Attachment C - Staff Report - PHO-1-20---Z-62-02-7(8).pdf

Staff Report: PHO-1-20—Z-62-02-7(8)
APPLICATION: 
 
PHO-1-20—Z-62-02-7(8)
APPLICANT:
Ward Development
REPRESENTATIVE:
Alan Beaudoin, Norris Design
OWNER: 
 
Rodney & Donna Kleck Family Trust Agreement
LOCATION:
Northeast corner of 59th Avenue and Dobbins Road
REQUEST:
1) Modification of Stipulation 1 regarding general conformance
with the site plan dated August 20, 2002.
2) Planning Hearing Officer review and approval of site plan
and elevations per Stipulation 3.
3) Deletion of Stipulation 16 regarding a shade protected
walkway along building walls with customer entrances. 
4) Modification of Stipulation 23 regarding canopy height.
5) Presentation of commercial development plans to the
Laveen Village Planning Committee for comment per 
Stipulation 29.
6) Technical corrections to Stipulations 8, 11, 14, 15, and 22.
STAFF RECOMMENDATION
It is recommended that this request be denied as filed and approved with modifications
and additional stipulations, as recommended by the Planning Hearing Officer. 
PLANNING HEARING OFFICER RECOMMENDATION
The Planning Hearing Officer heard this case on July 15, 2020 and recommended denial 
as filed and approval with modifications and additional stipulations. 
VILLAGE PLANNING COMMITTEE RECOMMENDATION
The Laveen Village Planning Committee heard this case on July 13, 2020 and 
recommended denial by a 6 to 2 vote. 
Attachment C

Staff Report – PHO-1-20—Z-62-02-7(8)
September 3, 2020 Planning Commission
Page 2 of 13
BACKGROUND/ANALYSIS
The subject property is located at the northeast corner of 59th Avenue and Dobbins Road 
and is approximately 6.96 gross acres. This is a portion of the original rezoning area 
from Z-62-02-7. The property is zoned C-1 (Neighborhood Retail) and is currently 
vacant.  The applicant proposes to develop four commercial uses on the property; 
specifically, a convenience store with fuel canopy, a restaurant with drive through, an
auto repair shop, and a childcare center.  The convenience store and fuel station are
intended to be the first uses developed on the site.  During the Planning Hearing Officer 
hearing the applicant clarified that he thought C-2 (Intermediate Commercial) was 
approved for the site, but through zoning verification found that the C-2 request was 
denied as filed and the case was approved for C-1.  He stated that the auto repair shop is 
a permitted use in the C-2 zoning district and to have that use on the property may
require rezoning.
The applicant requested modification of Stipulation 1, regarding general conformance 
with the site plan dated August 20, 2002, to reflect a new conceptual site plan.
Neighborhood retail uses are proposed for the property.  The site plan depicts two full 
access driveways along 59th Avenue and a right in, right out driveway along Dobbins 
Road.  The applicant stated that the proposed plan breaks up the surface parking areas, 
provides enhanced landscaping, and provides internal pedestrian circulation and 
connectivity to public sidewalks. The first plan that the applicant submitted was date 
stamped May 28, 2020.  The applicant stated that the plan is consistent with the
character of the Laveen area, but that it was updated to accommodate recommendations 
from the Laveen Village Planning Committee (VPC) and Laveen Citizens for Responsible 
Development (LCRD). After the Planning Hearing Officer (PHO) hearing, the applicant 
submitted an updated site plan; this plan is date stamped July 20, 2020 and was the plan 
presented at the PHO hearing.
The applicant requested PHO review and approval of site plan and elevations per 
Stipulation 3.  The applicant stated that going through the PHO process provided 
compliance with the stipulation.  The applicant added that he had no concerns retaining 
the requirement for the applicant to invite the Chairs of the Laveen VPC and LCRD to 
preliminary site plan review meetings.
The applicant requested deletion of Stipulation 16, regarding a shade protected walkway 
along building walls with customer entrances.  The applicant stated that the design 
elements detailed in the stipulation were applicable to the stipulated site plan which 
depicted strip retail, but not the proposed plan.  The applicant stated that the buildings 
depicted on the proposed site plan will require different design solutions to promote 
shade and comfort.
The applicant requested modification of Stipulation 23, regarding canopy height.  The 
applicant stated that the requested increase from 16 feet to 18 feet maximum canopy
height will allow for an enhanced 42-inch fascia treatment.  This will allow for a typical 
steel canopy structure design with adequate opportunity for corporate branding

Staff Report – PHO-1-20—Z-62-02-7(8)
September 3, 2020 Planning Commission
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requirements. The first elevations that the applicant submitted were date stamped May 
28, 2020.  During the PHO hearing, the applicant explained that conceptual elevations for 
the fuel canopy were revised in order to include a new mansard-roof style and provide 
enhanced rural character.  After the PHO hearing, the applicant submitted updated 
elevations which were date stamped July 20, 2020 and were presented at the PHO 
hearing.
The applicant requested the presentation of commercial development plans to the 
Laveen Village Planning Committee for comment per Stipulation 29.  The applicant stated
that he went before the Laveen VPC on Monday July 13, 2020, which would satisfy the 
stipulation.
PREVIOUS HISTORY
On October 30, 2002, the City Council concurred in the recommendation of the Planning 
Commission and denied as filed a request for R1-8 (Single-Family Residence) and C-2.
Instead, the City Council approved R1-8 and C-1 with modified and deleted stipulations,
on a 143.20-acre area.
The proposed development consisted of 430 single-family homes and 130 single-family 
cluster units on 136 acres. The residential development also included an 11-acre parcel 
in the center for a proposed elementary school. The school was connected to the
residential homes by a north-south trail. The project also included a 7-acre commercial 
site at the southwest corner.  The proposed commercial site included four buildings with 
access from Dobbins Road and 59th Avenue.  The commercial site was intended to 
provide local neighborhood retail and restaurants for the surrounding residences.
Stipulations regarding commercial design were discussed, notably service station design 
guidelines.
Staff felt that C-1 zoning was more appropriate for the commercial site considering the
proposed uses were for retail and restaurant uses for the surrounding residential homes.
NEIGHBORHOOD CONCERNS
Correspondence
Two letters of opposition were received regarding this request.  Concerns included the
following:
x
Concerns regarding a fuel station use on the property (two letters)
x
Negative impact to property values (two letters)
x
Environmental concerns about ground and surface water contamination (one 
letter)
x
Recommended changing the location of the development, potentially across the 
street or closer to the Loop 202 Freeway (one letter)
GENERAL PLAN DESIGNATION
Residential 2 to 3.5 dwelling units per acre.

Staff Report – PHO-1-20—Z-62-02-7(8)
September 3, 2020 Planning Commission
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CHARACTER OF SURROUNDING LAND USE
Zoning                                  
Land Use    
On-site:
C-1
Vacant land
North:
R1-8
Single-family residential
South:
S-1
Agricultural
East:
R1-8
Single-family residential
West:
S-1
Agricultural
PLANNING HEARING OFFICER FINDINGS
The Planning Hearing Officer’s recommendation was based on the following findings:
1. The original rezoning case consisted of approximately 143.30 acres located at the 
northeast corner of 59th Avenue and Dobbins Road.  The case established R1-8
zoning on approximately 136.30 acres which was developed as a single-family 
subdivision and elementary school.   The subject property of the current request is 
the remaining approximately 7 acres at the immediate northeast corner of 59th 
Avenue and Dobbins Road which was zoned C-1.   
2. The stipulated site plan depicted commercial uses on this corner including a strip 
retail building at the northeast portion of the site, a drive-through restaurant, and a
commercial pad site.  Combined, the site plan depicted approximately 52,000 
square feet of retail space at 19 percent lot coverage.  Specific uses are not 
depicted on the site plan, however Stipulations 20, 23, and 24 establish conditions 
for gas stations and fuel pump canopies.  
The proposed conceptual site plan depicts approximately 42,054 square feet of 
retail space at 17.3 percent lot coverage.   Building height on all buildings is limited 
to maximum 15 feet.  The primary distinction between building massing in the two 
plans is that the new proposed plan consists of five detached pad sites distributed 
throughout the site and does not depict a strip retail building.  This is an 
improvement as there is less ‘back-of-house’ functions immediately adjacent to the 
single-family neighborhood to the north and northeast.  The proposed height, lot 
coverage, and building massing is reduced and is compatible with this property’s 
location adjacent to existing single-family homes. 
General conformance to the proposed conceptual site plan is recommended.  An 
additional sub-stipulation is recommended to require specific regard to the location 
of the service station at the immediate northeast corner of 59th Avenue and 
Dobbins Road in order to ensure that this use is located as far as possible from 
the single-family subdivision to the north and east.

Staff Report – PHO-1-20—Z-62-02-7(8)
September 3, 2020 Planning Commission
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The Street Transportation Department commented that the current full access 
driveways shall not be permitted along 59th Avenue as 59th Avenue is a CM 
Section and therefore the driveways will be median covered and restricted. The 
recommendation for general conformance does not approve the proposed 
driveway configuration on the conceptual plan and further modifications may be 
required to comply with Street Transportation Department requirements.
3. The proposed conceptual elevations include building design, screen walls, and a 
fuel canopy design.  The conceptual building elevations include multiple building 
materials such as stone, decorative masonry, board and batten trim, open timber, 
and a minimal use of stucco.  Architectural details include metal awnings, 
columns, and open timber.  The mixed materials are consistent with the desired 
rural and agricultural character in the surrounding area and include significant 
material diversity.   The conceptual fuel canopy elevations are compatible with the 
building elevations and utilize similar materials and a decorative mansard roof 
style.   The screen wall elevations include decorative caps and multiple building 
materials and colors. General conformance to the proposed elevations is 
recommended.
4. An additional stipulation (New Stipulation 3) is recommended to require a
Comprehensive Sign Plan (CSP) be approved for the commercial development.
The CSP should express a rural and agrarian character compatible and consistent 
with development in the surrounding area and the desired character as expressed 
in the Laveen Southwest Growth Study.
The CSP may also include a gateway entry feature.  However, the gateway entry 
feature may alternatively consist of a public art, sculptural, or landscape feature 
which would not be included in a CSP.  The requirement for a gateway entry 
feature is separately recommended as New Stipulation 13 and discussed in further 
detail below in Finding 7.
5. Existing Stipulation 3 requires review and approval of the commercial 
development’s site plan and elevations through the Planning Hearing Officer 
hearing process.  This case constitutes compliance with this requirement and the 
stipulation language may be deleted as requested, except that the existing 
language regarding invitation of the Laveen VPC Chairperson to preliminary site 
plan review meetings is recommended to be retained with a modification to include 
the Chairperson of the Laveen Citizens for Responsible Development (LCRD).   
Note that this recommendation also includes stipulations (New Stipulations 1, 1.A, 
and 2) requiring general conformance to the proposed conceptual site plan and 
elevations.  These recommendations ensure that future modifications of these 
plans, exceeding the deviation permitted by general conformance, will be required 
to go through an additional public hearing process for review with an opportunity 
for public input.

Staff Report – PHO-1-20—Z-62-02-7(8)
September 3, 2020 Planning Commission
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6. New Stipulation 12 is recommended to require that the developer submit a Traffic 
Impact Study for review and approval prior to preliminary approval of plans.  The 
applicant shall work with Street Transportation Department staff who will 
determine the appropriate scope and content of the study and determine if 
satisfactory resolutions of review comments have been achieved.
7. The subject property is located at the intersection of two arterial streets and in 
close proximity to a major exit from the Loop 202 Freeway.   This location is ideal 
for implementation of a gateway entry feature marking arrival in the Laveen 
Village.  New Stipulation 13 addresses the requirement for this feature.  
This recommendation is consistent with the recommendation made by the LCRD.  
The applicant indicated that they do not know at this time what the feature may 
consist of but they intend to continue talks with this group regarding conceptual 
designs.  If the gateway entry feature consists of signage, it should be included in 
the Comprehensive Sign Plan required in New Stipulation 3 and discussed above 
in Finding 4.  If the entry feature consists of public art, sculpture, enhanced 
landscaping, or another feature, it should be included in the site plan.  The 
applicant shall document any public meetings held on this subject and provide to 
City staff to aid in review and approval regarding compliance with this stipulation.
8. New Stipulation 15 requires the developer to provide pedestrian pathways, 
constructed of decorative pavers, stamped or colored concrete, or another similar 
material, other than those used to pave the parking surfaces and drive aisles, 
connecting the sidewalk or sidewalks to the main entrances of all buildings in the 
most direct route.   This recommendation is consistent with the recommendation of 
the Pedestrian Safety Coordinator with the Street Transportation Department.
9. Original Stipulation 16 required that commercial structures provide a continuous
shade protected walkway with a minimum depth of 10 feet along all building walls 
that have a customer entrance.  This stipulation was aimed at the strip retail plaza 
located at the northeast corner of the site on the original stipulated site plan.  This 
design was consistent with conceptual graphics in the Laveen Southwest Growth 
Study (Page 25) for shopping centers that have pedestrian walkways along 
multiple shops.  The proposed conceptual site plan does not contain strip retail 
and breaks up the individual building massing into discrete buildings and pads. 
The applicant’s request to delete this stipulation is recommended to be denied as 
filed and approved with a modification.  The modified stipulation language is 
intended to retain the requirement for shade protected architectural features at all 
main building entrances and all other building facades with adjacent pedestrian 
walkways. This modification allows the shade requirement to apply to the 
individual buildings where pedestrian activity will occur and reduces the depth to 
six feet to acknowledge that the walkways will not be a full arcade as originally 
envisioned.

Staff Report – PHO-1-20—Z-62-02-7(8)
September 3, 2020 Planning Commission
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10.The applicant’s request for modification of existing Stipulation 23 is recommended 
for approval.  The modification of maximum height of the canopy from 16 to 18 feet 
is a modest increase and remains significantly lower than the 30-foot maximum 
height permitted by the underlying zoning.  This height is also compatible with the 
maximum 15 feet building height depicted on the conceptual site plan.  Finally, the 
request does not alter the existing regulation of 14 feet maximum height to the 
underside of the canopy where recessed lighting may be located.  Therefore, the 
modification will not increase any potential negative impact of lighting on nearby or 
adjacent properties.
However, note that the Zoning Ordinance contains a design presumption in 
Section 507 Tab A II.D.2. stating that canopy heights measured from finished 
grade to the lowest point of canopy fascia should not exceed 14 feet in height and 
that overall canopy height should not exceed 16 feet.  This design presumption will 
need to be overcome during the plan review process regardless of the rezoning 
stipulation given that it is more restrictive.
11.The subject site is archaeologically sensitive and three additional stipulations are 
recommended to address potential survey and data testing requirements in the 
event archaeological materials are discovered during construction.
12.Original Stipulation 29 required that the commercial development plans be 
presented for comment to the Laveen Village Planning Committee prior to 
commencement of commercial development.  This case represents compliance 
with this stipulation and the applicant’s request for deletion is recommended for 
approval.  
Further, note that the recommendation regarding New Stipulations 1, 1.A, and 2
require general conformance to the proposed conceptual site plan and elevations.  
These recommendations ensure that future modifications of these plans, 
exceeding the deviation permitted by general conformance, will be required to go 
through an additional public hearing process for review with an opportunity for 
public input.  This requirement is more restrictive than the original language of 
Stipulation 29, which does not specify or require stipulation modification through a 
public hearing process.  
PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS
1.
That tThe COMMERCIAL development shall be in general conformance 
with the site plan DATE STAMPED JULY 20, 2020, dated August 20, 
2002 as may be modified BY THE FOLLOWING STIPULATIONS and 
approved by the PLANNING AND Development Services Department, 
WITH SPECIFIC REGARD TO THE FOLLOWING:
A.
ANY GAS STATION SHALL BE LOCATED AT THE IMMEDIATE

Staff Report – PHO-1-20—Z-62-02-7(8)
September 3, 2020 Planning Commission
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NORTHEAST CORNER OF 59TH AVENUE AND DOBBINS ROAD.
2.
THE COMMERCIAL DEVELOPMENT SHALL BE IN GENERAL 
CONFORMANCE WITH THE BUILDING, FUEL CANOPY, AND 
SCREEN WALL ELEVATIONS DATE STAMPED JULY 20, 2020, AS 
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT.
3.
A COMPREHENSIVE SIGN PLAN SHALL BE APPROVED FOR THE 
COMMERCIAL DEVELOPMENT IN ACCORDANCE WITH SECTION 
705 OF THE ZONING ORDINANCE AND AS APPROVED OR 
MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
4.
2.
That rResidential elevations SHALL conform to the Laveen Residential 
Design Guidelines.
5.
3.
That the site plan and elevations of the commercial development prior to 
preliminary site plan review submittal shall be reviewed and approved 
through the Planning Hearing Officer hearing process. Also, tThe
ChairPERSONS of the LAVEEN VILLAGE PLANNING COMMITTEE 
(LVPC) AND LAVEEN CITIZENS FOR RESPONSIBLE DEVELOPMENT 
(LCRD) shall be invited BY THE APPLICANT to attend Development 
Service Department's ANY preliminary SITE PLAN review meeting HELD 
BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
Streets and Right-of-Way
6.
4.
That tThe following rights of way shall be dedicated:
a.
60 feet shall be dedicated for the north half of Dobbins Road;
b.
30 feet shall be dedicated for the south half of South Mountain 
Avenue;
c.
55 feet shall be dedicated for the east half of 59th Avenue;
d.
30 feet shall be dedicated for the west half of 55th Avenue.
7.
5.
Twenty-one foot by 21-foot right-of-way triangles shall be dedicated:
a.
At the northeast corner of 59th Avenue and Dobbins Road;
b.
At the northwest corner of 55th Avenue and Dobbins Road;

Staff Report – PHO-1-20—Z-62-02-7(8)
September 3, 2020 Planning Commission
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c.
At the southwest corner of 55th Avenue and South Mountain 
Avenue.
8.
6.
That tThe applicant shall work with the developer of Laveen Commons to 
establish the alignment of 59th Avenue at South Mountain Avenue.
9.
7.
That sSufficient right-of-way shall be dedicated to accommodate a far-
side busbay (Detail P-1257) on 59th Avenue at Dobbins Road.
10.
8.
That tThe developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights, 
median islands, landscaping, and other incidentals, as per plans 
approved by the PLANNING AND Development Services Department.  
All improvements shall comply with all ADA accessibility standards.
11.
9.
That tThe applicant shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvements Program to 
the Chief Engineering Technician, (602) 262-6193, Street Transportation 
Department. This form is a requirement of the Environmental Protection 
Agency to meet clean air quality standards.
12.
THE APPLICANT SHALL SUBMIT A TRAFFIC IMPACT STUDY (TIS) 
TO THE CITY OF PHOENIX FOR THE COMMERCIAL 
DEVELOPMENT. NO PRELIMINARY APPROVAL OF PLANS SHALL 
BE GRANTED UNTIL THE STUDY IS REVIEWED AND APPROVED BY 
THE CITY UPON SATISFACTORY RESOLUTIONS OF REVIEW 
COMMENTS BY CITY STAFF, AS APPROVED OR MODIFED BY THE 
STREET TRANSPORTATION DEPARTMENT.
Site Amenities
13.
THE DEVELOPER SHALL PROVIDE A GATEWAY FEATURE SUCH 
AS ENHANCED LANDSCAPING, SIGNAGE, AND/OR PUBLIC ART, 
LOCATED AT THE NORTHEAST CORNER OF 59TH AVENUE AND 
DOBBINS ROAD, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT.
14.
10.
That aA walkway SHALL be provided between the commercial and
residential development as noted on the site plan. Pedestrian walkways/ 
connections within/between the commercial and residential 
developments shall be constructed of materials other than asphalt. If 
concrete is chosen it will be stamped.
15.
PEDESTRIAN PATHWAYS, CONSTRUCTED OF DECORATIVE 
PAVERS, STAMPED OR COLORED CONCRETE, OR ANOTHER

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September 3, 2020 Planning Commission
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SIMILAR MATERIAL, OTHER THAN THOSE USED TO PAVE THE 
PARKING SURFACES AND DRIVE AISLES, SHALL BE PROVIDED 
CONNECTING THE SIDEWALK OR SIDEWALKS TO THE MAIN 
ENTRANCES OF ALL BUILDINGS IN THE MOST DIRECT ROUTE, AS 
APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT.
Open Space, Trails, Fencing and Entrances
16.
11.
That tThe main entrance (59th Avenue, Dobbins, 55th Avenue, and 
South Mountain) to the housing subdivision shall incorporate subdivision 
entry signage and monumentation. Entry design concepts shall be 
attractive, low in profile, as approved by the PLANNING AND 
Development Services Department.
17.
12.
That aA continuous multi-use trail from Dobbins Road to South Mountain 
Road shall be provided, as approved by the Parks and Recreation 
Department.
18.
13.
That aA trail shall be provided along South Mountain Road between 55th 
and 59th Avenues that shall connect with the trail through the 
development, as approved by the Parks and Recreation Department. 
Said trail shall be 15 feet in width as shown on the site plan.
Commercial Design
19.
14.
That rRear and side facades and roofline treatment including color 
texture and material shall be “architecturally finished” to minimize visual 
impact to adjacent residential areas, as approved by PLANNING AND 
Development Services Department.
20.
15.
That cCorporate colors and associated graphics shall be used only as an 
accent feature as to not dominate the architectural design of the 
development, as determined by the PLANNING AND Development 
Services Department.
21.
16.
That commercial structures shall provide a continuous shade protected 
walkway a minimum of ten feet in depth along all building walls that have 
a customer entrance.
COVERED WALKWAYS, EXTERIOR PORCHES, ARCADES, 
CANOPIES, AND/OR OTHER SIMILAR ARCHITECTURAL FEATURES 
WITH A MINIMUM DEPTH OF 6 FEET SHALL BE PROVIDED AT ALL 
MAIN BUILDING ENTRANCES AND ALONG ALL OTHER BUILDING 
FACADES WITH ADJACENT PEDESTRIAN WALKWAYS, AS 
APPROVED BY THE PLANNING AND DEVELOPMENT

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September 3, 2020 Planning Commission
Page 11 of 13
DEPARTMENT.
22.
17.
That aAll buildings shall have a similar architectural character and have 
architectural enhancements such as stone, burnt adobe, textured brick, 
wood (when shaded by overhangs or deep recesses), slump block, 
ceramic tile (matte finish), stucco or exposed aggregate concrete.
23.
18.
That pParking at the time of preliminary approval shall be limited to no 
more than 20% above that required by the Zoning Ordinance.
24.
19.
That lLandscaping along Dobbins Road and 59th Avenue shall include 2-
inch caliper trees planted 20 feet on center.  Landscaping or other forms 
of shading in the parking lots shall shade 25% of the parking lot by 
maturity. Berms or decorative walls shall be provided along Dobbins 
Road and 59th Avenue.
25.
20.
All items for sale, excluding fuel dispensing machines, shall be located 
within buildings or located in designated areas screened from view so as 
to minimize potential impacts.
26.
21.
That aAll accessory equipment in the commercial development such as 
air, water, vacuums, and venting pipes shall be screened from view so as 
to minimize potential impacts.
27.
22.
That pProposed drive-through facilities shall orient drive-through 
windows away from Dobbins Road or adjacent residential uses. Drive-
through queueing lanes shall be screened from view of Dobbins Road 
and/or residential uses through the incorporation of a landscaped berm, 
screen wall, or a combination of a wall and berm at least four feet in 
height as approved by the PLANNING AND Development Services
Department.
28.
23.
That aAny service station canopies, or drive-through canopies shall not 
exceed 14 feet in height measured from the ground to the underside of 
the canopy. The overall height of the canopy shall not exceed 16 18 feet. 
All lights attached to the underside of the canopy shall be fully recessed.
29.
24.
That aAll canopy support pillars shall be a minimum of two feet wide by 
two feet deep from the ground to the underside of the canopy and shall 
be finished with compatible body and accent materials as the primary 
building.
30.
25.
That tThe residential developments shall use the Planned Residential 
Development (PRD) option.
31.
That aAt least one of the following options SHALL be offered to

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September 3, 2020 Planning Commission
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26.
purchasers of single-family houses excluding cluster homes:
a.
Front porch
b.
Front yard patio
c.
Low wall or fence in the front yard
32.
27.
That tThe property owner shall record documents that disclose to
purchasers of property within the development the existence and 
potential characteristics of agricultural use property in the vicinity. The 
form and content of such documents shall be reviewed and approved by 
the City Attorney. 
33.
28.
That aArchaeological excavation shall occur to determine if there are 
prehistoric cemeteries within the site, per the City Archaeologist (602) 
495-0901). If prehistoric human remains are discovered the remains shall 
be removed per the State of Arizona Antiquities Act Standards.
34.
IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY 
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA 
TESTING AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT 
OF THE DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY 
THE CITY ARCHAEOLOGIST PRIOR TO CLEARING AND GRUBBING, 
LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL.
35.
IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW 
OF THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY 
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY 
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL 
CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY 
EXCAVATIONS.
36.
IN THE EVENT ARCHAEOLOGICAL MATERIALS ARE 
ENCOUNTERED DURING CONSTRUCTION, THE DEVELOPER 
SHALL IMMEDIATELY CEASE ALL GROUND-DISTURBING 
ACTIVITIES WITHIN A 33-FOOT RADIUS OF THE DISCOVERY, 
NOTIFY THE CITY ARCHAEOLOGIST, AND ALLOW TIME FOR THE 
ARCHAEOLOGY OFFICE TO PROPERLY ASSESS THE MATERIALS.
29.
That the commercial development plans be presented for comment to the 
Laveen Village Planning Committee prior to commencement of 
commercial development.
37.
That sSidewalks, curbs, and streetscapes in the single-family residential

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September 3, 2020 Planning Commission
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30.
areas SHALL be designed in such a way to allow for rural mail delivery 
unless forbidden by the local serving post office.
38.
31.
That mMulti-story construction shall not be allowed on residential lots 
408-415 inclusive.
39.
32.
That wWrap-around architectural details and materials SHALL be used 
on all sides of homes along all street frontages on corner lots.
40.
33.
That hHome builders SHALL provide a range of durable materials that 
will minimize stucco and tile by offering decorative elements such as 
brick, decorative concrete block, and stone accents.
41.
34.
That aAll mechanical equipment in or on commercial developments must 
be ground mounted or be screened from view in such a manner to 
minimize potential impacts using materials consistent with the 
architectural character and theme of the development. 
42.
35.
That bBetween the commercial development and the cluster residential 
area there SHALL be a minimum 15-foot-wide landscape buffer with two 
rows of two-inch caliper trees planted 15 feet on center.
PLANNING HEARING OFFICER RECOMMENDATION
The Planning Hearing Officer recommended denial as filed and approval with 
modifications and additional stipulations.
EXHIBITS
A – Appeal Documents (2 pages)
B – Applicant’s Narrative (5 pages)
C – Aerial Map (1 page)
D – Zoning Map (1 page)
E – Approval Letter for Rezoning Case No. Z-62-02-7 (5 pages)
F – Sketch Map from Rezoning Case No. Z-62-02-7 (1 page)
G – Proposed Site Plan date stamped July 20, 2020 (1 page)
H – Proposed Elevations date stamped July 20, 2020 (3 pages)
I – Stipulated Site Plan date stamped August 20, 2002 (1 page)
J – PHO Summary for PHO-1-20—Z-62-02-7(8) (24 pages)
K – Correspondence regarding PHO-1-20—Z-62-02-7(8) (2 pages)

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901 East Madison Street | Phoenix, AZ 85034
www.norris-design.com
Z-62-02-7 
Modification of Stipulations
May 27, 2020
Request Narrative
The proposed 5.6-acre development site is located at the northeast corner of 59th Avenue & Dobbins Road. 
Historically the site was used for agriculture and is now currently vacant land. In 2002, the property was 
rezoned to from Suburban District (S-1) to Intermediate Commercial (C-1) as part of the larger Z-62-02
zoning case which included 143.3 total acres. To the north and east of the property is the Paseo Point 
Single Family Neighborhood zoned R1-8. To the south and west of the property is agricultural land zoned 
S-1. 
The subject parcel is a part of the Paseo Point Master Site Plan, approved with, and subject to the approval 
stipulations provided in the zoning case Z-62-02. The site plan now proposed at the northeast corner of 59th
& Dobbins envisions four commercial uses that include a convenience store with fuel canopy, a restaurant 
with drive-through, an automotive service center, and a childcare center. The pad which includes the 
convenience store and fuel station is intended to be the first of four pads to be developed.  The other three 
pads are envisioned to advance in a phased manner following market stability. Two entry/exit points will be 
provided along 59th Avenue and one entry/exit will be provided along Dobbins Road. A total of 160 parking 
stalls are provided throughout the proposed development, demonstrating compliance with stipulation 
number 18 of zoning approval. A ten-foot-wide multi-use trail will be provided along Dobbins Road with a 
walkway connecting the adjacent residential development to the commercial site. The perimeter of the 
subject property, that is adjacent to the residential use at to north and east, will planted with trees to buffer 
the proposed commercial uses as required by stipulation 35 of zoning approval. 
The first pad to be developed will be the convenience store and fueling station.  The fueling station will 
include 8 gas pumps with a 5,900 square foot shade canopy. The convenience store is planned to include 
5,500 square feet of space and will include a drive through for a small quick-service restaurant. The 
underground fuel storage tanks will be located to the west of the fueling canopy and designed to provide 
adequate, on site, circulation for fuel delivery. 
The future developed pads include an automotive service center, a childcare center, and a restaurant with 
drive through facilities. Each of these intended uses have expressed interest in being developed at this 
location but are unable to make the full commitment under the current COVID 19 market environment.  The 
Applicant is optimistic that each of these uses will advance through the Preliminary Site Plan Review 
Process within the next 12 to 18 months.   
To respond to the emerging residential growth being experienced within the Laveen Area, and in response 
to the opening of the Southwest Loop Freeway, the proposed site plan at 59th Avenue and Dobbins Road is 
anticipated to provide necessary services to existing and future area residents.  To accommodate the uses 
as envisioned, a request to modify four of the original thirty-five stipulations of zoning approval is being 
requested.  Our request to modify stipulations 1, 3, 16, 23, and 29 from zoning case Z-62-02 is presented in 
the attached legislative edit document as necessary to define the specific amendments.

901 East Madison Street | Phoenix, AZ 85034
www.norris-design.com
May 27, 2020
Z-62-02-7 
October 30, 2002
Modification to Stipulations
General:
1.
That the development shall be in general conformance with the site plan dated August 20, 2002 MAY 28, 2020
as maybe modified and approved by the Development Services PLANNING AND DEVELOPMENT Department.
Rationale: The conceptual site plan provided with the original zoning request, dated August 20, 2002, was very 
conceptual in character and form. Eighteen years later, following the opening of the Southwest Loop Freeway,
the developer wishes to construct a Convenience Store / Fuel Station on the corner parcel of the subject
commercial property and re-configure the commercial site plan design. Contractual discussions have begun
regarding the other three uses depicted on the update site plan (Automobile Service Center, Childcare Center, 
and Restaurant use) are all tentatively proposed to configurate a functional commercial property but are tentative 
at this time.  An update to the conceptual site plan approved with case Z-62-07 is required to depict an update to 
the site configuration and promote community predictability regarding future uses.
2.
That residential elevations conform to the Laveen Residential Design Guidelines.
3.
That the site plan and elevations of the commercial development prior to preliminary site plan review submittal
shall be reviewed and approved through the 3lanning +earing 2fficer hearing process. Also,
The Chair of the LVPC shall be invited to attend Development Services PLANNING AND DEVELOPMENT
Department's preliminary review meeting.
Rationale: Site Plan for the commercial development and building elevations for the proposed commercial center 
have been provided for this PHO review process as required by Stipulation #3. The Applicant will be sure to
coordinate the Preliminary Site Plan Review meeting invitation with the Chair of the Laveen Village Planning 
Committee. This PHO application is intended to satisfy the first requirement of the zoning approval.
Streets and Right-of-Way:
4.
That the following rights-of-way shall be dedicated:
a.
60 feet shall be dedicated for the north half of Dobbins Road
b.
30 feet shall be dedicated for the south half of South Mountain Avenue
c.
55 feet shall be dedicated for the east half of 59th Avenue
d.
30 feet shall be dedicated for the west half of 55th Avenue
5.
Twenty-one-foot by 21-foot right-of-way triangles shall be dedicated:
a.
At the northeast corner of 59th Avenue and Dobbins Road
b.
At the northwest corner of 55th Avenue and Dobbins Road
c.
At the southwest corner of 55th Avenue and South Mountain Avenue
6.
That the applicant shall work with the developer of Laveen Commons to establish the alignment of 59th Avenue
at South Mountain Avenue.
7.
That sufficient right-of-way shall be dedicated to accommodate a far-side busbay (Detail P-1257) on 59th Avenue
and Dobbins Road

901 East Madison Street | Phoenix, AZ 85034
www.norris-design.com
8.
That the developer shall construct all streets within and adjacent to the development with paving, curb, gutter, 
sidewalk, curb ramps, streetlights, median islands, landscaping, and other incidentals as per plans approved by 
the Development Services Department. All improvement shall comply with all ADA accessibility standards. 
9.
That the applicant shall complete and submit the Developer Project Information Form for the MAG 
Transportation Improvements Program to the Chief Engineering Technician (602) 262-6193 Street 
Transportation Department. This form is a requirement of the Environmental Protection Agency to meet clean air 
quality standards. 
Site Amenities:
10. That a walkway be provided between the commercial and residential development as noted on the site plan. 
Pedestrian walkways/connections within/between the commercial and residential developments shall be 
constructed of materials other than asphalt. If concrete is chosen it will be stamped.
Open Space, Trails, Fencing and Entrances: 
11. That the main entrance (59th Avenue, Dobbins, 55th Avenue and South Mountain) to the housing subdivisions 
shall incorporate subdivision entry signage and monumentation. Entry design concepts shall be attractive, low in 
profile, as approved by the Development Services Department. 
12. That a continuous multi-use trail from Dobbins Road to South Mountain Road shall be provided as approved by 
the Parks and Recreation Department. 
13. That a trail shall be provided along South Mountain Road Between 55th and 59th Avenues that shall connect with 
the trail through the development as approved by the Parks and Recreation Department. Said trail shall be 15 
feet in width as shown on the site plan. 
Commercial Design:
14. Commercial Design That rear and side facades and roofline treatment including color, texture, and material shall
be “architecturally finished” to minimize visual impact to adjacent residential areas as approved by Development 
Services Department. 
15. That corporate colors and associated graphics shall be used only as an accent feature, as to not dominate the 
architectural design of the development as determined by the Development Services Department. 
16. That commercial structures shall provide a continuous shade protected walkway a minimum of ten feet in depth 
along all building walls that have a customer entrance. 
Rationale: The design intent of this stipulation is not immediately clear making the implementation ambiguous.
The new site plan concept envisions four individual development parcels with uses ranging from a Convenience 
Store to a Child Care Center. In the evaluation of the previous, stipulated, conceptual site plan, it appears the 
proposed retail center was envisioned as a traditional ‘strip’ configuration with connected stores thereby perhaps 
justifying a continuous 10’ wide arcade. The four individual uses now proposed will utilize specific points of 
building entry which, depending on the use, will require a different design solution to promote shade and comfort.
To determine the best design solution, solar orientation must be considered, and pedestrian movements defined.  
Regardless, the City of Phoenix Design Review standards, by design, promote shade and comfort as a 
fundamental Design Principle and with corresponding design standards.
17. That all buildings shall have a similar architectural character and have architectural enhancements such as 
stone, burnt adobe, textured brick, wood (when shaded by overhangs or deep recesses), slump block, ceramic 
tile (matte finish) stucco, or exposed aggregate concrete.

901 East Madison Street | Phoenix, AZ 85034
www.norris-design.com
18. That parking at the time of preliminary approval shall be limited to no more than 20% above that required by the 
Zoning Ordinance. 
19. That landscaping along Dobbins Road and 59th Avenue shall include 2-inch caliper trees planted 20 feet on 
center. Landscaping or other forms of shading in the parking lots shall shade 25% of the parking lot by maturity. 
Berms or decorative walls shall be provided along Dobbins Road and 59th Avenue. 
20. All items for sale, excluding fuel dispensing machines, shall be located within buildings or located in designated 
areas screened from view so as to minimize potential impacts. 
21. That all accessory equipment in the commercial development such as air, water, vacuums and venting pipes 
shall be screened from view so as to minimize potential impacts. 
22. That proposed drive-through facilities shall orient drive-through windows away from Dobbins Road or adjacent 
residential uses. Drive-through queuing lanes shall be screed from view of Dobbins Road and/or residential uses 
through the incorporation of a landscaped berm, screen wall, or a combination of a wall and berm at least four 
feet in height as approved by the Development Services Department. 
23. That any service station canopies or drive-through canopies shall not exceed 14 feet in height, measured from 
the ground to the underside of the canopy. The overall height of the canopy shall not exceed 16 18 feet. All lights 
attached to the underside of the canopy shall be fully recessed. 
Rationale: The increase from 16 feet to 18 feet total canopy height is requested to allow a 42” fascia treatment. 
This will allow for a more typical steel canopy structure design and adequate opportunity for corporate branding 
requirements while providing additional architectural embellishment.
24. That all canopy support pillars shall be a minimum of two feet wide by two feet deep, from the ground to the 
underside of the canopy, and shall be finished with compatible body and accent materials as the primary
building. 
25. That the residential developments shall use the Planned Residential Development (PRD) option. 
26. That at least one of the following options be offered to purchasers of single-family houses excluding cluster 
homes: 
a.
Front porch
b.
Front yard patio
c.
Low wall or fence in the front yard
27. That the property owner shall record documents that disclose to purchasers of property within the development 
the existence and potential characteristics of agricultural use property in the vicinity. The form and content of 
such documents shall be reviewed and approved by the City Attorney. 
28. That archeological excavation shall occur to determine if there are prehistoric cemeteries within the site per the 
City Archeologist (602-495-0901). If prehistoric human remains are discovered, the remains shall be removed 
per the State of Arizona Antiquities Act Standards. 
29. That the commercial development plans be presented for comment to the Laveen Village Planning Committee
prior to commencement of commercial development.

901 East Madison Street | Phoenix, AZ 85034
www.norris-design.com
Rationale: Site Plan for the commercial development and building elevations for the proposed Convenience 
Store / Fuel Station have been provided for this PHO review process and will be reviewed for comment by the 
LVPC as part of this process. This process will satisfy the stipulation.
30. That sidewalks, curbs, and streetscape in the single-family residential areas be designed in such a way to allow 
for rural mail delivery unless forbidden by the local serving post office. 
31. That multi-story construction shall not be allowed on residential lots 408-415 inclusive. 
32. That wrap-around architectural details and materials be used on all sides of homes along all street frontages on 
corner lots. 
33. That home builders provide a range of durable materials that will minimize stucco and tile by offering decorative 
elements such as brick, decorative concrete block, and stone accents. 
34. That all mechanical equipment in or on commercial developments must be ground mounted or be screened from 
view in such a manner to minimize potential impacts using materials consistent with the architectural character 
and theme of the development. 
35. That between the commercial development and the cluster residential area there be a minimum of 15 foot wide 
landscape buffer with two rows of two-inch caliper trees planted 15 feet on center.

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W
SIESTA WAY
S 57TH DR
S 58TH DR
W
MILA
DA
D
R
S 58TH LN
S 59TH AVE
W DOBBINS RD
W BETH DR
W GWEN ST
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-20--Z-62-02-7
Property Location: Northeast corner of 59th Avenue and Dobbins Road
0
200
400
100
Feet ´

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W
SIESTA WAY
S 57TH DR
S 58TH DR
W
MILA
DA
D
R
S 58TH LN
S 59TH AVE
W DOBBINS RD
W BETH DR
W GWEN ST
S-1
R1-10*
S-1
S-1
C-1*
R1-8*
S-1
R1-8 PRD
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-20--Z-62-02-7
Property Location: Northeast corner of 59th Avenue and Dobbins Road
0
200
400
100
Feet ´

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*   Maximum Units Allowed with P.R.D. Bonus
APPLICANT'S NAME:
APPLICATION NO.
DATE:
REVISION DATES:
REQUESTED CHANGE:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO &
QUARTER SEC. NO.
ZONING MAP
MULTIPLES PERMITTED
CONVENTIONAL OPTION
*   UNITS P.R.D. OPTION
FROM:
TO:
CITY COUNCIL DISTRICT:
CITY OF PHOENIX PLANNING DEPARTMENT
NORTH
E
V
A
 
H
T
5
7
E
V
A
 
H
T
7
6
E
V
A
 
H
T
9
5
E
V
A
 
T
S
1
5
E
V
A
 
D
R
3
4
E
V
A
 
H
T
5
3
E
V
A
 
H
T
7
2
BROADWAY RD
BASELINE RD
SOUTHERN AVE
DOBBINS RD
ELLIOT RD
ESTRELLA DR
#
S-1
59TH AV
DOBBINS RD
IRRIGATION RD
55TH AV
59th Ave
55th Ave
Dobbins Rd
South Mountain Ave (align)
APP
C-2
Z126-00
APP
R1-8
Z126-00
APP
R1-8  *
Z36-99
MARICOPA
            COUNTY
PHOENIX  CITY  LIMITS
400
0
400 Feet
545 / N/A
616 / N/A
 R1-8, C-2
S-1, Rural-43 (S-1 Pending)
8-14-2002
7
C5
Q02-15
S-1, Rural-43 (S-1 Pending)
Laveen Village
143.30 Acres
62-02
62-02
LVA Urban Design Studio/Alan Beaudoin
N/A
143
R1-8 (136.30 ac)
C-2 (7.00 ac)
9-9-2002

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NEC 59TH & DOBBINS | SITE PLAN
06/22/2020
NORTH
SCALE
0
20
40
80
SOUTH MOUNTAIN AVE.
W DOBBINS AVE.
W PLEDMONT DR
W McNELL ST.
W OLNEY AVE.
S 51ST AVE.
S 55TH AVE.
S 59TH AVE.
S 48ST AVE.
S 63RD AVE.
W DOBBINS AVE.
MARICOPA
TRAIL
S 56TH AVE.
S 53RD
AVE.
W LaMIRADA DR.
W BASELINE RD.
MEADOW
LOOP
SITE
LOOP 202
PAD 2
9,500 SF
HEIGHT: 15’
PAD 3
16,600 SF
HEIGHT: 15’
PAD 1
5,477 SF
HEIGHT: 15’
PAD 4
4,600 SF
HEIGHT: 15’
5,877 SF
HEIGHT: 15’
PARCEL 2
+/- 1.78 AC
PARCEL 3
+/- 1.46 AC
PARCEL 4
+/- 1.36 AC
PARCEL 1
+/- 2.32 AC
SOUTH 59TH AVENUE
WEST DOBBINS ROAD
SINGLE FAMILY 
RESIDENCE 
(R1-8)
AGRICULTURAL 
(S1)
AGRICULTURAL 
(S1)
AGRICULTURAL 
(S1)
LANDSCAPE 
BUFFER
LANDSCAPE 
BUFFER
SINGLE FAMILY 
RESIDENCE 
(R1-8)
PLAY AREA
11,000 SF
BUS BAY
PROJECT DESCRIPTION:
THE SITE INCLUDES THE DEVELOPMENT OF A COMMERCIAL/RETAIL CENTER WITH FOUR RETAIL PADS. 
USERS INCLUDING A CONVENIENCE STORE WITH FUEL, FAST FOOD RESTAURANT WITH A DRIVE 
THRU, MOTOR VEHICLE SERVICE & REPAIR SHOP, &  CHILD CARE CENTER. TWO ENTRY/EXIT POINTS 
WILL BE PROVIDED ALONG 59TH AVE, AND ONE ENTRY/EXIT WILL BE PROVIDED AT DOBBINS RD. ON 
SITE STORMWATER WILL BE MANAGED THROUGH A COMBINATION OF SURFACE AND UNDERGROUND 
RETENTION
PROJECT DATA:
APN: 300-02-011C
TOTAL GROSS AREA: +/-6.98 AC
TOTAL NET AREA: +/- 5.58 AC
TOTAL LOT COVERAGE: 17.30%
TOTAL PROPOSED SF: 42,054 SF
PARKING REQUIRED: 157
 
      PROVIDED: 160
RELATED CASE: Z-62-02-7
EXISTING & PROPOSED ZONING: C-2
PARCEL 1:
GROSS AREA: +/- 2.32 AC
NET AREA: +/- 1.55 AC
LAND USE: CONVENIENCE STORE, GAS STATION, DRIVE THROUGH (PERMITTED: 621.D.73)
MAX LOT COVERAGE: 50%
LOT COVERAGE PROVIDED: 16.82%
LANDSCAPE PROVIDED: +/-12,345.00 (18.28%)
PARKING SPACES REQUIRED: CONVENIENCE STORE & DRIVE THROUGH: 
1 SPACE PER 300 SF
1 SPACE PER 50SF OF DINING AREA
 
TOTAL PARKING SPACES REQUIRED: 24 
 
DRIVE THROUGH: 6 (EST. 300SF/50)
 
CONVENIENCE STORE: 18 (EST. 5,177SF/300SF)
PARCEL 2: FUTURE PHASE
GROSS AREA: +/- 1.78 AC
NET AREA: +/- 1.41 AC
LAND USE: AUTOMOTIVE SERVICE 
MAX LOT COVERAGE: 50%
LOT COVERAGE PROVIDED: 15.54%
LANDSCAPE PROVIDED: +/-14,004.44 SF (23%)
PARKING SPACES REQ: 2 PER BAY & 1 PER 300 SF OF ADMIN
 
TOTAL PARKING SPACES REQUIRED: 30 
PARCEL 3: FUTURE PHASE
GROSS AREA: +/- 1.46 AC
NET AREA: +/- 1.46 AC 
LAND USE: CHILDCARE FACILITY (NURSERY SCHOOL) PERMITTED 621.D.119
MAX LOT COVERAGE: 50%
LOT COVERAGE PROVIDED: 14.3%
LANDSCAPE PROVIDED: +/- 16,266.76 SF (26%)
PARKING SPACES REQ: CHILDCARE FACILITIES: 1 SPACE PER 300 SF FLOOR AREA (20% REDUCTION 
ALLOWED)
 
TOTAL PARKING SPACES REQUIRED: 45
PARCEL 4: FUTURE PHASE
GROSS AREA: +/- 1.36 AC
NET AREA: +/- 1.12 AC
LAND USE: RESTAURANT (PERMITTED; USE PERMIT REQUIRED W/IN 300’ OF RESIDENTIAL: 621.D.150 
FOR DRIVE THROUGH)
MAX LOT COVERAGE: 50%
LOT COVERAGE PROVIDED: 9.04%
LANDSCAPE PROVIDED: +/- 14,275.74 SF (28%)
PARKING SPACES REQUIRED: RESTAURANT: 1 SPACE PER 50 SF
 
TOTAL PARKING SPACES REQUIRED: 58   
 
(2,307 SQ FT OF SERVICE AREA / 50=REQUIRED)

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NEC 59TH & DOBBINS | GAS USER ELEVATIONS
06/18/2020
SCALE
0
4
8
16
FRONT ELEVATION (DOBBINS ROAD)
REAR ELEVATION 
WEST SIDE ELEVATION (59TH AVENUE)
EAST SIDE ELEVATION
S
I
G
N
S I G N
S I G N
S I G N

NEC 59TH & DOBBINS | GAS USER ELEVATIONS
06/18/2020
SCALE
0
2
4
8
FRONT ELEVATION (DOBBINS ROAD)
EAST ELEVATION 
S I G N
S I G N

NEC 59TH & DOBBINS | SCREEN WALL ELEVATIONS
06/18/2020

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Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 1
REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Julianna Pierre, Planner I, Assisting
July 15, 2020
ITEM NO: 1
DISTRICT 8
SUBJECT:
Application #:
PHO-1-20--Z-62-02-7(8)
Zoning: 
C-1
Location:
Northeast corner of 59th Avenue and Dobbins Road
Acreage: 
6.96
Request:
1) Modification of Stipulation 1 regarding general 
conformance with the site plan dated August 20, 2002.
2) Planning Hearing Officer review and approval of site 
plan and elevations per Stipulation 3.
3) Deletion of Stipulation 16 regarding a shade protected 
walkway along building walls with customer entrances.
4) Modification of Stipulation 23 regarding canopy height.
5) Presentation of commercial development plans to the 
Laveen Village Planning Committee for comment per 
Stipulation 29.
6) Technical corrections to Stipulations 8, 11, 14, 15, and 
22.
Applicant:
Ward Development
Owner:
Rodney & Donna Kleck Family Trust Agreement
Representative:
Alan Beaudoin, Norris Design
ACTIONS
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended denial as filed and approval with modifications and additional 
stipulations.
Village Planning Committee (VPC) Recommendation: The Laveen Village 
Planning Committee heard this case on July 13, 2020 and recommended denial 
by a 6-2 vote.
DISCUSSION
13 people spoke in opposition to the request.
3 people spoke in favor of the request.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 2
5 people spoke indicating no position on the request.
Alan Beaudoin, representative with Norris Design, discussed the history of the 
site.  He stated that the subject site was rezoned and planned in 2002 in unison 
with the surrounding Paseo Point subdivision and was intended to provide 
neighborhood retail uses for this community. 
Mr. Beaudoin stated that he was asking for modification of Stipulation 1, 
regarding general conformance with the site plan dated August 20, 2002, to 
reflect a new conceptual site plan.  He stated that neighborhood retail uses were 
proposed including a gas station, auto repair shop, day care, and drive through 
restaurant.  He noted that the proposed site plan depicts two full access 
driveways along 59th Avenue and a right in, right out driveway along Dobbins 
Road.  He added that the plan breaks up surface parking areas, provides 
enhanced landscaping, and provides internal pedestrian circulation and 
connectivity to public sidewalks.  He added that the new plan is consistent with 
the character of the Laveen area and recommendations from the Laveen Village 
Planning Committee (VPC) and Laveen Citizens for Responsible Development 
(LCRD).  He added that the existing multi-use trail along Dobbins Road will be 
extended to the intersection.  
Mr. Beaudoin stated that going through the Planning Hearing Officer (PHO) 
process provides compliance with Stipulation 3, regarding PHO review and 
approval of site plan and elevations.  He added that he had no concerns retaining 
the requirement for the applicant to invite the Chair of the Laveen VPC to 
preliminary site plan review meetings.  He stated that while meeting with the 
LCRD, a request was made to invite the Chair of the LCRD to the preliminary 
review meeting as well.  He indicated that was amenable to this request.
Mr. Beaudoin stated that the design elements detailed in Stipulation 16, 
regarding a shade protected walkway along building walls with customer 
entrances, were applicable to the stipulated site plan, but not the proposed plan.
Mr. Beaudoin stated that he was unsure how height was measured in Stipulation 
23, regarding canopy height, but he sought modification to the stipulation to allow 
increased height for the proposed gas station canopy.  He explained that the 
conceptual elevations for the fuel canopy had been revised in order to include a 
new mansard-roof style and provide enhanced rural character and consistency 
with the proposed building elevations.
Mr. Beaudoin stated that he went before the Laveen VPC on Monday, July 13, 
2020 which would satisfy Stipulation 29 regarding presentation of commercial 
development plans to the Laveen Village Planning Committee for comment.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 3
Mr. Stranieri asked for clarification regarding the elevations in Mr. Beaudoin’s 
presentation as they appeared updated from the initial application.  Ron Harris, 
representative with Norris Design, stated that the elevations had been updated 
since the PHO submittal with new design elements in response to comments 
received during their outreach and meetings with the LCRD and VPC.  Mr. 
Stranieri explained that the updated plans would need to be formally submitted 
since they are being discussed and presented at a public hearing.
Mr. Beaudoin stated that per the Zoning Ordinance’s provisions regarding 
commercial properties, a screen wall would be provided around the commercial 
property.  He stated that the screen wall will block light emanating from the 
property and screen potential service bays from 59th Avenue.
Mr. Beaudoin stated that the LCRD requested an opportunity to review a 
Comprehensive Sign Plan, provision of a Traffic Impact Study, a gateway feature 
to be provided at the intersection of 59th Avenue and Dobbins Road, the 
proposed service station to be placed away from the residential use, that the 
applicant create a landscape focal point at the main access intersection, and 
diamond landscape planters to be used in larger parking areas. He stated that he 
was willing to accommodate these requests, and some had already been made 
on the revised plans. The LCRD also requested that Stipulation 29 remain, 
allowing for the opportunity to review plans as additional pads were developed on 
the site.  He stated that he disagreed with the request because any proposed 
buildings would go through design review and the Chair of the LCRD would be 
invited to the preliminary site review meeting.
Alexander Romero, a member of the public, stated that he did not have any 
comments, but was in favor of the request.
Bryan Cerminaro, a member of the public, stated that he opposed the request.  
He stated that the services proposed by the applicant are already available within 
one mile of the site.
Ellen Johnson, a member of the public, stated that she did not have any 
comments, but was not opposed to the request.
Erika Corral Lopez, a resident of Paseo Point, block watch lead, and board 
member for the community, stated that she was opposed the request.  She 
stated that a gas station would be better in a location closer to the highway or 
where there are no residences.  She stated that only 17% of the community was 
notified.  She stated that the applicant should have enhanced notification efforts 
because the proposal would impact more than 60 homes in the 435-home Paseo 
Point community.  She stated that when she purchased her home in 2009, a gas 
station was not part of the Laveen Master Plan.  The subject site was designated 
as light retail with a town center and community friendly environment.  She stated

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 4
that a gas station is not a community friendly environment.  She added that even 
if the zoning allows for a gas station, a gas station should not be placed in this 
location.  She stated that the presenter at the Laveen VPC meeting mentioned 
that gas stations were safe.  She stated that a Columbia University study 
examining the release of vapors from gas stations found emissions were 10 
times higher than estimates used in setback regulations to determine how close 
schools, playgrounds, and parks can be to these uses.  She added that gasoline 
vapors contain toxic chemicals and carcinogens.  She stated that the study found 
people can be exposed to chemicals beyond the setback distance of 300 feet. 
She stated that data also shows gas stations next to residential communities 
increase vandalism and decrease home resale values.  She stated that she 
currently hears cars from the Loop 202 Freeway and imagines increased traffic at
night with a new gas station.  She stated that the community currently pays off-
duty Phoenix police officers due to vandalism from high school students.  She 
stated that the gas station will worsen these issues and that the community 
cannot fund increased patrols.  She stated that the screen wall will not have an 
impact because nearby homes are two-stories.  She added that a Traffic Impact 
Study needs to be done, but there are only two lanes and the area does not have 
the infrastructure to sustain the potential traffic. 
Felicitas Romero, a member of the public, stated that she is in favor of 
development of the area if land uses are community related.  She stated that she 
was unsure of a gas station.
Jaime Sopena, a member of the public, stated that he was not directly impacted, 
but did have concerns.  He stated that he understands the convenience of a local 
gas station but has concerns with the activity it may bring; especially increased 
traffic.
Kathy Wigal, a resident of Paseo Point and HOA board member, stated that she 
opposed the request.  She stated that at the Laveen VPC meeting the applicant 
stated that a gas station had already been approved in 2002 and that nothing 
could be done, a statement she disagrees with.  She added that in the applicant’s 
presentation the site plan shows retail, but does not specify specific land uses, 
including a gas station or auto repair shop.  She stated that 18 years have 
passed and most of the homes now impacted were not built in 2002 and the plan 
should be returned to the community and Laveen planning bodies for review and 
approval.  She added that several members of the Laveen VPC have already 
indicated that this may not be the right site for this plan and have suggested 
alternatives.  She stated that the applicant’s notification was limited, so it was not 
surprising that he only received one response.  She stated that research shows 
the impact of hazardous materials is far beyond 500 feet and from the comments 
received there is interest and concern in discussing this issue.  She stated that in 
response to her health and safety concerns voiced at the VPC meeting, Mr. 
Beaudoin stated that it was safer to live behind a gas station than a day care.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 5
She stated that the Fire Protection Association reports more than 5,000 gas 
station fires annually compared to 324 day care fires per year.  She stated that 
Mr. Beaudoin maintained that new gas stations are safe and do not have the 
hazardous materials issues of the past.  She stated that there is a growing body 
of research indicating that health effects extend much further from gas stations.  
She stated that a 2019 study on benzene emissions from underground storage 
tanks showed that emissions were high enough to constitute a health risk at up to 
518 feet.  She stated that the study also showed 10 times higher estimates than 
the current setbacks.  She stated that this also raises concerns about the 
collocation of a day care facility on the property.  She added that crime data from 
the Federal Bureau of Investigation (FBI) and a research study indicate that 6% 
of robberies target convenience stores. Convenience stores with food service, 
alcohol and tobacco sales, and 24-hour service experience increased instances 
of crime. She stated that mortgage lenders rely on property assessments and 
use the proximity of gas stations and repair facilities as a factor in determining 
resale values. She added that some lenders, such as the Federal Housing 
Administration (FHA), may not offer loans as a result.  She stated that this will 
make property resale more difficult and at lower prices and lower equity.  She 
expressed concerns regarding light pollution, noise, refuse odor, traffic, privacy 
loss, and potential vandalism.  She stated that Mr. Beaudoin mentioned that only 
the gas station is ready to move forward at this point, leaving the remainder of 
the site vacant and subject to security concerns.  She stated that the project 
could be built across the street or closer to the freeway and provide similar 
services without impacting existing residences.  She stated that residents did 
their due diligence when moving here and disclosures indicated light retail.  She 
stated that she also reviewed the Laveen Master Plan that laid out a town center 
and community friendly environment.  She urged that the stipulation 
modifications be denied, and the property return to a model that preserves the 
health, safety, security, quality of life, and community character that residents 
came to Laveen for.
Mark Deaner, an HOA board member, stated that he opposed the request. He 
stated that he had the same concerns as Ms. Lopez and Ms. Wigal.  He stated 
that gas stations lead to higher crime rates, which may lead to increased fees for 
the community because they would have to pay for more security.  He stated that 
there were health concerns regarding gas fumes for residences adjacent to the 
site.
Mary DeLeon, a member of the HOA board, stated that her property is adjacent 
to the subject site.  She stated that she opposes the request and had the same 
concerns as other speakers.  She stated that if a gas station was built in this 
location the community would have to fund increased security and they cannot 
afford off-duty police or security patrols 7 days a week, 24 hours a day.  She 
stated that there were also health and safety risks that the proposed 
development poses.  She stated that when she moved in, she believed the site

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 6
would include walking paths and community focused and family-friendly 
amenities.  She stated that a gas station and auto repair shop did not seem 
family friendly.  She added that the refuse location was essentially in a resident’s 
backyard.  She stated that the case should go back to the Laveen VPC so they 
can continue to advise on alternative locations.
Melissa Groff, a resident of Paseo Point, expressed concern regarding how the 
proposal may impact home values, and lead to increased crime and safety 
concerns.  She stated that she was not sure how this will affect home values but 
can’t see that it would be good.  She added that the proposed auto-focused uses 
do not make sense with the proposed day care facility.
Mia Spencer, a member of the public, stated that she opposed the request 
because she had concerns regarding the location of the gas station and auto 
repair shop.
Paul Gilbert, representing the developer, stated that the property was rezoned for 
commercial land uses.  He stated that most of the opposition is to the proposed 
land uses, but the permitted land uses are not in question in the current request.  
He stated that since the property is zoned commercial, it would allow for a gas 
station.  He stated that the stipulations require that the applicant come back for 
elevation and site plan approval.  He added that there have been no comments 
on the proposed conceptual elevations. He stated that he was surprised that 
neighbors were surprised that a gas station is being proposed.  He stated that 
the original stipulations in the rezoning case reference a gas station, specifically 
language about fuel canopies.  He stated that the stipulations made it clear that a 
gas station was always contemplated for the site.  He stated that he was not 
opposed to working with the neighborhood and various review agencies.  He 
added that the applicant had worked with the LCRD, agreed to all their 
comments, and made substantial changes to proposed plans in response.  
Regino Hinojosa, an HOA board member, stated that when he bought his house, 
he was told that the subject property would be developed for a community-
focused land use.  He stated that a gas station could increase crime.  He stated 
that he was a mortgage professional and understood why residents would be 
concerned about the gas station and auto-repair uses.  He added that the use 
may not affect home values, but constant crime at the location would.  He stated 
that there were already issues with high school students vandalizing the area and 
the gas station would give them a new place to congregate.  He stated that 
building across the street or closer to the Loop 202 Freeway would be more 
convenient.  He also expressed concern regarding health impacts.  He added 
that neighbors exercise throughout the area, which they would not be able to do 
with increased traffic.  He stated that the day care center is community friendly 
but requested that other land uses be considered in place of the auto-related 
businesses.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 7
Robert Branscomb, Chairperson of the Laveen VPC, stated that he opposed the 
request.  He stated that the purpose of the Laveen VPC is to make 
recommendations and help the community and local businesses. He stated that 
the VPC works with the LCRD and their efforts to develop site plans with 
developers, but the VPC is the official community planning body for the City.  He 
stated that the property is zoned for commercial, but that doesn’t mean it has to 
be a gas station.  He stated that the VPC and the community have concerns with 
the notification distance.  He added that there are homes to the north and east, 
but no one to notify to the south.  He stated that the proposed development may 
not fit the character of the area.  He added that the gas station is the only 
solidified development, which could leave the remainder of the property vacant 
for years.  He stated that there are issues with policing in the area.  He added 
that there are crime issues with existing gas stations and cited a murder at a gas 
station at 51st Avenue and Baseline Road.  He added that bringing a new gas 
station into the community is a justified concern.  He stated that he would like the 
case to come back to the VPC for further work with the applicant and community.
Scott Kuknyo, a member of the public, stated that he opposed the request.  He 
stated that the proposed businesses are not community friendly.  He stated that 
the community already has issues with security and safety.  He added that these 
uses will increase crime and existing issues along Baseline Road will make their 
way into the neighborhood.
Tonya Glass, a resident of Paseo Point and Vice-Chair of the Laveen VPC, 
stated that she opposed the request.  She stated that, based on the proposed 
site plan, if there was a catastrophic event at the gas station or auto repair shop, 
the day care would have limited ingress and egress from the site.  She added 
that adjacent residents would also be susceptible to hazardous materials.  She
stated that the site plan is not conducive to the safety of the day care or adjacent 
residents.  She stated that some members of the Laveen VPC from 2002 are 
now members of the LCRD but are not residents of Paseo Point.  She stated that 
this is the City’s opportunity to give residents an opportunity to voice their 
opinion. She stated that future signage and lighting plans should be brought to 
the Laveen VPC for review and comment.  She stated that because of the 
distance from the Loop 202 Freeway, any signage and lighting may be a 
nuisance to residents.  She stated that she looked through her housing 
agreement and there was no disclosure of a proposed future gas station to the 
residents of Paseo Point.
Francisco Courith, a member of the public, stated that he opposed the request 
and would be directly impacted by the project.  He stated that he opposes the 
proposed uses because of the hazardous materials that would pose a danger to 
the entire community.  He stated that the community did not have the capacity for 
law enforcement to respond to increased calls.  He stated that a gas station a

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 8
mile away had over 250 police calls since 2017.  He stated that he has spoken to 
multiple police officers and there are not enough officers to respond to calls if an 
incident occurred.  He stated that he was also opposed to the restaurant and 
expressed concerns regarding smells and noise pollution.  He stated that this is 
not the appropriate site for the proposed uses and that there is plenty of land in 
the surrounding area for commercial businesses.  He stated that the same 
services are available within a mile of the property.  He stated that the proposal 
should be more community friendly.  He stated that the proposed businesses will 
bring crime to the community and negatively impact home values.
John Carpenter, a member of the public, stated that he is not opposed to the 
case.  He stated that he is a local realtor who sells properties all over town and 
these uses will not affect the value of homes in the community.
Jamie Adell, a member of the public, stated that she is opposed to the request.  
She stated that she does not want a gas station or auto repair shop so close to 
her home and that a better location would be closer to the Loop 202 Freeway.  
She stated that when she purchased her home, she was not informed that a gas 
station would be developed nearby.  She added that the subject site was going to 
be a community walking path with a potential park.  She stated that she was 
concerned about home values and potential for increased crime.  She stated that 
this negatively impacts the residents of Paseo Point and the residents of Laveen 
should have a voice in this matter.
Derik Lett, a member of the public, stated that he was opposed to the request.  
He stated that the location is not a safe place for a gas station.
Melissa Kneeling, a member of the Paseo Point community, stated that she is 
opposed to the location of the gas station and the auto repair shop.  She stated 
that she is not opposed to growth in Laveen and another gas station could 
benefit the area, but that it needs to be closer to the Loop 202 Freeway.  She 
stated the location is a security concern as it is so close to the neighborhood.  
She stated that the proposal may increase crime and that signage would 
increase light pollution.  She added that there may be additional environmental 
issues in residents’ backyards.
Linda Abegg, a member of the Laveen VPC, stated that she wants to see the 
applicant work through issues with the site plan with the community.  She stated 
that if the case goes forward, she recommends Stipulations 3 and 16 be 
maintained.  She stated that shade canopies on commercial buildings should be 
retained, but the applicant could defer to the PHO’s recommendation regarding 
their location and dimensions.  She suggested that signage and lighting plans 
should also come back through the PHO process.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 9
Mr. Beaudoin stated that this is an application to modify existing stipulations and 
not a discussion about the appropriate zoning designation for the site, which 
occurred in the rezoning case in 2002.  He stated that when he first started the 
PHO process, he thought C-2 was approved for the site, but through zoning 
verification found that the C-2 request was denied as filed and the case was
approved for C-1.  He stated that an auto repair shop is a permitted use in the C-
2 zoning district and to have that use on the property may require rezoning.  He 
added that the gas station is a permitted use by right in the C-1 zoning district 
and is desirable at the subject property.  He stated that he has been a 
professional planner for 33 years and believes the proposed uses for the site 
work together.  He stated that 70 individual letters were mailed, and he followed 
City standards regarding required public notification.  He stated that a 
modification of stipulations is typically a discussion with immediate residents and 
those persons were notified.  Mr. Stranieri asked if any responses were received 
to the mailing.  Mr. Beaudoin stated that he received one phone call and no 
written correspondence.
Mr. Beaudoin stated that he disagreed with statements made by Ms. Wigal.  He 
stated that he did make a presentation at the Laveen VPC but that some 
comments attributed to him were made by others in attendance at the VPC 
meeting.  He stated that when met with constructive comments, he immediately 
responded and incorporated those comments into the proposed plans.  He stated 
that most remarks received at the Laveen VPC meeting were not constructive but 
that he was willing to further discuss the recommendations suggested by Ms. 
Abegg.
Mr. Stranieri asked if Paul Gilbert was in attendance as a representative of the 
applicant.  Mr. Beaudoin clarified that he was the registered representative, but 
that Mr. Gilbert is a representative of the applicant and wanted to participate after 
hearing the VPC results.
Mr. Gilbert stated that the property is already zoned C-1 and that there are no 
stipulations prohibiting certain uses.  He stated that most of the opposition was
directed at the gas station, but that the proposed uses are permitted in the zoning 
district.  He stated that the gas station is placed at the southwest corner of the 
site, as far away from the residences as possible.  He stated that there was no 
discussion regarding the proposed elevations.  He stated that the VPC denied 
the application due to a primary objection regarding the land use.  He added that 
there is no reason to return to the VPC.  He stated that all notification 
requirements were met, but no one attempted to discuss the project further or air 
any concerns until the VPC meeting.
Mr. Stranieri stated that the City received two letters of opposition. One letter 
from Joshua Litt expressed concerns about potential environmental impacts of a

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 10
gas station. A second letter from Sonja Jongeward discussed potential negative 
impacts on home values.
Mr. Stranieri clarified that the current hearing is restricted to the applicant’s 
request to modify and delete stipulations of the original rezoning action.  He
stated that neither the City Council action in 2002 to approve the C-1 zoning 
designation nor the land uses permitted by right in that zoning district are in 
question.  He noted that C-1 is the lowest intensity commercial zoning district in 
the City of Phoenix and that the intent of the district is to provide commercial 
uses that are compatible with and supportive of nearby residences.
Mr. Stranieri stated that the original stipulated site plan lacks detail and there are 
no specific land uses identified on the plan.  However, he noted that Original 
Stipulations 20, 23, and 24 address fuel canopy height and a gas station.  He 
also noted that there was public discussion about what conditions should be 
applied to a potential gas station during the public hearings for the original 
rezoning case.
Mr. Stranieri stated that the proposed site plan reflects some positive changes 
from the stipulated site plan.  He stated that the stipulated site plan depicted a 
strip retail center wrapping around the northeast corner of the site, which would 
have concentrated back of house functions, such as trash and loading, adjacent 
to multiple residences.  The proposed site plan reduces the scale of the buildings 
and building massing and includes an enhanced landscape buffer, placing 
buildings further away from homes.  He stated that the total proposed square 
footage was reduced by approximately 10,000 square feet, which reduced 
proposed lot coverage from 19% to 17.3%.  He stated that he had no concerns 
with approving the modification of the site plan to reflect the updated design, 
noting that the revised site plan reflecting recent changes needs to be submitted 
to the City immediately.  He added that the LCRD recommended that the gas 
station be located as far from residential as possible.  He recommended a 
modification of the applicant’s request language to require this.  He noted that the 
LCRD also requested that the Pad 4 refuse container be moved to the northeast 
corner of the pad and that a landscape focal point be created at the main access 
intersection.  He stated that the revised site plan had addressed these requests.  
He stated that the LCRD also requested staggered tree planting along the east 
property line.  He noted that Stipulation 35 required the applicant to provide 
enhanced tree planting in this area.  Mr. Beaudoin stated that he was aware of 
the stipulation and intended to comply.  Mr. Stranieri stated that the LCRD also 
requested diamond landscape planters be areas added to the parking lot.  He 
stated that these were depicted on the site plan but were not the ideal 
landscaping configuration to support shade trees.  He suggested that the 
applicant consider an increased total percentage of landscaping or larger islands 
rather than increasing the quantity of smaller diamonds.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 11
Mr. Stranieri stated that Stipulation 3 regarding PHO review is typically added in 
cases where conceptual plans are not complete at the time of the initial approval, 
to ensure that those plans return to a public process for review.  He added that 
the applicant has complied with the stipulation.  He clarified that stipulations for 
future review processes are not typically added in cases where plans are 
stipulated because it would be redundant.  He noted that deviations from general 
conformance to the stipulated plans would require a future PHO action and be 
routed to the VPC for recommendation at the discretion of the Committee Chair.  
He stated that to proceed through the plan review process, applicants must
comply with all stipulations or return to the PHO process for modifications. He 
stated that he had no concerns with retaining the language to invite the VPC 
Chair to preliminary site plan review meetings and inviting the Chair of the LCRD
as well.  He clarified that the invitation would have to be initiated by the applicant.  
Mr. Stranieri stated that the LCRD also requested that the applicant provide a 
distinctive fuel canopy design.  He stated that the applicant’s revised conceptual 
elevations, including the mansard roof design, are an improvement and satisfy 
that request.  He stated that the LCRD also requested that Pad 2 have taller than 
typical screening along 59th Avenue.  He recommended general conformance to 
the screen wall elevations.  However, he stated that he was unsure how 
desirable it would be to have solid screen walls directly adjacent to public right-
of-way considering how large and imposing the elevations appeared.  He asked 
for clarification regarding the proposed location of the screen walls.  Mr. 
Beaudoin stated that when the auto repair shop was originally proposed, the 
screen wall was going to be placed solely in front of the service bays.
Mr. Stranieri stated that Stipulation 16 regarding shade protected walkways 
originated from the Laveen Southwest Growth Study.  This study includes 
conceptual graphics for commercial centers that are similar to the stipulated 
language regarding shade canopies.  He stated that the shade protected 
walkways were intended to be applied to the strip retail center where there would 
be a continuous arcade leading past all shopfronts.  He clarified that this 
stipulation is not relevant to the proposed plan because there is no strip retail 
center and no single arcade connecting the pads.  However, he stated that that 
the intent to provide structural shade at entrances and along pedestrian 
walkways is important to retain.  He stated that it would be beneficial to identify 
shade features that would work for the design, decrease the depth, and identify 
the location of walkways.  He suggested alternative stipulation language 
requiring structural shade over main entrances and building facades that have 
adjacent pedestrian walkways with a minimum depth of 6 feet. Mr. Beaudoin 
stated that he had no issue accommodating the recommended shade features.
Mr. Stranieri stated that Stipulation 23 stipulated the height of the underside and 
top of the proposed fuel canopies.  He stated that he would have concerns if the 
applicant were modifying the underside height as it would change the height of

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 12
the stipulated recessed lighting and increase potential negative impacts of 
lighting on adjacent properties. He stated that since the underside height is 
stipulated to 14 feet and proposed buildings on the site are at 15 feet in height, 
the buildings themselves may also mitigate light pollution from certain vantages.
Mr. Stranieri stated that Stipulation 29 requiring commercial development plans 
be presented for comment to the Laveen VPC prior to commencement of 
development is not a legislative or administrative PHO review, but instead 
requires that the minutes from an informational presentation at the VPC be 
collected and given to the site plan review team for consideration.  He stated that 
the LCRD requested that the stipulation be retained, but he disagreed with this 
request.  He stated that the stipulation has been complied with since the 
applicant is currently going through a legislative process that requires City 
Council approval for the proposed plans.  He clarified that other 
recommendations regarding general conformance would trigger public review 
requirements for future modifications.  He also explained that these requirements 
would be more restrictive in nature than the language of Stipulation 29.
Mr. Stranieri asked for clarification regarding the proposed gateway feature 
discussed for inclusion in a future Comprehensive Sign Plan (CSP) submittal.  
He stated that it was unclear what this feature would consist of and public art, 
sculptural features, and enhanced landscaping would not be appropriate to be 
included in a CSP.  Mr. Beaudoin stated that the recommendation originated with 
the LCRD but he was unsure of what the final gateway feature would consist of.  
He stated that he was willing to discuss this further with the LCRD, but the 
feature would have to be modest so as not to restrict access or interrupt the 
required multi-use trail.  Mr. Stranieri expressed concern regarding integrating 
requirements for this feature and a CSP until a decision is reached.  Ms. Abegg 
stated that the applicant did not give additional clarification about the gateway 
feature during the VPC meeting.  Ms. Glass stated that the gateway feature was 
not discussed nor did the applicant discuss changes to the proposal regarding 
the auto repair shop.  Mr. Branscomb stated that he would like for the case to 
return to the Laveen VPC because the applicant did not give enough information 
for the committee to make a proper recommendation.  Mr. Stranieri noted that the 
location of the site along the Loop 202 Freeway Corridor and in close proximity to 
a major exit makes it an ideal location for a gateway feature.  He asked if the 
applicant would support an additional stipulation requiring a review and comment 
presentation before the VPC regarding the entry feature.  Mr. Beaudoin stated 
that he would prefer to speak with Jon Kimoto regarding the implementation of 
the entry feature as it was recommended by the LCRD.  He added that he would 
also be willing to invite the Chairpersons of the LCRD and VPC to the meeting to 
resolve what the entry feature could be.  Mr. Stranieri stated that Mr. Beaudoin 
should then document these meetings and be able to provide that documentation 
to staff for review during the site plan review process in order to determine

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 13
whether any proposed gateway feature was consistent with the outcome of these 
discussions.
Mr. Stranieri asked for clarification regarding the applicant’s Traffic Impact Study.  
Mr. Beaudoin stated that they were in the process of preparing a Traffic Impact 
Statement based on information received from the site plan pre-application 
meeting.  Mr. Stranieri asked if the applicant could discuss any information 
regarding the content of the study.  Mr. Beaudoin stated that he understood 
additional vehicle lanes may be added, a new sidewalk constructed, curb and 
gutter built, and a bus bay added to the site.  He stated that the Traffic Impact 
Statement would allow the Street Transportation Department to work towards a 
potential signal being built at the intersection of 59th Avenue and Dobbins Road 
but that he did not know the final determination on its feasibility.  Mr. Stranieri 
stated that the Street Transportation Department requested that the applicant 
complete a Traffic Impact Study.  Mr. Beaudoin stated this was inconsistent with 
the last discussion he had with the Street Transportation Department, but he had
no issue with completing a Traffic Impact Study if stipulated.  Mr. Stranieri noted 
that the recommended stipulation language allowed flexibility for Street 
Transportation Department staff to determine the appropriate scope of any study.
Mr. Stranieri stated that the site is archaeologically sensitive and addition 
stipulations were warranted to address City requirements for archaeological data 
testing and surveying.
Mr. Stranieri stated that the Pedestrian Safety Coordinator asked for pedestrian
access to and from the site from perimeter sidewalks be provided.  He asked Mr. 
Beaudoin to explain the proposed network of pedestrian walkways depicted on 
the proposed site plan.  Mr. Beaudoin stated that the convenience store was 
designed with a direct connection to 59th Avenue and the proposed bus stop 
because this where primary pedestrian activity will be.  He stated that he had 
concerns making pedestrian connections across the fuel service areas because it 
is mainly a vehicular area that is not pedestrian friendly.  He stated that he also 
had concerns with pedestrian connections crossing drive through lanes.  He 
stated that these concerns influenced the design of the pedestrian pathways on 
the site.  Mr. Stranieri stated that there are pedestrian pathways connecting all 
adjacent streets to building entrances, the transit pad, and between individual 
commercial pads except where drive aisles conflict, and that the design was 
appropriate.  However, he recommended an additional stipulation be added to 
require these pathways as proposed.
Mr. Stranieri noted that the Street Transportation Department did express 
concern regarding the configuration of the proposed full access driveways along 
59th Avenue.  He noted that the recommendation for general conformance to the 
site plan does not provide approval for the driveway configurations and that these 
may be further modified by staff during the plan review process.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 14
Ms. Lopez stated that the Paseo Point HOA was not notified.  Mr. Stranieri stated 
that the City’s notification requirements are for property owners within 300 feet 
and registered neighborhood organizations within 600 feet of the subject site.  
Mr. Stranieri noted that three addresses and organizations associated with 
Paseo Point were included in the notification affidavit and he provided these 
names and addresses.  Ms. Lopez stated one address is outdated, so they would 
not have received the notification.  Mr. Stranieri stated that the contact 
information accessible to both staff and applicants is managed by the 
Neighborhood Services Department.  He provided a staff contact to submit a 
request to update their contact information.
Ms. Wigal stated that she understands Mr. Beaudoin disagrees with statements 
he made at the VPC meeting, but she did record them correctly.  She requested 
information regarding next steps.  Mr. Stranieri stated that next steps were 
outlined on the PHO agenda and provided a staff contact for further questions.
Mr. Beaudoin stated that he had no further questions but wanted to clarify 
assertions made about his statements during the VPC meeting.  He clarified that 
at the meeting he did not state that day cares were safer than gas stations and 
that this statement was made by another attendee.
FINDINGS
1) The original rezoning case consisted of approximately 143.30 acres 
located at the northeast corner of 59th Avenue and Dobbins Road.  The 
case established R1-8 zoning on approximately 136.30 acres which was 
developed as a single-family subdivision and elementary school.   The 
subject property of the current request is the remaining approximately 7 
acres at the immediate northeast corner of 59th Avenue and Dobbins 
Road which was zoned C-1.   
2) The stipulated site plan depicted commercial uses on this corner including 
a strip retail building at the northeast portion of the site, a drive-through 
restaurant, and a commercial pad site.  Combined, the site plan depicted
approximately 52,000 square feet of retail space at 19 percent lot 
coverage.  Specific uses are not depicted on the site plan, however 
Stipulations 20, 23, and 24 establish conditions for gas stations and fuel 
pump canopies.  
The proposed conceptual site plan depicts approximately 42,054 square 
feet of retail space at 17.3 percent lot coverage.   Building height on all 
buildings is limited to maximum 15 feet.  The primary distinction between 
building massing in the two plans is that the new proposed plan consists 
of five detached pad sites distributed throughout the site and does not

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 15
depict a strip retail building.  This is an improvement as there is less ‘back-
of-house’ functions immediately adjacent to the single-family 
neighborhood to the north and northeast.  The proposed height, lot 
coverage, and building massing is reduced and is compatible with this 
property’s location adjacent to existing single-family homes. 
General conformance to the proposed conceptual site plan is 
recommended.  An additional sub-stipulation is recommended to require 
specific regard to the location of the service station at the immediate 
northeast corner of 59th Avenue and Dobbins Road in order to ensure that 
this use is located as far as possible from the single-family subdivision to 
the north and east.
The Street Transportation Department commented that the current full
access driveways shall not be permitted along 59th Avenue as 59th 
Avenue is a CM Section and therefore the driveways will be median 
covered and restricted. The recommendation for general conformance 
does not approve the proposed driveway configuration on the conceptual 
plan and further modifications may be required to comply with Street 
Transportation Department requirements.
3) The proposed conceptual elevations include building design, screen walls, 
and a fuel canopy design.  The conceptual building elevations include 
multiple building materials such as stone, decorative masonry, board and 
batten trim, open timber, and a minimal use of stucco.  Architectural 
details include metal awnings, columns, and open timber.  The mixed 
materials are consistent with the desired rural and agricultural character in 
the surrounding area and include significant material diversity.   The 
conceptual fuel canopy elevations are compatible with the building 
elevations and utilize similar materials and a decorative mansard roof 
style.   The screen wall elevations include decorative caps and multiple 
building materials and colors.  General conformance to the proposed 
elevations is recommended.
4) An additional stipulation (New Stipulation 3) is recommended to require a
Comprehensive Sign Plan (CSP) be approved for the commercial 
development.  The CSP should express a rural and agrarian character 
compatible and consistent with development in the surrounding area and 
the desired character as expressed in the Laveen Southwest Growth 
Study.
The CSP may also include a gateway entry feature.  However, the 
gateway entry feature may alternatively consist of a public art, sculptural, 
or landscape feature which would not be included in a CSP.  The

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 16
requirement for a gateway entry feature is separately recommended as 
New Stipulation 13 and discussed in further detail below in Finding 7.
5) Existing Stipulation 3 requires review and approval of the commercial 
development’s site plan and elevations through the Planning Hearing 
Officer hearing process.  This case constitutes compliance with this 
requirement and the stipulation language may be deleted as requested, 
except that the existing language regarding invitation of the Laveen VPC 
Chairperson to preliminary site plan review meetings is recommended to 
be retained with a modification to include the Chairperson of the Laveen 
Citizens for Responsible Development (LCRD).   
Note that this recommendation also includes stipulations (New 
Stipulations 1, 1.A, and 2) requiring general conformance to the proposed 
conceptual site plan and elevations.  These recommendations ensure that 
future modifications of these plans, exceeding the deviation permitted by 
general conformance, will be required to go through an additional public 
hearing process for review with an opportunity for public input.
6) New Stipulation 12 is recommended to require that the developer submit a 
Traffic Impact Study for review and approval prior to preliminary approval 
of plans.  The applicant shall work with Street Transportation Department 
staff who will determine the appropriate scope and content of the study 
and determine if satisfactory resolutions of review comments have been 
achieved.
7) The subject property is located at the intersection of two arterial streets 
and in close proximity to a major exit from the Loop 202 Freeway.   This 
location is ideal for implementation of a gateway entry feature marking 
arrival in the Laveen Village.  New Stipulation 13 addresses the 
requirement for this feature.  
This recommendation is consistent with the recommendation made by the
LCRD.  The applicant indicated that they do not know at this time what the 
feature may consist of but they intend to continue talks with this group 
regarding conceptual designs.  If the gateway entry feature consists of 
signage, it should be included in the Comprehensive Sign Plan required in 
New Stipulation 3 and discussed above in Finding 4.  If the entry feature 
consists of public art, sculpture, enhanced landscaping, or another 
feature, it should be included in the site plan.  The applicant shall 
document any public meetings held on this subject and provide to City 
staff to aid in review and approval regarding compliance with this 
stipulation.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 17
8) New Stipulation 15 requires the developer to provide pedestrian pathways, 
constructed of decorative pavers, stamped or colored concrete, or another 
similar material, other than those used to pave the parking surfaces and 
drive aisles, connecting the sidewalk or sidewalks to the main entrances of 
all buildings in the most direct route.   This recommendation is consistent 
with the recommendation of the Pedestrian Safety Coordinator with the 
Street Transportation Department.
9) Original Stipulation 16 required that commercial structures provide a 
continuous shade protected walkway with a minimum depth of 10 feet 
along all building walls that have a customer entrance.  This stipulation 
was aimed at the strip retail plaza located at the northeast corner of the 
site on the original stipulated site plan.  This design was consistent with 
conceptual graphics in the Laveen Southwest Growth Study (Page 25) for 
shopping centers that have pedestrian walkways along multiple shops.  
The proposed conceptual site plan does not contain strip retail and breaks 
up the individual building massing into discrete buildings and pads. 
The applicant’s request to delete this stipulation is recommended to be 
denied as filed and approved with a modification.  The modified stipulation 
language is intended to retain the requirement for shade protected 
architectural features at all main building entrances and all other building 
facades with adjacent pedestrian walkways.   This modification allows the 
shade requirement to apply to the individual buildings where pedestrian 
activity will occur and reduces the depth to six feet to acknowledge that 
the walkways will not be a full arcade as originally envisioned.
10)The applicant’s request for modification of existing Stipulation 23 is 
recommended for approval.  The modification of maximum height of the 
canopy from 16 to 18 feet is a modest increase and remains significantly 
lower than the 30-foot maximum height permitted by the underlying 
zoning.  This height is also compatible with the maximum 15 feet building 
height depicted on the conceptual site plan.  Finally, the request does not 
alter the existing regulation of 14 feet maximum height to the underside of 
the canopy where recessed lighting may be located.  Therefore, the 
modification will not increase any potential negative impact of lighting on
nearby or adjacent properties.
However, note that the Zoning Ordinance contains a design presumption 
in Section 507 Tab A II.D.2. stating that canopy heights measured from 
finished grade to the lowest point of canopy fascia should not exceed 14 
feet in height and that overall canopy height should not exceed 16 
feet. This design presumption will need to be overcome during the plan 
review process regardless of the rezoning stipulation given that it is more 
restrictive.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 18
11)The subject site is archaeologically sensitive and three additional 
stipulations are recommended to address potential survey and data 
testing requirements in the event archaeological materials are discovered 
during construction.
12)Original Stipulation 29 required that the commercial development plans be 
presented for comment to the Laveen Village Planning Committee prior to 
commencement of commercial development.  This case represents 
compliance with this stipulation and the applicant’s request for deletion is 
recommended for approval.  
Further, note that the recommendation regarding New Stipulations 1, 1.A, 
and 2 require general conformance to the proposed conceptual site plan 
and elevations.  These recommendations ensure that future modifications 
of these plans, exceeding the deviation permitted by general 
conformance, will be required to go through an additional public hearing 
process for review with an opportunity for public input.  This requirement is 
more restrictive than the original language of Stipulation 29, which does 
not specify or require stipulation modification through a public hearing 
process.  
DECISION: The Planning Hearing Officer recommended denial as filed and 
approval with modifications and additional stipulations.
STIPULATIONS
1.
That tThe COMMERCIAL development shall be in general conformance 
with the site plan DATE STAMPED JULY 20, 2020, dated August 20, 
2002 as may be modified BY THE FOLLOWING STIPULATIONS and 
approved by the PLANNING AND Development Services Department, 
WITH SPECIFIC REGARD TO THE FOLLOWING:
A.
ANY GAS STATION SHALL BE LOCATED AT THE IMMEDIATE 
NORTHEAST CORNER OF 59TH AVENUE AND DOBBINS ROAD.
2.
THE COMMERCIAL DEVELOPMENT SHALL BE IN GENERAL 
CONFORMANCE WITH THE BUILDING, FUEL CANOPY, AND 
SCREEN WALL ELEVATIONS DATE STAMPED JULY 20, 2020, AS 
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT.
3.
A COMPREHENSIVE SIGN PLAN SHALL BE APPROVED FOR THE 
COMMERCIAL DEVELOPMENT IN ACCORDANCE WITH SECTION

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 19
705 OF THE ZONING ORDINANCE AND AS APPROVED OR 
MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
4.
2.
That rResidential elevations SHALL conform to the Laveen Residential 
Design Guidelines.
5.
3.
That the site plan and elevations of the commercial development prior to 
preliminary site plan review submittal shall be reviewed and approved 
through the Planning Hearing Officer hearing process. Also, tThe
ChairPERSONS of the LAVEEN VILLAGE PLANNING COMMITTEE 
(LVPC) AND LAVEEN CITIZENS FOR RESPONSIBLE DEVELOPMENT 
(LCRD) shall be invited BY THE APPLICANT to attend Development 
Service Department's ANY preliminary SITE PLAN review meeting HELD 
BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
Streets and Right-of-Way
6.
4.
That tThe following rights of way shall be dedicated:
a.
60 feet shall be dedicated for the north half of Dobbins Road;
b.
30 feet shall be dedicated for the south half of South Mountain 
Avenue;
c.
55 feet shall be dedicated for the east half of 59th Avenue;
d.
30 feet shall be dedicated for the west half of 55th Avenue.
7.
5.
Twenty-one foot by 21-foot right-of-way triangles shall be dedicated:
a.
At the northeast corner of 59th Avenue and Dobbins Road;
b.
At the northwest corner of 55th Avenue and Dobbins Road;
c.
At the southwest corner of 55th Avenue and South Mountain 
Avenue.
8.
6.
That tThe applicant shall work with the developer of Laveen Commons to 
establish the alignment of 59th Avenue at South Mountain Avenue.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 20
9.
7.
That sSufficient right-of-way shall be dedicated to accommodate a far-
side busbay (Detail P-1257) on 59th Avenue at Dobbins Road.
10.
8.
That tThe developer shall construct all streets within and adjacent to the 
development with paving, curb, gutter, sidewalk, curb ramps, streetlights, 
median islands, landscaping, and other incidentals, as per plans 
approved by the PLANNING AND Development Services Department.  
All improvements shall comply with all ADA accessibility standards.
11.
9.
That tThe applicant shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvements Program to 
the Chief Engineering Technician, (602) 262-6193, Street Transportation 
Department. This form is a requirement of the Environmental Protection 
Agency to meet clean air quality standards.
12.
THE APPLICANT SHALL SUBMIT A TRAFFIC IMPACT STUDY (TIS) 
TO THE CITY OF PHOENIX FOR THE COMMERCIAL 
DEVELOPMENT. NO PRELIMINARY APPROVAL OF PLANS SHALL 
BE GRANTED UNTIL THE STUDY IS REVIEWED AND APPROVED BY 
THE CITY UPON SATISFACTORY RESOLUTIONS OF REVIEW 
COMMENTS BY CITY STAFF, AS APPROVED OR MODIFED BY THE 
STREET TRANSPORTATION DEPARTMENT.
Site Amenities
13.
THE DEVELOPER SHALL PROVIDE A GATEWAY FEATURE SUCH 
AS ENHANCED LANDSCAPING, SIGNAGE, AND/OR PUBLIC ART, 
LOCATED AT THE NORTHEAST CORNER OF 59TH AVENUE AND 
DOBBINS ROAD, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT.
14.
10.
That aA walkway SHALL be provided between the commercial and 
residential development as noted on the site plan. Pedestrian walkways/ 
connections within/between the commercial and residential 
developments shall be constructed of materials other than asphalt. If 
concrete is chosen it will be stamped.
15.
PEDESTRIAN PATHWAYS, CONSTRUCTED OF DECORATIVE 
PAVERS, STAMPED OR COLORED CONCRETE, OR ANOTHER 
SIMILAR MATERIAL, OTHER THAN THOSE USED TO PAVE THE 
PARKING SURFACES AND DRIVE AISLES, SHALL BE PROVIDED 
CONNECTING THE SIDEWALK OR SIDEWALKS TO THE MAIN 
ENTRANCES OF ALL BUILDINGS IN THE MOST DIRECT ROUTE, AS 
APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 21
DEPARTMENT.
Open Space, Trails, Fencing and Entrances
16.
11.
That tThe main entrance (59th Avenue, Dobbins, 55th Avenue, and 
South Mountain) to the housing subdivision shall incorporate subdivision 
entry signage and monumentation. Entry design concepts shall be 
attractive, low in profile, as approved by the PLANNING AND 
Development Services Department.
17.
12.
That aA continuous multi-use trail from Dobbins Road to South Mountain 
Road shall be provided, as approved by the Parks and Recreation 
Department.
18.
13.
That aA trail shall be provided along South Mountain Road between 55th 
and 59th Avenues that shall connect with the trail through the 
development, as approved by the Parks and Recreation Department. 
Said trail shall be 15 feet in width as shown on the site plan.
Commercial Design
19.
14.
That rRear and side facades and roofline treatment including color 
texture and material shall be “architecturally finished” to minimize visual 
impact to adjacent residential areas, as approved by PLANNING AND 
Development Services Department.
20.
15.
That cCorporate colors and associated graphics shall be used only as an 
accent feature as to not dominate the architectural design of the 
development, as determined by the PLANNING AND Development 
Services Department.
21.
16.
That commercial structures shall provide a continuous shade protected 
walkway a minimum of ten feet in depth along all building walls that have 
a customer entrance.
COVERED WALKWAYS, EXTERIOR PORCHES, ARCADES, 
CANOPIES, AND/OR OTHER SIMILAR ARCHITECTURAL FEATURES 
WITH A MINIMUM DEPTH OF 6 FEET SHALL BE PROVIDED AT ALL 
MAIN BUILDING ENTRANCES AND ALONG ALL OTHER BUILDING 
FACADES WITH ADJACENT PEDESTRIAN WALKWAYS, AS 
APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 22
22.
17.
That aAll buildings shall have a similar architectural character and have 
architectural enhancements such as stone, burnt adobe, textured brick, 
wood (when shaded by overhangs or deep recesses), slump block, 
ceramic tile (matte finish), stucco or exposed aggregate concrete.
23.
18.
That pParking at the time of preliminary approval shall be limited to no 
more than 20% above that required by the Zoning Ordinance.
24.
19.
That lLandscaping along Dobbins Road and 59th Avenue shall include 2-
inch caliper trees planted 20 feet on center.  Landscaping or other forms 
of shading in the parking lots shall shade 25% of the parking lot by 
maturity. Berms or decorative walls shall be provided along Dobbins 
Road and 59th Avenue.
25.
20.
All items for sale, excluding fuel dispensing machines, shall be located 
within buildings or located in designated areas screened from view so as 
to minimize potential impacts. 
26.
21.
That aAll accessory equipment in the commercial development such as 
air, water, vacuums, and venting pipes shall be screened from view so as 
to minimize potential impacts.
27.
22.
That pProposed drive-through facilities shall orient drive-through 
windows away from Dobbins Road or adjacent residential uses. Drive-
through queueing lanes shall be screened from view of Dobbins Road 
and/or residential uses through the incorporation of a landscaped berm, 
screen wall, or a combination of a wall and berm at least four feet in 
height as approved by the PLANNING AND Development Services
Department.
28.
23.
That aAny service station canopies, or drive-through canopies shall not 
exceed 14 feet in height measured from the ground to the underside of 
the canopy. The overall height of the canopy shall not exceed 16 18 feet. 
All lights attached to the underside of the canopy shall be fully recessed.
29.
24.
That aAll canopy support pillars shall be a minimum of two feet wide by 
two feet deep from the ground to the underside of the canopy and shall 
be finished with compatible body and accent materials as the primary 
building.
30.
25.
That tThe residential developments shall use the Planned Residential 
Development (PRD) option.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 23
31.
26.
That aAt least one of the following options SHALL be offered to 
purchasers of single-family houses excluding cluster homes:
a.
Front porch
b.
Front yard patio
c.
Low wall or fence in the front yard
32.
27.
That tThe property owner shall record documents that disclose to 
purchasers of property within the development the existence and 
potential characteristics of agricultural use property in the vicinity. The 
form and content of such documents shall be reviewed and approved by 
the City Attorney. 
33.
28.
That aArchaeological excavation shall occur to determine if there are 
prehistoric cemeteries within the site, per the City Archaeologist (602) 
495-0901). If prehistoric human remains are discovered the remains shall 
be removed per the State of Arizona Antiquities Act Standards.
34.
IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY 
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA 
TESTING AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT 
OF THE DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY 
THE CITY ARCHAEOLOGIST PRIOR TO CLEARING AND GRUBBING, 
LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL.
35.
IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW 
OF THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY 
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED 
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY 
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL 
CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY 
EXCAVATIONS.
36.
IN THE EVENT ARCHAEOLOGICAL MATERIALS ARE 
ENCOUNTERED DURING CONSTRUCTION, THE DEVELOPER 
SHALL IMMEDIATELY CEASE ALL GROUND-DISTURBING 
ACTIVITIES WITHIN A 33-FOOT RADIUS OF THE DISCOVERY, 
NOTIFY THE CITY ARCHAEOLOGIST, AND ALLOW TIME FOR THE 
ARCHAEOLOGY OFFICE TO PROPERLY ASSESS THE MATERIALS.

Planning Hearing Officer Summary of July 15, 2020
Application PHO-1-20--Z-62-02-7(8)
Page 24
29.
That the commercial development plans be presented for comment to the 
Laveen Village Planning Committee prior to commencement of 
commercial development.
37.
30.
That sSidewalks, curbs, and streetscapes in the single-family residential 
areas SHALL be designed in such a way to allow for rural mail delivery 
unless forbidden by the local serving post office.
38.
31.
That mMulti-story construction shall not be allowed on residential lots 
408-415 inclusive.
39.
32.
That wWrap-around architectural details and materials SHALL be used 
on all sides of homes along all street frontages on corner lots.
40.
33.
That hHome builders SHALL provide a range of durable materials that 
will minimize stucco and tile by offering decorative elements such as 
brick, decorative concrete block, and stone accents.
41.
34.
That aAll mechanical equipment in or on commercial developments must 
be ground mounted or be screened from view in such a manner to 
minimize potential impacts using materials consistent with the 
architectural character and theme of the development. 
42.
35.
That bBetween the commercial development and the cluster residential 
area there SHALL be a minimum 15-foot-wide landscape buffer with two 
rows of two-inch caliper trees planted 15 feet on center.
Upon request, this publication will be made available within a reasonable length 
of time through appropriate auxiliary aids or services to accommodate an 
individual with a disability.  This publication may be made available through the 
following auxiliary aids or services: large print, Braille, audiotape or computer 
diskette.  Please contact the Planning and Development Department, Tamra 
Ingersoll at voice number 602-534-6648 or TTY use 7-1-1.

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1
Julianna Pierre
From:
Joshua Litt <joshualitt09@gmail.com>
Sent:
Tuesday, July 14, 2020 8:37 PM
To:
PDD PHO
Subject:
Reference #: Pho-1-20-Z-62-02-7
Hi there,  
 
I unfortunately am unable to make the virtual meeting regarding reference # Pho-1-20-Z-62-02-7 on the gas 
station potentially being built directly adjacent to the homes at Paseo Pointe. My wife and I recently bought our 
house there (5756 W. Milada Dr.) and have a newborn. We have some concerns about the gas station being 
built in such close proximity to the houses. As well as some environmental concerns and comments.  
 
I am unsure why the developers chose a location adjacent to the houses. A wall of separation is nothing. The 
noise alone and just being close to the gas station, one is an extreme nuisance and two, property values will 
drop. If I lived along the wall of the development, I would be extremely angry. This is a nice and quiet area and 
while a gas station is needed to meet the demands of the 202 freeway, why can they not move it across the 
way to being adjacent to the corn field or closer to the freeway? There is plenty of available land, so why build 
on top of this housing area? Dobbins here has two lanes total. How will this crumbling road be able to maintain 
that much traffic? That puts the residents at risk and in this area, there are plenty of children. Unnecessary 
risks to them and all of us.  
 
Environmentally, I have concerns regarding both ground and surface water contamination. While I understand 
that underground storage tanks are under great scrutiny from ADEQ, leaks to occur. Groundwater in this area 
is shallow from what I have found. Drywells are usually installed at developments like this. While they are 
meant for stormwater purposes, it is not uncommon to find people dumping any and all liquids down them. The 
idea behind the drywall is to use soil to remediate the stormwater prior to it reaching the aquifer. If 
gasoline/diesel/oil are spilled and enter the drywell, these contaminants will continue down to the aquifer and 
be dispersed. The farm near here, if they use this aquifer, will then be using contaminated water on its’ crops 
and those who eat said crops, will ingest it. Also, if the contaminant plume flows under the Paseo Pointe 
homes, values will drop and it runs a risk to all of us who live here. As for surface water, gas/diesel/oil runoff is 
a concern. There is a canal that runs parallel to this development on Dobbins. If this water becomes 
contaminated and again as mentioned above about groundwater being used for agricultural purposes, will risk 
whomever uses that water, whether it be a farm or individual. 
 
I just want to reiterate, I understand the need for the gas station. I just ask that it be moved across the street or 
down towards the 202 and not be built directly adjacent to the houses of Paseo Pointe. As a new homeowner, I 
ask you to consider the property values (as they are to only go on up here) in the long term and to consider all 
the risks to the neighborhood in terms of homes, family, and the environment. 
 
 
Thanks, 
Joshua Litt 
702-526-2467