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Public Hearing and Ordinance Adoption - Rezoning Application Z-TA-7-19-8 -
Amend Downtown Code Density Map, Buffer Alley Map and Townsend Park
Character Area Development Standards (Ordinance G-6891)

Request for a public hearing for a proposed text amendment to the Zoning Ordinance,
Text Amendment Z-TA-7-19-8, amending Chapter 12, Section 1202.D. (Regulating
Maps, Density Map) to amend the density provisions for a site located approximately
160 feet south of the southeast corner of 3rd Street and McDowell Road; amending
Section 1202.F. (Regulating Maps, Buffer Alley Map) to remove the buffer alleys in an
area generally bounded by 3rd and 5th streets, Willetta Street and McDowell Road;
and amending Section 1220 (Townsend Park) to allow a height bonus.

Summary
The intent of this proposed text amendment is to amend Chapter 12, Section 1202.D.
(Regulating Maps, Density Map) to increase the allowable density from a maximum of
43.5 dwelling units per acre to 125 dwelling units per acre for a site located
approximately 160 feet south of the southeast corner of 3rd Street and McDowell
Road; amend Section 1202.F. (Regulating Maps, Buffer Alley Map) to remove the
buffer alley designation in an area general bounded by 3rd and 5th streets, Willetta
Street and McDowell Road; and amend Section 1220 (Townsend Park) to allow a
height bonus up to 30 percent using the sustainability bonus.

Concurrence/Previous Council Action
Staff Recommendation: Approval, as shown in the recommended text in Exhibit A of
the Staff Report (Attachment B).
VPC Info: The Central City Village Planning Committee heard this case for information
only on March 9, 2020 (Attachment C).
DSC Action: The Design Standards Committee heard this case and recommend
approval, per the staff recommendation with a modification to the density provisions to
allow a maximum of 89 dwelling units per acre of this item on April 14, 2020 by a vote
of 4-0 (Attachment D).
VPC Action: The Central City Village Planning Committee heard this case on July 12,
2021 and recommend approval, per the staff recommendation by a vote of 10-1
(Attachment E).
PC Action: The Planning Commission heard this case on Aug. 5, 2021 and

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recommended approval, per the Central City Village Planning Committee
recommendation by a vote of 7-0 (Attachment F).

Location
Approximately 160 feet south of the southeast corner of 3rd Street and McDowell
Road.
Council District: 8
Parcel Addresses: 1411, 1419 and 1427 N. 3rd St.

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

Page 308
ATTACHMENT A

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

ORDINANCE G-

AN ORDINANCE AMENDING A PORTION OF THE CODE
OF THE CITY OF PHOENIX, ARIZONA, PART II,
CHAPTER 41, THE ZONING ORDINANCE OF THE CITY
OF PHOENIX BY AMENDING CHAPTER 12, SECTION
1202.D. (REGULATING MAPS, DENSITY MAP) TO
AMEND DENSITY PROVISIONS, SECTION 1202.F.
(REGULATING MAPS, BUFFER ALLEY MAP) TO
REMOVE BUFFER ALLEYS AND SECTION 1220.B.
(TOWNSEND PARK, DEVELOPMENT STANDARDS) TO
ADD A HEIGHT BONUS.

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

follows:

That Chapter 12, Section 1202.D. (Regulating Maps, Maximum Density) is

amended to increase the density of a site located approximately 160 feet south of the

southeast corner of 3rd Street and McDowell Road from 43.5 maximum dwelling units

per acre to 125, by removing the old map and inserting the new map as follows:

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D. The density for any parcel in the Downtown Area shall not exceed the following
unless a density bonus is allowed by the Character Area and approved by the
Planning and Development Department staff or an appeal is approved by the
Design Review Committee (DRC) pursuant to Section 1223 requirements:

***

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SECTION 2: That Chapter 12, Section 1202.F. (Regulating Maps, Buffer

Alleys) is amended to remove the buffer alley designation in an area generally bounded

by 3rd Street to 5th Street, and Willetta Street to McDowell Road, by removing the old

map and inserting the new map as follows:

F. This map designates Buffer Alleys for which abutting property owners must conform
to the standards and guidelines outlined in Sections 1207.O and P:

Page 311
***

SECTION 3: That Chapter 12, Section 1220. (Townsend Park) is amended

to add a height bonus as follows:

***
B. Development Standards.
1. Maximum height.
a. Main building: Governed by the height map, Section 1202.C.
(1) Height bonus: None. MAXIMUM 30% INCREASE.

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***

PASSED by the Council of the City of Phoenix this 8th day of September, 2021.

________________________________
MAYOR

ATTEST:

_________________________
Denise Archibald, City Clerk

APPROVED AS TO FORM:
Cris Meyer, City Attorney

By:
_________________________
_________________________

REVIEWED BY:

_________________________
Ed Zuercher City Manager

Page 313
Attachment B

Staff Report
Zoning Ordinance Text Amendment
Z-TA-7-19-8
April 9, 2020

Application No. Z-TA-7-19-8: Amend Section 1202 (Regulating Maps) of the Phoenix
Zoning Ordinance to replace the Downtown Code maps to amend density provisions
and buffer alleys in an area generally bounded by 3rd Street to 5th Street, and Willetta
Street to McDowell Road and amend Section 1220 (Townsend Park) to allow for a
height bonus.
Staff Recommendation: Staff recommends approval of Z-TA-7-19-8 as shown in the
recommended text in Exhibit A.

Background Figure A: Character Areas
This request is to amend the allowable density to 125
dwelling units per acre on the site, remove two buffer Subject Site
alley designations adjacent to the site and allow for a
height increase of up to 30 percent in the Townsend
Park Character Area using the sustainability bonus
provisions listed in Section 1223 of the Zoning
Ordinance. The proposed development is located
approximately 160 feet south of the southeast corner of
3rd Street and McDowell Road in the Townsend Park
Character Area. The Townsend Park Character Area is
primarily intended to transition between the McDowell Source: City of Phoenix Planning and
Development Department
Corridor Character Area to the north, the Downtown
Figure B: Site Context
Gateway Character Area to the west, and the East
Evergreen Character Area to the east. The vision of the
Townsend Park Character Area is to connect adjacent
areas by incorporating mixed-use/mid-rise
developments with a focus on office and cultural
facilities. The Townsend Park Character Area is near
the light rail corridor and the City’s largest public library.
The buildings on the site are currently used as offices
and previously housed single and multifamily
Source: City of Phoenix Planning and
residences.
Development Department

Page 314
Staff Report Z-TA-7-19-8
April 9, 2020
Page 2

The current regulating maps of Figure C: Height and Density Designations
the Downtown Code permit a
maximum density of 43.5
dwelling units per acre and a
maximum height of 65 feet on
the proposed development site.
The current maximum density
and height was determined by
the previous zoning, R-5 RI
(Multifamily Residence District,
Residential Infill District), prior to
the adoption of the Downtown
Code in 2010. One buffer alley
runs along the north side of the
proposed development and the
other runs in between the two Source: City of Phoenix Planning and Development
parcels on the site from 3rd Department
Street to 5th Street, connecting to the adjacent East Evergreen Historic District. Buffer
alleys are intended to mitigate impacts on single-family residences from more intense
uses by requiring additional setback, screening and lighting requirements.
To the west, across 3rd Street, is the Arizona School for the Arts. The Downtown Code
designates 125 dwelling units per acre and 90 feet in height allowed on the site. To the
north is a Taco Bell fast food restaurant with allowable density of 14.5 dwelling units per
acre and 30 feet of allowable height. To the east are two low-rise multifamily
developments and a single-family residence used as an office. One of the multifamily
developments and the single-family home are part of the East Evergreen Historic
District. The allowable density is 43.5 dwelling units per acre and the allowable height to
the east is 65 feet. To the south is a two to three-story multifamily development with 65
feet of allowable height and 43.5 dwelling units per acre in allowable density.

Page 315
Staff Report Z-TA-7-19-8
April 9, 2020
Page 3

Background: Urban Form Project and the Downtown Code
Figure D: Downtown Phoenix Plan
The Downtown Urban Form Project was initiated Character Area
in 2006. The Downtown Phoenix Plan is a
product of the Downtown Phoenix Urban Form
Project and was prepared to provide direction for
implementation of the community vision for an
active, pedestrian-oriented and sustainable
Downtown. The Downtown Phoenix Plan was
adopted by City Council in 2008 and served as a
precursor to the Downtown Code, adopted in
2010, which is now Chapter 12 of the Zoning
Ordinance.
The vision for how the Townsend Park Source: City of Phoenix Planning and
Development Department
Character area will develop as listed in the
Downtown Phoenix Plan is that “The Townsend Park Character Area will be
predominantly a residential neighborhood incorporating a historic district and a new
mixed-use/mid-rise area” (pg. 3-25) and lists three policies that address specific issues
or opportunities unique to the planning area. The three polices for the Townsend Park
Character Area are:
Policy 3-21: Develop height transition strategies to protect and enhance the
quality of East Evergreen Historic District
Policy 3-22: Increase building height west of 3rd Street to provide a transition
between the Light Rail Corridor and the historic district of East Evergreen
Policy 3-23: New development should maintain the existing streetscape patterns
to preserve the character of the area.
Background: Transit Oriented Development Strategic Policy Framework

The Transit Oriented Development Strategic Policy Framework, originally adopted in
2013, identifies policies and place types that are designed to shape walkable and
mixed-use environments and focus redevelopment within a half-mile of high capacity
transit stations. The site is located a quarter mile from the McDowell Road and Central
Avenue light rail station. The identified environment for the McDowell Road and Central
Avenue light rail station area is Major Urban Center. Major Urban Center is a place type
characterized by medium to high intensity with building heights typically from four to
eight stories, with incentive heights of up to fifteen stories.

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Staff Report Z-TA-7-19-8
April 9, 2020
Page 4

Figure E: TOD Strategic Policy Framework Place Type

Source: City of Phoenix Planning and Development Department

Staff Analysis
Density
The proposal to increase the allowable density to 125 dwelling units per acre is
consistent and sensitive to the nature of the Townsend Park Character Area. The
majority of the properties within the Townsend Park Character Area are allowed a
density of 125 dwelling units per acre. The proposal to increase the allowable density is
consistent with the density designation to the west of the proposed development, across
3rd Street, and is consistent with the transitional nature of the Character Area from the
higher density allowances of the Downtown Gateway Character Area to the west and
the lower density allowances of the McDowell Corridor to the north and the East
Evergreen Character Area to the east.
The Walkable Urban Code is a zoning option applicable to properties outside of the
Downtown Code that are within the Transit Oriented Development Policy Plan Districts
located along the light rail corridor. As mentioned previously, the site is located a
quarter mile from the McDowell Road and Central Avenue light rail station. If the project
was not within the Downtown Code zoning district, the Walkable Urban Code would
allow the physical form, building design, and lot standards to dictate the allowable
density on the site without the need to specify a maximum allowable density. The site is
also located within walking distance of the Margaret T. Hance Park and the Burton Barr
Central Library. Increasing the scale and intensity for projects near cultural amenities is
also consistent with the City’s transit-oriented development policy and goals.

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Staff Report Z-TA-7-19-8
April 9, 2020
Page 5

Figure F: Maximum Density Existing and Proposed

Source: City of Phoenix Planning and Development Department

There was a previous request within the Townsend Park Character Area to increase the
allowable density on a site. North of the proposed development at the northwest corner
of 3rd Street and McDowell Road, is a parcel that previously housed the Los Olivos Car
Wash. In 2017, case Z-TA-1-17-4 changed the allowable density from 14.5 dwelling
units per acre to 89 dwelling units per acre.
Height
The request does not increase the height allowed in the Townsend Park Character Area
by right, rather it creates the opportunity for projects to achieve more height by providing
community benefits through sustainability bonus points. The proposal to increase the
allowable height by a sustainability bonus provision is consistent with the Major Urban
Center TOD Strategic Policy Framework place type, the Downtown Phoenix Plan
policies, and provides for a public benefit that is sensitive to the surrounding area.

Page 318
Staff Report Z-TA-7-19-8
April 9, 2020
Page 6

Major Urban Center is a place type characterized by Figure G: Maximum Height
medium to high intensity with building heights
typically from four to eight stories, with incentive
heights of up to fifteen stories. The proposal to
increase the allowable height up to 30 percent using
a sustainability bonus, which would allow up to eight
stories in height for the proposed development, is
consistent with the place type of the Central
Avenue/McDowell Road light rail station area.
The proposed amendment meets the policies in the
Downtown Phoenix Plan for the Townsend Park
Character Area.
Policy 3-21: Develop height transition
strategies to protect and enhance the quality
of East Evergreen Historic District Source: City of Phoenix Planning and
Development Department
The sustainability bonus point category with the most
possible credits calls for structures with HP or HPL zoning within the Downtown Code to
be rehabilitated. The height transition strategy incentivizes the preservation of historic
structures in exchange for an increase in allowable height, which could protect and
enhance the quality of East Evergreen Historic District.
Policy 3-22: Increase building height west of 3rd Street to provide a transition
between the Light Rail Corridor and the historic district of East Evergreen
The proposal maintains the existing height transition in the Character Area which calls
for higher building heights west of 3rd Street to lower heights east of 3rd Street by not
amending the height map, but rather by allowing the opportunity for more height by
sustainability bonus points that is sensitive to the existing height allocations. With the
proposed text amendment, properties originally designated for 65 feet in height could
increase the allowable height up to 84.5 feet, which is shorter than the maximum height
designation of 90 feet allowed by right in the Character Area west of 3rd Street. The
height transition and integrity of the Character Area is maintained by the proposed text
amendment.
Buffer Alleys
Buffer alleys are intended to mitigate impacts on single-family residences from more
intense uses by requiring additional setback, screening and lighting requirements. There
are no single-family residences abutting the alleys in between McDowell Road and
Willetta Street from 3rd Street to 5th Street. Several sites were once used as single-
family residences but have been converted to commercial spaces. The request to
remove the buffer alley designation is consistent with the existing uses and character of

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Staff Report Z-TA-7-19-8
April 9, 2020
Page 7

the area and could provide more opportunities for sites along McDowell Road to
redevelop.
Figure H: Existing and Proposed Buffer Alleys

Source: City of Phoenix Planning and Development Department

Conclusion
Staff recommends approval of Z-TA-7-19-8 to amend the density map, buffer alley map,
and Townsend Park Character Area text as shown in Exhibit A of the staff report.
The proposal maintains the transitional nature of the Townsend Park Character Area,
situated between the Downtown Gateway, McDowell Corridor and East Evergreen
Character Areas. Additional density and option for more height is warranted given the
proposed development’s proximity to the McDowell Road and Central Avenue light rail
station. The proposal is in line with the adopted Major Urban Center place type of the
TOD Strategic Policy Framework and the policies of the Downtown Phoenix Plan. The
sustainability bonus option maintains the existing height transition in the Townsend Park
Character Area and offers community benefits in exchange for the option for additional
height. The buffer alley removal is consistent with the existing uses and character of the
area.

Page 320
Staff Report Z-TA-7-19-8
April 9, 2020
Page 8

Writer
Sarah Stockham
April 9, 2020

Team Leader
Samantha Keating

Exhibits
A. Proposed Language and Maps

Page 321
EXHIBIT A

Application No. Z-TA-7-19: Amend Section 1202 (Regulating Maps) of the Phoenix
Zoning Ordinance to replace the Downtown Code maps to amend density provisions
and buffer alleys in an area generally bounded by 3rd Street to 5th Street, and Willetta
Street to McDowell Road and amend Section 1220 (Townsend Park) to allow for a
height bonus.

Staff Proposed Language That May Be Modified During the Public Hearing Process is
as follows:

Amend Chapter 12, Section 1202 (Regulating Maps) by removing the old maps, and
inserting new maps as follows:

***

Page 322
ATTACHMENT A
Z-TA-7-19
Page 2

D. The density for any parcel in the Downtown Area shall not exceed the following
unless a density bonus is allowed by the Character Area and approved by the
Planning and Development Department staff or an appeal is approved by the
Design Review Committee (DRC) pursuant to Section 1223 requirements:

Page 323
ATTACHMENT A
Z-TA-7-19
Page 3

***

Page 324
ATTACHMENT A
Z-TA-7-19
Page 4

F. This map designates Buffer Alleys for which abutting properties must conform to the
standards and guidelines outlined in Sections 1207.O and P:

Page 325
ATTACHMENT A
Z-TA-7-19
Page 5

***

Page 326
ATTACHMENT A
Z-TA-7-19
Page 6

Amend Chapter 12, Section 1220 (Townsend Park) to read as follows:

***
B. Development Standards
1. Maximum Height
a. Main building: Governed by the height map, Section 1202.C.
(1) Height bonus: None. MAXIMUM 30% INCREASE.

***

Page 327
Attachment C

Village Planning Committee Meeting Summary
Z-TA-7-19-8
INFORMATION ONLY

Date of VPC Meeting: March 9, 2020
Amend Section 1202 (Regulating Maps) of the Phoenix
Zoning Ordinance to replace the Downtown Code
maps to amend density provisions and buffer alleys in
Request: an area generally bounded by 3rd Street to 5th Street,
and Willetta Street to McDowell Road and amend
Section 1220 (Townsend Park) to allow for a height
bonus.

VPC DISCUSSION:

Chris Colyer recused himself, bringing the quorum to 16.
Two speaker cards were submitted in favor, wishing to speak.
One speaker card was submitted, wishing to speak.

Brennan Ray, representing the applicant with Burch & Cracchiolo, P.A., stated that
Leon Capital is a multifamily developer who is pursuing a high-quality project in an area
that lends itself to density with pedestrian engagement. Mr. Ray continued that the
project will have 228 residences at a density of 109 dwelling units per acre and be 85
feet tall. Mr. Ray added that the request is to amend the density map as this site is in
close proximity to many amenities and Central Avenue. Mr. Ray continued that the
second part of the request is to amend the buffer alley map to remove two buffer alleys
because buffer alleys require a fifteen-foot setback, a five-foot landscaped area and a
four-foot wall. Mr. Ray added that the plan for the site is to abandon the alley, dedicate
a public utility easement and keep in open as it is now. Mr. Ray continued that the
request is to allow for an increase in height via the sustainability bonus provisions in the
Code.

Chair Frazier Johnson asked about the unit mix and if any units will be affordable.
Brennan Ray responded that he expects there to be more studios and one-bedroom
apartments, and there will not be affordable units.

Will Gaona asked about the parking spaces and if there will be parking in the
neighborhood. Brennan Ray responded that the project will be parked to Code

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Page 328
standards, will include two levels of parking and residents will not park in the
neighborhood.

Vice Chair Pearl Starks asked what is currently in use on site. Brennan Ray
responded that the buildings are offices.

Eva Olivas asked for clarification on what was proposed for the alley. Brennan Ray
responded that they propose to abandon the alley under the proposed building, and that
the alley will be used in the same way it is now with the addition of a public utility
easement recorded in perpetuity along the alley.

Eva Olivas asked if the applicant has talked to the neighbors. Brennan Ray responded
that they have talked to the people in the area and was surprised that most of the
homes were owned by investors.

Zach Burns asked where the art will go. Brennan Ray responded that they propose to
have gallery windows along 3rd Street to display the art.

Dana Johnson asked if the art space would be air conditioned. Brennan Ray
commented that that is a great suggestion.

Vice Chair Pearl Starks asked if they had studied the traffic pattern in the area when it
is school dismissal time. Brennan Ray replied that he will provide more information on
that when the item returns for recommendation.

Sean Sweat asked about the parking ratio, and if it was possible to reduce parking with
the sustainability bonus provisions as most apartments build too much parking. Thomas
Hoy with Leon Capital responded that they will have one space per bed with some
guest parking to avoid people from parking in the neighborhood. Mr. Hoy added that
they have been talking to the school across the street about some of their staff using the
garage for parking.

Sean Sweat commented that he is concerned about spot zoning, likes using the
sustainability bonus provisions and that he would like the density designation to change
to include all the properties along 3rd Street.

Will Gaona asked if there would be any affordable housing units in this project, given
the presentation they heard earlier by Ms. Bouchee. Brennan Ray responded that they
are not considering including any affordable units.

Eva Olivas asked if the applicant were to consider adding affordable housing units, if
they would be beyond the normal set-aside timeframe. Brennan Ray answered that
they are trying to fill the gap of market rate units as presented on by Ms. Bouchee with
this project.

Public Comment:

Mitchell Willard with the Urban Phoenix Project asked if there was any way to achieve
the proposed height without changing the Zoning Ordinance. Brennan Ray stated that
the only mechanism to achieve what they need for the project is through a text
amendment.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
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STAFF COMMENTS:

None.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 330
Attachment D
Design Standards Committee Minutes
April 14, 2020

DESIGN STANDARDS COMMITTEE (DSC)

TEXT AMENDMENT Z-TA-7-19, TOWNSEND PARK

MINUTES

Monday, April 14, 2020 Meeting

Per the most recent guidelines from the federal government, the Design
Standards Committee held a meeting electronically, via a video conferencing
platform.

DSC MEMBERS DSC MEMBERS STAFF PRESENT
PRESENT ABSENT
Ben Patton, Chair Allan Gutkin Planning and Development
Department
Matt Seaman, Vice- Joshua Bednarek, Deputy
chair Director, Planning
Craig Steblay Christopher DePerro, Team
Leader, Site Plan
Dennis Newcombe Samantha Keating, Principal
Planner
Sarah Stockham, Central City
VPC planner
Vania Fletcher, DSC Liaison

1. Call to Order, introductions, and announcements.

The meeting was called to order by Chair Ben Patton at 2:24 pm, with a quorum
of four members. Introductions were made.

2. Remote Meeting Procedures and Staff Announcements.

Ms. Fletcher provided information regarding the remote meeting procedures, and
informed the Committee that Mr. Allan Guktin had to recuse himself due to a
conflict of interest. She read out the roles and duties of the Design Standards
Committee under Zoning Ordinance Section 308.

3. Review, discussion, and possible recommendation on the proposed draft of
the Text Amendment Z-TA-7-19 – Townsend Park.

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Design Standards Committee Minutes
April 14, 2020

The Chair called on Ms. Stockham to present. Ms. Stockham proceeded with a
PowerPoint presentation that was provided to the Committee as part of staff
documentation. She explained that the text amendment had three parts: to
amend the regulatory density map, to amend the regulatory buffer alley map, and
to amend the Townsend Park Character Area text for height.

Ms. Stockham described the details of each of the requests, starting with the
Density Map and the changes requested for a particular property to increase the
density from 43.5 dwelling units per acre to 125 dwelling units per acre by right.

Increase in Density: Ms. Stockham stated that staff found the proposal for density
to be consistent with the transitional nature of the Townsend Park Character Area,
the density designation to the west of the site, transit-oriented development
policies and goals

Buffer Alleys

Ms. Stockham clarified that the intent of the buffer alleys was to protect low
intensity residential neighborhoods – they alleys were not being removed, only
the designation and that there were no single-family residences along the alleys
in the proposal. Staff found that the proposal is consistent with existing uses and
character of the area.

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Design Standards Committee Minutes
April 14, 2020

Height Bonus in the Townsend Park Character Area

The final request, she explained, was to allow 30 percent Height Bonus for the
entire character area. Staff found the proposal is consistent with the Major Urban
Center TOD Strategic Policy Framework place type, the Downtown Phoenix Plan
policies, and that the proposal maintains the existing height transition in the
Character Area and provides for an increased level of community benefits.

Ms. Stockham explained that she reviewed the original intent of the Downtown
Code and that of the Downtown Phoenix Plan, the vision for the Townsend Park
Character Area and the original intent to have a height and strategies to protect
the East Evergreen Historic District east of 3rd Street. The Downtown Code
adopted a transitional district west of 3rd Street as mixed uses were permitted,
and Ms. Stockham explained that Townsend Park now has a very diverse number
of businesses. She informed the committee that additional studies have been
done post Downtown Code, such as Reinvent Phoenix and the 2013 TOD
Strategic Policy Framework which defined place types for areas within the quarter
mile from light rail stations. The TOD place type for this particular request falls
under the major urban center. She stated that staff finds that this is consistent
with the policies for McDowell.

Ms. Stockham stated that staff’s recommendation is for approval of the three
text amendment requests and that the Central City Village Planning Committee
heard this request for information only on March 9 and will hear the request for
recommendatio on May 11.

Chair Patton noted while the text amendment did approve a specific plan, this
came in because of a proposal for a specific developer plan. He had concern over
amending the regulatory maps and that it could mean to be ‘in hot water with the

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Design Standards Committee Minutes
April 14, 2020

neighborhood’ without a plan of a development. The chair stated also that this
could be a precedent.

Mr. Seaman noted his concern over the proposal to increase the density from
43.5 to 125 dwelling units per acre. He explained to staff that Townsend Park
already permits an increase of density with Bonus Points for a maximum 100%
increase, potentially allowing for 87 dwelling units per acre. Which meant that
‘theoretically’ speaking, by approving 125 units, the developer could potentially
increase the height up to 250 dwelling units per acre. He proposed that the
density should only be increase to 67.5 dwelling units per acre, once bonus points
were added, the total increase would come to the same 125.

Ms. Stockham stated that an increase in density would have to come with
‘cultural’ amenities to be approved and that 125 was the density on all properties
on the west side of 3rd Street. He asked if outreach had been done to the
community. The applicant stated that they had not done community outreach and
also stated that there was no intent to go above the 125 dwellings per unit.

Mr. Newcombe also commented on concerns over the lack of plans
[development] and the outreach and asked staff if the Village Planning Committee
(VPC) had anything to say. Ms. Stockham explained that the applicant made a
presentation and VPC had a discussion, stating that they would prefer affordable
housing. Mr. Newcombe stated that he was not as concerned about the increase
in height.

Mr. Seaman stated that he was very reluctant regarding amending regulating
plans, because that is exactly what was being proposed, and while the DTC may
not be have been adapting to changes in intensity, a lot more information was
needed for review for this precedent, especially since this was being done as an
owner request. He stated that maybe it was time to review the changes [in the
DTC] to see why this one site is more deserving than other areas which that could
go through a similar path.

Mr. DePerro explained that the density change was specific to this site only and
not to the whole of Townsend Park and that because of the DTC rezoning was not
the recourse, only the change in the regulatory plans.

Chair Patton reiterated that while the buffer alley and density only applied to the
developer parcel, the height increase applied to all of Townsend Park, and Mr.
Seaman asked for verification regarding the height. Ms. Keating showed the
proposed language showing the language change that would apply to all:

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Design Standards Committee Minutes
April 14, 2020

The Chair stated that the density request was an issue, it was a precedent, and
this could come up again. He noted that a slightly more intense density than 67.5
would be acceptable, and he asked the committee for comments. Mr. Steblay
stated that there was a precedent for 89 dwelling units per acre.

Mr. Newcombe noted that changes have occurred overtime in Downtown and that
the Character Area may be different in the future but was in agreement with the
density concerns. He also noted that the 89 dwelling units per acre had a lot of
history on it. He wanted assurances that any increase would require separate
sustainability bonus points. Mr. DePerro explained that you can’t use the same
bonus points for different requests, bonus points for height have to be different
than those for the density, that you can’t ‘double dip’.

The committee looked at the Density Map to identify existing densities. The
standard densities above 43.5 were 97 and 140. The committee felt that both
were too high and that 97 was also due to a previous entitlement increase. Mr.
Seaman reminded members that in order for a developer to double the density,
they would have to achieve all bonus points to be approved, but that 89 dwelling
units per acre could be the target number.

The Chair offered a motion: To approve all three requests with the exception of
the request for density, to be adjusted from 125 to 89 dwelling units per acre. Mr.
Seaman seconded.

Discussion: Mr. Steblay directed comments to staff by saying that changing an
entire area and spot zoning to allow extra entitlement feels like circumventing the
system and this could lead to others trying to pull the same thing. He asked staff
to evaluate maps and heights, it did not feel good to give special treatment for an
individual. Ms. Stockham and Ms. Keating addressed the concerns by stating that
the evaluation also included other policies for guidance such as Reinvent Phoenix
and place types.

Mr. Newcomb stated that in the future he would like to see the development plans
to see where the ‘rubbing’ points were. The Chair stated that this case, as a
model, felt like spot zoning.

Mr. Steblay, stated that for the record, he didn’t like the way this was going, that
they should look at a bigger picture. Mr. DePerro stated that as a city process, if
someone wants to file a request, they can do it.

Page 335
Design Standards Committee Minutes
April 14, 2020

The motion to approve all three requests with the exception of the request for
density to be adjusted from 125 to 89 dwelling units per acre was approved 4-0.

4. Committee Members announcements.

None.

5. Public comments concerning items not on the agenda. Not for discussion
or action.

None

6. Identification of additional meeting dates and future agenda items.

None identified

7. Adjournment

The meeting adjourned at 3:51 pm.

For further information on this item please call Vania Fletcher, Planning & Development
Department at 602-261-8664. You may also visit our website for this and other public
meeting notices and agendas: https://phoenix.gov/cityclerk/publicmeetings/notices.

Page 336
Attachment E

Village Planning Committee Meeting Summary
Z-TA-7-19-8

Date of VPC Meeting July 12, 2021
Amend Section 1202 (Regulating Maps) of the Phoenix
Zoning Ordinance to replace the Downtown Code
maps to amend density provisions and buffer alleys in
an area generally bounded by 3rd Street to 5th Street,
Request
and Willetta Street to McDowell Road and amend
Section 1220 (Townsend Park) to allow for a height
bonus at approximately 160 feet south of the southeast
corner of 3rd Street and McDowell Road.
VPC Recommendation Approval
VPC Vote 10-1

VPC DISCUSSION:

Committee members Chris Colyer and Wayne Rainey left during this item, bringing
quorum to 11.

Sarah Stockham, staff, provided an overview of the three components of the text
amendment request, reviewed the surrounding land uses and the proposed project.

Zach Burns asked why this request is a text amendment and not a variance. Ms.
Stockham replied that the Downtown Code provides height and density limits in the
form of the map and any request to amend the maps and/or the character area text is a
text amendment.

Chair Rachel Frazier Johnson asked if staff or the applicant decides if their request
constitutes a text amendment. Ms. Stockham replied that any request to change the
text of the character area or update the maps is a text amendment.

Ryan Boyd asked if a future text amendment to the Downtown Code will impact this
site. Ms. Stockham replied that she is not familiar with the specifics of any future text
amendment and given that this request is site specific, it is doubtful that a larger text
amendment would impact this site.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Page 337
Central City Village Planning Committee
Meeting Summary
Z-TA-7-19-8
Page 2

Brennan Ray, representing the applicant with Burch & Cracchiolo, introduced himself
and the proposed 7-story, 85-foot tall project with 288 units with an overall density of
109 dwelling units per acre. Mr. Ray added that the alley would remain intact but the
applicant will be proposing to abandon it and replace it with a public access easement,
and the height bonus proposed would require the project to incorporate more amenities
and enhance the building, and reviewed trip generation for the site.

Ryan Boyd asked if the applicant was planning on planting palm trees as shown in the
rendering, why the applicant is not pursing a revocable permit for the alley instead of
abandoning it, and why they are pursing this request which appears to be spot zoning
rather than a larger overhaul for the character area.

Brennan Ray replied that the palm trees are part of the rendering, the site will be
planted with trees appropriate for the area, the alley is different right-of-way than 2nd
Street with the pedestrian bridge so they were directed to go the alley abandonment
route, they are proposing to abandon the alley for their site only and record public
access and utility easements, and changes to the Downtown Code maps are done
through the text amendment process and density provisions perhaps should have been
the same for the entire Townsend Park Character Area.

Eva Olivas asked how the request is site specific but will also impact the character
area and asked for clarification on the Design Standards Committee’s
recommendation. Brennan Ray replied that the updates to the density and buffer alley
maps are site specific and the request for a height bonus allows for sites within the
character area to increase the allowable height by using bonus points. Sarah
Stockham, staff, added that the Design Standards Committee recommended approval
of the request with a modification that the allowable density be 89 dwelling units per
acre to provide more of a transition and since the character area allows a 100 percent
increase in density using bonus points the applicant could still achieve their allowable
density with points.

Brennan Ray added that they hosted their neighborhood meeting and one neighbor
attended and was supportive, and they have spoken with Mitchell Willard with the
Urban Phoenix Project regarding the abandonment.

Motion:
Darlene Martinez motioned to recommend approval of Z-TA-7-19-8. Patrick Panetta
seconded the motion.

Discussion:
Ryan Boyd shared that he was torn on the request but will be voting yes, and
continued that he has a concern with the alley abandonment and the issue of spot-
zoning, and that he is tired of requests to update the maps which seems to favor those
who get to ask for them.

Eva Olivas agreed with Mr. Boyd’s comments.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 338
Central City Village Planning Committee
Meeting Summary
Z-TA-7-19-8
Page 3

Vice Chair Nate Sonoskey shared that while the alley abandonment is contentious, it
is difficult to get financing with the alley in place or with a revocable permit, and the
abandonment is more practical.

Vote:
10-1, motion to recommend approval passed with Committee Members Boyd,
Gonzalez, Johnson, Lockhart, Martinez, Olivas, Panetta, Starks, Sonoskey and R.
Johnson in favor and Committee Member Burns opposed.

STAFF COMMENTS REGARDING VPC RECOMMENDATION:
None.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 339
Attachment F

REPORT OF PLANNING COMMISSION ACTION
August 5, 2021

ITEM NO: 7
DISTRICT NO.: 8
SUBJECT:

Application #: Z-TA-7-19-8
Location: Approximately 160 feet south of the southeast corner of 3rd Street and
McDowell Road
Acreage: 2.10
Proposal: Amend Section 1202 (Regulating Maps) of the Phoenix Zoning Ordinance
to replace the Downtown Code maps to amend density provisions and
buffer alleys in an area generally bounded by 3rd Street to 5th Street, and
Willetta Street to McDowell Road and amend Section 1220 (Townsend
Park) to allow for a height bonus.
Applicant: Brennan Ray, Burch & Cracchiolo, P.A.
Owner: JAG Development, et al.
Representative: Brennan Ray, Burch & Cracchiolo, P.A.

ACTIONS:

Staff Recommendation: Approval, as shown in the recommended text In Exhibit A of the Staff
Report.

Village Planning Committee (VPC) Recommendation:
Central City 7/12/2021 Approval, per the staff recommendation. Vote: 10-1.

Planning Commission Recommendation: Approval, per the Central City Village Planning
Committee recommendation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve Z-TA-7-19-8, per the
Central City Village Planning Committee recommendation.

Maker: Howard
Second: Johnson
Vote: 7-0
Absent: Gorraiz and Magnum
Opposition Present: No

Findings:

The proposal maintains the transitional nature of the Townsend Park Character Area, situated
between the Downtown Gateway, McDowell Corridor and East Evergreen Character Areas.
Additional density and option for more height is warranted given the proposed development’s
proximity to the McDowell Road and Central Avenue light rail station. The proposal is in line with
the adopted Major Urban Center place type of the TOD Strategic Policy Framework and the
policies of the Downtown Phoenix Plan. The sustainability bonus option maintains the existing
height transition in the Townsend Park Character Area and offers community benefits in

Page 340
exchange for the option for additional height. The buffer alley removal is consistent with the
existing uses and character of the area.

Proposed Language:

Amend Chapter 12, Section 1202 (Regulating Maps) by removing the old maps, and inserting
new maps as follows:

***

Page 341
D. The density for any parcel in the Downtown Area shall not exceed the following unless a
density bonus is allowed by the Character Area and approved by the Planning and
Development Department staff or an appeal is approved by the Design Review Committee
(DRC) pursuant to Section 1223 requirements:

Page 342
***

Page 343
F. This map designates Buffer Alleys for which abutting properties must conform to the
standards and guidelines outlined in Sections 1207.O and P:

Page 344
***

Amend Chapter 12, Section 1220 (Townsend Park) to read as follows:

Page 345
***
B. Development Standards
1. Maximum Height
a. Main building: Governed by the height map, Section 1202.C.
(1) Height bonus: None. MAXIMUM 30% INCREASE.

This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 495-5622, TTY use 7-1-1.

Page 346
Attachment G

From: Gary Bushkin
To: Sarah Stockham
Cc: Gary Bushkin; Gary Bushkin; Alan Werner
Subject: Case No Z-TA-7-19
Date: Wednesday, March 4, 2020 10:12:12 AM

Ms. Stockham,
I represent Bombastic Properties who is the owner of 319 E McDowell Rd, Phoenix, AZ
I have also run our family business out of this building since 1997.

Please be advised that the proposal by LG Acquisitions to change the proposed Buffer Alley is
unacceptable. We run an active warehouse at 319 E McDowell Road via the alley directly
south of our building. We receive deliveries from large Semi-Trucks as well as ship thousands
of books from our warehouse weekly. We not only can not have any changes to the alley, we
are very concerned about any disruption during construction.

In addition, We do not feel changing the set backs on the project in any way is a good idea.
The height of the building proposed certainly deserves the required city set back area for
buffer.

Thank you,

Gary Bushkin

Page 347
Attachment H

Page 348
From: Ricki Horowitz
To: Sarah Stockham
Cc: Brennan Ray
Subject: Z-TA-7-19 The Townsend project: Support
Date: Thursday, June 17, 2021 8:08:25 AM

Sarah –

Please add to your file the support email below from one of our neighbors. Thanks. Ricki

From: Brian Tassinari
Sent: Wednesday, June 9, 2021 11:56 AM
To: Jacque Collard
Subject: The Townsend project
I just saw the notice for a neighborhood meeting on this project. As you can see from my address below, our office is just east of the proposed development. Please enter into the record th

Allow sender
Warning! This message was sent from outside your organization [nam02.safelinks.protection.outlook.com]
and we are unable to verify the sender. | Block sender
[nam02.safelinks.protection.outlook.com]
sophospsmartbannerend

I just saw the notice for a neighborhood meeting on this project. As you can see from my address
below, our office is just east of the proposed development. Please enter into the record that we
support the zoning changes needed to build this project.

Best,

Brian

Brian Tassinari
Partner

516 E. Willetta Street | Phoenix, AZ 85004
602.903.6811 Main | 602.363.2627 Cell
brian@willettapartners.com [nam02.safelinks.protection.outlook.com] | willettapartners.com

Page 349

Supporting documents

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Meeting Public Safety and Justice Subcommittee-9/8/2021 complete

1. ¶ For Approval or Correction, the Minutes of the Formal Meeting on May 6, 2020

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2. ¶ Summary

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3. ¶ Liquor License - DaddyO's Grill

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4. ¶ Liquor License - Lake Pleasant Brewing Company LLC

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5. ¶ Liquor License - Circle K Store #9184

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6. ¶ Liquor License - The Buzz Eatery & Treats

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7. ¶ Liquor License - Special Event - Brophy College Preparatory

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8. ¶ Liquor License - Camelback Liquors

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9. ¶ Liquor License - 2322

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10. ¶ Liquor License - Hidden Track Bottle Shop

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11. ¶ Liquor License - Authentic Liberian Cuisine

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12. ¶ Liquor License - Special Event - Kiwanis Club of Ahwatukee Foundation, Inc.

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13. ¶ Liquor License - Special Event - Kiwanis Club of Ahwatukee Foundation, Inc.

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14. ¶ Liquor License - Special Event - St. Theresa Council No. 13497 Knights of

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15. ¶ Liquor License - B17 Galactic Inc

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16. ¶ Liquor License - Circle K Store #9541

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17. ¶ Liquor License - Get It & Go Liquor

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18. ¶ Liquor License - Gus's New York Pizza

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19. ¶ Liquor License - The Desmond

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20. ¶ Liquor License - Special Event - Roosevelt Row Community Development

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21. ¶ Liquor License - Quench Fine Wines

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22. ¶ Liquor License - D's Jerk Hut

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28. ¶ Resolution to Appoint the City Manager (Resolution 21956)

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29. ¶ Enter into Employment Agreement with the City Manager (Ordinance S-47938)

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30. ¶ Grant of Public Utility Easement on City-owned Property for Relocation of Light

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31. ¶ Authorization to Extinguish Easement for Abandoned Water Line (Ordinance S-

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32. ¶ Acceptance of Easements for Preservation and Drainage Purposes (Ordinance S