Attachment C - PHO Summary - PHO-1-23--Z-SP-2-19-7.pdf
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ITEM NO: 5
DISTRICT 7
SUBJECT:
Application #:
PHO-1-23--Z-SP-2-19-7
Location:
Southeast corner of 13th Avenue and Madison Street
Zoning:
A-1 SP CMOD
Acreage:
14.53
Request:
1) Modification of Stipulation 2 regarding a three-year review
of the total beds in Area A.
2) Modification of Stipulation 3 regarding temporary beds
within Areas A and B for three years from approval.
3) Modification of Stipulation 3.a regarding temporary beds
within Area A after three years from approval.
4) Review of the Special Permit by the Planning Hearing
Officer per the requirements of Stipulation 17.
Applicant:
Andy Jochums, Beus Gilbert McGroder PLLC
Owner:
Human Services Campus Inc., et al.
Representative: Paul Gilbert, Beus Gilbert McGroder PLLC
ACTIONS:
Planning Hearing Officer Recommendation: The Planning Hearing Officer took
the case under advisement. On February 5, 2024, the Planning Hearing Officer
took the case out from under advisement and recommended approval with
modifications.
Village Planning Committee (VPC) Recommendation: The Central City Village
Planning Committee heard this request on June 12, 2023 and recommended
approval in part, with no recommendation on Stipulation Nos. 3 and 3.a, by a
vote of 11-3.
DISCUSSION:
Paul Gilbert, representative with Beus Gilbert McGroder PLLC, stated that the
Human Services Campus (HSC) was a setting for different organizations and
agencies to work together to offer many services and that providing shelter beds
was only one of the many services provided. He reviewed Stipulation 17 which
required a two-year review of the Special Permit and noted that the applicant had
three additional requests for modifications of other stipulations, in addition to the
ATTACHMENT C
REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Principal Planner, Hearing Officer
Camryn Thompson, Planner I, Assisting
June 21, 2023
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 2
required review. He provided an overview of the HSC operations since approval
of the Special Permit, discussing requirements regarding regular cleaning of
public rights-of-way, providing trash receptacles and restroom facilities, quarterly
outreach meetings, and working to expand regional resources and services. He
stated that the applicant had been faithful in meeting all stipulated requirements.
He stated that at the June 21, 2023 Central City Village Planning Committee
(VPC) meeting, Ian Francis had claimed that the applicant had not met all of the
stipulations, including Stipulation 6 regarding cleaning public rights-of-way. He
stated that he disagreed and had invoices from a third-party cleaning company
that proves that the stipulation was met.
Mr. Gilbert stated that although some modifications were requested, the
remaining stipulations still required quarterly meetings and annual reports that
kept HSC accountable. He referenced Stipulations 2 and 3 and said that another
review a year from the current hearing was unnecessary given the current review
of the Special Permit and other required reviews. He reviewed Stipulation 3.a
and argued that the existing stipulated reduction of allowed emergency beds
after three years was arbitrary. He explained that the requested modification was
to remove the automatic reduction of beds and keep the remainder of the
stipulation which authorizes the Planning and Development Director to determine
the number of beds permitted.
Scott Hall, Deputy Director for the City of Phoenix’s Office of Homeless
Solutions, stated that he was in support of the proposal, and that any reduction in
shelter beds would be devastating to the effort to reduce unsheltered
homelessness.
Angela Ojile, Chair of the Madison Pioneers Coalition, a nearby neighborhood
organization, stated that the applicant had failed to comply with the stipulations of
the Special Permit. She stated that there had been issues with violence in the
area and that some people who need services were not willing to go into the
area. She stated that there had been issues with excessive trash and that the
sidewalk was unusable as a result. She stated that the company hired by HSC
inadequately cleaned public rights-of-way and that HSC should be held
accountable. She stated that the issues had caused the properties in the
neighborhood to be unmarketable and lose their value. She stated that the
stipulated additional three-year review should remain.
Mike Langley, community member and former Central City Village Planning
Committee member, stated that he worked professionally monitoring and
engaging in local housing security. He stated that housing insecurity was caused
in part by a lack of affordable housing in the city that needed to be addressed. He
stated that shelter beds were also needed to address housing security and that
the number of permitted shelter beds should not be reduced.
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 3
Laurel Langmade, community member, requested that Mr. Gilbert meet with her
in person to tour the area. She referenced the City of Phoenix’s Strategies to
Address Homelessness Plan and stated that no single neighborhood should bear
the full weight of providing shelter services for the region. She stated that there
was good reason to limit the number of shelter beds at the HSC campus because
of the effects that are caused by concentrating beds in one facility. She stated
that on several occasions she and others have asked to see the security master
plan required by Stipulation 13 but have been denied by the HSC director. She
suggested that a stipulation be added that would require the security master plan
to be reviewed. She stated that there has been an increase in incidents of
property damage, higher operating costs for property owners in the area, and
increases in emergency service calls, crime, and fire damage in the area. She
stated that HSC was not adequately helping the area. She stated that the
required restroom facilities were frequently inaccessible due to repairs. She
stated that the trash receptacles are often overflowing, and that the area was not
being cleaned twice per day and seven days per week as stipulated.
Mr. Gilbert stated that the cleaning company was diligently doing their required
daily cleanups but stated that it was difficult for them to keep the area clean due
to the several hundred unsheltered people in the area. He stated that HSC
planned to continue the quarterly meetings and was willing to work with the
community on cleanup efforts. He addressed the concerns regarding the
concentration of services in the area and agreed that shelter services need to be
available in other areas. He stated that it was stipulated that HSC create other
campuses and that they had worked towards meeting those stipulations. He
stated that a Phoenix Police Department staff member was on the HSC board
and that Police Department staff have also been present at the quarterly
meetings to address crime issues. He noted that many crimes occur in the area
outside of the HSC, which the HSC is not obligated to control. He stated that the
applicant is providing more restroom facilities, and for longer times, than what is
required by the stipulations.
Adam Stranieri, Planning Hearing Officer, stated that staff received public
correspondence regarding the case prior to the hearing. He asked if there had
been any need for HSC to contract to sell or reserve bed space as referenced in
Stipulation 2.b. Mr. Gilbert stated that there had not.
Mr. Stranieri asked where the temporary beds permitted by Stipulation 3 were
located. Amy Schwabenlender, the Executive Director of the HSC, stated that all
the beds are placed in Area A and that there were no plans to locate any within
Area B.
Mr. Stranieri asked for further information regarding the stipulated quarterly
meetings. Mr. Gilbert stated that the meetings were held quarterly as required
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 4
and were regularly attended by more than 70 individuals, including members of
the neighborhood and adjacent property owners.
Mr. Stranieri asked how effective the efforts had been to move the queueing for
services from public rights-of-way to onsite. He asked whether this has been
effective in managing potential congregation in public rights-of-way. Ms.
Schwabenlender stated that no queueing for services in Area A have been
needed in public rights-of-way. She noted that for Area B, a gate was opened to
enable people to cross Jackson Street to access Area B for evening meals
directly, rather than having queuing and movement leading around the block. Mr.
Stranieri clarified that Stipulation 25 specifically addressed Area A and
understood her to be saying that there had been no specific, designated area
created because there had been no issue with queueing in the rights-of-way. Ms.
Schwabenlender confirmed his understanding and stated that in fact the HSC
property in general could be considered the designated space for queuing.
Mr. Stranieri asked about HSC’s involvement in efforts to implement regional
solutions. He explained that this was a major focus of the original approval and
that there were multiple stipulations, including Stipulations 14, 16, and 29, that
each make unique references to these concerns. Mr. Gilbert stated that HSC
was involved in the Maricopa Association of Governments (MAG) Regional Plan,
the Arizona State University (ASU) Action Nexus, and has also been working
with the City of Phoenix to open shelters around the city including the
Washington Relief Center, Project Haven, North Mountain Healing Center, and
St. Vincent de Paul.
Mr. Stranieri asked for clarification regarding the MAG Regional Plan efforts that
HSC had been involved in. Ms. Schwabenlender stated that she and other staff
members are involved in the workgroups and committees tied to the Regional
Plan efforts. She stated that the HSC had been one of the few locations providing
a point of entry for various homeless services, but there are now more than 30
others.
Mr. Stranieri asked for clarification regarding the HSC’s involvement related to
the ASU Action Nexus project. Ms. Schwabenlender explained that the HSC
shares grant money with ASU that provides resources such as interns and
participates in developing regional strategies and implementing conversations
involving staff from both entities.
Ms. Ojile stated that there had been violence on the HSC campus and that she
had seen a young man be stabbed to death. She stated that members of the
Madison Pioneers Coalition had been attacked. She stated that she felt like her
and her fellow members’ approval of the case had been misrepresented by Mr.
Gilbert. She expressed concern with having a member of the Phoenix Police
Department sit on the HSC board, stating that it could lead to a conflict of
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 5
interest. She expressed concerns with trash and stated that she would like to
meet with both Mr. Gilbert and City staff in the area to show them what her street
looked like on a regular basis.
Ms. Langmade expressed concern that there were never any members of the
Central City Village Planning Committee in attendance at the quarterly meetings
and rarely was there a Phoenix City Council member or a City Council District
Office staff member. She reiterated her interest in meeting with Mr. Gilbert in
person in the area for a tour.
Mr. Gilbert stated that HSC served over 12,000 people a year. He stated that he
was shocked that the presence of a Phoenix Police Department employee on the
HSC board was being criticized as he believed that due to the issues of crime in
the area, a representative of the Police Department on the Board of Directors
would be appropriate. He stated that he had visited HSC many times and would
honor the request to meet with the speakers who had requested him to do so.
Mr. Stranieri stated that due to the extensive information provided by the
applicant in the presentation, which was not provided in the initial submittal,
recently received public correspondence that he had not had an opportunity to
review in detail, and the unique information shared in the public comments, he
would take the case under advisement. He explained the process for taking a
case under and out from under advisement and stated that all individuals that
were registered and who had participated in the hearing would receive notice of
the decision concurrently with the applicant.
FINDINGS:
1) In their application materials and presentation, the applicant addressed all
requested issues of stipulation compliance. These include, but are not
limited to, not selling or reserving bed space (Stipulation 2.b), providing
and maintaining required trash/recycling receptacles and toilet facilities
(Stipulations 4 and 5), identifying and implementing strategies to address
regional homelessness with multiple partner organizations (Stipulation 14),
conducting quarterly public meetings and other public outreach with
multiple stakeholders (Stipulation 15), and producing an annual report on
operations (Stipulation 16).
In supplemental materials requested by staff, the applicant discussed
compliance with Stipulation 6, regarding maintenance of public rights-of-
way within a designated area. They stated that HSC operates a voluntary
cleaning program that supplements the professional street cleaning and
involves employees, outreach staff, and clients.
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 6
2) The request to modify Stipulation 2 to delete the 3-year review
requirement is recommended to be approved. This recommendation
includes retaining the requirement for a 2-year review (see Finding #5
regarding Stipulation 17). That review is inclusive of all stipulations and
issues throughout the subject property and there is no need for a separate
review to solely address bed count independent of the more
comprehensive review addressed in Stipulation 17.
3) The request to modify Stipulation 3 regarding temporary beds is
recommended to be approved with a modification. The modification is to
delete the entirety of the first clause of the first sentence regarding the
timing of the PDD Director’s authority to approve temporary beds. These
temporary beds were approved by the PDD Director after approval of the
Special Permit. There is no need to retain the time delay at this point and
it is not advisable to modify this stipulation to be tied to the City Council
approval of this case as it may create confusion as to whether existing
temporary beds may remain. An additional modification includes deleting
language regarding the location of temporary beds within “Areas A and B”
as not all planned uses in the original case developed as expected. The
PDD Director would retain authority to approve temporary beds in
appropriate locations throughout the site.
4) The request to modify Stipulation 3.a is recommended to be approved.
Note that the applicant requested to delete this language in its entirety.
This is consistent with the recommendation to remove the 3-year review
requirement (see Finding #3 regarding Stipulation 3) regarding temporary
shelter beds and retain the 2-year review requirement regarding the
Special Permit as a whole. Further, note that deleting this automatic
reduction of the number of temporary beds will allow HSC to provide an
adequate number of beds based on need with the PDD Director’s
approval during periods of extreme weather conditions. The deletion has
no effect on the PDD Director’s authority to approve temporary beds as
outlined in Stipulation 3. This recommendation supports the provision of
this service to those in need and strengthens the existing stipulation
language by removing uncertainty.
5) The review of the Special Permit per Stipulation 17 has been completed
by virtue of this application. However, the applicant requested that
Stipulation 17 be deleted in its entirety after completion of this review.
This request is instead approved with a modification to retain the
stipulation with modified language that specifies that an additional 2-year
review should occur after City Council approval of this Planning Hearing
Officer action.
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 7
Retaining Stipulation 17 will allow continued monitoring of the site and a
future opportunity to discuss in a public setting the progress that the
Human Services Campus has made in serving the community and
complying with the stipulations established by the City Council in
approving the Special Permit.
STIPULATIONS:
Special Permit Areas:
Area A = The area known as the Human Services Campus.
Area B = The area north of Jackson Street and east of 11th Avenue, depicted
as Andre House Hospitality and Andre House Shelter on the site plan date
stamped November 4, 2019.
1.
The development shall be in general conformance to the site plan date
stamped November 4, 2019, as modified by the following stipulations and
approved by the Planning and Development Department.
2.
Permanent Shelter Beds
Area A is permitted to have a total of 700 beds with a three-year review.
a. No low barrier shelter services (defined as servicing those individuals
with prior sex offense convictions, those actively utilizing drugs and/or
those with weapons in their possession) shall be provided in Area A
and Area B. In addition, no services shall be provided in Area A that
are not part of the standard Central Arizona Shelter Services
("CASS") operates at today as outlined below, with the exception of
people with pets and service animals under the discretion of the
Human Services Campus or service provider/s located in Area A.
•
The CASS shelter that operates within the subject site serves
adults ages 18 and older, operates 24/7, 365 days a year, and
delivers services in a trauma informed care model.
•
All of the following are part of the current model of services:
-
24/7 temporary emergency shelter.
-
24/7 security.
-
Case management services for both those staying at the
shelter and those referred to CASS for housing assistance
from CASS housing programs.
-
Clients with mental health and behavioral health issues are
offered intensive case management, and the case managers
also coordinate with other providers to help meet the client’s
mental health needs.
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 8
-
Indoor programming for up to 250 people who are not required
to leave the shelter during the daytime. Note: all clients can
utilize the case management services during the daytime, even
if they are not allowed to stay indoors all day.
-
Housing support and resources, including rapid rehousing and
short-term financial assistance.
-
Follows the Housing First model.
-
Supports clients to have all their needs met, with an integrated
model of collaboration and care with partners both on and off
the Human Services Campus.
-
Participates in coordinated entry and all client information is
entered into the HMIS system.
•
CASS has minimum barriers to enter the adult shelter:
-
Clients do not need to be clean or sober, but they may not
bring drugs or alcohol into the shelter.
-
Clients do not have to have an income.
-
Clients do not have to accept services; however, service
engagement is core to the model and clients are encouraged
to enroll in case management.
-
Clients do not have to have identification, other than a campus
identification.
-
No weapons are allowed in the shelter and clients go through a
metal detector.
-
Currently sex offenders are not allowed.
b. The shelter operator shall not enter into contract to sell or reserve bed
space unless:
(1)
The Planning and Development Department Director
determines, in his or her sole discretion, that the agreement will
significantly reduce the homeless population within a 10-mile
radius of the site.
(2)
The Police Chief determines, in his or her sole discretion, that
the agreement will not reduce the accessibility of homeless
shelter space within a 10-mile radius of the site.
(3)
This excludes a maximum of 14 beds utilized for hospital drop
off from hospitals located within a 10-mile radius which are
needed in situations where a former hospital patient is in need of
short-term bed rest and would otherwise be dropped off on the
street with no place to stay.
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 9
3.
Temporary Shelter Beds
For a maximum of three years beginning 30 days from the approval of this
Special Permit, and in addition to the maximum bed space permitted in
Stipulation No. 2, The PDD Director may approve up to 200 additional
temporary beds to be located within permanent or temporary structures
within Areas A or B for use during extreme weather conditions.
For the purposes of this Special Permit, extreme weather conditions is
defined as periods of forecasted excessive heat warnings, freeze
warnings, and chance of precipitation over 50% overnight.
a. At the end of the three-year period, Area A is permitted to have 75
temporary beds to be located within permanent or temporary
structures for use during extreme weather conditions.
4.
Trash/recycling receptacles shall be provided within the property
boundaries of the Special Permit area and accessible to the public 7:00
a.m. to 11:00 p.m. A waste receptacle plan demonstrating sufficient
quantities and locations of receptacles located within Special Permit area
shall be submitted to the Planning and Development Department within 90
days of City Council approval of the Special Permit and shall be
administratively approved by the Planning Hearing Officer. The Planning
Hearing Officer will work directly with the Public Works Department
Director's Office to determine if the plans are sufficient.
5.
A minimum of two permanently constructed toilet facilities connected to
the city's water and sewer systems, accessible to the public from 7:00 a.m.
to 11:00 p.m., shall be provided within the Special Permit area. The toilet
facilities shall be fully accessible (ADA compliant). Directional signs shall
be provided to identify the location(s). The toilet facilities shall comply with
the Phoenix Building Construction Code and shall be approved and
permitted by the Planning and Development Department.
6.
Property owners and operators within the Special Permit area shall
maintain all public rights-of-way including sidewalks, alleys, easements
and streets from any hazards or accumulation of garbage, debris, rubble,
hazardous waste, litter, rubbish, refuse, waste material, or blight within the
following boundaries around the Special Permit area from 7th Avenue to
15th Avenue, between Madison Street to Harrison Street, and the areas
from 11th Avenue to 12th Avenue, between Jefferson Street to Madison
Street. This area will be cleaned a minimum of twice a day, seven days a
week (in the morning after breakfast is served, prior to 10:00 a.m.; and in
the evening after dinner is served, prior to 8:00 p.m.). Cleaned shall be
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 10
defined as removal of any trash, waste, debris or other objects, liquids or
hazards.
a. In addition, the Human Services Campus shall operate a Clean Zone
program that shall clean a minimum of two days per week and will
collaborate with the Neighborhood Services Department, Parks and
Recreation Department, and nearby neighborhood associations to
identify particular locations needing cleaning.
7.
At a minimum, all temporary shelter facilities with vacancies, shall be open
and accepting temporary shelter clients until 11:00 p.m.
8.
The provider of beds in the shelter that is currently operated by Central
Arizona Shelter Services (“CASS”) shall exercise its best efforts to always
maintain up to five percent excess bed capacity until 4:00 p.m. so as to
accommodate emergencies, police needs or special situations in which
available bed capacity needs to be held in reserve for the good of the
public or the individual.
a. The total beds for the purpose of calculating the five percent excess
bed capacity, excludes a maximum of 20 beds utilized for hospital
drop off from hospitals located within a 10-mile radius which are
needed in situations where a former hospital patient is in need of
short-term bed rest and would otherwise be dropped off on the street
without a place to stay.
b. The total beds for the purpose of calculating the five percent excess
bed capacity, excludes other special medical or mental health beds
which are needed in situations where critical health or crisis needs
must be accommodated for the benefit of the individual or the
community at large.
9.
A minimum of 20 beds shall be reserved within Area A until 11:00 p.m.
each night for emergency use by the Police Department. This is in addition
to the best efforts as required in Stipulation No. 8.
10.
An "authority to arrest" agreement shall be completed and maintained for
all property owners and organizations operating within the Special Permit
area. The agreements shall be signed and delivered to the Phoenix Police
Department.
11.
Security, certified by the Department of Public Safety, shall be on the site
daily to ensure the security of the site, and coordinate with the Phoenix
Police Department for criminal activity or crime related issues.
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 11
12.
Security cameras (or other monitoring devices, as approved by the Police
Department) shall be provided, in perpetuity, to continually capture images
of activities along the street frontages. Videos/Images shall be preserved
for a minimum of 90 days. Property owners within the Special Permit area
shall enroll in the City's Virtual Block Watch Program.
13.
A Security Master Plan shall be submitted to the Phoenix Police
Department on an annual basis for review and recommendations, to
ensure a safe environment and coordination with the Police Department.
The plan shall include, at minimum, the following elements:
a. A central point of contact for security matters.
b. Coordination of security personnel with the Police Department.
c. Required number of security personnel.
d. Provisions for security cameras and lighting.
e. Procedures for storing and handling the disposal of controlled
substances and weapons.
f.
Procedures for screening and monitoring of clients.
14.
The Human Service Campus will make a concerted effort to identify,
pursue and implement strategies to address homelessness at a regional
level that will reduce service demands on providers and facilities within
and near the Special Permit boundaries. The Human Services Campus
will include a summary of their efforts in an annual report to the Human
Services Department and the Planning and Development Department.
15.
The Human Services Campus and other shelter providers within the
Special Permit area shall work collaboratively with the City of Phoenix as
well as adjacent property owners and associations on reducing any
negative impacts or concerns stemming from those experiencing
homelessness in the area surrounding the Human Services Campus and
Special Permit area.
a. The City of Phoenix and all neighborhood associations listed with the
Neighborhood Services Department within one mile of the site shall be
provided with a designated contact person for the Special Permit area
to communicate any issues/concerns.
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 12
b. With the help of Council Districts 7 and 8, the Mayor, and city staff, the
Human Services Campus and other shelter providers within the
Special Permit area shall facilitate community outreach meetings to
discuss compliance with the zoning stipulations, future development of
the campus, any issues/concerns from the community, and how those
concerns could be addressed by the shelter providers or the City if
possible.
c.
The community outreach meetings shall be held quarterly for the first
three years following approval and then semiannually thereafter,
unless the Planning and Development Department Director requests
that additional meetings are necessary during any particular calendar
year.
d. The notification for the community meeting shall be sent to all property
owners within a half mile; all neighborhood associations listed with the
Neighborhood Services Department within one mile; any individuals or
organizations who attended previous meetings; and staff designated
by each respective department director from the Human Services
Department, Neighborhood Services Department, Planning and
Development Department, Street Transportation Department, Public
Works Department and Police Department.
e. Topics of discussion shall include, but not be limited to how the shelter
providers and the surrounding community can:
(1) Encourage street maintenance;
(2) Organize rubbish clean-ups;
(3) Discourage street feeding, or donations of other items, in the
area surrounding the Special Permit area;
(4) Coordination of holiday events to be consolidated in appropriate
locations; and
(5) Prevention of crime.
f.
A summary of the community meetings and any notes from the public
shall be submitted to the Planning and Development Department. The
community meeting summaries shall include the following meeting
details:
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 13
(1) Date, time, and location;
(2) Number of participants;
(3) Questions or concerns that arose; and
(4) How the questions or concerns were addressed.
16.
An annual report shall be provided to the Planning and Development
Department, to include the following items:
a. Number of people served by each organization.
b. Number of positive exits for each organization.
c.
If permitted, number of beds contracted to entities other than the City
of Phoenix.
d. Meeting summaries as detailed above.
e. Summary of efforts to identify, pursue and implement regional
solutions to homelessness that will reduce the service demand on
providers and facilities within and near the Special Permit boundaries.
17.
The Special Permit shall be reviewed two years after City Council approval
of THIS PLANNING HEARING OFFICER ACTION (I.E., REZONING CASE
NO. PHO-1-23--Z-SP-2-19-7) the Special Permit. The review is for the
entire Special Permit area and shall be through the Planning Hearing
Officer public hearing process where additional stipulations may be
imposed. This is a legislative review. Specific development standards and
requirements may be determined by the Planning Hearing Officer and the
Planning and Development Department. As part of the two-year review,
additional reviews or stipulations may be added by the Planning Hearing
Officer or City Council.
18.
The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved
by the Planning and Development Department. All improvements shall
comply with all ADA accessibility standards.
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 14
19.
The developer shall record a Notice to Prospective Purchasers of Proximity
to Airport in order to disclose the existence and operational characteristics
of Phoenix Sky Harbor Airport (PHX) to future owners or tenants of the
property.
20.
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.
21.
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.
22.
In the event archaeological materials are encountered during construction,
the developer shall immediately cease all ground-disturbing activities within
a 33-foot radius of the discovery, notify the City Archaeologist, and allow
time for the Archaeology Office to properly assess the materials.
23.
Prior to any future permit issuance, 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.
24.
For use separation purposes, by operating under this Special Permit Area
A agrees to not own, operate or participate in the operation of a low barrier
shelter within 1.5 miles of the subject site.
25.
Designated areas shall be provided within Area A for those waiting for
services that shall accommodate each facility's maximum
capacity/occupancy in such a way that those waiting for services do not
congregate on the public rights-of-way or within the public streets. If
queuing areas spill into the public right-of-way the queuing shall be in an
orderly fashion to minimize the use of the public right-of-way. This
stipulation does not apply to Area B, as they have legal authority to operate
a charitable dining hall without this Special Permit.
26.
The Special Permit may be revoked by the City Council per Section 504.1
C.6. of the Zoning Ordinance upon finding that there has been material
Planning Hearing Officer Summary of June 21, 2023
Application PHO-1-23—Z-SP-2-19-7
Page 15
noncompliance with any condition prescribed in conjunction with the
issuance of the Special Permit or approval of the site plan or that the use
covered by the permit or the manner of conducting the same is a safety
hazard or is in any way detrimental to persons residing or working in the
vicinity, to adjacent property, to the neighborhood, or to the public welfare
in general.
27.
All meals shall be served on the properties within the Special Permit area.
No meal services are permitted off-campus within public rights-of-way.
28.
The service providers within the Special Permit area will discourage
homeless persons from occupying abutting public rights-of-way by
communicating to those persons that services and goods provided by the
campus are available within the campus. Communication may be via
posted notice, individual dialog by staff or other means.
29.
The Human Services Campus, within 60 days of approval of this Special
Permit, will produce a written plan identifying how they will support efforts
of the city's adopted strategies to address homelessness plan to
regionalize efforts to combat homelessness and will provide a copy to the
Planning and Development Department for review.
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. To request a reasonable accommodation, please contact Angie
Holdsworth at angie.holdsworth@phoenix.gov or (602) 329-5065 or TTY: 7-1-1.