Attachment C - PHO Summary - PHO-4-21--Z-13-88-8.pdf
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REPORT OF PLANNING HEARING OFFICER ACTION Adam Stranieri, Planner III, Hearing Officer Bradley Wylam, Planner I, Assisting November 17, 2021 ITEM NO: 6 DISTRICT 8 SUBJECT: Application #: PHO-4-21--Z-13-88-8 Location: Approximately 160 feet west of the northwest corner of 17th Street and Portland Street Zoning: C-2 SP Acreage: 1.66 Request: 1) Modification of Stipulation 1 regarding general conformance to the site plan date stamped August 1, 2014. 2) Deletion of Stipulation 1.a regarding a common architectural theme and landscaped pedestrian walkways. 3) Deletion of Stipulation 2 regarding a maximum of 150,000 square feet. 4) Deletion of Stipulation 3 regarding a maximum of three stories. 5) Modification of Stipulation 4 regarding dedication of right- of-way. 6) Deletion of Stipulation 4.a regarding additional right-of- way along 16th Street. 7) Deletion of Stipulation 4.b regarding additional right-of- way abutting local streets. 8) Deletion of Stipulation 6 regarding an alternative development concept. Applicant: Alagram Capital LLC Owner: New Hope in Christ Church Representative: Brian Cassidy ACTIONS: Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended approval with a modification and additional stipulations. Village Planning Committee (VPC) Recommendation: The Central City Village Planning Committee heard this request on November 8, 2021 and recommended approval by a 12-0 vote. Attachment C Planning Hearing Officer Summary of November 17, 2021 Application PHO-4-21—Z-13-88-8 Page 2 DISCUSSION: Bill Kurtz, representative with CCBG Architects, stated that they did not receive any correspondence from the public and received unanimous approval from the Central City Village Planning Committee (VPC). He provided a summary of previous PHO actions and the original rezoning case. He provided an overview of the proposed site plan, which includes 17 units at a density of 10.3 dwelling units per gross acre. He noted that the building height is limited to 27 feet and two stories with private garages and patios. He provided an overview of the proposed elevations. He noted that the existing stipulations were relevant for the stipulated project, but do not make sense in the context of the proposed plans for the site. He provided rationale regarding each of the proposed stipulation modifications and deletions that would allow the applicant to develop the multifamily development on the subject site. Adam Stranieri, Planning Hearing Officer, noted that no public correspondence was received and noted the approval at the Central City VPC meeting. He stated that the proposed site plan is recommended to be approved and noted the proposed site plan is less intense than the stipulated plans and would be more compatible with the land use pattern in the surrounding area. He noted that the elevations proposed lack architectural detailing, features, and diversity. Mr. Kurtz noted that additional architectural features would be included on the site, but many features are intentional to promote privacy for the community. Mr. Stranieri stated that the proposed elevations would not be approved, and that an additional stipulation regarding four-sided architecture would be recommended. Mr. Stranieri stated that Stipulation 1.a regarding a common architectural theme is recommended to be deleted. He stated that the origin of this stipulation is unclear, but it would not be appropriate to uphold this requirement to tie the design of this project to the storage warehouse uses to the west. Mr. Stranieri stated that the deletion of Stipulation 2 regarding a maximum of 150,000 square feet is recommended to be approved. He noted that this condition was relevant to the development proposed in PHO-3-14—Z-13-88-8 which was located on a larger subject site. Mr. Stranieri stated that the deletion of Stipulation 3 regarding a maximum height of three stories is recommended to be approved and noted that the proposed plan depicts two-story, 27-foot-tall buildings, which is stipulated through the general conformance requirement. Mr. Stranieri stated that the requests to modify Stipulation 4 and delete Stipulation 4.a and 4.b are recommended for approval. He stated that the proposed modification to Stipulation 4 corrects a typo whereas Stipulation 4.a addresses off-site right-of-way and Stipulation 4.b is redundant with Stipulation 4. He stated the request to delete Stipulation 6 regarding an alternative Planning Hearing Officer Summary of November 17, 2021 Application PHO-4-21—Z-13-88-8 Page 3 development concept is recommended to be approved due to the unclear nature of the stipulation. Mr. Stranieri stated that the Street Transportation Department recommended to include an additional stipulation regarding bicycle parking and described nearby pedestrian amenities. He stated that the Archaeology Department noted that the site was designated as archaeologically sensitive and recommended three additional stipulations to address requirements for archaeological survey and testing. FINDINGS: 1) The request to modify Stipulation 1 is recommended to be approved with modifications. The proposed conceptual site plan depicts a multifamily residential development with 17 units at a density of 10.3 dwelling units per gross acre. Building height is limited to 27 feet and two stories. Individual units are detached and provide private garages and patios. The proposal is significantly less intense than previously stipulated plans, more compatible with the land use pattern in the surrounding area, which includes existing single-family residential to the east and southeast, and it provides a desirable buffer between the self-service storage warehouse to the west. General conformance to the site plan is recommended with modifications to provide standard language. However, the building elevations lack architectural detailing, features, and diversity. This is particularly evident on the west elevations of Units A and C and to a lesser extent on the east and north elevations of Unit A. General conformance to the elevations is not recommended. An additional stipulation is recommended to require four-sided architecture, which can be further refined and determined through the plan review process. 2) The request to delete Stipulation 1.a regarding a common architectural theme is recommended to be approved. The origin of this stipulation is unclear. It first appears in the approval letter for a 1997 PHO action however it was not added by the Planning Hearing Officer’s recommendation in that case. Further, the stipulation is not present in the approval letter for the original rezoning case (Z-13-88-8) or in subsequent PHO actions in 1991, 1993, or 1995. The current proposal includes a multifamily residential development, and it is not clear with what property a common theme would be shared. It would not be appropriate to tie design of this project to the self-service storage warehouse uses to the west. 3) The request to delete Stipulation 2 regarding a maximum 150,000 square feet is recommended to be approved. This condition was relevant to the proposed multifamily residential development in prior case PHO-3-14—Z- Planning Hearing Officer Summary of November 17, 2021 Application PHO-4-21—Z-13-88-8 Page 4 13-88-8. That case included additional property to the west on a larger, approximately 5.21 gross acre site. The property to the west has since developed as a self-service storage warehouse and this stipulation is no longer relevant. 4) The request to delete Stipulation 3 regarding a maximum height of three stories is recommended to be approved. The C-2 zoning district permits multifamily residential development to utilize the yard, height, and area requirements of the R-3 zoning district. The PRD development option of the R-3 zoning district permits a maximum height of 2 stories or 30 feet for the first 150 feet and a 1-foot in 5-foot increase to 48 feet and 4-story maximum height. The proposed site plan depicts two-story and 27-foot- tall buildings. Due to the size of the lot, accessing the additional height would necessitate variances to the minimum required setbacks. Deletion of the stipulation will allow the applicant to develop in general conformance to the proposed elevations, in compliance with the Zoning Ordinance, and permit the option to apply for a zoning adjustment if desired. 5) The request to modify Stipulation 4 and delete Stipulation 4.a and 4.b are recommended for approval. The modification of Stipulation 4 is solely to correct a typo. Stipulation 4.a addresses right-of-way along 16th Street which is off-site to the current request. Stipulation 4.b is redundant paired with the modified Stipulation 4. 6) The request to delete Stipulation 6 is recommended to be approved. This stipulation was established in 1997 and the 60-day period referenced has long since passed. Additionally, there were subsequent PHO actions in 2002 and 2014 and it is not clear how this stipulation would be enforced today. 7) The Street Transportation Department recommends an additional stipulation regarding bicycle parking to be provided per Section 1307.H for multifamily development. This stipulation is recommended for inclusion. The subject site is in proximity to major bike corridors along Roosevelt Lane and a bike boulevard along Fillmore Street. Additionally, the subject site is less than a mile from a major bike connection across the I-10 providing additional connections to major employment uses along the McDowell Road corridor. Finally, the subject site is within the Eastlake- Garfield TOD Policy Plan area and less than a mile from light rail along Washington Street. Bicycle infrastructure supports the established and future planned multi-modal network and promotes the goals of the City Council approved Complete Streets Policy and the Eastlake-Garfield TOD Policy Plan. Planning Hearing Officer Summary of November 17, 2021 Application PHO-4-21—Z-13-88-8 Page 5 8) The site is identified as archaeologically sensitive and three additional stipulations are recommended to be included to address requirements for archaeological survey and testing. STIPULATIONS: 1. That THE development SHALL be in general conformance WITH to the site plan date stamped OCTOBER 13, 2021 August 1, 2014 as may be modified by the Planning and Development Department and by the following stipulations AND APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. a. The entire site shall be designed with a common architectural theme and integrated with landscape pedestrian walkways. 2. That development not exceed 150,000 square feet. ALL ELEVATIONS OF THE BUILDING SHALL CONTAIN ARCHITECTURAL EMBELLISHMENTS AND DETAILING SUCH AS TEXTURAL CHANGES, PILASTERS, OFFSETS, RECESSES, VARIATION IN WINDOW SIZE AND LOCATION, AND/OR OTHER OVERHANG CANOPIES, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 3. That development be limited to three stories. THE DEVELOPER SHALL PROVIDE SECURED BICYCLE PARKING AS REQUIRED IN CHAPTER 13, SECTION 1307.H FOR MULTI-FAMILY DEVELOPMENT, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 4. That Sufficient right-of-way SHALL be dedicated at the time of the Planning and Development Department site plan review to provide. a. Additional right-of-way as may be required by the Planning and Development Department along 16th Street for right turn lanes, bus bays, etc. b. Additional right-of-way as may be required by the Planning and Development Department of abutting local streets. 5. The property shall be maintained in a neat and orderly manner free of weeds, litter, and excessive dust prior to construction. Planning Hearing Officer Summary of November 17, 2021 Application PHO-4-21—Z-13-88-8 Page 6 6. The original stipulations of approval may be retained as an alternative development concept for a period not to exceed 60 days following final City Council approval upon notification from the property owner that the current proposal is no longer valid. 6. 7. That Perimeter fencing shall be administratively reviewed by the Planning Hearing Officer to ensure compatibility with the adjacent properties. 7. 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. 8. 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. 9. 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. 10. 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, Angie Holdsworth, at voice number 602-495-5622 or TTY use 7-1-1.