Attachment C - PC Summary - PHO-1-19--Z-4-10-6.pdf

REPORT OF PLANNING COMMISSION ACTION 
May 7, 2020 
ITEM NO: 9 
DISTRICT NO.: 6
SUBJECT: 
Application #: 
PHO-1-19--Z-4-10-6
Location: 
Approximately 300 feet east and 160 feet south of the southeast 
corner of 31st Street and Camelback Road
Request: 

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
Acreage:  
0.36 
Applicant: 
Rakesh Patel, Hillstone Restaurant Group
Owner: 
Hillstone Restaurant Group, Inc.
Representative: Heidi Short, Lewis Roca Rothgerber Christie
ACTIONS: 
Staff Recommendation: Denial as filed, and approval with modifications 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 denial as filed and approval with modifications. 
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-1-19--Z-4-10-6, 
as recommended by the Planning Hearing Officer. 
Maker: Shank 
Second: Gaynor 
Vote: 8-0 
Absent: Montalvo 
Opposition Present: Yes 
Attachment C

Findings: 
 
1. 
The stipulated site plan depicted 24 parking spaces intended to provide 
additional parking for the Donovan’s restaurant that existed on the adjacent 
commercial property to the north at the time of the original rezoning (see 
Finding #5). The proposed site plan depicts 22 parking spaces intended to 
service the proposed new restaurant on the same adjacent commercial property 
to the north. The proposed modification reduces the potential impact of parking 
activity on nearby residential properties.
 
 
2. 
The proposed site plan depicts a pedestrian pathway on the adjacent 
commercial property to the north running east-west from the west property line 
to the main building entrance on the proposed restaurant. A pedestrian pathway 
is recommended that connects the 22 parking spaces on the subject property of 
this request to that pathway to ensure safe pedestrian access from the parking 
area to the restaurant. This pathway is also stipulated in related case PHO-2-
19—Z-41-94-6 (see Finding #5). A portion of this pathway may be partially 
located within the subject property of this case and therefore the stipulation is 
also recommended to be included.
 
 
3. 
Stipulation 2.e. requires the landscaping palette to be similar to the landscaping 
on the adjacent commercial property to the east. Both the character and size of 
this landscaping area is significantly different than that of the subject parcel. 
The applicant has proposed new language requiring general conformance to a 
landscape plan that is consistent with the landscaping on the adjacent 
commercial property to the north that is proposed to include the restaurant that 
this parcel will provide parking for. It is desirable to have consistency between 
these parcels. Additionally, the proposed plant palette consists of dense foliage 
trees such as acacia and ficus that will contribute to screening appropriate for a 
parking lot adjacent to residential uses.
 
 
4. 
At the hearing, the applicant stated that they would like to withdraw their request 
to modify Stipulation 4 regarding a minimum 10-foot landscape setback along 
the west property line. The enhanced setback and tree caliper sizes required by 
this stipulation are appropriate for a property line that is shared with an existing 
single-family home. The stipulation is recommended to remain with minor 
revisions to update it to current standard language format.
 
 
5. 
Adjacent to the north is C-2 zoned commercial property which was rezoned in 
case no. Z-41-94-6. This property was originally rezoned to allow a restaurant 
which was developed and has since closed. The subject property is currently 
proposed to redevelop with a newer, smaller restaurant. Modifications to the 
stipulations in this case are proposed in case no. PHO-2-19—Z-41-94-6 which 
was also heard on this agenda.
 
Stipulations: 
 
1. 
That tThe development shall be in general conformance with the site plan date 
stamped FEBRUARY 11, 2020 March 11, 2010, and the landscape plan date 
stamped FEBRUARY 11, 2020 April 8, 2010, with specific regard to the south 
and west landscape setbacks, as approved or modified by the FOLLOWING

STIPULATIONS AND APPROVED BY THE PLANNING AND Development 
Services Department. 
 
 
 
A. 
THE DEVELOPER SHALL PROVIDE AN ENHANCED PEDESTRIAN 
CONNECTION FROM THE PARKING LOT TO THE PRIMARY 
PEDESTRIAN PATHWAY LEADING TO THE BUILDING ENTRANCE 
ON THE ADJACENT COMMERCIALLY ZONED PROPERTY TO THE 
NORTH. 
 
 
2. 
That tThe development shall provide a minimum 25-foot landscape setback 
along Mariposa Street, as approved or modified by the PLANNING AND 
Development Services Department and as follows: 
 
 
 
a. 
Trees shall be placed 20 feet on center or in equivalent groupings, 
 
 
 
 
b. 
Minimum 3-inch caliper (75 percent of required trees),  
 
 
 
 
c. 
Minimum 4-inch caliper (25 percent of required trees),  
 
 
 
 
d. 
Minimum five 5-gallon shrubs per tree.
 
 
 
 
e. 
Landscaping shall be of a similar palette to that of the adjacent 
commercial property to the southeast.
 
 
3. 
That tThe perimeter wall shall be finished face and painted, as approved by the 
PLANNING AND Development Services Department.
 
 
4. 
That tThe development shall provide a minimum landscape setback of 10 feet 
along the west property line of the parking area, planted with minimum 3-inch 
caliper trees, SPACED 20 feet on center OR IN EQUIVALENT GROUPINGS, 
as approved by the PLANNING AND Development Services Department. 
 
 
5. 
That nNo pedestrian access shall be provided to Mariposa Street, as approved 
by the PLANNING AND Development Services Department.
 
 
6. 
That tThe existing 6-foot wall setback 25 feet from the southern property line 
shall remain, as approved by the PLANNING AND Development Services 
Department.  
 
 
7. 
That aA 1-foot vehicular non-access easement (VNAE) shall be recorded along 
the west, south and eastern property lines prior to final site plan approval, as 
approved by the PLANNING AND Development Services Department.  
 
This publication can be made available in alternate format upon request. Please contact 
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.