Attachment B - Staff Report - PHO-1-24--Z-101-98-2.pdf
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Staff Report: PHO-1-24--Z-101-98-2 July 12, 2024 APPLICATION #: PHO-1-24--Z-101-98-2 LOCATION: Approximately 280 feet south of the southwest corner of 25th Street and Bell Road EXISTING ZONING: C-3 ACREAGE: 2.31 REQUEST: 1) Request to modify Stipulation 7 regarding emergency vehicle access on 25th Street. APPLICANT: Randy Gilliam, Gilliam Architecture OWNER: Scott Feuer, Orsett Cave Creek Bell, LLC REPRESENTATIVE: Randy Gilliam, Gilliam Architecture STAFF RECOMMENDATION Denial, as recommended by the Planning Hearing Officer (PHO). PLANNING HEARING OFFICER RECOMMENDATION On May 15, 2024, the Planning Hearing Officer recommended denial. VILLAGE PLANNING COMMITTEE RECOMMENDATION The Paradise Valley Village Planning Committee chose not to hear this case. ATTACHMENT B Staff Report PHO-1-24—Z-101-98-2 August 1, 2024 Planning Commission Page 2 of 5 BACKGROUND/ANALYSIS The subject site consists of 2.31 gross acres located approximately 280 feet south of the southwest corner of 25th Street and Bell Road and is zoned C-3 (General Commercial). The applicant requested to modify Stipulation 7 regarding emergency vehicle access on 25th Street. The applicant appealed the PHO recommendation, arguing that an additional drive approach into the rear property is essential for the business to safely and efficiently maintain and control deliveries into and out of the property by separating deliveries from the customer parking lot. PREVIOUS HISTORY On February 17, 1999, the Phoenix City Council approved Rezoning Case No. Z-101- 98-2, a request to rezone approximately 2.3 acres located 300 feet south of the southwest corner of 25th Street and Bell Road (Exhibit E). The proposed development was intended to be commercial development consisting of one building to include 17,000 square feet of storage space and 3,000 square feet of office space. The property was previously zoned R-3A (Multifamily Residence District). The Zoning Hearing Officer (ZHO) recommended denial of the rezoning on December 21, 1998. The ZHO stated the proposed use of the site was not consistent with the community, as the City was making an effort to stabilize the residential neighborhood from any commercial development. The ZHO argued that the uses permitted in the C-3 Zoning District were not conducive to residential neighborhood stabilization or with the General Plan. The ZHO argued that access to the site would be from a local street, placing commercial traffic on a residential street, further disrupting the neighborhood to the south. The Planning Commission recommended approval, subject to mitigating stipulations on January 13, 1999; the Phoenix City Council ratified the Planning Commission’s recommendation on February 17, 1999. NEIGHBORHOOD CONCERNS Public Correspondence There was no public correspondence for the case. GENERAL PLAN LAND USE MAP DESIGNATION Residential 5 to 15 dwelling units / acre Staff Report PHO-1-24—Z-101-98-2 August 1, 2024 Planning Commission Page 3 of 5 CHARACTER OF SURROUNDING LAND USE Zoning Land Use On-site: C-3 Commercial (The Window Depot) North: C-2 Restaurant (McDonald’s) Restaurant (Tuliberto’s) East: R-3A Vacant (Proposed multifamily residential) South: R-3 Single-family residential and vacant land (proposed multifamily residential) P-1 Parking lot C-2 Multifamily residential West: C-2 Commercial (Fabric Depot & Supply, LLC) and vacant land with a drive aisle PLANNING HEARING OFFICER FINDINGS 1) The request to modify Stipulation 7 regarding gated entry access drive is recommended to be denied. The Street Transportation Department is unable to support the proposed modification to Stipulation #7 as the modification directly contradicts a provision established in Section 507 Tab A.II.A.6.3.1 prohibiting nonresidential uses access to local or collector streets. 6.3.1. Nonresidential uses should not be permitted to access local or collector streets if adequate access is available to arterial streets. (P) Rationale: Nonresidential traffic on local streets should be minimized and directed out of neighborhoods. The subject site is zoned C-3, developed with a nonresidential use, and 25th Street is a local residential road. Therefore, amending the stipulation to allow a non-residential use access to 25th Street would directly contradict existing city regulations. Therefore, the Street Transportation Department is unable to support the proposed modification. Staff Report PHO-1-24—Z-101-98-2 August 1, 2024 Planning Commission Page 4 of 5 PLANNING HEARING OFFICER STIPULATIONS: MITIGATING STANDARDS 1. That, except as modified by the following stipulation the site design shall be in substantial conformance to the site plan dated September 6, 1998, as may be modified by the Development Services Department. Site design shall place emphasis on mitigating impacts upon the surrounding neighborhood. This emphasis shall include, but not be limited to; screening and landscaping, traffic mitigation, graffiti resistant wall treatment and CPTED design principles. 2. That a minimum of 20-foot landscape setback shall be provided along 25th Street and at the south property line. The landscape area shall contain minimum 15-gallon trees placed 20 feet on center. At least 50 percent of the trees shall be a minimum of 24-inch box in size. 3. That any materials stored on the site shall be screened from view so that they do not exceed the height of the screening walls and are not visible over the perimeter wall regardless of height. 4. That there be no storage of inoperable vehicles. 5. That landscaping adjacent to the walls shall include materials which as cat claw which by means of their clinging nature thorns or other features, discourage graffiti. 6. That the gated emergency entry shall consist of materials designed to screen views from the property. 7. That there be no access onto 25th Street except for emergency vehicles. 8. That CPTED (Crime Prevention Through Environmental Design) principles shall be incorporated into the design and layout of this site, as approved by the Development Services Department. 9. That the applicant agrees to purse a variance for a 10-foot screen wall. 10. That development shall commence within one year of final City Council approval in accordance with Section 506.B.1 of the Zoning Ordinance. Staff Report PHO-1-24—Z-101-98-2 August 1, 2024 Planning Commission Page 5 of 5 Exhibits: A- Appeal Document (3 pages) B- Applicant’s Narrative date stamped April 16, 2024 (3 pages) C- Aerial Map (1 page) D- Zoning Map (1 Page) E- Approval Letter for Rezoning Case No. Z-101-98-2 (2 pages) F- Sketch Map from Rezoning Case No. Z-101-98-2 (1 page) G- PHO Summary for PHO-1-24—Z-101-98-2 from May 15, 2024 (3 pages) H- Stipulated Site Plan for Rezoning Case No. Z-101-98-2 (1 page) I- Proposed Site Plan date stamped March 20, 2024 (1 page) EXHIBIT A (;+,%,7% GILLIAMARCHITECTURE, LLC ARCHITECTURE + PLANNING + INTERIORS + ILLUSTRATION 575 W. Chandler Blvd. | Suite 225 |Chandler, Arizona 85225 March 18, 2024, rev 4-16-2024 PHO Written Request The Window Depot 16802 N. 25th St. Phoenix, AZ 85032 Project Background & Description This facility is currently owned by Orsett Cave Creek Bell, LLC, (Orsett Properties, LLC) and the tenant is The Window Depot. An interior tenant improvement for the Window Depot, was recently submitted and approved by the City of Phoenix’s Building Department on December 19th, 2023, under Plan # 2306242-LPRM. The Window Depot is a specialized home improvement retail facility with a large inventory of doors and windows, as well as other home improvement products such as skylights, wood molding, countertops, sinks, kitchen cabinets and more. With their showroom and huge warehouse environment, the Window Depot provides contractors as well as home improvement customers a large selection of inventory and a dedicated customer service experience. Essential to their business model, is Window Depot’s focus toward the customer service area. Currently, the main entrance for customers, including contractors is located along the west side of the building, which is adjacent to the to customer service counter and showroom. The remainder of the building is dedicated to warehouse storage space. To maintain their extensive inventory, delivery trucks are integral to their business model. Currently, deliveries to and from the warehouse are accessed from the single gate and access drive on the west side of the building which overlaps with the customer parking lot, see the attached site plan, Exhibit B for reference. As shown in the attached Exhibit B, this creates a bottleneck for delivery trucks and the customer vehicular traffic. This one point of access creates a vehicular traffic issue as it forces delivery trucks in areas where customers park and enter the building. The property consists of 2.09 acres and is zoned C-3 for commercial use. The APN number is 214-26-005. Surrounding Development The property is adjoined by several retail establishments and several vacant commercial lots. McDonald’s Restaurant and Filiberto’s Restaurant are to the north of the property, and vacant lots are to the east and to the west of the property. To the south of the property are one-story residential properties. • North – McDonalds Restaurant / Filiberto’s Restaurant • South- One Story Residential • East- Unbuilt lot • West- Unbuilt Lot • Fabric Depot & Supply Refer to the Site Plan submitted with this application for reference. Access The primary access into the development is through a single access drive which runs along the northern edge of the subject property from 25th Street to N. Cave Creek Road (24th Street). This is single shared access drive for the adjoining developments and other adjacent commercial lots. This access drive is also the primary access point for customers visiting the Window Depot Store, providing access to the customer parking area along the west side of the building. Currently, this is also the same access point for the delivery trucks coming into and leaving out of the warehouse, and the reason for this PHO request. PHO Hearing Request This request is to modify one (1) of the ten (10) stipulations under the Zoning Case Z 101- 98-2, from September 6, 1998, for the property to allow for one (1) additional curb cut and access drive from the Window Depot’s rear parking lot and delivery area. See site plan submitted with this application for reference. Stipulation to be modified for the subject site is Stipulation #7. Stipulation #7. The proposed request is to modify Stipulation #7 (Z 101-98-2) which currently states as follows: “That there be no access onto 25th Street except for emergency vehicles.” to the following, or similar: “That there be no access onto 25th Street except for except for emergency access vehicles, AND ONE (1) GATED ENTRY ACCESS DRIVE FROM THE SOUTH PAVED PARKING LOT AND YARD. Rationale (modification): By allowing for a separate delivery access to the rear lot, this will separate the delivery truck traffic from the customer parking lot / pedestrian traffic. This will provide a more efficient and safer separation of the customer parking area from the delivery truck / warehouse areas. Furthermore, the proposed new access / curb-cut will be designed to allow for a right turn in and left turn out access only to encourage access back onto Bell Road and discourage access south of 25th street. The proposed gate would consist of materials designed to screen views from the property, as stipulated in the Zoning Case Z 101-98-2 stipulation #6. In summary, we request to modify the stipulation #7 to allow for one (1) gated entry access approximately 193 feet from the northeastern property corner. Should there be any additional questions, comments, or if additional information is required regarding this PHO request, please let me know at your earliest convenience. Thank you for your time and consideration. Sincerely, Randy J. Gilliam, NCARB, RA Principal rgilliam@gilliamarchitecture.com T. 480-236-1228 EXHIBIT C N 23RD PL N 25TH ST PRIVATE N 26TH ST N CAVE CREEK RD E WALLACE AVE E BELL RD PRIVATE PRIVATE E AIRE LIBRE AVE E KELTON LN E BELL RD PRIVATE PRIVATE PRIVATE PRIVATE R-2 R-3A* PAD-14 P-1 C-3* R-3A* C-2 SP* C-2* C-3 C-2 R-3 mapservices@phoenix.gov Planning & Development Department PHO-1-24--Z-101-98-2 Property Location: Approximately 280 feet south of the southwest corner of 25th Street and Bell Road 0 170 340 85 Feet ´ EXHIBIT D N 23RD PL N 25TH ST PRIVATE N 26TH ST N CAVE CREEK RD E WALLACE AVE E BELL RD PRIVATE PRIVATE E AIRE LIBRE AVE E KELTON LN E BELL RD PRIVATE PRIVATE PRIVATE PRIVATE R-2 R-3A* PAD-14 P-1 C-3* R-3A* C-2 SP* C-2* C-3 C-2 R-3 Planning & Development Department PHO-1-24--Z-101-98-2 Property Location: Approximately 280 feet south of the southwest corner of 25th Street and Bell Road 0 170 340 85 Feet ´ EXHIBIT E Mod EXHIBIT F EXHIBIT G REPORT OF PLANNING HEARING OFFICER ACTION Byron Easton, Planner III, Hearing Officer Teresa Garcia, Planner I, Assisting May 15, 2024 ITEM NO: 2 DISTRICT NO. 2 SUBJECT: Application #: PHO-1-24--Z-101-98-2 Location: Approximately 280 feet south of the southwest corner of 25th Street and Bell Road Zoning: C-3 Acreage: 2.78 Request: 1) Request to modify Stipulation 7 regarding emergency vehicle access on 25th Street. Applicant: Randy Gilliam, Gilliam Architecture Owner: Scott Feuer, Orsett Cave Creek Bell, LLC Representative: Randy Gilliam, Gilliam Architecture ACTIONS: Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended denial of the request. Village Planning Committee (VPC) Recommendation: The Paradise Valley Village Planning Committee opted not to hear this request. DISCUSSION: Randy Gilliam, a representative from Gilliam Architecture, 575 West Chandler Boulevard Suite 225, Chandler Arizona 85225, gave an overall summary of the business and the current conditions on the site. He stated the modification request included adding an access gate from the rear service yard onto 25th Street for delivery trucks. He stated there is only one access point for customers and delivery trucks on the western portion of the site and the new access gate would minimize traffic and safety concerns for customers and employees. Byron Easton, Planning Hearing Officer, stated a future multifamily development is located across the street from the site and existing single-family residential is located to the south. He stated 25th Street is a local street and prohibits non- residential uses, therefore delivery trucks cannot utilize the street. He recommended denial of the stipulation modification. Planning Hearing Officer Summary of May 15, 2024 Application PHO-1-24—Z-101-98-2 Page 2 FINDINGS: 1) The request to modify Stipulation 7 regarding gated entry access drive is recommended to be denied. The Street Transportation Department is unable to support the proposed modification to Stipulation #7 as the modification directly contradicts a provision established in Section 507 Tab A.II.A.6.3.1 prohibiting nonresidential uses access to local or collector streets. 6.3.1. Nonresidential uses should not be permitted to access local or collector streets if adequate access is available to arterial streets. Rationale: Nonresidential traffic on local streets should be minimized and directed out of neighborhoods. The subject site is zoned C-3, developed with a nonresidential use, and 25th Street is a local residential road. Therefore, amending the stipulation to allow a non-residential use access to 25th Street would directly contradict existing city regulations. Therefore, the Street Transportation Department is unable to support the proposed modification. STIPULATIONS: MITIGATING STANDARDS 1. That, except as modified by the following stipulation the site design shall be in the substantial conformance to the site plan dated September 6, 1998, as may be modified by the Development Services Department. Site design shall place emphasis on mitigating impacts upon the surrounding neighborhood. This emphasis shall include but not be limited to screening and landscaping, traffic mitigation, graffiti resistant wall treatment and CPTED design principles. 2. That a minimum of 20-foot landscape setback shall be provided along 25th Street and at the south property line. The landscape area shall contain minimum 15-gallon trees places 20 feet on center. At least 50 percent of the trees shall be a minimum of 24-inch box in size. 3. That any materials stored on the site shall be screened from view so that they do not exceed the height of the screening walls and are not visible over the perimeter wall regardless of height. 4. That there be no storage of inoperable vehicles. Planning Hearing Officer Summary of May 15, 2024 Application PHO-1-24—Z-101-98-2 Page 2 5. That landscaping adjacent to the walls shall include materials which as cat claw which by means of their clinging nature thorns or other features, discourage graffiti. 6. That the gated emergency entry shall consist of materials designed to screen views from the property. 7. That there be no access onto 25th Street except for emergency vehicles. 8. That CPTED (Crime Prevention Through Environmental Design) principles shall be incorporated into the design and layout of this site, as approved by the Development Services Department. 9. That the applicant agrees to purse a variance for a 10-foot screen wall. 10. That development shall commence within one year of final City Council approval in accordance with Section 506.B.1 of the Zoning Ordinance. 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 Teleia Galaviz at teleia.galaviz@phoenix.gov or (602) 291-2559 or TTY: 7-1-1 EXHIBIT H PHO-1-24--Z-101-98-2(6) Stipulated Site Plan Hearing Date: May 15, 2024 EXHIBIT I EXHIBIT B, SITE PLAN