Attachment C - PHO Summary - PHO-2-19_Z-15-00-8.pdf

City of Phoenix — Formal (2020-04-15)

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Planning Hearing Officer Summary of March 18, 2020 
Application Z-15-00-8 
Page 1 
REPORT OF PLANNING HEARING OFFICER ACTION 
Adam Stranieri, Planner III, Hearing Officer 
Julianna Pierre, Planner I, Assisting 
March 18, 2020 
ITEM 3 
DISTRICT 8 
SUBJECT: 
Application #: 
Z-15-00-8 (PHO-2-19)  
Zoning: 
C-2 BAOD  
Location: 
Approximately 360 feet east of the southeast corner of 24th Street 
and Baseline Road 
Acreage: 
0.73 
Request: 
1) Modification of Stipulation 4 regarding general conformance with
the elevations date stamped October 19, 2005 
2) Deletion of Stipulation 5.B regarding shade arcades.
3) Deletion of Stipulation 5.C regarding pitched roofs.
4) Deletion of Stipulation 5.H regarding trees on the west sides of
buildings.
5) Technical corrections to Stipulations 3, 7, 9, 14, 23, 26, and 28.
Applicant: 
LuAron Foster, Raising Canes Restaurant 
Owner: 
Marketplace at South Mountain, LLC 
Representative: 
Hemant Modi, PM Design Group, Inc. 
ACTIONS 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended denial as filed and approval with a modification and an additional 
stipulation. 
Village Planning Committee (VPC) Recommendation:  The South Mountain Village 
Planning Committee heard this case on March 10, 2020 and recommended approval 
with a modification by an 11-0 vote. 
DISCUSSION 
Hemant Modi, representative with PM Design Group, Inc., provided the history, mission, 
and goals for Raising Canes restaurants.  He stated that Raising Canes has brand 
identity, which is displayed through the design and materials of their buildings.  He 
stated that the colors and materials of the proposed elevations matched those existing 
in the center, but the proposed design is different from the 15-year-old design of the 
stipulated elevations. 
Mr. Stranieri stated that the proposed elevations were compatible with the architectural 
style in the larger complex.  He added the elevations integrated a southwestern color 
Attachment C

Planning Hearing Officer Summary of March 18, 2020 
Application Z-15-00-8 
Page 2 
 
 
palette with some rural design elements and materials such as stone and distressed 
metal accents. 
 
Mr. Stranieri stated that shade arcades were implemented on the front of other buildings 
in the complex.  He stated that the applicant’s site is a free-standing restaurant pad and 
the shade arcade would not be appropriate for a single-building at this scale. 
 
Mr. Stranieri stated that Stipulation 5.C, regarding pitched roofs, made a design 
presumption from the Baseline Area Overlay District into a requirement.  Mr. Modi 
asked for clarification regarding the impact of the removal of the stipulation.  Mr. 
Stranieri clarified that the design presumption would still have to be addressed during 
the site plan review process to ensure that the elevations are compatible with the other 
buildings on site and achieve the Ordinance’s rationale of creating visual interest. 
 
Mr. Stranieri stated that the South Mountain Village Planning Committee (VPC) 
recommended that Stipulation 5.H, regarding trees on the west sides of buildings, be 
retained.  He added that the VPC wants the applicant to integrate landscaping on the 
west side of the building, especially where the outdoor dining is located.  Mr. Modi 
stated that at the northwest corner there is outdoor dining under a canopy and the 
southwest corner has outdoor dining shaded with umbrellas.  Mr. Stranieri stated that 
the applicant is providing architectural shade, but the stipulation requires vegetative 
shade.  He added that the applicant would have flexibility to work with staff to determine 
what type of shade tree would be appropriate at the site.  He asked if the applicant 
would be able to provide the trees on the west side of the building.  Mr. Modi stated that 
they would be able to provide the trees and were willing to work with the City’s 
landscape architect to determine what landscaping would be appropriate. 
 
FINDINGS 
 
1) The stipulated elevations depicted commercial pad sites developed with a similar 
architectural style as the larger major tenant spaces including a southwestern 
style color palette, stone columns, and a Spanish style roof.  The proposed 
conceptual elevations include a variety of building materials that differ from, but 
complement, existing buildings in the center such as reclaimed metal panels, 
multiple styles of brick, and metal canopies and overhangs. 
 
2) The Baseline Area Master Plan and Baseline Area Overlay District design 
guideline referenced in Stipulation 5.b regarding shade arcades was intended to 
apply to large-scale commercial shopping centers with exterior pedestrian 
circulation.  Shade arcades were built on the major tenant buildings in the 
shopping complex throughout the larger rezoning area.  However, the subject 
property of this case is a single free-standing pad site for a drive-through 
restaurant and the requirement is not relevant. 
 
3) Stipulation 5.c regarding pitched roofs is consistent with an existing design 
presumption in the Baseline Area Overlay District.  Design presumptions must be 
complied with or overcome through the plan review process.  The proposed 
conceptual elevations depict a flat roof with multiple planes and varying heights

Planning Hearing Officer Summary of March 18, 2020 
Application Z-15-00-8 
Page 3 
 
 
which will provide architectural relief.  The design is consistent with another free-
standing drive-through restaurant pad located within the larger rezoning case 
site. 
 
4) The applicant stated that they were willing to work with staff on options to 
integrate trees along the west side of the building in order to provide shade for 
outdoor dining areas and would support retaining the existing Stipulation 5.h 
regarding this provision, consistent with the recommendation of the South 
Mountain Village Planning Committee. 
 
DECISION: The Planning Hearing Officer recommended denial as filed and approval 
with a modification and an additional stipulation. 
 
STIPULATIONS 
 
1. 
The largest single building shall not exceed 130,000 square feet, not including a 
garden center component (approximately 20,000 square feet). 
 
 
2. 
Any buildings combined into one use not to exceed 130,000 square feet.  
 
 
3. 
That dTHE Development SHALL be in general conformance with the site plan date 
stamped October 19, 2005 as approved or modified by the PLANNING AND 
Development Services Department.  
 
 
4. 
That THE development SHALL be in general conformance with the elevations 
date stamped JANUARY 30, 2020, October 19, 2005 as approved or modified by 
the FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND 
Development Services Department. 
 
 
5. 
That tThe building design shall be consistent with the commercial development 
guidelines for commercial sites 10 acres or larger in the Baseline Area Master 
Plan and the Baseline Overlay District.  
 
 
 
A. 
Deep landscape setbacks between the streets and any buildings 
 
 
 
 
B. 
Shade arcades 
 
 
 
 
C. 
Pitched roofs rather than flat roofs hidden by parapets 
 
 
 
 
B. 
D. 
A variety of building materials 
 
 
 
 
C. 
E. 
Internal pedestrian walkways 
 
 
 
 
D. 
F. 
Pedestrian linkages between main buildings and perimeter streets via 
sidewalks

Planning Hearing Officer Summary of March 18, 2020 
Application Z-15-00-8 
Page 4 
 
 
 
 
 
 
E. 
G. 
Limited parking areas between buildings and perimeter streets  
 
 
 
 
F. 
H. 
Trees on the west-sides of buildings to protect pedestrians from direct solar 
exposure 
 
 
 
 
G. 
I. 
With specific regard to a trail on 24th Street as approved by the Parks and 
Recreation Department 
 
 
6. 
That tThe maximum building height SHALL not exceed 30 feet, and the maximum 
height of parapets and architectural embellishments SHALL not exceed 40 feet. 
 
 
7. 
The developer of this site will make all necessary traffic improvements as may be 
deemed necessary by the Street Transportation Department and PLANNING AND 
Development Services DepartmentS.  
 
 
8. 
That cCovered walkways and/or exterior porches/canopies SHALL be provided 
along the front façade of all buildings and along other sides of buildings where 
pedestrian walkways are provided. 
 
 
9. 
That tThe rear and side facades and roof line treatment of the buildings, including 
texture, coloration and building material, shall be “architecturally finished” to 
minimize visual impact on the adjacent residentially zoned areas, as approved by 
the PLANNING AND Development Services Department. 
 
 
10. That nNo drive-through facility shall locate its drive-through window facing the 
street, (i.e., queuing lanes to be screened from view) or adjacent to a residential 
neighborhood.  
 
 
11. That aAll loading and unloading areas shall be recessed into the building, 
depressed, or screened from adjacent residential properties and streets. 
 
 
12. That tThe landscaping locations and depths shall be provided as depicted in the 
site plan. This setback will be comprised of berms with mature trees (50%, 2 and 
3-inch caliper trunk) and planted as required by the City of Phoenix. When 
planted, the trees should provide a visual barrier from adjacent properties. 
 
 
13. That tThe development will conform with the Baseline Scenic Drive design 
guidelines. 
 
 
14. That tThe street frontage landscaping shall conform to the Baseline Area Master 
Plan and the Baseline AREA Overlay District. 
 
 
15. That tThe developer shall construct all streets adjacent to the development with 
paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other 
incidentals as per plans approved by the City. All improvements shall comply with

Planning Hearing Officer Summary of March 18, 2020 
Application Z-15-00-8 
Page 5 
 
 
all ADA accessibility standards. 
 
 
16. That tThe applicant shall complete and submit the Developer Project Information 
Form for the MAG Transportation Improvement Program to Mr. Alan Hilty, 602-
262-6193, with the Street Transportation Department. This form is a requirement 
of the EPA to meet clean air quality requirements.  
 
 
17. That tThe applicant will apply for a Comprehensive Sign Plan for signs that are low 
profile, monument style design.  
 
 
18. That nNo external loud speakers will be used when conducting any business 
operations or in the delivery areas except for drive-thru uses. 
 
 
19. That aAll exterior lighting, including security and parking lot lighting, SHALL be 
low-level shielded lights directed down and inward toward the development and 
away from adjacent residences. That pParking light poles shall be limited to 25 
feet in height and that poles within 150 feet of any residential zoning district shall 
be no taller than 15 feet. That nNo more than one-foot candle of light SHALL be 
detectable at the property line. That lLights along abutting residential districts shall 
have side shields. 
 
 
20. That sStorage of merchandise, or any product meant for sale to the public, will not 
be permitted in semi-trailers, mini-storage buildings, or any other temporary 
structure or container that is visible from residential structures or adjacent streets. 
 
 
21. That tThere will be no overnight parking of recreational vehicles, traveling trailers, 
or similar vehicles permitted. 
 
 
22. That uUpon approval by City Council, the South Mountain Village Planning 
Committee will be notified concerning any modification or deletion of stipulations.  
 
 
23. That tThe residential portion of the plan will comply with the Canal Banks DESIGN 
Guidelines, Section 507.7 TAB A of the Zoning Ordinance.  
 
 
24. That tThe development will comply with the South Mountain Village Trails Plan. 
 
 
25. That aA buffer zone/landscaped area of no less than 25 feet wide shall be planted 
along the east property line adjacent to the subject building. 
 
 
26. That tThe developers of both the commercial and the residential portion of this 
property shall participate with any improvements with the PHOENIX OFFICE OF 
Arts and Culture Department on the Highline Canal landscape project.  
 
 
27. That tThe development of the remainder of the parcel shall be no more dense than 
the R1-8 PRD standards.

Planning Hearing Officer Summary of March 18, 2020 
Application Z-15-00-8 
Page 6 
 
 
28. That tThe following speaker cards submitted shall be notified of all PLANNING 
AND Development DEPARTMENT Services Design Review meetings: 
 
 
 
 
A. Mr. Paul Hornby, 3136 East Old Southern Road 
 
 
 
 
B. Ms. Suzanne Johnson, 3131 East Old Southern Road 
 
 
 
 
C. Ms. Tanis June Earle, 3602 East Vineyard Road 
 
 
 
29. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER SHALL 
EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM.  THE WAIVER 
SHALL BE RECORDED WITH THE MARICOPA COUNTY RECORDER'S 
OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED IN THE REZONING 
APPLICATION FILE FOR RECORD. 
 
 
 
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.  Please contact the 
Planning and Development Department, Tamra Ingersoll at voice number 602-534-6648 
or TTY use 7-1-1.