Attachment C – PC Summary - PHO-2-19--Z-41-94-6.pdf

REPORT OF PLANNING COMMISSION ACTION 
May 7, 2020 
 
ITEM NO: 8 
 
DISTRICT NO.: 6
SUBJECT: 
 
Application #: 
PHO-2-19--Z-41-94-6 
Location: 
Southeast corner of 31st Street and Camelback Road 
Request: 
 
Modification of Stipulation No. 1 regarding general 
conformance to the site plan dated April 12, 1994 
 
Deletion of Stipulation No. 2 regarding conditional approval 
 
Deletion of Stipulation No. 3 regarding zoning being vested 
with final site plan approval 
 
Deletion of Stipulation No. 5 regarding the existing oleander 
hedge along the south boundary of the site 
 
Modification of Stipulation No. 6 regarding egress to 31st 
Street and signage and hours of access for service driveway 
 
Technical corrections to Stipulation Nos. 7 and 9 
Acreage:  
1.92 
Applicant: 
Rakesh Patel, Hillstone Restaurant Group
Owner: 
Hillstone Restaurant Group, Inc.
Representative: Heidi Short, Lewis Roca Rothgerber Christie
 
ACTIONS: 
 
Staff Recommendation: Approval with modifications and additional stipulations as 
recommended by the Planning Hearing Officer. 
 
Village Planning Committee (VPC) Recommendation: 
The Camelback East VPC did not review the request. 
 
Planning Hearing Officer Recommendation:  
2/19/2020 The Planning Hearing Officer took this case under advisement. 
2/28/2020 The Planning Hearing Officer took this case out from under 
advisement and recommended approval with modifications and additional stipulations. 
 
Planning Commission Recommendation: Approval, as recommended by the Planning 
Hearing Officer. 
 
Motion Discussion: N/A  
 
Motion details: Commissioner Shank made a MOTION to approve PHO-2-19--Z-41-94-6, 
as recommended by the Planning Hearing Officer. 
 
 
Maker: Shank 
 
Second: Howard 
 
 
Vote: 8-0 
 
 
 
Absent: Montalvo 
  
         Attachment C

Opposition Present: Yes 
 
Findings: 
 
1. 
The original stipulated site plan depicted a 9,775 square foot restaurant with a 
maximum height of 26 feet, with an approximately 25-foot setback from the 
south property line, a shared property line with adjacent single-family residential 
homes. The proposed site plan depicts a 4,996 square foot restaurant with a 
maximum height of 15 feet 8 inches, with an approximately 65-foot setback from 
the south property line. The reduced square footage, reduced height, and 
enhanced building setback will better mitigate impacts of building massing and 
activity on adjacent single-family homes to the south. 
 
The stipulated site plan provided 90 parking spaces. Based on code 
requirements at the time, the original restaurant required 90 parking spaces. 
The proposed site plan depicts 94 parking spaces provided on both the subject 
property and the P-1 zoned property adjacent to the site to the southeast.  
Based on the smaller size of the proposed restaurant, the proposed site plan 
would require 38 parking spaces. 
 
A new sub-stipulation also is recommended to modify the proposed site plan to 
require an enhanced pedestrian connection that will connect the southern 
parking lot to the primary pedestrian pathway leading to the building entrance.  
The pathway is depicted on the proposed site plan running east-west from the 
east property line to the primary building entrance. The proposed site plan 
depicts 22 parking spaces in the south parking lot. A connecting pathway will 
ensure a safe pedestrian route for users of that parking lot to the restaurant.
 
 
2. 
The conditions outlined in Stipulations 2 and 3 regarding conditional approval 
and vesting of the approved zoning were met with the development of a 
restaurant and the City Council’s approval of an Official Supplementary Zoning 
Map for the existing C-2 zoning designation. Deletion of these stipulations is 
recommended. 
 
 
 
3. 
The oleander hedge identified for preservation in Stipulation 5 is no longer 
present on the site. Additionally, the applicant has proposed new language 
requiring general conformance to a landscape plan that depicts a large quantity 
of acacia and ficus trees along the south property line, both trees with dense 
foliage. This language is recommended for approval and will promote the intent 
of enhanced screening for adjacent residences to the south. However, it should 
be noted that the caliper size of the proposed trees is predominantly 1-inch 
caliper which would not conform with current Ordinance requirements. Some 
trees will need to be increased to a minimum 2-inch caliper size for compliance. 
 
 
 
4. 
The original stipulated site plan depicted an approximately 12-foot wide drive 
aisle along the south property line, behind the restaurant. Stipulated restrictions 
on this driveway included right-turn egress only, limiting its use to delivery or 
service vehicles, on-site signage, prohibiting access after 5:00 p.m., and other

potential measures to discourage use by patrons and deliveries to or from the 
adjacent commercial property to the east.   
 
The applicant’s request for modification of this stipulation included the removal 
of the restrictions regarding delivery or service vehicles and the limitation on 
time-of-use as well as additional language intended to preclude left-turns. It was 
unclear whether the proposed new language regarding precluding left turns was 
intended to discourage left-turn ingress or egress. At the hearing, the applicant 
clarified that the intended use of the driveway was to allow three-quarter 
movement, prohibiting left-turn egress only. 
 
In the original rezoning case, there were concerns raised regarding the potential 
impacts of restaurant patrons parking in the adjacent neighborhood which led to 
the stipulated restrictions. Testimony provided in the current PHO hearing and 
in correspondence received by staff indicate that these concerns remain.   
 
The proposed restaurant represents an approximately 51% reduction in the 
building footprint compared to the existing restaurant, from 9,775 square feet to 
4,996 square feet. Additionally, the proposed 94 parking spaces comprises a 
247% increase above the 38 required parking spaces. Finally, the applicant 
intends to retain restrictions regarding signage and prohibit left-turn egress into 
the existing neighborhood. Combined, these factors will mitigate the potential 
impacts of the development and the revised driveway configuration on the 
neighborhood to the south. The provision of significantly enhanced on-site 
parking will mitigate the potential for customers of the restaurant to rely on 
street-parking or any off-site parking in the surrounding area. 
 
The applicant’s request is recommended to be approved with modifications.  
The Street Transportation Department recommends that the driveway be 
restricted to either developing in accordance with a modified Standard Detail P-
1243-1 to prohibit left-turn egress or limiting use of the driveway to emergency 
access only. An additional stipulation is also recommended to preserve the 
original stipulation’s requirement for the developer to install and maintain private 
signage communicating the driveway movement restrictions and discouraging 
any use of the driveway by users of adjacent commercial property. However, 
the proposed site plan does not depict any driveway or vehicular cross-access 
along the east property line and therefore there may be no actual opportunity for 
use of the driveway on 31st Street for users of the adjacent commercial 
property. 
 
 
5. 
The Street Transportation Department recommended an additional stipulation 
requiring a minimum 30-foot wide driveway along Camelback Road in 
accordance with City of Phoenix Standard Detail P-1255-1.
 
 
6. 
Adjacent to the southeast corner of the property is a parcel zoned P-1 (Parking 
District) which was rezoned in case no. Z-4-10-6. This property was originally 
rezoned to provide additional parking for the existing Donovan’s Restaurant.  
This parcel remains undeveloped. The property is depicted on the site plans in 
this case and is intended to provide additional parking for the proposed 
restaurant. Modifications to the stipulations in this case are proposed in case 
no. PHO-1-9—Z-4-10-6 which was also heard on this agenda.

Stipulations: 
 
1. 
That THE development SHALL be in general conformance WITH to the site 
plan AND LANDSCAPE PLAN DATE STAMPED FEBRUARY 11, 2020 dated 
April 12, 1994, as may be modified by the following stipulations, and 
APPROVED by the PLANNING AND Development Services Department 
through the Development Review process.
 
 
 
 
A. 
THE DEVELOPER SHALL PROVIDE AN ENHANCED PEDESTRIAN 
CONNECTION FROM THE SOUTHERN PARKING LOT TO THE 
PRIMARY PEDESTRIAN PATHWAY LEADING TO THE BUILDING 
ENTRANCE. 
 
 
 
2. 
That approval be conditioned on the development of a restaurant within 18 
months of final City Council approval in accord with Section 506B of the 
Zoning Ordinance.  
 
 
3. 
That zoning vest with final site plan approval by the Development Services 
Department.  
 
 
2. 
4. 
That nNo windows SHALL be located along the south side of the building. 
The exterior courtyard wall on the south side of the building shall be of 
sufficient height to screen dining room windows that open onto the courtyard. 
 
 
5. 
That the existing mature oleander hedge, located along the south boundary of 
the site, be preserved as approved by the Development Services Department.
 
 
3. 
6. 
That only right turn delivery/service egress be allowed from the site to 31st 
Street, as approved by the Development Services Department, and that the 
rear one-way service driveway shall be appropriately signed with directional 
arrows and closed off at 5:00p.m. (or whatever other measures are necessary 
shall be taken) to preclude any use of the driveway by restaurant patrons or 
deliveries to or from adjacent commercial property. 
 
IF A DRIVEWAY IS PROPOSED ALONG 31ST STREET, THE DRIVEWAY 
SHALL BE RESTRICTED IN ONE OF THE FOLLOWING WAYS, AS 
APPROVED BY THE PLANNING AND DEVELOPMENT AND STREET 
TRANSPORTATION DEPARTMENTS:
 
 
 
A. 
THE DRIVEWAY SHALL BE DESIGNED AND CONSTRUCTED PER 
CITY OF PHOENIX STANDARD DETAIL P-1243-1, AS MODIFIED 
TO RESTRICT LEFT TURN EGRESS AND AS APPROVED BY THE 
STREET TRANSPORTATION DEPARTMENT.
 
 
 
 
B. 
THE DRIVEWAY SHALL BE RESTRICTED TO EMERGENCY 
ACCESS ONLY, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT.
 
 
4. 
IF A DRIVEWAY IS APPROVED AND CONSTRUCTED ALONG 31ST 
STREET, THE DEVELOPER SHALL INSTALL AND MAINTAIN PRIVATE

SIGNAGE ON THE PROPERTY INTENDED TO PROHIBIT LEFT-TURN 
EGRESS AND PROHIBIT USE OF THE DRIVEWAY BY THE ADJACENT 
COMMERCIAL PROPERTY, AS APPROVED OR MODIFIED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT.
 
 
5. 
7. 
That aAny driveway to/from Camelback Road shall be right-in right-out only. If 
a common driveway agreement with the parcel to the east can be obtained, 
left turns out of the common driveway may be allowed, as approved by the 
PLANNING AND Development Services Department.
 
 
6. 
THE DEVELOPER SHALL PROVIDE A MINIMUM 30-FOOT-WIDE 
DRIVEWAY ALONG CAMELBACK ROAD IN ACCORDANCE WITH CITY OF 
PHOENIX STANDARD DETAIL P-1255-1.
 
 
7. 
8. 
That aA 10-foot sidewalk/landscape easement SHALL be dedicated along 
Camelback Road. 
 
 
8. 
9. 
That aAdditional easements and right-of-way dedications may be required by 
the PLANNING AND Development Services Department at time of preliminary 
site plan review. 
 
This publication can be made available in alternate format upon request. Please contact 
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.