PLEASE RESPOND ELECTRONICALLY TO JULIANNA PIERRE 2ND FLOOR, 602-262-4544

To: Departments Concerned Date: August 18, 2020

From: Alan Stephenson

Planning & Development Department Director

Subject: P.H.O. APPLICATION NO. PHO-1-20--Z-70-18-4 – Notice of Pending Actions by the Planning Hearing Officer

1. Your attention is called to the fact that the Planning Hearing Officer will

consider the following case at a public hearing on September 16, 2020.

2. Information about this case is available for review at the Zoning Counter inthe Planning and Development Department on the 2nd Floor of Phoenix CityHall, telephone 602-262-7131, Option 6.

3. Staff, please indicate your comments and respond electronically topdd.pho@phoenix.gov or you may provide hardcopies at the ZoningCounter in the Planning and Development Department on the second floorof Phoenix City Hall by August 21, 2020.

DISTRIBUTIONMayor’s Office (Lisa Fernandez), 11th Floor City Council (Penny Parrella), 11th Floor Aviation (Sheldon Daisley)CED (Michelle Pierson), 20th Floor Fire Prevention (Brent Allsopp), 2nd FloorLight Rail (Joel Carrasco/Special TOD Only) Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor Parks & Recreation (Natasha Hughes), 16th Floor Public Transit (Kathryn Boris)Public Works (Ray Dovalina, Kristina Jensen, Elise Moore, Rudy Rangel, Roxanne Tapia), 5th FloorStreet Transportation Department (Maja Brkovic, Alan Hilty, Matthew Wilson), 5th Floor Street Transportation - Ped. Safety Coordinator (Mailen Pankiewicz), 5th FloorWater Services (Don Reynolds, Victor Romo), 8th Floor

Planning and Development (Alan Stephenson, Joshua Bednarek), 3rd Floor Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th Floor Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor Planning Hearing Officer (Tricia Gomes, Adam Stranieri, Julianna Pierre), 2nd Floor Village Planner (Sofia Mastikhina, Camelback East) Village Planning Committee Chair (Jay Swart, Camelback East)

200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793

APPLICATION FOR PLANNING HEARING OFFICER ACTION

APPLICATION NO: PHO-1-20--Z-70-18

Council District: 4

Request For: Stipulation Modification

Reason for Request: Deletion of Stipulation 5 regarding 3-inch caliper trees along side yards adjacent to residential zoning. Owner Applicant RepresentativeAscend Properties, LLC Ascend Properties, LLC Ashley Marsh, Tiffany & Bosco, PA7529 Lexington Avenue 7529 Lexington Avenue 2525 East Camelback Road, Suite 700West Hollywood CA 90046 West Hollywood CA 90046 Phoenix AZ 85016(602) 452-2742 (602) 452-2742 P: (602) 452-2742 F: pammiller0@gmail.com pammiller0@gmail.com azm@tblaw.com Property Location: Approximately 170 feet south of the southwest corner of 17th Street and Glenrosa Avenue

Zoning Map: H-9 Quarter Section: 17-31 APN: 163-28-045A Acreage: 0.95

Village: Camelback East Last Hearing: CC HEARING

Previous Opposition: NoDate of Original City Council Action: 03/06/2019

Previous PHO Actions: Zoning Vested: R-4

Supplemental Map No.: Planning Staff: 078321

An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorizedsubstantive policy statement. To request clarification or to obtain further information on the application process and applicablereview time frames, please call 602-262-7131 (option 6), email zoning.mailbox@phoenix.gov or visit our website athttp://phoenix.gov/pdd/licensetimes.html.

A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to coverthe cost whether or not the request is granted

Fee Fee Waived Fee Date Receipt Purpose$1,080.00 $0.00 07/29/2020 20-0066108 Original Filing Fee

Signature of Applicant: _____________________________________________________ DATE: ___________________

Hearing Results

Planning Hearing Officer Planning Commission City CouncilDate: 09/16/2020 1000 AM Date: Date:

Appealed?: Appealed?:Action: Action: Action:

August 13, 2020

ORIGINAL HAND-DELIVERED

Planning Hearing Officer

City of Phoenix

Planning & Development Department

200 W. Washington Street, 2nd Floor

Phoenix, Arizona 85003

RE: Stipulation Modification for Z-70-18-4

To Planning Hearing Officer:

Our law firm represents the Ascend Properties, LLC the property owners of Morningside Pointe

Apartments (“Owners”), a small apartment complex generally located off 17th Street, north of

Indian School Rd. Morning Point is approximately a one-acre lot located at 4238 N. 17th Street,

Phoenix, Arizona 85018 and identified by Maricopa County Assessor Parcel number 163-28-045A

(the “Property”). See Exhibit 1 and 2. The Owners are in process of improving the Property, and

this application is made to the City of Phoenix (“City”) to delete a stipulation of approval included

in zoning case, Z-70-18-4 Specifically, the request is to delete stipulation #5 pertaining to the size

and location of the trees where development of the site has made fulfillment of this stipulation as

written impossible to achieve. This letter provides Staff and the Planning Hearing Officer with

additional information supporting the request.

BACKGROUND

The current Owners purchased the Property in 2016. At that time, the Property consisted of two

underutilized parcels that had one, dated building with 11 apartment units and no landscaping or

amenities. In 2018, the Owner’s decided to redevelop this Property to its full potential by

renovating the existing 11 units, adding additional 11 units, landscaping the entire site, creating

patio and porch/stoop for future tenants in both the existing and new units, and adding a central

amenity turf area. To reimagine this property, the development team applied for a zoning

amendment to rezone the Property from R-3 to R-4. The City noted in their Staff Report that the

“project is compatible with the surrounding uses and will allow an expansion of an existing

development on a vacant portion of the lot that is currently underutilized.” The zone change was

unopposed and the Camelback East Village Planning Committee, City of Phoenix Planning

Commission and Phoenix City Council approved the project unanimously. Ultimately, the Phoenix

City Council approved Case No. Z-70-18-4 on March 6, 2019 subject to fourteen (14) stipulations.

As the development team progressed through the design and construction process, multiple

difficulties arose making stipulation #5, which calls for a specific size and location of large trees,

impracticable. These difficulties ranged from parking to sewer line issues and from spacing and

foundational complications. The issues that arose were unforeseeable during the initial entitlement

process. Accordingly, now that the site is under construction, the owners request deletion of

stipulation #5 such that the site can be landscaped taking into the unanticipated infrastructure

demands that have caused a domino effect to the landscape plan now that the site is being

redeveloped.

TEXT OF STIPULATIONS & REQUESTED WORDING

Of the 14 Stipulations from Z-70-18-4, the Owners only propose the deletion of Stipulation #5.

The full-set of stipulations from Z-70-18-4 and the proposed modification to Stipulation #5 are

shown below:

1. The architecture, design, color, and building materials shall be compatible for all of the

buildings within the development, as approved by the Planning and Development Department.

2. Each new unit shall provide a covered entryway, as approved by the Planning and

Development Department.

3. Pedestrian connections shall be provided to the street and from the existing building to

the new buildings. All pedestrian walkways shall consist of a contrasting material such as

decorative pavers, stamped or colored concrete, or another contrasting material, other than those

used to pave the parking surfaces and drive aisles, as approved by the Planning and Development

Department.

4. There shall be a minimum 5-foot-wide detached sidewalk along 17th Street with a

minimum 5-foot-wide landscaped strip located between the sidewalk and back of curb and shall include a minimum 2-inch caliper shade trees planted a minimum of 20 feet on center or

equivalent groupings along both sides of the sidewalk, as approved by the Planning and Development Department.

5. Minimum 3-inch caliper trees, planted 20 feet on center, or in equivalent groupings,

shall be planted along the side yards adjacent to residential zoning to provide screening for

adjacent residences, as approved by the Planning and Development Department.

See the detailed rationale below justifying this request.

6. 5. The developer shall install secured bicycle parking at 0.25 spaces for each residential unit and a minimum of four inverted LI-bicycle racks for guests located near entrances to the building, installed per the requirements of Section 1307.H of the Zoning Ordinance, as approved by the Planning and Development Department.

7. 6. The surface parking lot area shall be landscaped with a minimum 2-inch caliper

shade trees. Landscaping must be dispersed throughout the parking area, as approved by

Planning and Development Department.

8. 7. The developer shall construct all streets within and adjacent to the development

with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping and

other incidentals, as per plans approved by the Planning and Development Department. All

improvements shall comply with all ADA accessibility standards.

9. 8. 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 shell be according to the templates and instructions provided.

10. 9. If determined necessary by the Phoenix Archaeology Office, the applicant shall

conduct Phase I data testing and submit an archaeological survey report of the development area

for review and approval by the City Archaeologist prior to clearing and grubbing, landscape

salvage, and/or grading approval.

11. 10. If Phase I data testing is required, and if, upon review of the results from the Phase I data testing, the City Archaeologist, in consultation with a qualified archaeologist, determines such data recovering excavations are necessary, the application shall conduct Phase II archaeological data recovery excavations.

12. 11. In the event archaeological materials are encountered during construction, the

developer shall immediately cease all ground-disturbing activities within a 33-foot radius of the

discovery, notify the City Archaeologist, and allow time for the Archaeology Office to properly

assess the materials.

13. 12. The development shall be limited to two stories and 30 feet.

14. 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.

RATIONALE FOR PROPOSAL

In upgrading and enhancing this site, the development team has been challenged with a host of

issues when progressing through the design and construction process that have caused a domino

effect on the overall design and layout of the Project.

First, unbeknownst to the development team, in early June 2020, the development team received

APS’ final plan detailing the installation of two electrical transformers where only one transformer

was anticipated. The placement of two transformers burdens the Property by capturing additional

square footage on a relatively small site. Additionally, with the location of the transformers, there

will now be electrical lines on the southern perimeter of the Property, which is in conflict of placing

3-inch caliper trees along the southern perimeter. The development team had no influence over

APS’ final decision and therefore had no way to control where the two electrical transformers

would be placed. Unfortunately, due to the electrical transformers location, there is no longer

enough space to plant the 3-inch caliper trees as stipulated.

Second, unanticipated infrastructure improvements have also made placing 3-inch caliper trees

around the perimeter of the Property impossible. During construction, the civil engineer discovered

that the existing storm water tank was inadequate and the development team contacted the City.

The City determined that it would be necessary to double the existing capacity and subsequently,

two storm water tanks were installed where predevelopment planning did not suggest this

improvement would be necessary. Not only are the storm water tanks an expensive improvement,

but they also consume valuable real estate on the site in terms of occupying space and making sure

that landscaping does not interfere with the system. After reviewing the landscape plan, the

development team concluded that the 3-inch caliper trees’ roots would grow and damage the

expensive and necessary tanks if planted as stipulated.

Third, in addition to the new storm water tanks, the development team planned to install a new

sewer line through the center of the Property. However, as the construction ph ase progressed,

it became apparent that it would be more efficient to use the existing sewer line. This change also

impacts where trees can be placed as to not interfere with the sewer lines, again rendering

Stipulation #5 unrealistic as development progressed.

Fourth, the parking stalls on the west end of the Property were originally intended to abut the north

perimeter, adjacent to a single family residence. During construction planning, the parking has

now been “flipped” such that the stalls are closer to the new residential units and away from the

single family residence. This is an improvement to the layout and a benefit to the adjacent

neighbor, however, will impact the size and placement of trees along the northern perimeter of the

site.

Lastly, since obtaining the zoning approvals in 2019, there has been interest in developing the

vacant parcel immediately to the south of the Project (APN 163-28-044). The Owners and the

adjacent property owner have been in close communication about each other’s development plans,

and have coordinated on improvements to be complimentary, such as joint investment in a new

perimeter wall along the southern boundary of the Property. The development team discovered that

the trees would grow and eventually damage the new perimeter wall, subsequently resulting in

damage to the adjacent neighbor’s property. To be as transparent as possible and to ensure a

welcomed development, the development team contacted the neighbor, explained their concern,

and obtained a letter indicating the neighbor’s support of this request. Now that the final layout of

the buildings have been determined, the roots of the 3-inch caliper trees will not only damage the

buildings’ new and existing foundation, but will also damage the new perimeter wall that both

property owners have invested and agreed upon. Thus, with agreement from the most impacted

neighbor, the development team requests stipulation #5 be deleted such that a specific caliper tree

is not required on the southern perimeter of the property so that the Owners can continue to

collaborate with the adjacent neighbor to ensure that vegetation does not eventually destroy these

owners’ investments.

CONCLUSION

In short, the development team has been working closely with the immediate neighbors and the

City to create a seamless development and an effective site plan. Deleting Stipulation #5 will

merely allow the development to move forward with what will be a beautiful project, within the

construction confines. Vegetation will still be planted around the perimeter, but with slight

modifications to accommodate the unanticipated realities that have challenged the Project now that

it is now in construction.

If you have any questions, please contact me directly at (602) 452-2742 or azm@tblaw.com.

Sincerely,

Ashley Z. Marsh

Enclosures

Exhibit 1 - Aerial Context Exhibit4238 N. 17th Street

Exhibit 2 - Parcel Context Exhibit4238 N. 17th Street

1. The architecture, design, color, and building materials shall be compatible for all of the buildings within the development, as approved by the Planning and Development Department.

2. Each new unit shall provide a covered entryway, as approved by the Planning and Development Department.

3. Pedestrian connections shall be provided to the street and from the existing building to the new buildings. All pedestrian walkways shall consist of a contrasting material such as decorative pavers, stamped or colored concrete, or another contrasting material, other than those used to pave the parking surfaces and drive aisles, as approved by the Planning and Development Department.

4. There shall be a minimum 5-foot-wide detached sidewalk along 17th Street with a minimum 5~foot-wide landscaped strip located between the sidewalk and back of curb and shall include a minimum 2-inch caliper shade trees

. planted a minimum of 20 feet on center or equivalent groupings along both sides of the sidewalk, as approved by the Planning and Development Department ·

5. Minimum 3-inch caliper trees, planted 20 feet on center, or in equivalent groupings, shall be planted along the side yards adjacent to residential zoning to provide screening for adjacent residences, as approved by the Planning and Development Department.

6. The developer shall install secured bicycle parking at 0.25 spaces for each residential unit and a minimum of four inverted LI-bicycle racks for guests located near entrances to the building, installed per the requirements of Section 1307.H. of the Zoning Ordinance, as approved by the Planning and Development Department.

7. The surface parking lot area shall be landscaped with a minimum 2-inch caliper shade trees. Landscaping must be dispersed throughout the parking area, as approved by Planning and Development Dep~rtment.

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

2 Ordinance G-6565

E GLENROSA AVE

ALLE

Y

N 17

TH ST

PRIVATE

Maricopa County Assessor's Office

Planning & Development Department

PHO-1-20--Z-70-18-4 Property Location: Approximately 170 feet south of the southwest corner of 17th Street and Glenrosa Avenue

0 60 12030 Feet ´

E GLENROSA AVE

ALLE

Y

N 17

TH ST

PRIVATE

R1-6

C-2

R-3*

R-3

Maricopa County Assessor's Office

Planning & Development Department

PHO-1-20--Z-70-18-4 Property Location: Approximately 170 feet south of the southwest corner of 17th Street and Glenrosa Avenue

0 60 12030 Feet ´

Z-22-91

Z-200-86

Z-SP-1-09

*

*

*

P-1

R1-6

R-5

R-4A

R-3

R-3

C-2

C-2

P-1Z-150-84

17TH

ST

17TH

PL

16TH

ST

DEVONSHIRE AVE

MONTECITO AVE

GLENROSA AVE

18TH

ST

SR51

RMP SR

51 R

MP

7TH

ST

24TH

ST

40TH

ST

32ND

ST

16TH

ST

BETHANY HOME RD

NORTHERN AVE

GLENDALE AVE

CAMELBACK RDINDIAN SCHOOL RD

THOMAS RD

MC DOWELL RD

VAN BUREN STWASHINGTON ST

48TH

ST

56TH

ST

64TH

ST

SR 51

APPLICANT'S NAME:

APPLICATION NO. Z-70-18GROSS AREA INCLUDING 1/2 STREETAND ALLEY DEDICATION IS APPROX.

0.94 AcresMULTIPLES PERMITTED

* Maximum Units Allowed with P.R.D. Bonus

R-3R-4

CONVENTIONAL OPTION1327

* UNITS P.R.D. OPTION1632

Ascend PropertiesDATE: 12/10/2018

REVISION DATES:

AERIAL PHOTO &QUARTER SEC. NO.

QS 17-31ZONING MAP

H-9

REQUESTED CHANGE:FROM: R-3 ( 0.94 a.c.)

TO: R-4 ( 0.94 a.c.)

5.5 0 5.52.75Miles

CAMELBACK EAST VILLAGECITY COUNCIL DISTRICT: 4

Document Path: V:\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2018\Z-70-18.mxd

Z-70-18

I

Proposed Landscape Plan Hearing Date: September 16, 2020PHO-1-20--Z-70-18-4

City Council Formal Meeting Minutes March 6, 2019

52 Amend City Code - Official Supplementary Zoning Map 1184

(Ordinance G-6561)

Request to authorize the City Manager to amend Section 601 of the

Phoenix Zoning Ordinance by adopting Official Supplementary Zoning

Map 1184. This amendment reflects that the property owner has met all

of the rezoning conditions previously approved by City Council with

Z-172-88-8 and the entitlements are fully vested.

Summary

To rezone a parcel located on the northeast corner of Fillmore Street and

42nd Street.

Z-172-88-8

Zoning: C-2 MR*

Owner: Camelback Equities

Acreage: Approximately 4.07

Location

Northeast corner of Fillmore Street and 42nd Street.

Council District: 8

This item was adopted.

53 Amend City Code - Ordinance Adoption - Rezoning Application

Z-70-18-4 - Approximately 170 Feet South of the Southwest Corner

of 17th Street and Glenrosa Avenue (Ordinance G-6565)

Request to amend the Phoenix Zoning Ordinance, Section 601, the

Zoning Map of the City of Phoenix, by adopting Rezoning Application

Z-70-18-4 and rezone the site from R-3 to R-4 to allow multifamily

residential.

Summary

Current Zoning: R-3

Proposed Zoning: R-4

Acreage: 0.94

Proposed Use: Multifamily residential

Owner: Ascend Properties

Applicant: Ascend Properties

Representative: Ashley Marsh, Tiffany & Bosco, PA

City of Phoenix Page 62

173513

City Council Formal Meeting Minutes March 6, 2019

Staff Recommendation: Approval, subject to stipulations.

VPC Action: The Camelback East Village Planning Committee heard this

case on Jan. 8, 2019 and recommended approval, per the staff

recommendation with an additional stipulation by an 11-0 vote.

PC Action: The Planning Commission heard this case on Feb. 7, 2019

and recommended approval, per the Camelback East Village Planning

Committee recommendation, with an additional stipulation by a 9-0 vote.

Location

Approximately 170 feet south of the southwest corner of 17th Street and

Glenrosa Avenue.

Council District: 4

Parcel Addresses: 4238 N. 17th St.

This item was adopted.

54 Amend City Code - Ordinance Adoption - Rezoning Application

Z-69-18-7- Southwest Corner of 103rd Avenue and Broadway Road

(Ordinance G-6566)

Request to amend the Phoenix Zoning Ordinance, Section 601, the

Zoning Map of the City of Phoenix, by adopting Rezoning Application

Z-69-18-7 and rezone the site from S-1 and RE-43 to R1-8 for a

single-family residential subdivision.

Summary

Current Zoning: S-1 and RE-43

Proposed Zoning: R1-8

Acreage: 103.29

Proposed Use: Single-family residential subdivision

Owner: MHale Family, LLP

Applicant: The Lead Group, LLC - Richard Jellies

Representative: EPS Group, Inc - Jorge Villasenor

Staff Recommendation: Approval, per Addendum A Staff Report.

VPC Action: Estrella Village Planning Committee did not hear this case

as there was no quorum.

PC Action: Planning Commission heard this case on Feb. 7, 2019 and

recommended approval, per the Addendum A, Staff Report with

modified and additional stipulations by a 9-0 vote.

City of Phoenix Page 63

173513

Planning Commission Minutes for February 7, 2019

Item#: Application #: From: To: Acreage: Location:

Proposal: Applicant: Owner: Representative:

8 Z-70-18-4 R-3 R-4 0.94 Approximately 170 feet south of the southwest corner of 17th Street and Glen rosa Avenue Multifamily residential Ascend Properties Ascend Properties Ashley Marsh, Tiffany & Bosco, PA

Ms. Racelle Escolar presented Item No.8, Z-70-18-4, a request to rezone 0.94 acres located approximately 170 feet south of the southwest corner of 17th Street and Glenrosa Avenue from R-3 (Multifamily Residence District) to R-4 (Multifamily Residence District) to allow multifamily residential.

The Camelback East Village Planning Committee recommended approval, per the staff recommendation, with an additional stipulation by an 11-0 vote.

The additional stipulation requires that the development be limited to two stories and 30 feet. '

Staff recommends approval per the recommendation of the Camelback East Village Planning Committee, with the addition of the standard Proposition 207 waiver of claims stipulation as previously read into the record.

Commissioner Shank made a MOTION to approve Z-70-18-4 as recommended by the Camelback East Village Planning Committee, with the additional stipulation as read into the record.

Commissioner Heck SECONDED.

There being no further discussion, Chairman Johnson called for a vote and the MOTION PASSED 9-0.

Stipulations:

1. The architecture, design, color, and building materials shall be compatible for all of the buildings within the development, as approved by the Planning and Development Department.

2. Each new unit shall provide a covered entryway, as approved by the Planning and Development Department.

3. Pedestrian connections shall be provided to the street and from the existing building to the new buildings. All pedestrian walkways shall consist of a contrasting material such as decorative pavers, stamped or colored concrete, or another contrasting material, other than those used to pave the parking surfaces and drive aisles, as approved by the Planning and Development Department.

20

Planning Commission Minutes for February 7, 2019

4. There shall be a minimum 5-foot-wide detached sidewalk along 17th Street with a minimum 5-foot-wide landscaped strip located between the sidewalk and back of curb and shall include a minimum 2-inch caliper shade trees planted a minimum of 20 feet on center or equivalent groupings along both sides of the sidewalk, as approved by the Planning and Development Department.

5. Minimum 3-inch caliper trees, planted 20 feet on center, or in equivalent groupings, shall be planted along the side yards adjacent to residential zoning to provide screening for adjacent residences, as approved by the Planning and Development Department.

6. The developer shall install secured bicycle parking at 0.25 spaces for each residential unit and a minimum of four inverted U-bicycle racks for guests located near entrances to the building, installed per the requirements of Section 1307.H. of the Zoning Ordinance, as approved by the Planning and Development Department.

7. The surface parking lot area shall be landscaped with a minimum 2-inch caliper shade trees. Landscaping must be dispersed throughout the parking area, as approved by Planning and Development Department.

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

9. 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.

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, 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. THE DEVELOPMENT SHALL BE LIMITED TO TWO STORIES AND 30 FEET.

21

Planning Commission Minutes for February 7, 2019

14. 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.

***

22

Camelback East Village Planning Committee Minutes – January 8, 2019 Page 7

Yes: Jay Swart, William Fischbach, Ronda Beckerleg Thraen, Hayleigh Crawford, Andrea Hardy, Kathryn Langmade, Lee Miller, Ashley Nye, Tom O’Malley and Ryan Trauscht. No: Greg Abbott and Karen Beckvar. Vote: 10-2 Motion approved.

5) Z-70-18-4: Presentation, discussion, and possible recommendation regarding a

request to rezone 0.94 acres located approximately 170 feet south of the southwest corner of 17th Street and Glenrosa Avenue from R-3 (Multifamily Residence District) to R-4 (Multifamily Residential District) to allow multifamily residential. Vice Chairman William Fischbach declared a conflict and recused himself from the item and left the committee table bringing the quorum to 11 members.

Ms. Maja Brkovic provided an overview of the request noting the location, surrounding uses, surrounding zoning, General Plan designation, overview of the site plan and elevations and the staff findings and recommendation. She noted a correction in the staff report which stated that the site was not meeting the landscape setback along the south and north property lines. She noted that the site was in compliance because the area was planned to be improved with landscaping but used as private yards. Ms. Ashley Marsh, Tiffany & Bosco, PA, representing the applicant, provided an overview of the request. She indicated that the proposal was for an additional 11 units and indicated that the neighborhood meeting went well. She expressed that the immediate neighbor to the north once lived in the apartment complex and was happy that it was being developed. She noted the proposal would utilize mid-century modern architectural features, improve the streetscape and add eyes on the street. Ms. Hayleigh Crawford noted that she previously lived in the area and indicated that many people bike within the vicinity and noted that the applicant should consider adding more bicycle parking instead of the five proposed. Ms. Karen Beckvar noted that she had concerns with the height permitted by the R-4 zoning district and asked if the applicant would accept a stipulation to limit the height to 2 stories and 30 feet. Ms. Marsh noted that she would like the stipulation to be specific to new development in the event that the existing building did not meet the 30-foot standard. Ms. Beckvar noted that the existing building should not exceed 30 feet as it would not have been permitted by the current zoning district.

Camelback East Village Planning Committee Minutes – January 8, 2019 Page 8

Ms. Brkovic noted that it would be best to stipulate that the site be restricted to 2 stories and 30 feet to avoid confusion in regard to the existing multifamily development on the lot. Ms. March noted that her client was fine with the stipulation. Motion: Ms. Karen Beckvar made a motion to approve Z-70-18-4 per staff’s stipulations and an additional stipulation to limit the development to 2 stories and 30 feet. Ms. Hayleigh Crawford seconded the motion. Roll Call: Yes: Jay Swart, Greg Abbott, Ronda Beckerleg Thraen, Greg Abbott, Hayleigh Crawford, Andrea Hardy, Kathryn Langmade, Lee Miller, Ashley Nye, Tom O’Malley and Ryan Trauscht.

No: None Vote: 11-0 Motion approved.

6) INFORMATION ONLY: Presentation and discussion regarding the 2018

Camelback East Village Annual Report, with specific regard to the to-do list. Vice Chairman William Fischbach returned and Ms. Hayleigh Crawford left, the quorum remained at 11 members. Ms. Maja Brkovic provided an overview of the to-do-list. The committee discussed rearranging the order of the list and noted that they would sign up to work on specific items from the list to later return to the committee with the results. Chairman Swart noted that the summit and Character Plan should be combined into one item.

7) Public comments concerning items not on the agenda. Mr. Wally Graham, a resident in the village, noted that the committee should not discuss their motions before a motion is seconded. He noted that holding