Attachment B - PHO Summary - PHO-1-24--Z-44-86-1(3).pdf

REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
April 17, 2024 
ITEM NO: 2 
DISTRICT NO. 3 
SUBJECT: 
Application #: 
PHO-1-24--Z-44-86-1(3) 
Location: 
Approximately 300 feet west of the northwest corner of 15th 
Avenue and Peoria Avenue 
Zoning: 
R-3A
Acreage: 
1.52 
Request: 
1) Request to delete Stipulation 1 regarding turnaround for
15th Lane.
2) Request to delete Stipulation 4 regarding the termination
of 15th Lane.
Applicant: 
Han Choi, Kontexture, LLC 
Owner: 
Benjamin/Corina Covaciu 
Representative: Han Choi, Kontexture, LLC 
ACTIONS: 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended denial as filed, approval with a modification. 
Village Planning Committee (VPC) Recommendation: The North Mountain 
Village Planning Committee chose not to review the case. 
DISCUSSION: 
Han Choi, representative of Kontexture, LLC, gave an overview of the 
modification requests. He stated the owners are proposing a 10-unit, multifamily 
residential development and retaining Stipulations 1 and 4 would make the site 
unfit to accommodate 10 units and is well below the allowed maximum density. 
He stated the cul-de-sac would negatively affect the ability to provide the 
intended amenities, common space and landscaping. He stated the proposed 
development does not intend on utilizing or providing access from 15th Lane. He 
stated the two properties at the end of 15th Lane have sufficient turnaround 
space from their driveways and seem to have been utilizing the street for several 
years. He stated although the turnaround lane would be nice, he finds it 
unnecessary and will limit the proposed development. 
Attachment B

Planning Hearing Officer Summary of April 17, 2024 
Application PHO-1-24—Z-44-86-1(3) 
Page 2 
Byron Easton, Planning Hearing Officer, recommended denial as filed for Item 1. 
He stated the Streets Department opposed the applicant’s request, but 
suggested a revision to the wording of the request to align with current 
standards. He stated the Streets Department proposed merging Stipulations 1 
and 4 into one stipulation. He stated the reason for denial comes from Section 
32-27.A.3.b of the Phoenix City Code, which prohibits the creation of a dead-end
streets, except for locations designated by the department as necessary for
future extension and development of adjacent land. He stated the Stipulation
aligns with the present minimum standards and should be upheld. He
recommended approval of Item 2, but the combination of the stipulation language
with Stipulation 1. He recommended denial as filed, approval with a modification.
Daniel Istrate, representative of Kontexture, LLC, stated the remaining 50 feet of 
the street has not been improved and the city has never provided full access to 
the property line. He stated the existing homes has been there for 40 years 
without a turning radius and if the owner decided not to develop, the entire street 
would have a dead-end street without a turnaround. He stated he is confused by 
the denial because the street has remained that way for approximately 40 years 
with no intention for improvements. He stated it seems that the city is putting the 
entire burden on the developer when the existing property owners can use the 
road freely without having to worry about improvements. 
Mr. Easton stated the applicant can file an appeal for the recommendation and 
talk to the Streets Department directly, but he can not go against a direct 
comment from one of the City Departments. 
FINDINGS: 
1) The request to delete Stipulation 1 regarding turnaround for 15th Lane is
denied as filed.  The Street Transportation Department opposes the
applicant's request to eliminate the requirement outlined in the stipulation.
However, it suggests that the Planning Hearing Officer revise the wording
to align with present standards. The Street Transportation Department
proposes merging the conditions stated in Stipulation #1 and Stipulation
#4 into a single updated stipulation.
Section 32-27.A.3.b., Street Design, of the Phoenix City Code prohibits
the creation of dead end streets;
“Dead-end streets will not be approved except in locations 
designated by the Department as necessary for future extension in 
development of adjacent lands. In any case, a dead-end street 
serving more than four lots shall provide by easement a temporary 
turning circle with a 50-foot radius or other acceptable design to 
accomplish adequate access with an improved surface.”

Planning Hearing Officer Summary of April 17, 2024 
Application PHO-1-24—Z-44-86-1(3) 
Page 3 
The applicant's desire to remove the requirement for a suitable turn-
around on 15th Lane contradicts the existing code's prohibition on dead-
end roads. Although the development code may not have mandated a 
turn-around previously, both City Staff and the Planning Commission 
acknowledged the necessity of formalizing this requirement in the site's 
ordinance at that time. The stipulation aligns with present minimum 
standards and should be upheld. 
2) The request to delete Stipulation 4 regarding the termination of 15th Lane
is approved. The language however has been retained as part of new,
revised Stipulation #1.
STIPULATIONS: 
1. 
That the property be developed so as to provide a satisfactory turnaround 
for 15th Lane and be subject to Development Coordination approval 
pursuant to Section 511 of the Zoning Ordinance RIGHT-OF-WAY SHALL 
BE DEDICATED AND CONSTRUCTED FOR THE TERMINATION OF 
15TH LANE, AS APPROVED BY THE STREET TRANSPORTATION 
DEPARTMENT. 
2. 
That perimeter landscaping shall require 24-inch box size shade trees 
placed in groupings approved by the Development Coordination Office. A 
minimum four-foot block or masonry wall shall be required on the north, 
east, and west property lines 
3. 
That all landscape materials shall be of a drought-resistant nature. 
4. 
That a termination for 15th Lane acceptable to the Department of Streets 
and Traffic be provided. 
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at teleia.galaviz@phoenix.gov or (602) 291-2559 or TTY: 7-1-1.