Attachment C - PHO Summary - PHO-1-24--Z-10-96-6.pdf

Attachment C 
REPORT OF PLANNING HEARING OFFICER ACTION  
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
 
February 21, 2024 
 
ITEM NO: 1 
 
 
DISTRICT NO. 6 
SUBJECT: 
 
 
 
Application #: 
PHO-1-24--Z-10-96-6 
Location: 
Southwest Corner of 50th Street and Thistle Landing Drive 
Zoning:  
CP/GCP 
Acreage:  
1.6 
Request: 
1) Request to delete Stipulation 1 regarding general 
conformance with the site plan date stamped October 
1995. 
2) Request to delete Stipulation 2 regarding building 
elevations. 
3) Request to delete Stipulation 3 regarding loading docks. 
Applicant: 
Thistle Income Partners LLC 
Owner: 
 
Thistle Income Partners, LLC c/o Menlo Equities 
Representative: Thistle Income Partners LLC 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with an additional stipulation. 
 
Village Planning Committee (VPC) Recommendation: The Ahwatukee Foothills 
Village Planning Committee heard this request on January 22, 2024 and 
recommended approval by a vote of 8-0. 
 
DISCUSSION: 
 
Nick Wood, representative of Snell & Wilmer LLC, provided an overview of the 
request language, and the subject site. He noted the subject site only includes 
the proposed area of the publicly accessible open space and indicated that the 
original stipulations were not applicable to the proposed “parklet” area. He stated 
that the proposed conceptual site plan will consist of 6 buildings, including a 
substation at the southeast portion and the publicly accessible open space at the 
northeast portion of the site. He further explained that during their public 
outreach, many residents were concerned about the height of the buildings, 
proximity to residential areas and traffic. The Applicant included a stipulation that 
provides a minimum 126-foot building perimeter setback to account for and offset 
the 56-foot height. He stated a 90-foot landscape setback would be created to

Planning Hearing Officer Summary of February 21, 2024 
Application PHO-1-24—Z-10-96-6 
Page 2 
 
enhance the separation between the surrounding streets and the development. 
He stated their team will work with surrounding residents to determine the 
specific elements that will be included in the park. 
 
Nikki Micale, 14817 South 46th Place, stated her concern with the building height 
and the distance between her home and some of the buildings. She owns two 
neighboring properties, one which her children live in. She stated she did not feel 
the conceptual design matched the residential theme. She stated the current site 
has always been open with minimal landscape, which ensured no homeless and 
wild animals were in the neighborhood. She stated the landscape plan lacked 
maturity and that a park to the north already exists. 
 
Mr. Wood stated the buildings will be no closer than 270 feet from the nearest 
backyard. He stated the buildings can barely be seen on the conceptual 
renderings and landscape plan. He stated they had an informational 
presentation, where only 3 members of the public were in attendance. He stated 
the VPC were in support of this application. He stated they knocked on over 
1,000 doors and was unsure why Ms. Micale or her children did not answer their 
door because they did not speak to them. He stated that although Ms. Micale 
may not be interested in the park, it was a great interest to some of the residents 
they spoke with. He stated that they are not taking the 56-foot height allowed for 
CP/GCP for granted, which is why they established the 126-foot setback to the 
property line. 
 
Mr. Easton asked the Applicant what their permitted maximum height would be in 
the zoning district.  The Applicant responded that based on their setback, they 
would be allowed a maximum height of 80 feet. The Planning Hearing Officer 
then asked Mr. Wood if there was a comparison done between the current site 
max occupancy average daily trip generation and the proposed site for the 
average daily trip generation.  Mr. Wood explained that he would need a little 
time to produce that data, but there was a traffic study completed. 
 
Mr. Easton stated that they would come back to traffic concerns during the 
companion case discussion. 
 
Mr. Easton recommended approval with an additional stipulation. 
 
FINDINGS: 
 
1) The request to delete the three stipulations is recommended for approval. 
The stipulations are no longer applicable nor necessary due to the 
recommended approval of the companion case (PHO-2-24--Z-127-96-6). 
The development of the site must be in conformance with the Project site 
plan, which shows the northeast corner of the site as open space.

Planning Hearing Officer Summary of February 21, 2024 
Application PHO-1-24—Z-10-96-6 
Page 3 
 
2) The applicant did not submit a Proposition 207 waiver of claims prior to 
the Planning Hearing Officer hearing. Submittal of this form is an 
application requirement.  An additional stipulation is recommended to 
require the applicant to record this form and deliver it to the City to be 
included in the rezoning application file for record. 
 
STIPULATIONS: 
 
1. 
That development be in general conformance with the site plan dated 
October 1995, as may be modified by the following stipulations and review 
by the Development Services Department. 
 
 
2. 
That building elevations shall be consistent and continuous in design and 
materials around the building. 
 
 
3. 
That all loading docks shall be screened from view and shall not be 
located such that they face the east side of the property. 
 
 
1. 
PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER 
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A 
FORM APPROVED BY THE CITY ATTORNEY'S OFFICE.  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. 
 
 
 
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