Attachment C - PHO Summary - PHO-4-25--Z-116-87-8.pdf

REPORT OF PLANNING HEARING OFFICER ACTION  
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
 
September 17, 2025 
 
ITEM NO: 3 
 
 
DISTRICT NO. 8 
SUBJECT: 
 
 
 
Application #: 
PHO 4-25--Z-116-87-8 (Continued from August 20, 2025) 
Location: 
Approximately 140 feet north of the northeast corner of 44th 
Street and Washington Street. 
Zoning:  
C-2 M-R TOD-1 
Acreage:  
2.19 
Request: 
1) 
Request to modify Stipulation 1 regarding general 
conformance to the site plan date stamped April 14, 
2006. 
Applicant: 
Ed Bull, Burch & Cracchiolo, P.A. 
Owner: 
 
4415 EM, LLC 
Representative: 
Ed Bull, Burch & Cracchiolo, P.A. 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification and additional stipulations. 
 
Village Planning Committee (VPC) Recommendation: The Camelback East 
Village Planning Committee heard the request on September 9, 2025 and 
recommended approval by a vote of 16-0. 
 
DISCUSSION: 
 
Madison Leake, representative with Burch & Cracchiolo P.A., began with an 
overview of the subject site and surrounding areas. She included that the existing 
building to the north of the subject site was originally proposed to be a Ruby 
Tuesday’s and has been converted to a dispensary. The new proposed building 
is situated to the south of the existing building and is depicted to be a quick 
service restaurant. She stated they are not proposing any additional curb cuts to 
the site and will be using the existing ingress and egress to the site. She included 
they have submitted an Administrative PHO review of the elevations, indicating 
the elevations submitted are generic due to a user not being identified. She noted 
the original site plan was approved in 2006 and since then, demand for quick 
service restaurants has increased. She added that they have recently received 
comments from the Fire Prevention Department and have since made minor 
Attachment C

Planning Hearing Officer Summary of September 17, 2025 
Application PHO-4-25--Z-116-87-8 (Continued from August 20, 2025) 
Page 2 
 
changes to the site plan and Fire agrees that the proposed changes have 
rectified their comments.  
 
Byron Easton, Planning Hearing Officer, asked if they had gone through a 
Development Pre-Application meeting for this proposed site plan.  
 
Ms. Leake confirmed they went through the Pre-Application process and have 
done a significant number of reviews with the Site Planning Team.  
 
Mr. Easton stated there was no correspondence regarding this case. He added 
the Camelback East Village Planning Committee (VPC) heard the case on 
September 9, 2025 and unanimously recommended approval 16-0.  Mr. Easton 
asked which development parcel the subject site is identified as on the master 
plan.  
 
Ms. Leake said she didn’t know. Staff later confirmed the subject site is situated 
in development Parcel 2 of the master plan. 
  
Mr. Easton recommended approval to Stipulation 1 regarding general 
conformance to the site plan with a modification and additional stipulations. He 
stated that the site has been identified as archaeologically sensitive and that 
three additional stipulations are recommended to address related requirements. 
He also added that a Recorded Proposition 207 Waiver is still required prior to 
final site plan approval and is recommended to be added as a stipulation. 
 
FINDINGS: 
 
 
1) The request to modify Stipulation 1 is recommended to be approved with a 
modification.  The subject site of the application, identified as development 
parcel 2 of the master plan for the area, includes an existing building that 
was formerly a restaurant and now operates as a marijuana dispensary.  
This northerly building is currently subject to general conformance with 
plans dated April 14, 2006.  The applicant has no intent to modify this 
existing site and is proposing an additional quick-service restaurant at the 
south end of the development parcel.  The modification includes more 
standard general conformance language and splitting the conformance 
requirements between the different master plan development parcels for 
clarity.  This new, conceptual site plan depicts parcel 2 only, therefore the 
stipulation only references parcel 2.  Now the PHO boundary and parcel 2 
boundary are consistent. 
 
The conceptual site plan depicts an approximately 2,172 square foot quick 
service, drive-through restaurant on the south portion of the subject site 
only.  The site design incorporates pedestrian access from 44th street, 
providing convenient connectivity for those using the nearby Light Rail

Planning Hearing Officer Summary of September 17, 2025 
Application PHO-4-25--Z-116-87-8 (Continued from August 20, 2025) 
Page 3 
 
stop, as well as a pedestrian connection to the rest of the commercial 
center.  The proposal is compatible in scale and intensity with existing 
land uses in the surrounding area. 
 
1) The applicant did not submit a Proposition 207 waiver of claims prior to 
the Planning Hearing Officer hearing. Submittal of this form is an 
application requirement.  An additional stipulation is recommended to 
require the applicant to record this form and deliver it to the City to be 
included in the rezoning application file for record. 
 
2) The site is identified as archaeologically sensitive and three additional 
stipulations are recommended to be included to address requirements for 
archaeological survey and testing. 
 
STIPULATIONS: 
 
1. 
That THE development of PARCEL 2 of the master plan and parcels 1, 2, 
3 and 4 SHALL be in general conformance WITH to the site plan dated 
STAMPED JUNE 16, 2025 April 14, 2006 AS MODIFIED BY THE 
FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT. and that development of parcels 5 
and 6 submit site plans to be administratively approved by the planning 
hearing officer. 
 
 
2. 
That Office and commercial development on the total site SHALL not to 
exceed an F.A.R of 1.0 (exclusive of the two hotel structures). The 
F.P.A.R may be increased to a maximum of 1.15 (exclusive of the two 
hotel structures) with the provision of the following 
improvements/amenities: 
 
a. 
Additional F.A.R. of 0.05 with the provision of a minimum 30,000 
square foot “centralized” retail facility incorporated into a pedestrian 
plaza. 
 
 
 
b. 
Additional F.A.R. of 0.05 with the inclusion of Parcel “N” (the Exxon 
Parcel) and 0.05 with the inclusion of Parcel “O” (the Circle K Parcel) 
into the final design. The final design shall incorporate the uses, if 
retained, to provide internal access from within the site and provide 
landscaping and amenities general in compliance with the Gateway 
Guidelines. 
 
 
3. 
That Structures SHALL be limited to 12-stories, not to exceed 150 feet 
exclusive of unoccupied roof areas, subject to approval of a variance from 
the Sky Harbor Airport Zoning Ordinance for structures that exceed a 
mean elevation of 1,278 feet above sea level.

Planning Hearing Officer Summary of September 17, 2025 
Application PHO-4-25--Z-116-87-8 (Continued from August 20, 2025) 
Page 4 
 
4. 
A minimum 10,000 square feet of gross retail space SHALL be provided. 
Such retail space shall be exclusive of retail banking but inclusive of the 
existing convenience retail located at the immediate northeast corner of 
44th Street and Washington Street and / or the immediate southeast 
corner of 44th Street and Van Buren Street if and to the extent that such 
convenience retail is integrated into the master plan with landscaping and 
pedestrian connections. 
 
 
5. 
That Surface parking shall be screened from streets and private drives in 
accordance with section 507 tab a.ii.a.6 (6.1.3) and 662.k, interim transit-
oriented zoning overlay one (TOD-1). 
 
 
6. 
That A master landscaping, streetscape and pedestrian circulation plan 
shall be submitted for review to the 44th Street corridor subcommittee of 
the Camelback East Village Planning Committee and administrative 
approval by the Planning Hearing Officer and the PLANNING AND 
Development Services Department. Such plan shall establish circulation 
within the development and to/from the 44th Street and Washington Street 
light rail station. Pedestrian amenities such as seating and adequate 
shading shall be emphasized. 
 
          
7. 
That The developers shall provide art features that are visible and 
accessible to outdoor pedestrians within the project. The art shall be 
administratively approved by the Planning Hearing Officer prior to 
preliminary site plan approval. 
 
 
8. 
That All structures within the master planned site parcels 1-6, are to 
include elements of compatible materials and colors as approved by the 
PLANNING AND Development Servies Department. Any reflective glass 
used within the development shall be limited to a maximum 20 percent 
reflectivity. 
 
 
9. 
That Carpooling and public transit programs shall be encouraged through 
placement of appropriate signs in the lobbies of the office, hotel, and 
residential developments. 
 
 
10. 
That Bicycle storage facilities will be provided on-site. 
 
 
11. 
That Additional right-of-way dedications will be determined by the 
PLANNING AND Development Services Department at the time of 
preliminary site plan review and that the developer shall construct all 
streets adjacent to and the private access way within the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping 
and other incidentals as per plans approved by the city, all improvements 
shall comply with ADA accessibility standards.

Planning Hearing Officer Summary of September 17, 2025 
Application PHO-4-25--Z-116-87-8 (Continued from August 20, 2025) 
Page 5 
 
 
 
12. 
That the City of Phoenix Archeologist (4619 E Washington Street Phoenix 
8034) be notified of site plan review meetings conducted by the 
PLANNING AND Development Services Department, in order to ensure/ 
consider architectural compatibility with the Pueblo Grande Museum and 
Archeology Park. 
 
 
13. 
That building elevations, on a building by building basis, shall be submitted 
to the Planning Hearing Officer for administrative review prior to such 
building’s preliminary site plan approval by the PLANNING AND 
Development Services Department. 
 
 
14. 
PRIOR TO FINAL SITE PLAN APPROVAL, THE LANDOWNER SHALL 
EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE 
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY 
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE 
INCLUDED IN THE REZONING APPLICATION FILE FOR RECORD. 
 
 
15. 
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. 
 
 
16. 
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. 
 
 
17. 
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. 
 
 
 
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

Planning Hearing Officer Summary of September 17, 2025 
Application PHO-4-25--Z-116-87-8 (Continued from August 20, 2025) 
Page 6 
 
diskette. To request a reasonable accommodation, please contact Saneeya Mir 
at saneeya.mir@phoenix.gov or (602) 686-6461 or TTY: 7-1-1.