in good afternoon welcome to the february 2nd 2022 formal meeting of the phoenix city council i will call the meeting to order will the clerk please call the roll councilwoman i'm sorry councilman decisio council member garcia here councilwoman guardado here councilwoman o'brien oh i apologize councilman o'brien here thank you councilwoman stark councilman waring here vice mayor pastor mayor gallego thank you for joining us today mario barajas is with us to provide spanish interpretation services mario would you please introduce yourself mayor thank you hello my name is mario barajas and i will be serving as today's spanish interpreter for the city council meeting i'll now take a moment to introduce myself to our spanish-speaking audience my name is mario barajas come on [Music] thank you mayor thank you so much i will turn to our city attorney after the city clerk reads the 24-hour paragraph the titles of the following ordinance and resolution numbers on the agenda were available to the public at least 24 hours prior to this council meeting and therefore may be read by title or agenda item only ordinances number g6951-6962-s 48297-48321 and resolutions 21988-2199 thank you so much i will turn to our city attorney to provide some guidance on the role of public comment and phoenix city council meetings thank you mayor members of the public may speak for up to two minutes to comment on agenda items comments must be related to the agenda item and the action being considered by the council general comments that go beyond the scope of the agenda item must be made during the citizen comment session at the end of the agenda speakers must present their comments in a respectful and courteous manner profane language and personal attacks on members of the public council members or staff are not allowed a person who violates these rules will lose their opportunity to continue to speak thank you the phoenix city council provides an advisory role to the state of arizona on liquor licenses vice mayor do we have a motion on liquor licenses motion to approve items 1 through 37 except item 17 noting that item 36 has been withdrawn second we have a motion and a second any comments all those in favor please say aye aye aye aye aye the opposed please say nay passes unanimously item 17 is in councilwoman gordado's district so i will turn to her thank you thank you mayor this has historically been a problematic gas station for the area so i am very excited and glad that the new owners are stepping up to sign a good neighbor agreement this will ensure open communication collaboration and quarterly meetings with stakeholders in the area i wanted to thank the new owners of this location for working with our neighborhood groups their corporation their cooperation will really help further our efforts along 27th avenue and with and with that i'd like to make a motion to approve item 17. thank you i heard a motion did we have a second second vice mayor wonderful second from the vice mayor i'll um roll call i'm sorry yes decision yes garcia yes yes o'brien stark yes waring yes that's door that says nine zero city clerk are we ready for ordinances resolutions new business planning and zoning yes mayor vice mayor do you have a motion motion to approve items 38 through 81 except the following items 41 50 55 73 74 75 76 77 78 79 80 and 81 noting that item 71 is continued to april 6 2022 and excluding these items for public comment 41 47 73 75 76 77 80 and 81. we have a motion and a second any comments roll call i'm sorry yes to cco stark yes waring yes pastor gallego passes nine zero item 41 is in councilwoman o'brien's district councilwoman mayor i may make a motion to suspend the rules and take item 41 out of order to be heard after item 75 so that it may be heard along with two other related items second we have a motion and a second all those in favor please say aye aye aye aye any opposed nay unanimously item 41 will be heard with related items after item 75. we next move to item 47 a resolution to declare june 19th of each year as a dedicated designated city holiday known as juneteenth day we do have many members of the public with us here today including many who have been involved with the city cities and the state of arizona's remembrance of june 19th and who have been great leaders in this area so we will begin uh this item with public comment we will start with jean blue by lynette campbell good afternoon mayor and members of the city council thank you so very much for this opportunity to speak i serve as the chair of the martin luther king jr celebration for the city and also as the president and ceo for arizona oic the struggle for freedom on the part of oppressed people in general and the african-americans in particular has developed slowly and is not going to end suddenly privileged groups rarely give up their privileges without strong resistance the basic question that confronted our community our oppressed and enslaved ancestors as well was how to retain history and truth if we succumbed to the temptation of using violence and the struggle for justice we would live in bitterness and our legacy would be an endless reign of chaos thank you very much city council for exercising your authority your opinions and in making this holiday juneteenth a holiday for the city of phoenix and a paid holiday we know the darkness cannot overcome darkness as our leader in many areas said that only light can do that hatred cannot overcome hatred only love can do that at a time when we are looking at certainly a great deal of division and hatred particularly as it relates to our vote we are concerned that we exercise love thank you thank you thank you so much for your leadership in the city of phoenix um i am not seeing lynette campbell our chairwoman of the valley of the sun juneteenth celebration so we will go next to mel hannah followed by carol coles henry and mayor can you hear me we can thank you okay uh apologize for not being in person um i cannot have said any more eloquently uh the comments by mr james blue in terms of supporting the city the mayor and the council's authority to create this paid holiday for the city of phoenix this only let me add that i am coming before you uh with the support and endorsement for this action from two organizations that i do actively am actively engaged in one is the arizona commission of african american affairs it's only one of seven commissions so instituted in any of the states i am currently the vice chairman so the arizona commission of african american affairs very strongly endorses uh this agenda item and recommends highly that the council consider it also the uh oldest civil rights organization in the country i am here today on behalf of the arizona naacp uh i currently serve as the chairman of the state naacp civic engagement council but i'm also today with full authority uh sharing this support by our state chairman the honorable charles danielle so mayor and council i just wanted to add particularly my personal support and certainly to share with you those two organizations strong support and endorsement for the positive action on this agenda item thank you so much for those important comments carol will be next followed by dr ann hart good afternoon mayor gallego vice mayor pastor and council members my name is carol coles henry and i'm honored to be here to make remarks in support of this resolution to establish juneteenth day in the city of phoenix i salute you mayor for bringing this agenda forward juneteenth is also known as national independence day emancipation day and jubilee day among others an educational and cultural institution to commemorate freedom justice and equality who can argue with the city holiday to commemorate those things that are even more important today as a 25 year old change agent in waiting i moved to phoenix and began my career in phoenix city government in 1980 the educational and cultural institution known as juneteenth was the city-sponsored priority in partnership with ms vernell coleman an arizona history maker in the juneteen planning committee after many noon lunchtime meetings at miss coleman's home and with city and state leaders community and others i was educated about how justice and freedom were delayed and denied and the impact on african americans we didn't celebrate juneteenth in pittsburgh where i was born nor was it taught on our school curriculum as a descendant of slavery this holiday is important to me and i can't imagine my ancestors not being notified of their freedom for two years after the rest of the country juneteenth honors the emancipation of enslaved african-americans in the united states a rich phoenix connection is embedded in history in the lives of people who struggle as americans to fully integrate into all aspects of society many of these issues around freedom equality and justice continue to this day is important especially now during these times when so many are trying to rewrite and eliminate significant parts of history mayor and council you have the opportunity today to continue to demonstrate your commitment to memorializing the true spirit of june 10th by creating this city holiday our city needs to recommit today to an accurate account of history equality and freedom thank you [Music] thank you doc dr hart will be next followed by michael kelly good afternoon mayor gallegos and city council members i am dr ann hart i am a strategic engagement advocate and i have been in the city of phoenix for 41 years my husband is a native of of phoenix arizona and we both are here to talk about the importance of juneteenth because it reminds us of what we came through and what we can achieve and what we're able to get out of bondage and slavery as a nation it is an important reminder and it is important that we understand what it took it is also important if past the june jeep holiday should not only exist but should survive this holiday will allow each generation to reflect what more there is to do june t for all of us is to think about the meaning of freedom for african americans in particular as well as to the nation and the rest of the world i want to thank you again mayor gallegos for this resolution to city council and for the city to recognize juneteenth as a city holiday and be the first city to represent it as a jubilee as in the words of martin luther king now is not the time to be silent about the things that matter the most thank you thank you so much michael kelly will be followed by gershom williams mayor gallego vice mayor pastor and distinguished city council members this testimonial is to support your efforts to make juneteenth a paid city holiday i had the pleasure of knowing the late vernell coleman a phenomenal community organizer and advocate for the poor and elderly community she helped organize the st mary's food bank and served on the board but included in her legacy was reviving the juneteenth celebration in phoenix neglected since the early 1940s miss coleman started a small juneteenth celebration at dunbar elementary school in 1968. she remembered the good times that juneteenth was celebrated in her texas hometown and wanted to bring that kind of event to phoenix unfortunately not enough people today remember this remarkable wonderful woman who dedicated her life to helping others and helped grow the phoenix juneteenth celebration to what it is today in the name of vernell coleman i support the resolution to declare june 19th of each year beginning in 2022 as a designated city holiday known as juneteenth day and to have it be designated a paid holiday in the city of phoenix thank you thank you mr williams will be next followed by lynette campbell greetings uh distinguished members of the city council uh my name is professor emeritus gert sean williams still struggling with cole here i'm calling in in support of item 47 on the city council meeting agenda this afternoon i was introduced to juneteenth holiday back in the early 80s by my mentor mr richard e harris who was the first african-american to also work for the hungry public newspaper um i have i was kind of appointed gmt spokesperson about 16 years ago by mrs lynette campbell and i'm still operating in that position today i attended the first uh national juneteenth planning planning conference in tulsa oklahoma this past summer and i plan to attend the 2022 convention in galveston texas this year so um i've been involved with june 10th for almost 40 years in the state of arizona and i was present when mayor kate allegro signed the resolution last june and we read that resolution at the juneteen festival at eastlake park and i was very proud to be a part of that event so i want to just join with all those speakers before me and say that i am in support of a paid city holiday i am endorsing this resolution and i strongly encourage each and every council member pass this legislation for the city of phoenix for the state of arizona and as you all know we have a national holiday now june 10th as may was made a federal holiday by president joe biden signing the resolution last thank you for listening all thing thank you so much for your service now we will turn to lynette campbell having a hard time hearing you all right second you should just go around lynette campbell can you hear us we're meeting them followed by [Music] we can hear you can you hear us it won't be over here by that time no they went to my heart they were okay well we are very appreciative of lynnette's service as director of the valley sun juneteenth celebration and acknowledge her important role in getting us to where we are today i will turn to the vice mayor for a motion i am very proud to make this motion today and would like to thank those that have spoken on behalf of june teen day uh my motion is to declare june 19th of each year as a designated city holiday known as juneteenth day thank you so much we have a motion in a second i want to say thank you to everyone who has gotten us to where we are today it is exciting to know that our city has been celebrating juneteenth since 1911. and i want to particularly join others who have recognized vernell coleman long time community leader who really helped revive the the modern celebration starting at dunbar elementary with our matthew henson residents um apparently in in her daughter cookie coldman shared with me that she put previous mayors to work uh sometimes cooking in in support of major events so i'm hoping to keep up the standard i want to thank all those on the committee who have worked so hard to honor the history it is my hope that we will have our young people at the forefront of this important cell day celebration and that it will be a great opportunity for the city to honor juneteenth what it means where we've been and a positive indicator of how we want to build our communities going forward establishing this day as a holiday reminds us of the past what lets us know that change is possible when we work together and helps us see that we can create a more positive future through responsive policy making may we make it a day on not a day off i look forward to joining the many other jurisdictions including our federal government that have this annual celebration council comments councilwoman atari thank you mayor echoing what you said i think this is such a historic day for phoenix the fifth largest city in the country moving forward with recognizing juneteenth as an official holiday deserve celebration and reflection i'm so proud that phoenix is taking the step just after our federal government also made this change in 2021 this was adopted through the juneteenth national independence day act making juneteenth the first new federal holiday since martin luther king day four decades ago more importantly i hope that this sends a very clear message to every city of phoenix employee and resident that phoenix will not shy away from our past and now more than ever that we will respond with actions that honor truth and a brighter tomorrow again very excited to support this item and with that i'll be voting yes thank you thank you councilmember garcia thank you mayor i am proud to support this resolution especially as we kick off black history month the recognition of black history is a crucial step in understanding the issues that the black community faces today and understanding the history we can take concrete steps to continue to eradicate the inequities that continue to affect the black community today we continue to see this report disproportionate numbers um in the homeless population in the incarcerated population and i hope that we not only you know obviously support this day but continue to look inwards and make sure that the inequities that we may be responsible for are eradicated and so with that i'd be excited and thankful for all who came and spoke today and worked to make this happen and excited to vote yes on this thank you thank you so much also want to acknowledge cookie coleman dr josephine pete dr will counts and carol cole henry for helping us prepare the history and understanding of the phoenix commemorations in the past any additional comments roll call accounts vice mayor sorry i just want to thank all uh everybody that spoke uh they have been in the the fight uh for a very long time and it's nice to hear and see their voices and still see their activity and activism within our community i am now hoping that uh through many of their programs that they have and uh mentoring that a new uh youthful group will start assisting in taking on these tasks within our community and taking on the fight uh for freedom in different many in many different ways so i just want to say thank you to them thank you so much roll call i'm sorry yes decisio yes garcia yes pastor yes gallego that says nine zero nine by unanimous vote juneteenth 2022 will be a city of phoenix holiday thank you to everyone who worked so hard to get us to this point although our work will continue speaking of important work we move on to the fight against covet 19 item 50. i'll turn to councilwoman and sorry so much mayor i just want to echo my um support for this item this the work that the city of phoenix has been doing to combat coven 19 has been fantastic we know that when federal support hasn't been able to equitably reach our communities and there have been barriers and accessibility in particular cities have stepped up phoenix has been no different and the numbers speak for themselves um especially this latest uh piece around getting the at-home covet test in k and 95 mass i just really want to thank our city manager jeff barton and everyone who's worked to make that happen this last saturday my office held a covid 19 vaccination and resource fair pop-up and we got to actually utilize some of these kits for the first time at least for us personally and it was so well received by the community we were able to get about 400 people vaccinated and tested at cartwright elementary school we gave out 400 of the rapid at-home tests provided by the city of phoenix about 2000 k and 95 mass as well as 100 of those 31 day bus passes that we funded last year through the american rescue plan dollars all of that for free we also saw a great success having written utility assistance and case intake available at these sites which again is one of our city of phoenix programs so i hope that this type of approach can be replicated across our testing van sites and ramped up during the summer when we expect more of our arpa dollar driven programs being open and available so i want to really again thank um the city for doing this and hope that we can combine all of these efforts and bring together the various resources that we're providing as a city in one package so thank you so much and with that i motioned to approve item 50. second is that emotion okay second wonderful we have a motion in a second i am looking forward to supporting it as well i'm so thankful to the healthcare workers who are out there continuing to fight this and i hope our 15 million dollars towards testing and 10 million for at home testing will go a long way towards controlling the pandemic in phoenix thank you to everyone who worked on this including our city staff who really prioritized expediting getting this to a vote today it's been two years plus and i'm grateful for all the work our city continues to do council comments roll call i'm sorry yes to cco yes garcia yes o'brien yes stark yes waring yeah pasteur vallejo passes nine zero another nine great to have a unanimous vote as we continue to fight covet 19. item 55 is downtown redevelopment area plan update consulting services vice mayor imove item 55 downtown redevelopment area plan update consulting services okay we have a second from councilwoman ansari noting that councilwoman stark will not be participating in this vote any comments roll call i'm sorry yes decision yes garcia yes guardado yes o'brien yes waring yes pasteur vallejo passes eight zero oh we next move to the planning and zoning portion of our city council meeting i want to congratulate alan stevenson who has served the city as our planning and development director and is now here for his first council meeting as deputy city manager he and his team will be presenting several items and i'll turn to him to begin the public hearing for the walkable urban code expansion and fee schedule update item 73 thank you mayor members of council on uh with me i'm here today is josh bainer the deputy director and adam schineri planner three who both have worked on this walkable urban code text amendment i thank them for their hard work and i'll turn it over to adam for a brief presentation and then we'll be happy to answer any questions thank you are you waiting for me all right we will open the public here and mayor my apologies we have the presentation up now go ahead good i apologize mayor members of council thank you for having me here today cta 319 is a proposal to modify the boundaries regarding where the walkable urban code may be applied in 2015 when the city council originally approved the adoption of the walkable urban code that code was permitted to be applied within the boundaries of the five reinvent phoenix tod districts which are shown on the map on the screen those five districts were also defined and described in individual tod policy plant areas for those tod districts since 2015 the city has undertaken multiple efforts to both expand the transit system and engage in related planning efforts throughout the city which has led us to the need to expand the applicability of the code starting in late 2019 planning staff began crafting the text amendment to address those planning efforts and expand the boundaries accordingly the original version of the text amendment proposed allowing the woo code to be applied for city-wide and adopt related administrative changes to support that proposal public hearings began in july 2021 at the village planning committees and with their recommendation items coming in october and during those hearings uh staff did hear concerns uh regarding a proposed citywide expansion and we went back to craft revised proposal to directly address those concerns that resulted in the addendum b staff report that you have before you today we did bring that staff report back to the villages in december and january where we heard strong support for the revised proposal the support was echoed at the january planning commission where we received a unanimous eight to zero vote in a recommendation for approval and we want to thank those bodies for their input particularly the villages who over time hosted 42 individual meetings to look over and review this issue with us so the map that we have on screen now represents the revised applicability boundary that's presented in the addendum b staff report and in addition to the five original reinvent phoenix tod districts there are six new planning areas that have been added to this map the common thread with all of these 11 total districts is that their geography is defined in either phoenix city council adopted policy plans federal transit administration or fta grants or they're adjacent to existing valley metro light rail stations as is the case with the 50th street station area which is on the eastern edge of that map moving clockwise from 50th street i just want to highlight we get to the south central planning area where staff has been working extensively with community members including the south central committee steering committee and are working towards the adoption of the south central t community plan which should be coming to council this year at some point moving on the capital extension and i-10 west extensions are planning areas again defined in fta grants moving further the 19 north extension is an area that's defined in the april 2021 city council adopted tud policy plan for 19 north and we want to thank our community partners there as well including shannon mcbride who helped with a lot of the efforts there ending at the northwest extension phase 2 which includes the metro center where i want to highlight there are many redevelopment efforts underway in the surrounding area which include the adoption of the metro center pud which relies on wuco development standards within it with that we respectfully request your approval of zta 319 for the planning commission recommendation for the reduced applicability area and adoption of the related ordinance i just want to say thank you and i'm happy to answer any questions mayor thank you before we begin public comment did we have any questions i have a quick question and then i'll let the vice american make a motion i just want to put on the record that you would have to apply for this particular zoning correct and go through a rezoning process so there'll still be neighborhood input available correct mayor councilwoman stark yes that's correct this proposal does not include any revisions to any existing application processes any other existing policy plans and they would still need to property owner would still need to apply through the rezoning process as it stands today to request a transect in the loop code thank you i appreciate it i just want to get that on the record thanks thank you and and thank you for the staffs all the effort put into this and making sure it meets the community's needs adam more than 40 meetings is very impressive we do have four members of the public two comments so i will go to them and then turn to the vice mayor we will begin with shannon mcbride and shannon will be followed by cindy greger hello mayor and council thank you for the opportunity to speak in front of you today um my name is shannon mcbride i'm the executive director of 19 north community alliance and i'm speaking in favor of item 73 um to expand the use of the wu code i um my understanding is it does like councilwoman stark said it becomes an op an option on the menu that developers and can use and planning can use as appropriate particularly along light rail development i've had the privilege of working with city planning and community members to create our 19 north policy plan and the woo code is paramount to the success of that vision and our plans and i'm also excited about what we're going to get to do at metro center the same sort of redevelopment and moot code will be so important for that as well so um thank you for letting me share and i'm very hopeful that you will pass this and we'll have woo code as a as an um an item on the agenda that the excuse me on the menu that planning and developers can use as we're continuing to make a walkable urban community for people to enjoy so thank you thank you so much ms graber will be next followed by bramley paulin uh mayor and city council members or can you hear me yes we can perfect thank you um i request item 73 to amend the city code ordinance g6962b to nine today and submit it at a later date for public vote the reason why i feel this way is a change this substantial affects every property owner in central phoenix central phoenix is historical area and needs to be preserved nine of the village planning committees denied the approval of this proposed change all nine had substantial interest in the area the six that approved the change had areas which had not been impacted city council you appointed individuals to the villages and you are not listening to their decisions there has been no outreach to my community no one knows about the possibility of the substantial change these neighborhoods are established neighborhoods some dating back to 1920s decisions like these will directly impact the character of these their neighborhoods people purchase their homes based on existing zoning laws without consulting with your public you are directly impacting the character of neighbors and property values thank you thank you bramley will be next followed by ryan boyd yes good afternoon it's really unfortunate that the city management has intentionally played hide the ball when it comes to this proposed policy change no notification to neighborhoods there's been no public outreach whatsoever what happened to open and transparent government of the approximate 150 village committee members out of about 1.6 million citizens an overwhelming majority voted to deny this proposal staff then amends the policy returning to the re the revision only to the village to a few village and then not give the village an opportunity to vote what a slap in the face while it may make sense to promote higher density development adjacent to light rail stations there should be no expansion of the root code beyond land parcels that are immediately adjacent to the our arterial streets in which light rail is constructed unless and until neighborhoods are afforded the opportunity to review understand the impacts and approve the expansion of the roof code into their neighborhoods podium-style development for multi-family must be implemented which places the building over parking rather than the open parking lots that most multi-family developments use today this would not only reduce the heat island effect but podium style creates a more managed control of people and that will ultimately deter crime i bring up the importance of crime reduction through design since neighborhoods that are adjacent to light rail have experienced a significant increase in crime you were all well aware of this fact as council has approved the expenditure of millions of dollars of additional security and policing in an attempt to lessen the skyrocketing calls for service that have crept into neighborhoods and area businesses because of light rail operations i ask you to limit the wu code expansion only to land parcels that are adjacent to light rail stations and not the proposed half mile thank you [Music] thank you ryan is next followed by shannon scootari good afternoon mayor and council for the record ryan boyd with the urban phoenix project uh in support of item 73 and the reason that we're in support here is that we think that the addendum b is the most sensible common uh compromise that we have here and the least of what the city can do um it's been widely agreed that the likelihood that it should be a long light rail for the wu code it is something that has been discussed as noted here as only a option it makes this legal to request does not provide anything by right and it's really necessary because there are parts of the light rail that currently it is illegal to basically ask for the woo code and there are parts of light rail under construction or under design that probably need to start having that kind of walkable urban fabric designed we often find ourselves in the chicken in the egg scenario where we are asked where is the density for public transit and then told that we can't have public it can't have density until we have public transit this is something that is a key step to really making it so that we can have a city that is vibrant that is walkable and really is again a choice by the neighborhoods um we would know that there's a lot of things that we still have to do there's a lot of the city of phoenix that you can't build anything more than the single-family detached housing we know from the 2020 housing plan that called for expansion of the walkable urban code and the 9-0 vote that we can't build enough housing units using single-family detached housing alone so we need to legalize more of these mixed uses more fees different items that allow for duplexes and other items just to make sure that we can actually meet that demand create the vibrant communities that people want and allow it addendum b is solely along the light rail just as the current expansion the current districts are within that half mile and we would very strongly uh ask this council to vote yes on item 73 thank you for your time thank you for your testimony shannon will be our final speaker on this item shannon the floor is yours thank you good afternoon mayor gallego vice mayor pastor members of the phoenix city council i really appreciate you allowing me to express my overwhelming support for agenda item number 73 the adoption of the ordinance for walkable urban code expansion uh first um well my name is chance qatari uh first i would like to recognize your incredible policy work and the city of phoenix staff's dedication and expertise frankly for many decades to get us to the point where we are today at the point where we're seriously discussing and hopefully adopting the walkable urban code in phoenix's transit oriented corridors you are to be commended for following the will of your voters and investing in transportation choices and mobility options throughout the city in the entire region that are allowing your residents and your employees to get to where they need to go without having to own a car as you know housing affordability is intertwined with transportation affordability they are inextricably linked the housing and transportation affordability index shows us that car ownership costs for excuse me six to eight thousand dollars per year and access to other transportation options that allow families the opportunity to get rid of at least one car and spend that much needed income on other important life necessities such as food health care education potentially even invest in their retirement is critical and adopting this walkable urban code will better contribute to the city's housing and transportation affordability by better connecting your residents employees students and visitors to this multifaceted transportation system you've invested in you have been successful in so many ways in pushing things that are truly allowing the residents of your communities to be healthier and to actually have a much better quality of life in my opinion this is the beginning you should approve and adopt this walkable urban code but you should also commit the necessary staff resources to prioritize the successful implementation of it and also invest in black indigenous and people of color housing developers to build these walkable urban communities thank you very much for allowing me to speak today thank you so much that is our final testimony we'll close the public hearing and turn to the vice mayor thank you thank you um a motion to approve per the planning commission recommendation for the reduced equitability area and adopt the related ordinance second we have a motion and a second council comments vice mayor followed by councilwoman and sorry my question is there were some comments made earlier regarding public uh participation or public uh comments within the neighborhood within their area and neighborhood for the walkable urban code my understanding is that that is part of the process they just want to have some clarity on that mayor vice mayor pastor you're correct as as adam said in order to actually use the walkable urban code on any of these parcels within the the revised boundary the property owner is going to have to go through the rezoning process which as you know requires public outreach presentations before the village planning committee planning commission and city council thank you and then the second question is it did sound like i want to say it was 80 but it may be off maybe it was 40 public hearings throughout the city plus the village uh mayor uh vice mayor pastor members of the council yes that's correct there were 42 meetings with the villages that included three rounds information items recommendation items and then a third round with the addendum b staff report in addition to i believe approximately five planning commission meetings uh and private meetings of course with other community leaders and groups okay so if anybody within that area where it was being affected they could have attended a village meeting and expressed their concerns regarding the luco uh mayor vice mayor uh past story yes that's correct third question i think this is my last one my third one was i had heard that nine of the villages uh denied it and then we went back with an amended uh wu code and then at that point it passed is that correct mayor vice mayor pastor we made a modification to the proposed text amendment boundary based on the feedback we had heard from the village planning committees which which included the nine recommendations for denial in conversations with the planning commission when we brought that revised boundary to them we gave them assurances that we would go back to each of the village planning committees to let them know about that change the commission at the time was uninclined to remand the text amendment back to the village planning committees but wanted at the very least that they know that we were responding to the concerns that we heard and we see we see that reflected in their eight to zero vote okay so you informed the the villages it just didn't go back you informed them about it and then it moved ahead mayor vice mayor pastor that's correct thank you mayor thank you councilwoman ansari thank you mayor um firstly thanks josh and team for the presentation and vice mayor pastors questions i think that really helps clarify that there was a very robust public engagement process and i'm glad that there was a compromise for me i'm a firm believer that if we are to tackle our housing crisis the climate crisis our traffic issues that we need in urban code that prioritizes walkability bike ability and density especially around our transit oriented communities and again because this plan is a compromise and a choice by the neighborhoods i think it's a common sense stepping stone to address some of the issues that i addressed earlier we know that denser walkable mixed-use communities increase access to amenities to opportunities jobs education and i really look forward to the success that i know we will see in these areas that do adopt the walkable urban code this won't be the last time that we take on this expansion and i really hope that next time we update our code more communities and neighborhoods will say hey i want that in my neighborhood so i'm excited to support this today thanks thank you any additional council member comments councilmember garcia thank you mayor just want to echo some of the things i've already been said this is an important important tool that will also support the tod plan that our constituents from district 8 district 7 worked on with the south central extension and so just want to echo support and excited to go yes on this and hope we continue to look for ways to expand it thank you any additional council comments our residents have said they want us to prioritize accessibility affordability and sustainability to me this is a valuable step forward in doing that it allows us to really look at how streets work and use form-based tools to consider the character of a neighborhood i think it will be a valuable tool as we try to move the city forward so thank you to adam josh and everyone who put time into working this as well as our village planning commissions who spent multiple meetings in our planning commission trying to get a good tool for the city roll call i'm sorry yes decision no garcia yes yes o'brien stark yes waring passes seven two we next go to item 74 which is in district 2. we will have a brief staff report thank you mayor item 74 is z 59 21-2 a request to rezone a 31.97 acre site in council district 2 from klam community district and north by canyon overlay district to c2 intermediate commercial in the north black canyon overlay district for a multi-family residential development the planning commission heard this case on december 2 2021 and recommended approval for the staff recommendation with an additional stipulation and remanded the case back to the north gateway vpc for reconsideration by a vote of 72. the north gateway vpc reconsidered the case on january 13th 2022 and recommended approval by a vote of two to one staff recommends approval of item 74 per the planning commission recommendation and adoption of the related ordinance may or happen to answer any questions thank you we will open the public hearing we do not have any members of the public to testify so i will close the public hearing councilman waring hi yeah mayor are you ready for a motion we are okay motion to approve for the planning commission recommendation and adopt the related ordinance second we have a motion in a second any discussion so further investment in housing at a time when our city is very desirable for housing roll call i'm sorry yes decisio yeah garcia yes o'brien yes stark waring yes pesto i apologize pesto thank you gallego passes 9-0 we next move to item 75 which is a public hearing for the southwest corner of 40th street in monte rosa we'll turn to joshua staff report thank you mayor we have a few slides on this one item 75 is z 60 21-6 a request to rezone a 0.63 acre site and cancel district 6 from r16 to r3 to allow for a multi-family residential development there's r1z r16 owning to the north and west and c2 zoning to the south was co zoning to the east the proposals for an eight unit multi-family residential development with parking and vehicular access proposed on the southern portion of the site the proposed building renderings depict a town home style development with maximum building height of two stories and 27 feet the camelbak east village planning committee heard this case on december 7th and recommended approval for the staff recommendation with a modified stipulation by a vote of 15-0 the planning commission heard this case on january 6 and recommended approval for the camelback east village planning committee recommendation with an additional stipulation by a vote of 8-0 the planning commission recommendation was appealed on january 11th and a petition for a three-quarter vote was submitted a three-quarter vote is required staff recommends approval of item 75 per the planning commission recommendation and adoption of the related ordinance they are happy to answer any questions thank you any council questions or comments before we begin the public hearing this is one of several items where we will have public hearings with five-minute presentations from each side followed by members of the public commenting for two minutes with the five minute presentation the first speaker can resu reserve two minutes at the end to speak and in this case the first speaker has asked that we would stop at three minutes and have two minutes later we will open the public hearing we will have first a five minute presentation from brian greathouse on behalf of the applicant and then a five-minute i'm sorry three-minute presentation from brian and then we will turn to patty mathis um on behalf of the opposition brian the floor is yours thank you mayor can you hear me okay yes we can i appreciate the time today to present our case for your record this is brian greathouse from the law firm birch and krakiolow address is 1850 north central i'm here on behalf of chapter 2 llc who's the owner of the property and the member is jeff edlin who's also on this call as josh detailed this is a rezoning request for three lots to facilitate the development of eight new town homes it's important to point out that two of the lobsters owned are three today and one is zone r16 so the total entitlements are for six units on the site today so what we're asking for is essentially two additional dwelling units with part as part of this rezoning request we agree with all staff's findings and we certainly appreciate staff's recommendation of approval and our unanimous approvals um at a village and planning commission and we accept all the stipulations in the staff report in the draft ordinance next slide please so this site is very uniquely positioned compared to the other lots in the neighborhood it's adjacent to a high volume shopping center which is anchored by cold beer and cheeseburgers on the south and there's a dental office existing on the east side so as detailed and staff's report on page 10 we agree that this proposed development will provide a buffer and an appropriate transitional land use and we've read through some of the opposition's emails and we've noticed that they've also complained about noise and nuisances from the commercial uses to the south which is exactly why we believe this is an appropriate transitional land use with r3 zoning next slide please the two easternmost slots have been zoned r3 since 1950s and there were two 65 year old dilapidated four rent apartments there unfortunately an electrical fire occurred in one of the buildings and our client tore it down the parking for those multi-family units have been off of the alley on the south since the 1950s that there's one existing single family home on the westernmost lot and that was built in the 1950s and it also has the same deferred maintenance issues and it's very dilapidated and we believe it needs to be torn down next slide please so my client jeff began working with his longtime friend joel contreras he may know as an award-winning local designer with the with a goal here of designing the nicest town homes in arcadia jeff joel and their architect jason comer focused on curb appeal inviting front porches open floor plans and what we call a desert modern design and you have reached three minutes would you if you'd like to reserve two minutes we can stop now or you can keep going and finish off your five um i thought i okay well i'll rather save two for rebuttal thank you wonderful thank you for your testimony we will turn to patty hello can you hear me yes we can great thanks hi mayor hi uh council members thank you very much for hearing me and i do want to take a second just to commend the uh city hall for all the help that they have given us as the neighbors of this property um first i would like to say that um that lot has been empty for seven years plus some the i think the fire happened before jeff edlin bought the property so it has been that way for quite a while um jeff edlin bought that property seven years ago and has done nothing he has done nothing to connect with the community he's never come out to meet anybody to say i bought this property and i'm going to be doing something to develop it he's never connected to ask us what are you all interested in you know this is an r3 property of course we do it was an apartment that that sort of 1950s ranch style one bedroom or studio apartments which of course with traffic and parking and whatnot would have probably meant that there was one car per unit so um that is just something to consider when we are now thinking that each unit that he is planning on building is going to have two bedrooms two bathrooms and they have 16 parking lots in the alley planned for those eight units so um so i just want you to know that that lot stood empty for a long time and it has gone through multiple violations which as you can see now on the presentation we i i'm showing you some of the violations which are continuing i don't know why the case was closed but it continues that there are cars parked there illegally every day and especially on the weekends and i don't see i mean i really don't understand how um uh brian greathouse could be saying that building these is going to fix the parking problem because it's really just going to overflow into the neighborhood so that's really not a solution in my opinion um i also want you to know it's very important please i want to explain to you that this the the sign for the zoning hearings was posted on the empty lot when you look at that presentation of um the lot and then the single family home they are separated by a brick wall and the posting is on the empty lot so yes the neighbors saw the post and we're all probably like yay finally something's going to happen there uh seven eight nine years later but there was no indication in front of a single family home that showed that this was what is the zoning change really about do we really want to lose a single family home in our neighborhood single-family homes always increase the property value whereas multi-family dwellings especially this long row house style property does not fit into the character of our street this is not 40th street this is monterosa street it is a residential neighborhood we have 12 kids on the block riding their bikes playing ball we have we do have one resident here with an adult child of special needs who does he acts as a pedestrian all around the neighborhood and he is that that family is not exactly they're not pleased at all that there is going to be this sort of parking situation there now so i want you to understand why the neighbors did not speak up at the village because we really didn't understand that this was a single family home that was going to be zoned r3 of course this was all busy time holidays covid et cetera so i'm here to tell you now that we are here to oppose this as being an eight unit structure that is going to knock down and re-zone a single-family home we can never get that back once you change that zoning we can never get that back and that is a big loss to our neighborhood we do have valuable housing in this neighborhood i know there is one picture on my presentation that shows the neighbors houses they're well kept there is not dilapidation down the street it is that one property that jeff bought two years ago see that one right there okay those are the houses the neighboring houses even if you drop back one slide then um you can see that so that single family home there to the right jeff bought that two years ago and again he never reached out to the community like i beg of you council members you are here for us for us residents jeff edlin doesn't even live in arizona he's from nevada he's never reached out to us to say what would be good in this neighborhood and as you can see in that picture yes that is the eisenberg um uh you know entertainment area behind there but um that that alley is a residential alley and if you even drop back another slide or two there's that billboard in that one picture as you can tell yes right there so this is the um dentist parking lot right there and um that um alley that will be a blind turn there as cars will probably be turning into that alley because there are 16 parking spots and cars might be pulling out of that alley and that's 40th street um council people and mayor there have been accidents on this area so much because of the eisenberg property and i think this mass structure and yes he can build a structure on the two r3 lots why didn't thank you so much for your testimony on that and for our staff i am looking at that picture and we'll have a question about about traffic safety once we've uh completed the public comment uh we will now go to two-minute public comments we'll begin with i'm sorry yes do we a council councilwoman o'brien do when do we give the um the applicant time to rebut i believe the applicant would like time at the very end i'm sorry i just was confused thank you all right and speaking of the applicant uh we will begin with let's see jason comer followed by chris buckley and then we'll go back to the applicant's attorney at the very end thank you miss mayor uh my name is jason comer i'm the architect on the project 3104 east camelback road number 126. obviously i support the project just here in case you have questions and if i would donate my time to a lawyer on the case thank you thank you chris will be next followed by jeff edlund uh good afternoon council uh my name is chris buckley uh everyone hear me okay yes we can wonderful thanks i'm i'm a realtor uh i've been living in this neighborhood for 15 years right at 40th and campbell and up and down 40th street all the time i believe this product is outstanding i believe adding additional luxury town homes is critical to our housing supply in the neighborhood a similar product right there at 40th and campbell as well uh i followed joel contreras design and i think he's phenomenal and i believe uh counter to what the opposition is saying jeff has spent seven years putting together uh a better project for this piece of land and it doesn't happen overnight we've built houses ourselves and it takes a little bit of time so i actually appreciate his effort and his time and consideration to put together a product that made sense for the neighborhood we have a housing supply issue uh that's that's critical every day i see it and people that are looking to move into our neighborhood that don't have the ability to get in and little starter homes all of a sudden are a million dollars jeff is in his chapter two program is putting together something i think is a phenomenal asset for our neighborhood uh a different price point a luxury development and the fact that they've put the design with the parking towards the alley is exactly what that site needs i've been going to dr pappas the dentist next door for 10 years and i've been inquiring about that property prior to jeff purchasing it i just think it's a it's a phenomenal product i think the design is exceptional again joel contreras design is a wonderful asset to the project and i'm in full support of this not just for putting something on that lot that's been vacant for a handful years but the fact that they took the time to put together a design that made sense for the neighborhood through housing supply and beautification from the real estate perspective i'm totally on board and i appreciate the time to talk jeff edlund is next followed by zac olic thank you mayor can you hear me okay we can okay great uh i i don't have a lot prepared to say today so i'll defer to my attorney brian greathouse just two things to mention about patty's comments uh number one the fire that she said happened before i bought the property that's not true at all i bought the property in december of 2016 and the fire happened shortly thereafter my plan all along was to continue renting those units in that apartment building until such time i could afford to rebuild and redevelop those run-down apartments with some luxury high-end town homes and unfortunately that fire happened right after i purchased the properties and what i realized that the fire was caused by an electrical panel and i realized at that time was that these all the deferred maintenance on these rundown apartments was really a liability and a liability i wasn't willing to accept by renting those so i made a safety decision at that time to tear down those buildings which today i regret because it seems some of the neighbors um the out of sight out of mind adage is being used against me a little bit there the other thing that patty said that is not totally true i've i've spent um this last week trying to get a hold of patty because i i didn't know patty was in a position until recently so i've sent patti two emails and left her a voicemail this week trying to talk with her and she hasn't returned any of my attempts to communicate so um i don't know what more i can do but uh i i do live in las vegas but i'm i went to arizona state university all of my in-laws live in the arcadia neighborhood and i'm planning on keeping one of these townhomes for my wife and i um as a second home down there so i'm i'm invested from a development standpoint but i'm also invested from a community standpoint i i do have relationships with a number of the neighbors there on monrosa street in that area and i want to continue being a good neighbor thank you zach is next followed by brian hoole do we have zach mayor it appears that we are not getting any audio from zach all right brian is next followed by jeff one moment mayor ryan please proceed i am unable to i hear some noise but hello can you hear me now we can hear you okay sorry it's some issues with the mute button there um thank you brian i apologize uh you're very muffled if you could attempt to speak into the microphone a little more clearly that's my opinion these two things cannot be brought from the truth uh there have been rental units on those lots for over 60 years and replacing them with brand new high-end town homes there's nothing but that due to the uh um lastly i was made aware of some of the concerns of the neighbors regarding parking industry in the immediate area i can certainly understand their position on that issue i would venture to say that real parking issues are a direct result of the huge volume of overflow from the commercial property on the northwest corner street moving by thank you jeff matthew is next followed by wally graham property uh this property uh southwest corner of 40th street and monterey street i have a house about a block and a half away and um when i saw this this project being circulated to me and other neighbors i i was impressed at how well put together the package was there's a website monterosahomes.com and you could see that it's a very high quality high-end set of townhomes there on the property so i thought it was great it's great to have somebody developing high quality housing in the neighborhood so i support this project as it's a minimal change in zoning only changing one of three lots to enable high quality housing which will fit nicely in the neighborhood it's it'll be tasteful there's trees there in the front yards uh front yards and uh parking in the back so less traffic on the street it'll be actually safer because cars will be going through the back alley less traffic on the main street it's going to add a lot of value to the neighborhood so i'd say please approve the rezoning application for the the one lot there to be a r3 i like the other two lots next to it um again this was uh these were apartment buildings and back in the 50s uh which were dilapidated so the developer here is doing something good for a neighborhood the values of the homes are going to go up these uh townhouses are probably going to sell for 900 000 which is the average price of a single family home around there which will push up the value all the neighboring single-family homes so there's absolutely nothing to be complaining about good luck to this developer and thank you for adding it to adding this great development turning right thank you thank you wally is next followed by paul sanchez hello this is wally graham i'm with the arcadia osborne neighborhood association my address is 4331 each weldon avenue just a couple blocks away from this development uh i'm opposed to the development i spoke with the attorney mr great house who was a co-worker of mine at dmv associates uh somebody i've coached so i spoke with him way back in february mr great house cut me off from communications i uh was not communicated with him after i told him that it was not a good idea and for three reasons one is they want to build in the alley that alley is one of three driveways south of monterossa the main busy driveway is the one for the eisenberg property at indian school and 40th 40th street right now is a very very busy street and there have been accidents and and all kinds of uh things going on out there now they want to do a two-lane um alley i don't know it's only a single lane alley and there's still trash pickup in the alley uh it's dangerous for both the drivers coming out on 40th street and drivers going into that alley turning left second thing is this this developer is acting like a victim he has owned that property for seven years and has never taken care of it it's always been an abandoned dirty lot there are 55 violations you can look in city records and see them on this lot uh the latest being don't park on the lot well they have parking there every day and this guy has allowed it to happen i don't believe he's going to take care of what he's installing or what he's doing he doesn't care about the neighbors this is all about him and greed and i would hope that city council would not approve this is totally out of character for the neighborhood thank you thank you we'll go next to paul sanchez and then brian will be our final speaker hello my name is paul sanchez and i live next to this development and i am not in support of this rezone um in support with what had patty had mentioned i would like to add that all the single family homes that were 150 feet away from this rezone signed the petition to force this three-quarter vote by city council so the street of monterossa people that are directly impacted by this are not in support of this reason we even received two commercial properties uh signatures and that is the one uh john pappas who was already mentioned before he signed it as well as a commercial property on indian school um and into someone's point about homes being needed single-family homes are also needed as well so why destroy uh a home that's currently there yes it's in a little bit disrepair but a house just three houses down from mine uh was a hoarder's house and it just sold for 670 000 so i don't think he's going to be hard on cash for that um and so what we're trying to do is we're not trying to stop the project from moving forward we're only asking that the single family lot remains a single family lot because that is what is on monterosa street single-family homes um and so by stopping this rezone the developer is not going to come under any hard times and it's it's only just going to help the community stay a community by keeping a single family home thank you thank you we'll go to brian uh for two minutes thank you mayor members of the council um first time i addressed outreach uh we did a ton of outreach on this uh tom bilstein with bilstein consulting group and his team have over 100 hours knocking on doors calling people back and emailing people to disseminate the information about what this rezone case is about we did meet with mr graham tom and i both did on may 27th and uh wally told us that this area is not even within the aona uh boundaries and what we remember is that he would contact us if after he looked into it he heard if there's any concerns in the neighborhood going through the process we had nine people attend our neighborhood meeting we had two people attend the village meeting and then all of these new um all this new opposition came out last second we've been willing to talk with and meet with anybody who would listen and it's all been positive except for this last minute kind of barrage of opposition the great thing about this rezoning case is that staff was able to implement some stipulations for the approval that would not have otherwise been allowed and so what they've done is they've made street trees or requirements so there'll be a whole bunch of street trees here the west side there's a 15 foot setback rather than the existing one that's only a five foot setback and we're building town homes at the same height is allowed under r16 and r3 and there's a row of trees on the west side provided providing a buffer as well so we really think this is the appropriate land use for the appropriate location and we've heard from the neighbor right next door who told jeff edley my client that he wishes he did not or he regrets he regrets buying a house that backs up to a commercial shopping center thank you while we are in the public hearing do any council members have questions for any of the applicant or the community members all right i will close the public hearing and turn to councilman decisio thank you mayor uh this you know we're going to be dealing with this type of issue for quite a bit as we have a housing shortage in the city of phoenix and as we're just trying to redevelop some areas that you know in the past haven't seen this type of development go in there i believe this is the same jeff edmonds that built the housing at the esplanade and i got to tell you that is about it was high quality when it came in and it's still maintained after what about 15 years the same level of quality and kept the values up in that area so i mean you've got to look at these type of quality projects that are going to be coming into neighborhoods it's not the first it's not the last we're going to be dealing with this quite a bit and as a council we've got to be thinking about that we i also agree that you know you don't want to get into a situation where it becomes a negative on a community but this is not going to happen when you have homes starting in the price range of the 900 000 for attached living that is just outstanding to be able to bring into a community it's going to upgrade the value i'm going to make a motion to support this project i think it's a class a project it's going to be great for the community and it's going to be great for the entire neighborhood there as along with the planning commission with the related ordinance mayor thank you we have a motion and a second from councilwoman stark i do have a question for staff as i mentioned uh with the final slide from patty's presentation it did look like a blind corner coming out of the alley could we speak to traffic safety and whether we have looked at that mayor members of the council it's a great question the the property owner is going to have to pursue a couple of things if they if they are granted uh support for this rezoning request subsequent to today one is going to be a variance they're going to have to request a variance which will require public outreach to secure the ability to do maneuvering in that alley as part of that variance process staff will have an opportunity to work with the property owner to addre to ensure that the the alley is safe and efficient for use and then as they go through our site planning review process one of the requirements that they'll have to have to meet is that a site triangle will be present uh if that if that alley is going to be used for vehicle maneuvering and so they're going to have to there's they're going to have to be some coordination with the adjacent property owner to resolve that that will have to be done before the alley is used for maneuvering wonderful thank you all for paying attention to that we're working so hard to have safer streets do we have any other council questions roll call i'm sorry yes decisio yes garcia yes o'brien yes stark f waring that store yes passes nine zero thank you at the beginning of the meeting we moved item 41 to be heard with companion items so i will um turn to councilwoman o'brien who represents district one for a motion and we do have one member of the public to speak i move to approve um item 41 we have a motion do we have a second yes wonderful second uh from councilwoman i'm sorry thank you so much uh laura bates the floor is yours okay can you hear me okay yes we can okay um my property is 1744 west parsons drive and i'm very concerned with this trend i'm hearing from other areas too that high density housing is being crammed into in by single-family homes we're in a county island we have no representation lawyers won't help us our elected officials have blown us off it's like taxation without representation our homes are our biggest investment and our city officials should be supporting citizens not businesses our lifestyle in the in the county island is country living with all the anonymities of city living i'm going to say these zoning changes because there's a whole big land grab changes our rights are right in front of our front yard i'd ask each of you if you would like to have a million dollar home in front of with these in front of you and i'm also concerned about the traffic this is going to be the fourth time that i've asked for the traffic reports all i'm being told is there isn't traffic issues we've done we've done a traffic study i should not have to file a foia request to get a traffic study we want to know when this was done for the length of it and the data to see because we live with the traffic in that area in the last month or two we have been cut off from jomax because of accidents that were so bad they had to shut down the road and it's just unbelievable that people can say oh there isn't going to be traffic issues when there already are and again this land grab is is really concerning from a community as a whole is that these developments are grabbing all of these pieces of land shoving high density homes into them i'm sure there are many many other places that don't impact single-family homes that these could be thank you questions or comments roll call i'm sorry yes to cco yeah garcia yes yes o'brien stark items 76 and 77 are related items so we will hear them together they are both related to the northeast corner of 19th avenue and happy valley road i will turn to josh for a staff report thank you mayor as you stated items 76 and 77 are companion general plan amendment and rezoning cases and can be heard together but will require separate actions the map that we'll show you highlights the application area for the gpa here in blue and then the area in red is the annexation request item 76 is gpa dv2-21-1 a request to amend the general plan land use map on a 13.4 acre site in council district 1 from a mix of land uses to a multi-family residential designation 15 plus the deer valley village planning committee recommended approval by a vote of 10-0 to 1 and the planning commission recommended approval for the vpc recommendation by a vote of 6 to 2. item 77 is z-4821-1 a request to use on the same site from s-1 to a planned unit development for multi-family residential development the pd proposes 470 dwelling units and a mix of three and four-story buildings falling as a rendering of a three-story portion of the project the deer valley village planning committee recommended approval for the staff recommendation by a vote of 10-0-1 the planning commission recommended approval for the vpc with additional and modified stipulations by a vote of six to two staff recommends approval of the gpa for the planning commission recommendation and adoption of the related resolution and staff recommends approval of the rezoning case per the planning commission recommendation and adoption of the related ordinance mayor happy to answer any questions thank you so much any council questions okay we will open the public hearing this is another one we will hear five minute presentations on this one we will begin with the applicant who i believe also would like to re oh wait let's see now we are beginning okay so we are beginning an applicant for three minutes and then we'll reserve two minutes so if staff gets at the timer for three minutes then we will go to melissa crawford for five minutes and then members of the public who wish to testify for two minutes each so nick wood the floor is yours thank you mayor members of the council nick woods now in rumor 1 arizona center and i represent toll brothers next slide please so you can see from the side it looks like a little tetris piece immediately to the west of us is nortera very intense mixed-use project includes significant employment retail et cetera in fact the site right across the street from us is a zone that permits 70 feet of height to the south of us there's a circle k to the north of us is vacant land to the east of us is vacant land and then beyond that is the uh towny island that you heard about next slide please one thing i want to point out is right next to our site that parcel that vacant parcel is over 300 feet deep about 330 feet deep so we're a good football field away from homes beyond that and the closest single family home is really catty cornered to us and we actually made some accommodations to our design with respect to that particular home and i want to point out desert hollow which is a road that connects the four single-family homes on 19th avenue uh next slide please uh this is the circle k to the south if we could just scroll to the site plane next slide this is the annexation area as you can see the the piece to the east of us has already been annexed so we're surrounded on almost three sides by city of phoenix property already next slide please next slide with respect to the site plan there are two major issues and we spent a significant amount of time reaching out to the folks in the county island as well as everyone in the area in fact we have over 170 letters of support but the two major issues one was building height even though we're not really adjacent to any single family homes and the other was traffic so we've done a number of modifications to traffic circulation one is on 19th avenue we are going to dedicate some additional land to create an extra lane we are going to install a median we are going to install a right turn pocket and at the suggestion of councilwoman o'brien she had a great idea and that is to help with traffic circulation that keep desert hollow in place originally we had intended to abandon desert hollow and put some town homes along that edge we've now reduced the number of units kept desert hollow in place and use that for traffic circulation and queuing although there are a few of those townhome style carriage style units that you see there right there in the parking lot next to desert hollow but it's actually now only a few i want to point out in the upper right hand corner we move the building back 150 feet from uh the uh single family home this caddy corner we can go to the next slide we also lowered building height building height now is three stories on that edge rather than two thank you mayor thank you so much we will now go to melissa crawford for five minutes hello are you able to hear me we can hear you okay great thank you for the time and opportunity i was told i was gonna have 10 minutes so i will run through this rather quickly um my name is melissa crawford i live on parsons road which is a approximately a thousand feet to the north of the toll brothers project which is the first row of houses um i'm representing the appealant wayne hodgins who is directly touches this property of the proposed property of toll brothers and i also represent the the county island as a whole as this affects each one of us wayne is also scheduled to speak the two properties also north of wayne are also opposing this and we have over a hundred resident slash homeowners that have signed petitions that are included in this file that are against this project when um this first flight here is wayne's property when him and his family purchase this atr this acreage they never foresaw all four neighbors to the south of them would be selling to toll brothers leaving them and the two other parcels directly north of them impacted by three and four-story apartments invading their privacy for reference the telephone pole in this picture is 34 feet toll brothers is proposing going to 47 feet that's going to be a significant in your backyard invasion of privacy we're currently having to oppose two developers toll brothers and bungalows that are dramatically trying to change our r30 our r43 to r to the r2 rezoning is not an acceptable transition from the one house per one and a quarter acre to high density apartments the 470 apartments and the 170 bungalows equates over a thousand people in our small island these are two completely different types of lifestyles the r42 consists of large lands with animal properties garage shops and privacy some residents are multi-generational bs being established in the 70s why we still have new residents who have bought for the the described lifestyle 4-h is a culture here my daughter is very involved in prepared pierce animals for state and county fairs on our property and our 4-h leader is in our community second slide please the city of phoenix values and says that it promotes and it encourages compatible development and that residents will have a greater level of certainty about their quality life and protection to ensure that their neighborhoods remain unique and livable our certainty is definitely being challenged the letters of support that toll brothers have submitted next slide please can be described as 465 luxury unit detached residential town home units with private garages next slide please this is what this is the letters of support that were signed of the 170 that he said were in support of him this is also part of the files that can be reviewed 70 of these signed approval of town homes with private garages were from employees of businesses in the i-17 happy valley corridor 80 were residents outside of our county four from businesses completely unassociated with our area there was 11 within our county island that was approving this two of them were properties being sold to toll brothers the remaining nine were told that it was going to be town homes we're talking home home ownership and not rentals to date i don't know of an official traffic report a traffic report that was presented to us was national averages not actual readings this high traffic area is already a problem and usaa across from us has not even completed building the proposed toll brothers 470 units 1500 plus people and the bungalows of 170 is 500 plus people our island is blocked by the canal to only have access in and out by happy valley or 19th avenue the traffic by the proposed projects will add extreme amounts of stress pollution and accidents the current mixed use be in the commercial office would be in the opposite direction of peak hours and no weekends or holidays with both the proposed product that's showing two people thank you so much uh we will next go to wayne hodgkin's hudgens followed by linda slay hello can you all hear me we can oh great thanks for having me on uh yeah so i am direct my name is wayne hutchins i uh i'm directly adjacent to the proposed property by toll brothers here um going back to when uh we actually bought this property we selected this property for the character of of the county island we wanted our space um we didn't want did not want to be next to apartments um we feel that uh by the apartments coming in it's it's not a it's not going to be a benefit to the value of our home at all um the three and four story apartments that are going to be there which is only a difference of three feet between the two according to uh their drawings uh which their drawings are very nice the apartments look very nice but it does not go with our community as a whole with uh space that's why we actually live out here there's a lot of animals out here um with with the new uh apartments and bungalows it will bring a lot of traffic and a lot of light pollution uh does not go well with the animals that we have the the reynolds itself uh we're just not a big fan of it uh the see-through fence is not is not a nice touch on our end i'm not sure why nick said that they reached out to all of the people in the county island because they never stopped here at all uh i'm not sure what else to say but it does not go with the character of what we have and and the village and the council is supposed to preserve and protect the design principles of our neighborhood and it's it's not being done here there's four perfectly good homes single-family residents that are going to be torn down just for the profit of apartments um i guess that's something to say thank you very much thank you linda will be next followed by rusty hill right can you hear me yes we can can you hear me yes we can ah okay uh this is linda slay i live at two five four one one north 16th avenue and i'm a little bit east of this particular area in in reviewing this looking at the staff's own recommendation the plan was to be sensitive to the scale and character of surrounding neighborhoods and prevent negative impacts so our homes and property are really the biggest investment for most people and the levels of height and the density do not fit in with this neighborhood at all we're going from one dwelling per acre to 30.9 34.9 dwelling units per gross acre also this area does not have the infrastructure or law enforcement or anything that would make this an easy transition the traffic is already bad there's no traffic control across from union park as to the letters of support none of those people or businesses live there they it will not affect them as it will affect us and also there's not no prevention from entry of the new people into the county island with our little dirt roads and it's just it's just not ready for that and thank you for listening and i hope that you do not approve this thank you thank you rusty is next and then laurel brody if she is on rusty the floor is yours mayor it appears we do not have audio for rusty wonderful and do we have any additional speakers for this item one moment mayor i will check we do not all right then we will go to nick for a final two minutes members of the council thank you if we could put the slide uh show back up i just want to make it just a couple comments as i mentioned this is a down zoning um the portion that's already in the city of phoenix is zoned for commercial office medical office at 56 feet of height clearly our traffic generation will be significantly less than what those two uses would ultimately create secondly you know with our 470 units we also had a discussion with the school district we've signed and delivered a fully executed agreement with the school district to provide one thousand dollars per door or 470 000 upon pulling building permits to contribute to the school district for um future school expansion um from the standpoint of the uh supporters um as that well actually with this map here as you can see we did three stories to the north again um out of respect for mr hudgens as well as putting the edge of that building 150 feet away from that corner um if we could go to the very last slide of the deck please um [Music] keep going please uh keep going keep going keep going and this is the one back please that's the map with all the letters of support uh in the large pin points the yellow one is neutral uh and the small ones are verbal support and you can see where our property is there so as you can see it's representative of the entire area that we uh we looked at so again this is appropriate use it's a down zoning tow brothers does a tremendous job we are not physically adjacent to any single family home uh we do touch mr hudgens property at the corner but we made accommodations uh for him by moving our building back uh thank you mayor members of council thank you do any council members have questions for any of the public or applicant in before we close the hearing all right hearing none i will close the hearing i do want to note that we have more than 300 pages for this item 77 and am thankful for the members of the community who put multiple members of the the public on one page it was a lot of trees went into this particular item and there were some duplicates here all right we will turn this is in district one and we'll turn to councilwoman o'brien mayor i move to approve per the planning commission recommendation and adopt the related resolution we have a motion and a second from councilwoman stark any comments roll call i'm sorry yes decisio yes garcia yes yes o'brien yes stark yes waring yes pasta item 76 passes 9-0 we next move to item 77 the companion item councilwoman o'brien i move to approve per the planning commission recommendation and adopt the related ordinance second comments or questions roll call i'm sorry yes to cco yes garcia yes yes pastor diego passes 9-0 we next move to item 78 the northeast corner of cave creek dam road and desert peak parkway we'll turn to josh for a brief staff presentation thank you mayor mayor items 78 and 79 our companion general plan amendment and rezoning cases can be heard together but will require separate actions item 78 is gpa dstv-1-19-2 request to amend the general plan land use map on a 231.18 acre parcel and council district 2 from a mix of different land use designations to parks open space future one dwelling unit per acre residential 2 to 3.5 and residential 5 to 10. item 79 is z 46-19-2 a request to re-zone the same site from s-1 to plan unit development to allow a mixture of single-family and multi-family residential the desert view village planning committee heard both cases on december 7th 2021 and recommended approval for the staff recommendation by a vote of 11-0 on each item the planning commission heard both cases on january 6 2022 and recommended approval by a vote of six to two on each item staff recommends approval of item 78 per the planning commission recommendation and adoption of the related resolution and staff recommends approval of item 79 for the planning commission recommendation and adoption of the related ordinance and they are happy to answer any questions thank you any questions all right i will open the public hearing we don't have any members of the public to testify we'll close the public hearing and turn to councilman waring just one quick question for josh hey josh they are donating property to the preserve correct mayor councilman waring yes that is correct the approximately 120 acres of the site would be will be donated to the city to add to the preserve system mary you ready for a motion yes i am okay a motion to approve per the planning commission recommendation and adopt the related resolution second we have a motion in a second any comments roll call i'm sorry yes does eco yes garcia yes o'brien yes stark passes 9-0 item 79 councilman waring motion to approve for the planning commission recommendation adapter-related ordinance second we have a motion and a second any comments or questions roll call i'm sorry yes decisio yes garcia yes o'brien stark yes waring yes pastor gallego passes 9-0 we next turn to item 80 a public hearing and i'm sorry we will hear items 80 and 81 together they are related items so we will have one public hearing for 80 and 81 which is related to the southeast corner of 19th avenue and south mountain avenue we'll turn to josh for a brief presentation thank you mayor item 80 is gpa dstv-1-19-2 i request to amend the general plan land use map on a 45.52 acre site in council district 8 from residential 1 to 2 dwelling units per acre to residential 2 to 3.5 dwelling units per acre as pictured on your screen the south mountain village planning committee recommended approval by an 8-3 vote and the planning commission recommended approval per the vpc recommendation by an 8-0 vote item 81 is z 31-21-8 to request res on the same site from s1 to r110 to allow a single-family detached residential development the updated site plan reduces the number of lots from 156 to 149 and increased the minimum lot width from 55 to 60 feet the applicant has agreed to a stipulation that restricts all homes in the development to single story and 22 feet the south mountain village planning committee recommended approval by a seven three to one vote and the planning commission recommended approval by an eight to one vote staff recommends approval of item 80 per the planning commission recommendation and adoption of the related resolution staff recommends approval of item 81 for the planning commission recommendation and adoption of the related ordinance mayor happy to answer any questions thank you so much any questions all right i will go ahead and open the public hearing this is an item in council district 8 and the councilman has been working on this so i believe i will turn to him first thank you mayor if we're okay with going into the presentations um i have some questions for the zoning attorney and also wanted to hear from the community wonderful um and so uh council member we will go then uh what is the time have you okay so five we will what timing would you like on the presentation if there's a presentation from the uh zoning attorney say five minutes and then allow public their two minutes there's all wonderful i don't believe there's a registered presentation for opposition that is my understanding as well so we will begin with the applicant adam baugh as the representative five minutes and um adam you may uh would you like to reserve three minutes or two minutes at the end for a bundle or just go through with the five i'll just do probably three in the front and then two at right but on the back side that's okay wonderful so if our staff could put the timer at three minutes adam the floor is yours thanks i'll just run through these quickly and i appreciate your time a project like this isn't born without significant time working with the community and i can't say we've made everybody happy but we've made a lot of changes that have gotten us to the point of a strong recommendation for the village a strong recommendation of the planning commission and a staff report from staff of support we'll go the next fight i'll jump through a lot of these pretty quick um we'll go the next one after that this site is at 19th avenue and south mountain road 40 ish almost 50 acres actually it's surrounded by residential uses one of the challenges you have in this area is who pays for the infrastructure you have 19th avenue and south mountain avenue that frankly aren't designed today for the type of load and capacity that they're expected to have in the future and city of phoenix believes that development should pay for development and one of the ways that works is by bringing homes to the area that provide new residential opportunities but also the required infrastructure needed for this area to work with both the drainage concerns and traffic patterns i think you've seen a lot of higher density products come before the city council over the years our product is right at three homes per acre which is i think rather low density compared to the number of products you see otherwise let's go to the next slide here's a picture of it it's 149 lots it's gated community our lots are as big as 60 75 feet wide some are 60 feet wide through this neighborhood outreach all our units will be single story we put an extra wide landscape track along 19th avenue we've provided pedestrian connectivity to the trail we provided serenity garden a number of things that didn't start with this plan but came to light and evolved through this neighborhood outreach process next slide next line um i'll skip to these because our time short but let's go the next one after the elevation the only reason i point this out is this outreach started in december of 2020 and here we are in february 2022 finally presenting this to you today and i could spend a lot of time talking through it but i guess all i want to recap here is when we start with 180 plus units it's taken a lot of time for us to get to this point we've had a dozen or two dozen neighbor meetings if we go to the next slide i think what you'll see is the big transitions of this plan from beginning to end you can see the variety of lot sizes and product types next slide and where it's eventually landed is from 180 units to 149 from what we began with 55 wide lots all the way down to 60 to 75 what we started with were two stories now were one stories and a huge open space track along the primary road and so for that reason i think the village was able to recommend approval because they saw the effort that was done they saw the response of the developer they saw the significant constant density progressing to the case frankly i got to commence neighbors they did a great job bringing us to this point and that i'll probably pause during my presentation now and just cover the rest on the back side thank you we will go first to dean chiarelli followed by mike josek mayor dean is not on the line thank you we will go to mike josek followed by troy gam can you hear me yes we can hi good afternoon madam mayor members of the council hello and thank you uh for your time today um in this case i am speaking uh and reading a statement prepared by my wife jule clark since she's not able to attend the meeting so please consider these her words through my voice um and she begins i am writing to oppose on principle resulting of this property from s1 to r110 cases gpa sm2218 and z31 21 8. the neighborhood is still united against the density proposed by this development but we ultimately lack the power to completely prevent it i am personally grateful to our council member for stepping in and despite the final density not being exactly what the neighborhood wanted he was instrumental in negotiating a better deal in that area than we could have managed on our own i know he's trying to find the best outcome he can for everyone involved and i respect that tremendously our area is one of the last open rural spaces in the valley the applicant's development will literally be surrounded by active agriculture and equestrian properties acre plus slots with custom homes all s1 and housing developments no denser than r118 i and my husband purchase land there like all our neighbors for that open space and rural quality of life our neighbor we share a driveway with raises morgan horses on 10 acres just south of us is the arizona worm farm grand muss farm and green life nursery specializing in fruit trees horses and riders are a regular feature along west south mountain avenue as are tractors and farm equipment my husband and i are planting a food forest in one of our pastures and many of our neighbors have various kinds of livestock it's true troy will be next followed by penny thrive in the commons at south mountain and we will share our back wall with the new development i'm so in support of this proposal by providence homes we've lived in many homes and neighborhoods during a long air force career i've had that began in phoenix at williams air force base 33 years ago and find our current home by providence one of the best we've we've experienced providence has been great and one of the best builders we've had the opportunity to work with and any issues that we've had with the house have been addressed quickly by a very friendly staff who have really gone the extra mile to make sure that we are satisfied the current proposal for an all single story development with large setbacks will preserve the beauty of the south mountain area especially when you drive south on south 19th avenue towards south mountain and also fill the rapidly expanding need for additional quality housing by a responsible developer who cares about the area and the neighborhoods they create this will be a great addition to the area and provide beauty and affordable housing i fear if this is not passed then we might not see another developer willing to make as many concessions as providence as such as all single story and only three dwelling units per acre i ask that you propose or approve this proposal and that the other comment i have is that my wife is also registered to speak and she'll be using the same device thank you we will go to penny and then joanne jensen thank you for taking your time to listen to me i am penny houston gam i live at 8514 south 16th avenue i'm also in support of this development from what i can tell on the zoning maps between 7th avenue and 23rd avenue when you drive along south mountain avenue there are quite a few neighborhoods that are zoned are 110 or they're um going to be proposed to be r110 um and then same thing along dobbins between like 19th avenue um and i think 27th avenue there's also a lot of r110 zoning so i feel like this would probably fit in with the overall greater area of south mountain currently the land being considered as a cotton farm and right now it's being used as dumping grounds for mattresses furniture used toilets all kinds of things and then also it's used for people that just want to go and shoot off their guns so as someone that backs up to this property i would love to see that come to an end and i think by developing this property it will kind of remove the jumping situation and the shooting situation and the builder's been super collaborative for the last year and few months or so by agreeing to put one stories behind us since we back up to it i feel like they've been super collaborative for everybody i'm not sure that another builder would be as collaborative so i support the the development i feel like this builder as a local builder and a known quantity so we know what we're going to get and i feel like they've worked really hard with all of us and if this were to be disapproved i would worry about what kind of a builder might come there and not have any consideration for the neighbors thank you for your time thank you joanne will be our next speaker followed by adam can you hear me yes we can wonderful well good afternoon everyone i am joanne jensen 8303 south 17th drive phoenix arizona 85041 this is my rookie effort i was drafted by our neighbors as a point of contact and along with other volunteers i've spent hours on this project in some ways it's been disappointing the best lowest density the providence group would offer is 149 homes on a 50-acre parcel there is no one might in myself included who feels that this is compatible with our community magdalena estates and the commons are r118 r118 is not only suppo uh is not so i'm sorry r118 is supported not only by the 2015 phoenix city plan but also the earlier rio montana plan in both residential development density was to have gradually declined from baseline towards south mountain park but that has not happened most of our neighbors are not opposed to development as long as it preserves the texture the essence and the character of our rural equestrian and agrarian community density beyond r118 does not do that at a time when the city has created a heat mitigation office we are grateful that some heat mitigation efforts have been promised however we are dissatisfied that a set of more aggressive yet relatively inexpensive items has not been accepted and we would appreciate the council's help with encouraging the providence group to adopt them looking higher on the horizon i've learned that we collectively need to work change a system where developers grab open property regardless of the planned use and submit zoning and general plan changes on an ad hoc basis without consideration to surrounding development the current process will lead now not only to a patchwork of bland and uninteresting cookie-cutter communities but they will be without uh personality i would be remiss however if i left you feeling that this has been a completely negative experience with a fully negative outcome camaro gardens will be beautiful a single story home on lots 60 to 75 feet wide staggered responsible we thank the providence group including mr polson thank you final speaker will be adam thank you mayor and staff um i just want to point out one slide that i think would be helpful to recap some of the things that were suggested below if we go back to my presentation and we'll go to slide the next slide right after this one of the things that that occurred after we got the recommendations from the planning commission and the village was a request to maybe consider some additional items related to heat island impact and so um exco let's go i think back to slide real quick there we go and so here are some of the commitments that are new to this since the recommendation from the planning commission i respect and recommen appreciate the effort from joanne and her role kind of being drafted by neighbors to be their advocate and also the role the council office to help us get to this point and what we've prepared to do and offer as part of this case is that all homes we built to a current energy star standard or it's equivalent in particular we've even looked at things like the paint colors to make sure that the light reflected values fit the above so that they reflect on light rather than absorb light we've learned that after reflecting light you're likely to reduce the heat island impact we've even added provisions in our ccnr's that require a minimum number of tree planks in the front yards and in the rare yards that's going to result in an extra 596 additional trees in this development in addition to the trees that are required along the street skate setback standards and then all garages would be pre-wired for electric vehicle charging ports to help with some of the sustainability elements so these are things that i don't know if anybody else has done and one that we're willing to do but i think it's in recognition of the feedback we've heard and frankly i don't know like i said i've been able to convince everybody but i do know this plan has evolved to a spot that's been influenced by the neighbors involved the village and the council members to a place that's rather low density and high quality so hopefully some that this committee and council could keep behind support [Music] thank you so much council members do we have any questions or comments by councilmember garcia thank you mayor and and thank you all for for the speakers i've spoken and for the folks representing the development um this was uh very interesting and i appreciated the time we spent uh together trying to find this compromise i know not everyone is happy um but i feel like uh where we got to especially um the the pieces of at the end to make sure that um some of that heat mitigation is happening and so uh wanna again thank everyone for for their efforts i know there's other cases coming to the area so we will continue to work with the neighbors um to make sure that uh we get as much as what they need as possible and so with that i wanted to make motion to approve per the planning commission recommendation and adopt the related resolution um i don't can i do for 80 or 81 or do i have to do one for you council member let me quickly close the public hearing okay all right and i think we need to vote separately on 1881 yes mayor so um do we have a second on the council member's motion on 80. and i think we had a second from councilwoman stark any comments or questions roll call i'm sorry yes decease you yes garcia yes yes o'brien stark yes waring yes pastor diego passes 9-0 we next go to item 81 council member garcia thank you motion to approve item 81 for the planning commission recommendation and adopt the related ordinance second we have a motion in a second any questions or comments roll call i'm sorry yes decision thank you that concludes the agendas portion of this meeting i will turn to our city attorney to explain the final portion of the meeting public comments thank you mary during citizen comment members of the public may address the city council for up to three minutes on issues of interest or concern to them the arizona open meeting law permits the city council to listen to the comments but prohibits council members from discussing or acting on the matters presented thank you we have one member of the public to comment ms graber the floor is yours oh mayor city council members are you able to hear me yes we can perfect thank you every decision made by this council has a consequence to its action past decisions made by this council have directly influenced and affected nearby neighborhoods my neighborhood has tried to be proactive instead of reactive to decisions made by our city council mayor my neighborhood 19th avenue glendale has been directly impacted by crime drugs trespassers prostitutes and sexual trafficking personally i feel that much of this has occurred because of the lack of planning for safeguards of our light rail i beg belly metro and my council person to make turnstiles on light rail that didn't happen even though it was only going to be a million three per per site we have city of phoenix housing on glendale until recently there was zero accountability of this project this one project had over four thousand calls for service in one year today you approved a walkable urban ordinance that impacts all of central phoenix with absolutely zero outreach this decision will directly impact the character and property values of historical neighborhoods once again the taxpayers of phoenix have had zero input for huge costly decisions made by our city council i can tell you all one thing i am super involved in all city activities and i have never had any notification if you all read your packet it tells you that there were nine villages were against it and six were for it a decision like this and this kind of input no there should have been notification to the residents it's a major decision i would like to know if the city attorney's office have evaluated the city's potential liability for litigation concerning the taking of property interests and or diminished property values for the neighborhoods that all the above decisions have affected thank you for your time thank you for your comment we are adjourned bicyclist pedestrians and this project is an example of that i wanted to recognize a few great partners