Attachment C - PHO Summary - PHO-4-25--Z-29-94-6(8).pdf

REPORT OF PLANNING HEARING OFFICER ACTION  
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
 
May 21, 2025 
 
ITEM NO: 8 
 
 
DISTRICT NO. 8 
SUBJECT: 
 
 
 
Application #: 
PHO-4-25--Z-29-94-6(8) 
Location: 
Approximately 970 feet south of the southeast corner of 44th 
Street and Thomas Road. 
Zoning:  
C-2 
Acreage:  
1.82 
Request: 
1) 
Request to modify Stipulation 1 regarding general 
conformance to the site plan date stamped January 11, 
1994 and elevations and exhibits dated January 12, 
1994. 
Applicant: 
Michael Scarbrough, LTH Development Group, LLC 
Owner: 
 
Gen2 Arizona Properties, LLC 
Representative: 
Michael Scarbrough, LTH Development Group, LLC 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation:  The Planning Hearing Officer 
recommended approval with a modification. 
 
Village Planning Committee (VPC) Recommendation:  The Camelback East 
Village Planning Committee heard the request on May 6, 2025 and 
recommended approval by a vote of 15-0. 
 
DISCUSSION: 
 
Michael Scarbrough, representative of LTH Development Group LLC, gave an 
overview of the site and modification request. He stated the site would consist of 
a drive-through coffee shop and will be next to an existing Taco Bell. The 
proposed business will not take away any of the required parking spaces for 
Taco Bell and will provide adequate room for the queueing lanes. He stated the 
Camelback East Village Planning Committee (VPC) approved of the request 
unanimously.  
 
Byron Easton, Planning Hearing Officer, asked Mr. Scarbrough if he knew how 
many square feet the existing Taco Bell is. Mr. Scarbrough stated it is 
approximately 510 square feet and has a 125 square foot storage facility to the 
north of it.  Mr. Easton recommended approval with a modification.   
Attachment C

Planning Hearing Officer Summary of May 21, 2025 
Application PHO-4-25--Z-29-94-6(8) 
Page 2 
 
 
FINDINGS: 
 
1) The request to modify Stipulation 1 regarding general conformance to a 
site plan and elevations is recommended for approval with a modification 
to provide more standard conformance language.  The proposed project, a 
7 Brew Drive-Thru Coffee (7 Brew), will have access to the ROW from 
existing drives immediately south of the parcel and via internal access 
drives within the larger commercial center. The proposed design provides 
for good on-site circulation, queueing, on-site landscaping, lighting and 
both the existing use to the south (Taco Bell) and the proposed use (7 
Brew) will provide the required parking per code.  The proposed 
conceptual site plan depicts a standard small coffee drive through kiosk 
style building.  
 
STIPULATIONS: 
 
1. 
That The development SHALL be in general conformance WITH to the site 
plan AND ELEVATIONS DATE STAMPED MARCH 28, 2025 AS 
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT. (dated January 
11, 1994) [or with the modifications to Anchor D as shown in the site plan 
dated September 7, 2001], together with the elevations and exhibits (dated 
1/12/94) as may be modified by the following stipulations. 
 
 
2. 
That Development of the site SHALL be in accordance with the 
Development Agreement (Ordinance S-21748 amending Ordinance S-
21068, dated 11-93) between Opus Southwest Corporation and the City of 
Phoenix. 
 
 
3. 
That Particular attention shall be given during the Design Review process 
to provide building elevations that are consistent in design and materials 
around the entire center and that the linear nature of the design be 
minimized through the use of architectural embellishments, building 
offsets, shade structures and pedestrian plazas. 
 
 
4. 
That The site plan be modified as approved by the Development Services 
Department to reflect the following changes: 
 
 
 
a. 
Building offsets for the major users shall be consistent with the site 
plan dated January 11, 1994; 
 
 
 
b. 
Pad Sites three (3) and four (4) may be modified to create a unified 
pad development such as through the use of depressed parking and 
pedestrian plazas. A major gateway statement shall be provided at

Planning Hearing Officer Summary of May 21, 2025 
Application PHO-4-25--Z-29-94-6(8) 
Page 3 
 
the Thomas Road and 44th Street intersection with views to the 
interior of the development; 
 
 
 
c. 
That Access to the exception parcel at the southwest corner of the 
site SHALL be considered at the time of site plan approval. 
 
 
5. 
That The right-of-way dedications and off-site improvements shall be 
consistent with the Development Agreement (as identified in Stipulation 
No.2). 
 
 
6. 
That A single driveway access SHALL be permitted on 46th Street south 
of Shops “B” as approved by the Development Services Department, and 
no vehicular access between the library site and the retail center. Left turn 
access from the site onto Oak Street shall be prohibited. 
 
 
 
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.

Planning Hearing Officer Summary of May 21, 2025 
Application PHO-4-25--Z-29-94-6(8) 
Page 4