Attachment C - PHO Summary - PHO-10-25--Z-287-85-8.pdf

City of Phoenix — Formal (2025-08-27)

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REPORT OF PLANNING HEARING OFFICER ACTION  
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
 
July 16, 2025 
 
ITEM NO: 2 
 
 
DISTRICT NO. 8 
SUBJECT: 
 
 
 
Application #: 
PHO 10-25--Z-287-85-8 
Location: 
Southwest corner of Hohokam Expressway (48th Street) 
and University Drive 
Zoning:  
C-2 M-R 
Acreage:  
2.54 
Request: 
1) 
Request to modify Stipulation 1 regarding general 
conformance to the site plan date stamped July 6, 
2007. 
2) 
Request to modify Stipulation 7 regarding general 
conformance to the elevations date stamped July 6, 
2007. 
Applicant: 
Gerald Kessler 
Owner: 
 
Lalita Investments, LLC and Soleil Conference Center, LLC 
Representative: 
Gerald Kessler 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with modifications and additional stipulations. 
 
Village Planning Committee (VPC) Recommendation: The South Mountain 
Village Planning Committee heard this request on July 8. 2025 and 
recommended approval by a vote of 14-0. 
 
DISCUSSION: 
 
Vanessa MacDonald, representative of Pew and Lake, gave an overview of the 
site and the modification requests.  She explained that the applicant and property 
owner are developing a Townplace Suites by Marriott hotel and conference 
center.  She explained that the proposal was heard last week, July 8, 2025, by 
the South Mountain Village Planning Committee and they recommended 
unanimous approval of the request.  She stated that the site is surrounded by 
several developments including airport uses, other hotels, industrial uses and 
added that this site has remained undeveloped.  She further detailed that the 
applicant submitted their plans for site plan review and were informed that two 
Attachment C

Planning Hearing Officer Summary of July 16, 2025 
Application PHO-10-25--Z-287-85-8 
Page 2 
 
stipulations must be modified before they could proceed.  She stated that there 
are two stipulations that require modification.  The two stipulations reference old 
site plans and instead should reference the new site plans.  She detailed the 
changes to the site plan and showed the rendering for the new hotel and 
conference center proposed for the site. 
 
Byron Easton, Planning Hearing Officer, stated Stipulation 1 contains language 
regarding the hotel south of Corporate Boulevard. He asked Ms. MacDonald if 
the stipulation referred to the hotel currently built to the south of the PHO 
boundary established by this application. 
 
Ms. MacDonald stated she was unsure, the stipulation was written years ago, 
and Corporate Boulevard apparently was not built.  Mr. Easton agreed and 
recommended cleaning up the stipulation language to remove the mention of the 
site south of Corporate Boulevard. 
 
Planning Officer Easton recommended approval with a modification to Stipulation 
1 regarding general conformance to the site plan, adding general conformance 
and site-specific language, and removing the mention of the site south of 
Corporate Boulevard. Mr. Easton stated the South Mountain Village Planning 
Committee (VPC) recommended approval by a vote of 14-0 and no 
correspondence was received for the case. Mr. Easton recommended approval 
with a modification to Stipulation 7 regarding general conformance to the 
elevations.  He explained that the modification is to replace the original 
stipulation language with updated language that only references the current 
proposal.  He recommended three additional archaeology stipulations since the 
site was identified as archaeologically sensitive.  
 
FINDINGS: 
 
1) The request to modify Stipulation 1 regarding general conformance to the 
site plan is recommended to be approved with a modification.  The 
modification is to replace the existing stipulation language with a new 
general conformance stipulation that removes reference to offsite 
improvements and/or roads that never developed.  The new site plan 
shows a hotel and conference center that is consistent with the zoning and 
the surrounding development pattern. 
 
2) The request to modify Stipulation 7 is approved with a modification to 
remove the reference to the structures and development originally 
approved per Z-287-85-8 and Corporate Boulevard.  The conceptual 
elevations have been reviewed and recommended to be approved by the 
South Mountain VPC and are attractive and compatible with the design 
and land use pattern in the surrounding area.

Planning Hearing Officer Summary of July 16, 2025 
Application PHO-10-25--Z-287-85-8 
Page 3 
 
3) 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 13 through 15). 
 
STIPULATIONS: 
 
1. 
That THE development SHALL be in general conformance WITH to the 
site plan DATE STAMPED dated MAY 14, 2025 4/13/19, AS MODIFIED 
BY THE FOLLOWING STIPULATIONS AND APPROVED OR 
MODIFIDED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 
except for the hotel site south of the Corporate Boulevard which shall be in 
general conformance to the site plan date stamped July 6, 2007 and as 
may be modified by the Development Services Department. 
 
 
2. 
That The applicant agrees to construct the re-aligned 48th Street (as 
depicted on the site plan as Proposed Corporate Boulevard) at their cost, 
upon agreement that the City will transfer to the applicant the abandoned 
right-of-way from the service road as outline in the approved Development 
Agreement. That construction of Corporate Boulevard commence (to it’s 
ultimate completion) with the first development of the site. 
 
 
3. 
That The applicant agrees to install interim landscape improvements along 
the service road right-of-way at a cost ration and to the extent outlined in 
the Development Agreement executed between the City of Phoenix and 
the applicant. The interim landscape improvement should be generally 
consistent with the standards as outlined in Stipulation No.4. Said 
landscape improvements are to be installed no later than June 40, 1994, 
or the Planning Commission may initiate an application to reinstate the 
conditional zoning time stipulation. 
 
 
4. 
That In the event a Development Agreement (as referenced in Stipulation 
No.3) is not executed between the City and the applicant by the time of 
City Council final approval of this action, the following stipulations shall 
apply. The applicant will install (at their cost) interim landscape 
improvements along both sides of the service road right-of-way within 180 
days of final City Council approval of this action. The interim landscape 
improvements shall consist of a minimum of a 10-foot-wide area of 
decomposed granite and contain trees spaced a maximum of 30 feet on 
center (or an equivalent grouping) with a watering system. If landscape 
improvements are not completed within this time frame, the Planning 
Commission may initiate an application to reinstate the conditional time 
stipulation. 
 
 
5. 
That Building heights SHALL not exceed 107 feet in accordance with 
Section 404 of the Zoning Ordinance and that, in no instance; shall

Planning Hearing Officer Summary of July 16, 2025 
Application PHO-10-25--Z-287-85-8 
Page 4 
 
development allow projections (mechanical equipment, antennas, etc.) In 
excess of the 1,278 foot elevation established by the Horizontal Zone of 
the Sky Harbor Zoning Map. 
 
 
6. 
That Development SHALL not exceed a maximum of 1,330,000 square 
feet or exceed a height of 8 (eight) stories. That development in excess of 
800,000 square feet will require Planning Hearing Officer review. 
 
 
7. 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH 
THE ELEVATIONS DATE STAMPED MAY 14, 2025 AS MODIFIED BY 
THE FOLLOWING STIPULATIONS AND APPROVED OR MODIFIED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT. 
That all structures including the office, hotel and parking structures(s) as 
well as the plaza, courtyard and sidewalks shall be integrated with similar 
materials, surface textures and color, except for the hotel site south of the 
Corporate Boulevard which shall be in general conformance to the 
elevations date stamped July 6, 2007. 
 
 
8. 
That An overall landscaping and streetscape plan, encouraging pedestrian 
use, shall be submitted for review and approval by the Development 
Services Department – pedestrian amenities, such as seating, water, 
sculpture and adequate shading should be emphasized. 
 
 
9. 
That Any reflective glass used in construction of the project is limited to a 
maximum of 20 percent reflectivity. 
 
 
10. 
That The PLANNING AND Development Services Department continue to 
review traffic implications as part of the site plan review. 
 
 
11. 
That Development of the office site (Parcel B) shall include a minimum 
15% landscape open space with enhanced pedestrian/plazas between the 
buildings. 
 
 
12. 
That The applicant shall maintain the landscaping along the access road 
in accord with the Development Agreement. 
 
 
13. 
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. 
 
 
14. 
IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW OF 
THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY

Planning Hearing Officer Summary of July 16, 2025 
Application PHO-10-25--Z-287-85-8 
Page 5 
 
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED 
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY 
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL CONDUCT 
PHASE II ARCHAEOLOGICAL DATA RECOVERY EXCAVATIONS. 
 
 
15. 
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 
diskette. To request a reasonable accommodation, please contact Saneeya Mir 
at saneeya.mir@phoenix.gov or (602) 686-6461 or TTY: 7-1-1.