Attachment B - PHO Summary - PHO-2-24--Z-26-15-4.pdf

Attachment B 
REPORT OF PLANNING HEARING OFFICER ACTION  
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
 
February 21, 2024 
 
ITEM NO: 2 
 
 
DISTRICT NO. 4 
SUBJECT: 
 
 
 
Application #: 
PHO-2-24--Z-26-15-4 
Location: 
Northwest corner of Central Avenue and Pierson Street 
Zoning:  
PUD 
Acreage:  
2.95 
Request: 
1) Request to modify Stipulation 8 regarding development 
commencement. 
Applicant: 
Ed Bull, Burch & Cracchiolo P.A. 
Owner: 
 
Perry Schroeder, Omninet Capital, LLC 
Representative: Ed Bull, Burch & Cracchiolo P.A. 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval. 
 
Village Planning Committee (VPC) Recommendation: The Alhambra Village 
Planning Committee opted not to hear the case. 
 
 
DISCUSSION: 
 
Ed Bull, representative with Burch & Cracchiolo P.A., gave an overview of the 
request. He stated they are not asking to reduce the ground floor non-residential 
space. He stated they are asking to change the commencement time frame from 
eight to ten years so that ample time is provided to be granted necessary permit 
approvals 
 
Mr. Easton recommended approval. 
 
STIPULATIONS: 
 
1. 
An updated Development Narrative for the Omninet - West PUD reflecting 
the changes approved through this request shall be submitted to the 
Planning and Development Department within 30 days of City Council 
approval of this request. The updated Development Narrative shall be 
consistent with the Development Narrative date stamped October 14,

Planning Hearing Officer Summary of February 21, 2024 
Application PHO-2-24--Z-26-15-4 
Page 2 
 
 
2015 
 
 
2. 
The property owner shall provide a deposit in the amount of $50,000 into a 
Street Transportation Department escrow account at the City of Phoenix to 
be utilized for traffic calming measures in the Pierson Place Historic 
District. These funds may be contributed toward the purchase and 
installation of such devices as roundabouts, speed humps/cushions, or 
raised crosswalks (speed tables), limited turning, traffic diverters, gates or 
other such traffic calming or management tools for the area bounded by 
Central Avenue, Camelback Road, 7th Avenue, and the Grand Canal. 
Distribution of funds shall be at the mutual agreement of the five member 
neighborhood traffic team, the residents on affected streets, and the City 
of Phoenix Streets Transportation Department Safety and Neighborhood 
Traffic section. Owner may apply for reimbursement of escrow funds from 
the Street Transportation Department if no special petition has been 
submitted within 5 years from the issuance of a certificate of occupancy. 
 
 
3. 
Developer shall install a monument proximate to the northwest corner of 
the site identifying the Pierson Place Historic District and facing toward the 
Light Rail station, as approved by the Planning and Development 
Department. The monument shall be similar to the existing Pierson Place 
Historic District Monument located proximate to the southwest corner of 
3rd Avenue and Camelback Road, or as otherwise agreed upon by the 
developer and the Board of Directors of the Pierson Place Historic District. 
 
 
4. 
The developer shall construct a directional retail driveway to direct retail 
traffic away from the neighborhood as approved by the Planning and 
Development Department. 
 
 
5. 
If determined necessary by the Phoenix Archaeology Office, the applicant 
shall conduct Phase I data testing and submit an archaeological survey 
report of the development area for review and approval by the City 
Archaeologist prior to clearing and grubbing, landscape salvage, and/or 
grading approval. 
 
 
6. 
If Phase I data testing is required, and if, upon review of the results from 
the Phase I data testing, the City Archaeologist, in consultation with a 
qualified archaeologist, determines such data recovery excavations are 
necessary, the applicant shall conduct phase ii archaeological data 
recovery excavations. 
 
 
7. 
In the event archaeological materials are encountered during construction, 
the developer shall immediately cease all ground-disturbing activities

Planning Hearing Officer Summary of February 21, 2024 
Application PHO-2-24--Z-26-15-4 
Page 3 
 
 
within a 33-foot radius of the discovery, notify the City Archaeologist, and 
allow time for the Archaeology Office to properly assess the materials. 
 
 
8. 
The approval shall be conditioned upon development commencing within 
TEN (10) eight (8) years of the City Council approval of this change of 
zoning in accordance with Section 506.B.1 of the Phoenix Zoning 
Ordinance. (For purposes of this stipulation, development shall 
commence with the issuance of building permits and erection of building 
walls on site). 
 
 
9. 
Prior to occupancy, the developer must provide a qualified engineer's 
report certifying the average annual interior noise exposure for any 
residential unit or enclosed public assembly area will not exceed 45 
decibels. 
 
 
10. 
The ground floor area of the development shall include a minimum 14,300 
square feet of non-residential uses. Non­residential uses shall not include 
lobby, exercise, reception areas, or other similar uses intended for 
exclusive use by residents. All non-residential uses shall front perimeter 
rights-of-way. 
 
 
 
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