Attachment F - Opposition - PHO-2-19--Z-41-94-6.pdf
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Attachment F 1 Julianna Pierre From: Danielle M Jordan Sent: Tuesday, March 10, 2020 10:22 AM To: Julianna Pierre Subject: FW: Zoning case PHO-1-19-Z-4-10 and PHO-2-19-Z-41-94-6 Follow Up Flag: Follow up Flag Status: Flagged FYI Thank you, Danielle Jordan, Planner I City of Phoenix Planning and Development Department Planning Division, Zoning Section 200 West Washington Street, 2nd Floor Phoenix, AZ 85003 Office: 602-495-0383 Phoenix.gov/PDD From: Robby Ashton <tobey-jack@hotmail.com> Sent: Tuesday, March 10, 2020 10:04 AM To: Danielle M Jordan <danielle.jordan@phoenix.gov> Cc: printink@msn.com; Robby Ashton <tobey-jack@hotmail.com>; mario fontana <mariofontan@yahoo.com>; joshamosricher@gmail.com; asbrocca4@aol.com; johnpkalil@cox.net; johnfagnani@msn.com Subject: RE: Zoning case PHO-1-19-Z-4-10 and PHO-2-19-Z-41-94-6 Hello Danielle, First let us state that we and our neighbors are excited for the Hillstone restaurant that is proposed on the old Donavans site with all its improvement and changes, with one exception. We am writing to inform you that we oppose the secondary driveway behind the Hillstone development at 31st street and Camelback to be used as an entrance and exit for it’s customers. We are strongly in favor of option “B” in that “the driveway shall be restricted to emergency access only, as approved by the planning and development department”. This driveway has been used for years as a service/emergency only access when Donavan’s was open. . 2 As you might or might not be aware but Donavan’s restaurant was over 4,000 square feet and the Hillstone restaurant is going to be no more than 2,000 square feet. Donavan’s could seat 200 guests plus a bar area, whereas the new restaurant is stating that it will only seat 73/75 guests. So Donavan’s was twice the size and over 60% more seating capacity than the new Hillstone restaurant and was able to function for years with only one entrance to their restaurant on Camelback Road and a rear driveway that was only used for deliveries and closed to customer traffic. They did not have traffic entering into our quiet neighborhood. Hillstone’s new restaurant is going to be one half the size as Donavans and 60% less seating as Donavans and they are asking for two driveways. This just does not make sense to us and our neighbors. The people who live in our neighborhood oppose the egress onto 31st street and the traffic that will use this secondary exit to avoid exiting onto Camelback Road. Day and night our neighborhood is active with people walking and children playing. Any extra traffic into our quiet neighborhood especially after Hillside’s customers have a few drinks could cause undue problems for all of us. As neighbors who has lived here for over 28 years and have seen many changes to the surrounding area, this request to be able to exit onto 31st Street is not necessary. All the other offices that have taken over the out lying properties along Camelback and 32nd Street, not one has ever proposed to have their employees/customers exit into our neighborhood. They have always respected our area and only exit onto Camelback Road or 32nd Street and not into our neighborhood. Hillstone people could also negotiate with the property at 3131 E Camelback to use their driveway as a secondary exit. The Hillstone restaurant on 26th and Camelback uses the driveway of Chase bank on the west and the driveway of the commercial offices on the east to enter or exit their restaurant from Camelback Road. Hillstone does not have a designated driveway just for their restaurant at this location. Why is it necessary for them now to have this secondary exit into our neighborhood on 31st street? Please consider the recommendation from the Planning and Development department and approve the “B” option as stated above. Please help our neighborhood from being over run by developers. Thank you for your time and consideration. Don Borck Robert Ashton 4823 No 30th Place Phoenix, AZ 85016 1 Danielle M Jordan From: Robby Ashton <tobey-jack@hotmail.com> Sent: Tuesday, March 24, 2020 11:08 AM To: Danielle M Jordan Cc: Julianna Pierre Subject: PHO-1-19-Z-4-10 and PHO-2-19-Z-41-94-6 Hello Danielle, I am a neighbor in the Brentwood estates and I am sending you this e-mail to let you know that I and my husband say No to Modify Z-41-94-6, Stipulation 6 | 3101 E. Camelback Road, We feel that the rewording will allow Hillside customers access to our neighborhood no matter how many signs they post to not turn into our area. When Donavans was operational they only had the one entrance to their restaurant on Camelback Road and the back driveway was only used for service deliveries and not customer traffic. They were twice the size and held 60% more people than the proposed restaurant that Hillside wants to build and yet they were able to operate for years with only one entrance and exit into their establishment. Please consider to not have the modified wording to stipulation 6, but to keep it only as a service drive and closed when not used. This will ensure that no traffic will be turning into our neighborhood that we all love so much. Especially now with the Corona virus our neighborhood is even more vibrant with everyone walking and playing in their front yards and street than it has in the past. And I am sure once this pandemic is over our neighbors will be more closely knit and more active then ever before. More traffic will only cause more accidents, trash and noise than we want to see in our quiet and friendly neighborhood. Thank for your time and consideration. Please vote against the change to stipulation 6. . Don Borck Robert Ashton 4823 No 30th Pl Phoenix, AZ 85016 Sent from Mail [go.microsoft.com] for Windows 10 1 Danielle M Jordan From: Asja D <asjadimuria@gmail.com> Sent: Tuesday, March 24, 2020 7:27 PM To: Danielle M Jordan Cc: Julianna Pierre; Colleen Geretti; Johnny Fagnani; Jason D'Ambrosio Subject: Zoning case PHO-1-19-Z-4-10 and PHO-2-19-Z-41-94-6 Good Evening Danielle, As Brentwood Estate homeowners, we are excited to have Hillstone as our neighborhood partner developing a concept restaurant which we expect will be extremely successful. We are also grateful for their thoughtful planning to scale back the footprint, improve on various esthetic elements (i.e. burying electrical lines) and careful considerations to provide design consistency with our neighborhood. We have only one objection, we are against expanding access to 31st St. to restaurant patrons, staff or general traffic (we oppose option A below). Our home is directly across from the driveway being discussed in the zoning details. At present, without the additional traffic that will accompany a successful restaurant, there is a frequent bottleneck that occurs as neighbors attempt to exit from 31st St. onto an extremely busy Camelback Rd. This bottleneck will be exacerbated if restaurant patrons and employees are given access to 31st St. Without a physical barrier, signage will not deter the flow of traffic into our neighborhood; drivers will turn left out of the restaurant driveway into our neighborhood when they are faced with this backup onto Camelback. Approval of option A will increase traffic in our neighborhood and have a negative impact on the safety of our community members, children and pets who enjoy walking and playing together. We do support Option B, 31st St. access restricted to emergency access only. We understand the importance of ease of emergency access as it relates to the safety of the restaurant staff, patrons and our neighborhood. Thank you for your thoughtful consideration of this matter and we look forward to a decision that supports the continued safety of our neighborhood. Respectfully, Jason D'Ambrosio Asja DiMuria 3024 E Mariposa St. Phoenix, AZ 85016 2 1 Danielle M Jordan From: Colleen Geretti <printink@msn.com> Sent: Tuesday, March 24, 2020 10:21 PM To: Danielle M Jordan Cc: Julianna Pierre Subject: Planning Commission | PHO-1-19-Z-4-10 and PHO-2-19-Z-41-94-6 | No to Modify Z-41-94-6, Stipulation 6 | 3101 E. Camelback Road Attachments: PC_PHO-1-19-Z-4-10_PHO-2-19-Z-41-94-6_3101E Camelback Rd_3-24-20.pdf; Z-41-94-6_Stipulation 6.pdf Attention: Planning Commission members, As a resident of Brentwood Estates neighborhood for 20-years, and the President of the Homeowners Association for 17-years, I am writing on behalf of our neighborhood regarding the above case and am requesting the attachments and information below be included in the above case file. Please do not modify Z-41-94-6, Stipulation 6. For the record, the neighbors of Brentwood Estates are excited at the prospect of having the caliber of restaurant such as Hillstone as a neighbor, and it appears there are a lot of positive aspects regarding their plans to re-develop the site. However, there is one major concern with the proposed development - access to N. 31st Street via a "secondary access" or "General Driveway" must be prohibited. The zoning modification is inappropriate. ** Please read the attached PDF as it outlines in significant detail items 1 through 4 and provides supporting facts as to why stipulation 6 should not be modified: Table of Contents - Case to not modify Z-41-94-6, stipulation 6: 1. Rebuttal to PHO Narrative request to modify Z-41-94-6, stipulation 6 2. Additional supporting facts why not to modify Z-41-94-6, stipulation 6 (modifying is inappropriate) 3. Alternate "secondary access point" recommendations thereby, not modifying Z-41-94-6, stipulation 6 (modifying is inappropriate) 4. Involvement regarding the proposed development beginning in May 2019 In addition to the attached PDF, please consider the following to not modify stipulation 6: On 2/19/2020, many neighbors of Brentwood Estates appeared before the PHO to plead our case as to why the City must deny the request to modify Stipulation 6. Signatures from more than 80% of our neighbors in opposition of this modification were provided to the PHO and the PC as well. At the PHO Hearing, numerous examples of historic data were citied outlining the negative impacts adjacent commercial traffic has had upon Brentwood Estates by the prior establishments. This data provides strong supporting facts to not modify stipulation 6. To date, the applicant has not given one reason why a secondary access point is needed, nor is there any historic data to prove there is a valid need. Note, Harris' Steakhouse and later Donovan's restaurant (for 15-years), successfully functioned with only one access point, E. Camelback Road only. Modifying this stipulation would only further put the neighborhood at risk for adjacent commercial encroachment based on the historic data. We are also confident the applicant will build a restaurant regardless if they are granted a secondary access point. As neighbors living in Brentwood Estates, we have witnessed first-hand the negative impact resulting from even the existing Service Driveway over many years. The problems would only be exasperated if a General Driveway is allowed. Therefore, an even more intense use must be prohibited. We fully support Hillstone and wish them much success. Unfortunately, as history has proven, businesses will come and go, but our neighborhood has been here for 50+ years and will be for many more to come. We are confident this restaurant will be built whether this stipulation is modified or not. At the PHO hearing, a supporter of the applicant made it clear they embrace this project for economic development (as this provides tax revenue). It was said, the applicant is proposing a restaurant that is "conscious of the surrounding community". The applicant has not presented a plan as to how they will mitigate, monitor, or enforce traffic from accessing the neighborhood. A change in restaurant patron traffic flow onto N. 31st Street, regardless of posted signs, directional arrows painted on the drive, providing brochures to guests, (etc.); attempting to limit flow to a right hand turn only, will be ineffective. History proves, people will do as they choose to do, regardless of posted signs. There is no way to enforce, prevent, or discourage guests from turning south into the neighborhood for an alternate route to avoid E. Camelback Road. Thus, increasing traffic throughout our neighborhood. Unfortunately, too often decisions are made due to economic profit. As a result, we are hoping that the higher hearing bodies of this committee, consider the residents of Brentwood Estates who will be directly impacted by the pending decision and that our voices be favored over a decision based on tax revenue. 2 o Why should the neighborhood be forced to live with a decision and consequences thrust upon us due to economic gains? As for "protecting neighborhoods and being conscious of the surrounding community", Brentwood Estates has repeatedly asked the applicant to not proceed with modifying Stipulation 6. Knowing the past history, honoring our request would be protecting our neighborhood and conscious of the surrounding community. Allowing a change in use, continues to erode the preservation of our residential neighborhood and other vulnerable neighborhoods abutting commercial properties. This statement of concern has been repeated by other hearing committees over the years when Donovan's occupied this site. Those committees understood the "slippery slope" and threat our neighborhood faced if boundaries were not established. The requested access adds to the perpetual threat of commercial encroachment continuing to blur the boundaries of separation between residential and commercial properties. At what point does the City say no, and not allow this continued encroachment? So often I am asked, why does it feel like the public process does not work fairly for the citizens, but instead for commercial interests? We hope this time that will not be the case. Our collective voices are no less important than a commercial developer or an economic gain for the City. We live in the adjacent neighborhood and we deserve to be heard, our request to not modify stipulation 6 should prevail. As residents of Brentwood Estates and as City of Phoenix taxpayers, we are asking you to make a decision based on the long term best interests of our neighborhood. Prove the public process does work for the citizens and that people can make a difference. We are making only one request regarding this development, please do not approve the request to modify stipulation 6. Please seriously consider your decision as it will forever impact our neighborhood. Thank you for your time and consideration, Colleen Geretti President, Brentwood Estates Homeowners Association 4822 N. 31st Place T. 602.505.9777 E. PrintInk@msn.com Attention: Planning Commission: As a resident of Brentwood Estates neighborhood for 20-years, and the President of the Homeowners Association for 17-years, I am writing regarding the above case and am requesting this letter be included in the above case file. For the record, the neighbors of Brentwood Estates are excited at the prospect of having the caliber of restaurant such as Hillstone as a neighbor, and it appears there are a lot of positive aspects regarding their plans to re-develop the site. However, there is one major concern with the proposed development - restaurant guests should not be allowed access to 31st Street via a "secondary access" or "General Driveway". The zoning modification is inappropriate. Z-41-94-6, stipulation 6, should NOT be modified! The historic use of the existing one-way Service Driveway has posed ongoing issues to the adjacent neighborhood for many years and should not be modified to allow an even more intense use such as a General Driveway, it is inappropriate. The stipulation must remain as written per Zoning Case No. Z-41-94-6. As residents of the neighborhood, we are very concerned the City is considering modifying stipulation item 6 as it would continue to erode the preservation of our residential neighborhood, Brentwood Estates. If allowed, it adds to the perpetual threat of commercial encroachment continuing to blur the boundaries of separation between residential and commercial properties. At what point does the City say no, and not allow this continued encroachment? Table of Contents - Case to not modify Z-41-94-6, stipulation 6: 1. Rebuttal to PHO Narrative request to modify Z-41-94-6, stipulation 6 2. Additional reasons supporting why not to modify Z-41-94-6, stipulation 6 (modifying is inappropriate) 3. Alternate "secondary access point" recommendations thereby, not modifying Z-41-94-6, stipulation 6 (modifying is inappropriate) 4. Involvement regarding the proposed development beginning in May 2019 1. Rebuttal to PHO Narrative request to modify Z-41-94-6, stipulation 6: Regarding the stated "rationale" and "historic data" to modify this stipulation: o The "stipulation was previously used to ensure patrons did not park in the residential neighborhood." History has shown the stipulation was ineffective, and would be even more inappropriate if modified to allow egress onto N. 31st Street via a General Driveway. o "Having significantly better parking ratios on the Parcels" as stated in the Rationale by the applicant, does not guarantee it will be sufficient as history has shown. o There IS historic data that parking ratios were met for prior establishments at this site, but were insufficient. Donovan's leased spaces from 3131 E. Camelback Road for overflow guest parking. Donovan's sought to acquire four homes in Brentwood for P-1 parking. They acquired one home, demolished it, and is now zoned P-1 parking. As a result, the remaining three homes have Deed Restrictions for R1-6 zoning only. o We have experienced inappropriate commercial encroachment for years just as the neighbors near La Grande Orange at 4410 N 40th St, Phoenix, AZ 85018 and Original ChopShop at 4503 N 32nd St, Phoenix, AZ 85016. o There IS historic data that has proven an issue exists with adjacent commercial traffic upon Brentwood Estates. Employees, customers, vendors, and even buses transporting guests from local resorts accessed the site via Brentwood Estates. In addition, the neighborhood has been was burdened with these same entities parking throughout the neighborhood. o Therefore, access to N. 31st Street via a General Driveway, is not appropriate and should be denied as it is an invitation to park in the neighborhood should the Hillstone parking lot be full. We expect and are encouraged that Hillstone has developed a very successful concept and will have a significant increase in guest activity. o By allowing a change in restaurant patron traffic flow onto N. 31st Street, regardless of posted signs, directional arrows painted on the drive, (etc.) attempting to limit flow to a right hand turn only, will be ineffective. History proves, people will do as they choose to do, regardless of posted signs. o The existing one-way Service Driveway has long been an issue for the neighborhood and should not be modified to allow an even more intense use such as a General Driveway. o The drive needs to remain as a one-way Service Driveway for deliveries and as an emergency/fire exit/fire "loop" (gated with key in Knox box) only. o The one-way Service Driveway was intended to preclude any use by restaurant guests, employees, etc. from the site to N. 31st Street. A modification is inappropriate. o Because guests will self-park (valet will not be available), there is no way to manage, direct traffic, or enforce how guests, employees, etc., will utilize N. 31st Street. o If the stipulation were modified, guests, employees, etc., will turn south from the General Driveway onto N. 31st Street into the neighborhood to avoid E. Camelback Road. o Once familiar with the restaurant, guests, employees, etc., will utilize the neighborhood to access the site from N. 31st Street using the General Driveway, thus avoiding E. Camelback Road entirely. o In time, guests, employees, etc., will travel south from E. Camelback Road onto N. 31st Street to access the site from the General Driveway. o Harris' Steakhouse and later Donovan's restaurant (for 15-years), successfully functioned with only one access point, E. Camelback Road only. Modifying this stipulation would only further put the neighborhood at risk for adjacent commercial encroachment based on the historic data cited. o If a "secondary access" point is truly needed, that access should be directed away from the neighborhood, not directly abutting the property lines of those living in Brentwood Estates and allowing access onto N. 31st Street. This is a local street purely intended to serve the residents of Brentwood Estates and provide access to their homes. It was never intended to be used or shared with commercial traffic. The modification is inappropriate. 2. Additional reasons supporting why not to modify Z-41-94-6, stipulation 6: Mr. Johnson with the Hillstone Restaurant Group, suggested working with the proposed access and then reviewing and modifying to address the conditions from actual operations. A "wait and see" strategy is not agreeable to the residents of Brentwood Estates and does not make sense as we do not want to wait to address problems as they arise after Hillstone is operational. Again, resolution now and a proactive approach from the start is much more favorable for both sides and for long-term success. History proves the existing one-way Service Driveway has been an issue for the neighborhood. In addition to the driveway, we have dealt with numerous issues over the years as commercial and residential try to coexist. Please consider the comparison of N. 29th Street, two blocks West of N. 31st Street to support not modifying this stipulation. It is a mirror example of N. 31st Street and further supports the reason stipulation 6 should not be modified to a General Driveway. The (2) commercial properties fronting E. Camelback Road and on each side of N. 29th Street, have NO access (Service or General Driveways), to N. 29th Street, a local street which serves the residential neighborhood only. All traffic from the commercial properties is directed to and from E. Camelback Road only. o N. 29th Street like N. 31st Street, is specifically intended to support the ingress / egress of homeowners only to access E. Camelback Road. There is no other purpose or intended use for that local street. o Its utility was never meant to support commercial use. It is for the exclusive benefit of the homeowners to access their neighborhood south of E. Camelback Road. South of E. Camelback Road | N. 29th Street (SE) View - Residential | Commercial (No Commercial Access) South of E. Camelback Road | N. 29th Street (SW) View - Residential | Commercial (No Commercial Access) South of E. Camelback Road | N. 31st Street (SE) View - Residential | Commercial (Existing Service Driveway Access Only) South of E. Camelback Road | N. 31st Street (West) View - No commercial thru-put access 3. Alternate "secondary access point" recommendations thereby, not modifying Z-41-94-6, stipulation 6: Mr. Johnson sent a FedEx letter dated 2/10/20 to the residents of Brentwood Estates, it did not include a site plan illustrating the desire to change the use of the existing one-way Service Driveway to a General Driveway. In the letter regarding access to N. 31st Street, Mr. Johnson stated in part, " The design and location of this access drive makes it a secondary access point." Unfortunately, when addressing this change in use with neighbors, the verbiage did not resonate for "lay" people to understand this change meant a more intense use. o The current "design and its location" should remain as a one-way Service Driveway only and its intended use should remain as is, it should not be changed to a more intense use as a General Driveway. o The existing Service Driveway has long been an issue for the neighborhood and should not be modified. To modify is inappropriate. If a secondary access point is truly needed for proper site flow, the (2) existing large monument signs located on E. Camelback Road clearly draw traffic to and from the site while providing a defined egress / ingress. Therefore, it makes perfect sense to continue to direct guests to and from the site using E. Camelback Road only, not N. 31st Street. Again, secondary access should be directed away from the neighborhood. 31st Street is local street purely serving to support Brentwood Estates residents only. Two secondary access options are illustrated on the following site plan indicated as A and B. o Option A: Utilize the existing drive on the East side of the property. Widen the shared entry and landscaping around the driveway to the parking lot. This drive was utilized by Donovan's and allows access to E. Camelback Road. The median on E. Camelback Road is open for cross traffic. Option A does not impact Brentwood Estates neighborhood. o Option B: Create a secondary access point from the site onto E. Camelback Road, also not impacting Brentwood Estates neighborhood.. Recommended Secondary Access Point using Exiting Drive on East side of property including (1) of (2) existing large monument signs located on E. Camelback Road: Option A: Supporting images: (SE) View of property site from E. Camelback Road and Existing Driveway. Note - Median on E. Camelback Road is Open to Allow Cross Traffic 4. Involvement regarding the proposed restaurant: My involvement with this case began in May of 2019 with an initial outreach from Heidi Short with Lewis Roca. After the first meeting with Ms. Short and Mr. Bryce Johnson, my communication was then solely with Mr. Johnson, a member of the Hillstone Restaurant Group. Since May, I have continued to devote significant amounts of my personal time to meetings, reviewing drawings, providing thoughtful comment and discussing the project with Mr. Johnson. As the President of Brentwood Estates Homeowners Association, I have also been communicating with the neighborhood as the project has unfolded. It was not until January 2, 2020, when I received an email from Mr. Johnson containing the PHO submission documents which included a site plan. I then became aware that the Service Driveway located at the south west side of this site had been modified to a General Driveway. I expressed my concerns to Mr. Johnson and those of the neighborhood regarding this change in use. It was recommended to Mr. Johnson, that Ms. Short, organize a Neighborhood Outreach to meet with the neighborhood regarding this issue. My experience is that most people by no fault of their own, do not fully understand what is being proposed and any negative impacts a development might pose. On 2/11/20, I learned from neighbors, Mr. Johnson opted to send FedEx letters to each home (excluding my residence), to pursue individual conversations only, rather than an inclusive neighborhood meeting. To support the request for prohibiting customer access to 31st Street (as it is inappropriate), the following was provided via email to Mr. Johnson: 31st Street is specifically intended to support the ingress / egress of homeowners only into our residential neighborhood, it is not intended to support the use of commercial businesses. Donovan's had valet parking only which helped to direct guests back onto Camelback Road. Because Hillstone's guests will self-park, there is no way to manage or enforce how guests will utilize 31st Street. Access to Harris' and Donovan's was only to and from Camelback Road and it worked, we feel confident Hillstone can make this work as well. Our neighborhood consists of families, young children and pets that walk, play, and visit with one another seven days a week, day and night. It is a relatively small development and has very little traffic which helps to keep it safe for numerous reasons. We are surrounded by commercial development, therefore we must take whatever steps necessary to ensure our neighborhood remains private for those who reside here. It is our collective sense that any homeowner, in any residential neighborhood, facing the threat of commercial traffic, would strongly oppose this stipulation modification. Living near a commercial area and as a past member that served on the CEVPC, I am not aware of a commercial business operating (7) days per week, generating numerous traffic trips day and night, having been allowed direct access to a local street intended to support the exclusive use of homeowners that reside in the neighborhood. Please do not modify Z-41-94-6, stipulation 6, as it is not appropriate. We appreciate your time and consideration regarding this request. Thank you, Colleen Geretti President, Brentwood Estates Homeowners Association 4822 N. 31st Place T. 602.505.9777 E. PrintInk@msn.com 1 Danielle M Jordan From: Colleen Geretti <printink@msn.com> Sent: Tuesday, March 24, 2020 10:21 PM To: Danielle M Jordan Cc: Julianna Pierre Subject: Planning Commission | PHO-1-19-Z-4-10 and PHO-2-19-Z-41-94-6 | No to Modify Z-41-94-6, Stipulation 6 | 3101 E. Camelback Road Attachments: Z-41-94-6_Stipulation 6.pdf Attention: Planning Commission members, As a resident of Brentwood Estates neighborhood for 20-years, and the President of the Homeowners Association for 17-years, I am writing on behalf of our neighborhood regarding the above case and am requesting this information be included in the above case file. Please do not modify Z-41-94-6, Stipulation 6. The existing one-way Service Driveway stipulation was previously written to ensure whatever necessary measures be taken to preclude any use of the driveway by restaurant patrons or deliveries to or from adjacent commercial property. History HAS shown the intention of this stipulation was ineffective, and would have an even greater negative impact if modified to allow an even more intense as a General Driveway. According to street "designations or hierarchy", N. 31st Street is defined as a "local street". Therefore, it makes no sense to allow commercial through traffic access to this local street. N. 31st Street exclusively serves the residents of Brentwood Estates, a single- family residential neighborhood and for no other purpose. It does not lead to any other location or points of destination as a "collector street" would. N. 31st Street is used to access residential homes only, it is NOT a direct through street. Local streets are to provide access to and from RESIDENCES, not for commercial patrons to travel through a residential neighborhood. The applicant's zoning attorney refers to N. 31st Street as a Collector Street, it is not. It is a Local Street as defined and confirmed by the City of Phoenix. o Local Streets: The primary function of local streets is to provide direct access to property with very limited traffic service and should be designed to discourage through trips. These roads have the lowest speed limit, and carry low volumes of traffic. o Collector Streets: Provide an equal balance of both access and traffic movement. Direct access to nonresidential facilities frequently occurs, but direct access to single-family residential properties should be avoided. o Examples of Collector Streets as defined and confirmed by the City of Phoenix are, E. Campbell Rd, E. Osborn Rd, E. Highland, E. Missouri. o Again, N. 31st Street is not a collector street, it is a local street intended to access residential neighborhood(s) only. To further emphasize these points, please see the satellite map below illustrating the local streets throughout Brentwood Estates neighborhood, surrounding residential neighborhoods, and surrounding commercial properties. Again, the neighborhood streets shown below are for the sole purpose to access residential homes only. There are NO direct through streets for commercial patrons to access and travel through the residential neighborhoods. 2 Note, Harris' Steakhouse and later Donovan's restaurant (for 15-years), successfully functioned with only one access point, E. Camelback Road only. N. 31st Street was never used as an access point. As stated above, N. 31st Street serves to support the homeowners that reside in Brentwood Estates and surrounding neighborhoods only, not for commercial through traffic. Brentwood Estates residents have expressed numerous reasons, serious concerns, and facts for prohibiting access to N. 31st Street. Some are as follows: Our neighborhood consists of numerous families, young children and pets that walk, play, and visit with one another seven days a week, day and night. It is a relatively small development and has very little traffic which helps to keep it safe for numerous reasons. We are surrounded by commercial development; therefore, we must take whatever steps necessary to ensure our neighborhood remains private and safe for those who reside here. For years, we have experienced inappropriate commercial encroachment just as the neighbors near La Grande Orange at 4410 N 40th St, Phoenix, AZ 85018 and Original ChopShop at 4503 N 32nd St, Phoenix, AZ 85016. Because Hillstone's guests will self-park (there will be no valet), there is no way to manage or enforce how access to N. 31st Street will be utilized. A change in restaurant patron traffic flow onto N. 31st Street, regardless of posted signs, directional arrows painted on the drive, brochures given to guests, (etc.); attempting to limit flow to a right hand turn only, will be ineffective. History proves, people will do as they choose to do, regardless of posted signs. There is no way to enforce, prevent, or discourage guests from turning south into the neighborhood for an alternate route to avoid E. Camelback Road. Thus, increasing traffic throughout our neighborhood. Having access to N. 31st Street, is an invitation to park in the neighborhood should the Hillstone parking lot be full. We expect and are encouraged that Hillstone has developed a very successful concept and will have a significant increase in guest activity. 3 To date, there has not been one reason given by the applicant as to why a secondary access point is needed for a successful operation. Nor has there been an action plan provided by the applicant as to how they intend to handle all of the concerns cited by the neighborhood based on years of historic data should this stipulation be modified. If access to N. 31st Street is given, it is only a matter of time before the neighborhood is left to single handedly address the negative impacts once again. The drive needs to remain as a one-way Service Driveway for deliveries and as an emergency/fire exit/fire "loop" (gated with key in Knox box) only. As residents of the neighborhood, we are very concerned the City would consider modifying stipulation item 6 as it goes against the very definition of a local street and its intended use. Allowing a change in use, continues to erode the preservation of our residential neighborhood and other vulnerable neighborhoods abutting commercial properties. This statement of concern has been repeated by other hearing committees over the years when Donovan's occupied this site. Those committees understood the "slippery slope" and threat our neighborhood faced if boundaries were not established. The requested access adds to the perpetual threat of commercial encroachment continuing to blur the boundaries of separation between residential and commercial properties. At what point does the City say no, and not allow this continued encroachment? We are making only one request regarding this development, please do not approve the request to modify stipulation 6. Your decision will forever impact our neighborhood. Thank you for your time and consideration, Colleen Geretti President, Brentwood Estates Homeowners Association 4822 N. 31st Place T. 602.505.9777 E. PrintInk@msn.com 1 Danielle M Jordan From: Colleen Geretti <printink@msn.com> Sent: Tuesday, March 24, 2020 10:24 PM To: Danielle M Jordan Cc: Julianna Pierre Subject: Planning Commission | PHO-1-19-Z-4-10 and PHO-2-19-Z-41-94-6 | No to Modify Z-41-94-6, Stipulation 6 | 3101 E. Camelback Road Attachments: Neighborhood Signatures in Opposition_Z-41-94-6_Stip 6_2-25-20.pdf; Z-41-94-6 _Stipulation 6.pdf Attention: Planning Commission members, Please include the attached PDF which represents more than 80% of Brentwood Estates homeowners signatures in opposition to modify Z-41-94-6, Stipulation 6 in the above case file. For the record: Allowing an even more intense use (other than the existing service driveway), continues to erode the preservation of our residential neighborhood and other vulnerable neighborhoods abutting commercial properties. This statement of concern has been repeated by other hearing committees over the years when Donovan's occupied this site. Those committees understood the "slippery slope" and threat our neighborhood faced if boundaries were not established. The applicant has not presented a plan as to how they will mitigate, monitor, or enforce traffic from accessing the neighborhood. A change in restaurant patron traffic flow onto N. 31st Street, regardless of posted signs, directional arrows painted on the drive, providing brochures to guests, (etc.); attempting to limit flow to a right hand turn only, will be ineffective. History proves, people will do as they choose to do, regardless of posted signs. The requested change in access adds to the perpetual threat of commercial encroachment continuing to blur the boundaries of separation between residential and commercial properties. At what point does the City say no, and not allow this continued encroachment? Boundaries must be set. Thank you for your time and consideration, Colleen Geretti President, Brentwood Estates Homeowners Association 4822 N. 31st Place T. 602.505.9777 E. PrintInk@msn.com 1 Danielle M Jordan From: Johnny Fagnani <johnfagnani@msn.com> Sent: Wednesday, March 25, 2020 7:24 AM To: Danielle M Jordan Cc: Julianna Pierre Subject: PHO-1-19-Z-4-10 and PHO-2-19-Z-41-94-6 | No to Modify Z-41-94-6, Stipulation 6 | 3101 E. Camelback Road Hello Danielle, As you have heard from my neighbors, we are extremely supportive of Hillstone, look forward to their success and another great restaurant in our neighborhood. I am writing in opposition to only one of the elements of their proposal. I do not support expanding access to 31st St to general restaurant patrons and staff- I oppose Option B below. I have lived just around the corner from the restaurant site for over 25 years and am very familiar with the traffic patterns. Signage directing traffic to turn right will not adequately restrict drivers from turning left into our neighborhood because of the saturation of traffic on Camelback. This will increase traffic through our neighborhood and take away from the freedom our children have to play in their yards and safe walks many of us frequently enjoy taking our pets on. I do support Option B below- 31st St access restricted to emergency access only. We understand that compromises are often required and I believe this is something that will not be frequently accessed and is necessary for operational safety of the new establishment. Thank you for your consideration. John Fagnani Margie Fagnani 4815 N 30th Place Phoenix AZ 85016 2 1 Danielle M Jordan From: JASON RICHARDS <jrichards44@msn.com> Sent: Friday, March 27, 2020 1:18 PM To: Danielle M Jordan Cc: Julianna Pierre Subject: PHO-1-19-Z-4-10 and PHO-2-19-Z-41-94-6 | No to Modify Z-41-94-6, Stipulation 6 | 3101 E. Camelback Road Dear Danielle and City of Phoenix Planning & Development Department, As residents of the Subdivision of Sharondale which is within the neighborhood that backs up to the discussed property at 3101 E. Camelback Road (Hillstone formely Donovan's Steakhouse), we ask that you move to vote "No" to modify Z-41-94-6, Stipulation 6. Our neighborhood has been under attack from all directions over the past 20 years. This move would allow kids and families like ours that reside within this peaceful neighborhood to move freely without the threat of speeding cars and delivery trucks. There is no reason that the occupant needs access to 31st Street. The neighborhood was already encroached upon when Donovan's tore down a neighborhood house. Please act in working to preserve this beautiful neighborhood. We will be proud to frequent the establishment of Hillstone as we did Donovan's but there is no reason they need access to 31st Street. Please once again vote No to modify Z-41-94-6, Stipulation 6. Thank you for your consideration and time in this matter. Regards, Jason and Eve Richards 3126 E. Highland Phoenix, AZ 1 Racelle Escolar From: Colleen Geretti <printink@msn.com> Sent: Friday, May 1, 2020 12:58 PM To: PDD Planning Commission Cc: Racelle Escolar Subject: 5/7/2020 - Planning Commission Hearing | Re: Application #: PHO-2-19--Z-41-94-6 | Stipulation 6 Dear Planning Commission, I wish to speak at the virtual PC Hearing scheduled for 5/7/2020 at 6:00 p.m. I understand staff will provide further instructions on the process for public comment during the virtual meeting. I have indicated in red below the specific item number and stipulation I would like to speak about. 8. Application #: PHO-2-19--Z-41-94-6 (Companion case PHO-1-19-- Z-4-10-6) Existing Zoning: C-2 Acreage: 1.92 Location: Southeast corner of 31st Street and Camelback Road Proposal: • 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 Applicant: Rakesh Patel, Hillstone Restaurant Group Owner: Hillstone Restaurant Group, Inc. Representative: Heidi Short, Lewis Roca Rothgerber Christie 9. 9. Application #: PHO-1-19--Z-4-10-6 (Companion case PHO-2-19--Z41-94-6) Existing Zoning: P-1 Acreage: 0.36 Location: Approximately 300 feet east and 160 feet south of the southeast corner of 31st Street and Camelback Road Proposal: • Modification of Stipulation No. 1 regarding general conformance with the site plan date stamped March 11, 2010 and the landscape plan date stamped April 8, 2010 • Deletion of Stipulation No. 2.e regarding landscape palette • Deletion of Stipulation No. 4 regarding a minimum 10-foot landscape setback along the west property line • Technical corrections to Stipulation Nos. 2, 3, 5, 6, and 7 Applicant: Rakesh Patel, Hillstone Restaurant Group Owner: Hillstone Restaurant Group, Inc. Representative: Heidi Short, Lewis Roca Rothgerber Christie Thank you for your assistance regarding this matter. Sincerely, Colleen Geretti President, Brentwood Estates Homeowners Association 4822 N. 31st Place T. 602.505.9777 E. PrintInk@msn.com