described above were violations of the Charter.
5. Decide whether the instances described above were violations of the Open Meeting
Laws.
6. If violations have occurred, what remedy is available to those who [are] damaged by
the violations?
7. If violations have occurred, what are the consequences for those responsible for the
violations?

Action items #1 - #3 qualify as citizen petitions. The requested clarification on the
City's current process for handling citizen petitions and the specific requirements to
qualify as a citizen petition can be posted online at the direction of the City Council.
The City has an internal process, but the legal review is not documented or available
as a public record. A review for disqualification evaluates the specific request and
whether the request is within the jurisdiction of the City Council. If the requested action
is clearly unlawful or unconstitutional, such petitions may be legitimately disqualified
from consideration.



Page 612

The remaining action items, #4 - #7, do not qualify as actions that the City Council can
take in a public meeting; determining violations of the City Charter and Arizona's Open
Meeting Law are not within the purview of City Council determination and depend on
the specific facts or circumstances of a case.

Recommendation
Staff recommends the City Council authorize the process for handling citizen petitions
and the specific requirements to qualify as a citizen petition be posted online.

Responsible Department
This item is submitted by the City Manager’s Office and the Law Department.




Page 613
ATTACHMENT A




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91 item(s)