Attachment B - VPC Summary - PHO-1-21--Z-59-18-8.pdf

City of Phoenix — Formal (2021-11-03)

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Village Planning Committee Meeting Summary 
PHO-1-21—Z-59-18-8 
 
 
Date of VPC Meeting 
July 13, 2021 
Planning Hearing Officer 
Hearing Date 
July 21, 2021 (Continued) 
Request 
1) Modification of Stipulation 1 regarding general 
conformance to the site plan date stamped August 
21, 2018. 
 
2) Request to delete Stipulation Nos. 1.a, 1.b, and 3 
regarding access to amenities to the east, vehicular 
cross access to adjacent properties, and 
conditional requirements to dedicate and construct 
25th Street. 
 
Location 
Approximately 615 feet north of the northwest corner of 
25th Street and Baseline Road 
 
VPC Recommendation 
Denial as filed, approved with modifications. 
 
VPC Vote 
11-0-2, motion passed; Members Aldama, Alvarez, 
Brooks, Brownell, Busching, Holmerud, Marchuk, Ray, 
Shepard, Smith, and Daniels in favor. None in dissent. 
Members Monge Kotake and Said abstained. 
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
 
Cases PHO-2-21—Z-63-05-8, PHO-1-21—Z-59-18-8, and PHO-1-21—Z-10-18-8 
were heard concurrently. 
 
One member of the public registered to speak on this item during the public 
meeting. 
 
Enrique Bojórquez, staff, introduced himself and provided a presentation 
regarding each of the three PHO cases. He discussed the location of the overall 
project site and individual PHO cases. The requested stipulation modifications by 
the applicant were shown for each case. He also showed previously approved 
site plans and/or building elevations, in addition to the new proposed site plan for 
the overall project site and building elevations. 
 
Greg Brownell asked if staff provides a recommendation on the requested 
modifications. He prefers that no drive-throughs are approved for the site. 
Attachment B

Mr. Bojórquez responded that staff does not provide recommendation on 
Planning Hearing Officer (PHO) cases. 
 
Chairwoman Daniels asked why no building elevations were provided for the 
commercial phase of the project. 
 
Mr. Bojórquez responded that the applicant can address this question. 
 
Marcia Busching asked if a detailed review of the plans has been conducted. 
 
Mr. Bojórquez responded that usually a development services pre-application 
meeting is conducted by the applicant to gather technical review comments on 
the site plan proposed and that PHO staff review the documents once submitted. 
 
Martin Hayime Monge Kotake lives east of the proposed development. 
Currently, the 27th Street alignment is dangerous and prefers that the street 
alignment remains as shown in the site plan approved in 2018. 
 
Gene Holmerud discussed the 27th Street and Baseline Road alignment 
involving the topographical survey of the area. 
 
Trent Marchuk asked about the conformance to the Baseline Area Overlay 
District (BAOD) in the site plan and referenced several potential conflicts. The 
drive-throughs should be eliminated and prefers that the pitched roofs stay in the 
stipulations. 
 
Muriel Smith discussed the 27th Street alignment and previous concerns raised 
then about this. 
 
Mr. Bojórquez responded that the applicant might be able to address questions 
about their current layout and why it changed from the 2018 site plan. 
 
Chairwoman Daniels discussed several aspects of the proposed stipulations 
pertaining to: 
 
• New site layout is an improvement, as it is adding new housing units to the 
area; 
• Discussed the public access and the changes to the overall site plan; 
• Pedestrian access for the multifamily should be provided to commercial 
areas; 
• 25th Street no longer being a public street, now proposed as a private 
drive; 
• Pitched roof elements should be kept; 
• Equestrian corral area was discussed; 
• Would love to see Walkable Urban code elements added to the project;

Mr. Bojórquez responded that the multifamily portion of the site could be a gated 
community, as show in the site plan provided by the applicant. Furthermore, that 
25th Street is no longer proposed as a public street, but rather a private drive. 
 
Paul Gilbert, with Beus Gilbert McGroder PLLC, introduced himself as the 
representative of the developer and introduced the project. The proposed site 
plan meets all of the required standards, while exceeding some standards such 
as open space, where 30-percent open space is provided to account for water 
retention. He introduced the project team, PHO case boundaries and discussed 
the conceptual site plan for the entire site. He showed the commercial and 
multifamily residential phases of the conceptual site plan. One-hundred thirty 
eight total units are proposed with a maximum density of 16.99 dwelling units per 
acre. The site plan complies with the BAOD requirements and discussed the 
amenities proposed, including the corral area. He discussed the stipulation 
modification language proposed for each of the 3 PHO cases and stated that 
drive-through facilities are needed. The 27th Street alignment was addressed, 
adding that no traffic signal was warranted based on the traffic statement 
conducted. An overview of the enhanced notification and outreach was provided. 
Other aspects of the project such as pathways, health-safety enhancements, 
architecture and walls were discussed. He no longer is requesting modification of 
Stipulation No. 2.a on case PHO-1-21—Z-10-18-8 pertaining to pitched roof 
elements. 
 
Carl Starry, with LG Acquisitions LLC, introduced himself as the developer for the 
residential phase of the project. He gave an overview of different multifamily 
development projects built in other cities. He reviewed the three lists created by the 
South Mountain Village Planning Committee and discussed why this property was 
selected. He discussed amenities, layout, access, public art, and the clubhouse. 
 
Mr. Holmerud asked whether the multi-use trail along Baseline Road had been 
constructed. He asked for clarification on the electric charging station proposed. 
 
Mr. Gilbert responded that the multi-use trail along Baseline Road will be provided. 
 
Mr. Starry discussed the electric charging outline and possible locations for this 
within the community. 
 
Twanna Ray asked for clarification on the number of individuals that were spoken 
to regarding this project. 
 
Mr. Gilbert stated that within an 850-foot radius, over 600 people were contacted, 
and no issues were raised on the project. Approximately 2.5 weeks were spent 
doing the outreach. 
 
Lee Coleman asked why some of the setbacks were not being met.

Cassandra Ayres, with Beus Gilbert McGroder PLLC, introduced herself and 
stated that they are asking for some of the parking to be allowed within the front 
setback along Baseline Road. Thus, a variance is proposed to be requested to 
address this aspect of the site plan. 
 
Dr. George Brooks asked if the applicant met individually or as a group with 
surrounding neighbors, and if a neighborhood meeting was held. 
 
Susan Bitter Smith, with Technical Solutions, introduced herself as part of the 
development team. Her group knocked on doors and assisted with the outreach for 
this project. 
 
Mr. Bojórquez added that no neighborhood meeting is required as part of PHO 
applications. 
 
Mr. Marchuk asked if the site plan will need to comply with BAOD standards. He is 
concerned that some of the standards are not being met. 
 
Mr. Bojórquez responded that the site plan will have to comply with the BAOD 
standards. 
 
Mr. Starry stated that their project will comply with BAOD standards, including 
walkways. 
 
Mr. Gilbert responded that they will review the Zoning Ordinance once again. 
 
Mr. Monge Kotake asked if a traffic statement will be required for this project and 
stated that his household was contacted, but no information about the project was 
left for him to follow up on. 
 
Mr. Gilbert stated that the city did not require a traffic report, but one was 
conducted anyway about a year ago. 
 
Mr. Bojórquez stated that he did not observe a stipulation from the 2018 rezoning 
case requiring a traffic statement to be submitted to the city at a later date. 
 
Mr. Coleman discussed the intersection at 27th Street and Baseline Road. 
 
Chairwoman Daniels allowed Ms. Jones to provide public comment on the cases. 
 
JoLouise Jones, member of the public, introduced herself as a resident in the area 
and stated that traffic is bad along this intersection now. Traffic will worsen if this 
project is approved. The 27th Street alignment was approved in 2018 with the intent 
to develop a traffic signal light.

Mr. Gilbert stated that the current site plan reduces traffic counts as there is a 
reduction of commercial uses. 
 
Mr. Monge Kotake stated that the traffic report is from a year ago and thus 
outdated now. 
 
Mr. Coleman stated that aligning both sides of 27th Street north and south of 
Baseline Road would be challenging. 
 
Chairwoman Daniels asked why the stipulation pertaining to 27th Street was 
added in the 2018 rezoning case. 
 
Mr. Bojórquez responded that the 2018 rezoning case minutes are included in the 
packet sent to all VPC members but cannot identify a specific reason while 
browsing the minutes from 2018. 
 
Kassandra Alvarez asked if the applicant had spoken with the Street 
Transportation Department regarding the traffic. 
 
Mr. Gilbert responded that he had contacted the traffic section and no traffic signal 
was required. 
 
Ms. Busching would like to stipulate several elements including: 
 
• Cross-access agreement between the commercial and residential phases, 
plus the property along the west; 
• Maximum of one drive-through facility; 
• Applicant to work with the Planning and Development Department, Street 
Transportation Department and the community on the 27th Street alignment, 
thus keeping Stipulation No. 1.b on PHO-1-21—Z-10-18-8; 
• Keep Stipulation No. 2.a on case PHO-1-21—Z-10-18-8; 
 
Greg Brownell, Kay Shepard and Kassandra Alvarez support these stipulations. 
 
Mr. Gilbert would like flexibility to work out these issues with city staff. 
 
Ms. Busching is concerned that the requested changes will not be addressed. 
 
Mr. Holmerud is opposed to aligning 27th Street. 
 
Mr. Marchuk agrees on aligning 27th Street and adding language pertaining to 
berms and the BAOD. 
 
Mr. Brownell and Ms. Busching agree with Mr. Marchuk’s comments. 
 
Mr. Holmerud disagrees with Mr. Marchuk on aligning 27th Street.

Lee Coleman and Shelly Smith left the meeting at 10:10pm, bringing the quorum to 
14 members. 
 
MOTION – PHO-1-21—Z-59-18-8: 
 
Ms. Busching motioned to deny case PHO-1-21—Z-59-18-8 as filed, approve 
with modifications. Ms. Shepard seconded the motion to approve. 
 
 
Stipulation modifications approved for PHO-1-21—Z-59-18-8: 
• 
Stipulation No. 1: THAT Tthe development shall be in general conformance 
with the conceptual site plan AND ELEVATIONS date stamped August 21, 
2018 MAY 26, 2021, as may be modified for compliance with the canal bank 
design guidelines in Section 507 Tab A of the Zoning Ordinance, BY THE 
FOLLOWING STIPULATIONS and AS approved by the Planning and 
Development Department, and with specific regard to the following: 
PLANNING AND DEVELOPMENT DEPARTMENT 
 
• 
Stipulation No. 1.a: THERE SHALL BE PEDESTRIAN CROSS ACCESS 
EASEMENTS TO ADJACENT COMMERCIAL PADS ALONG THE SOUTH 
AND WEST OF THE PROJECT SITE. 
 
• 
Stipulation No. 1.b: THERE SHALL BE VEHICULAR CROSS ACCESS 
EASEMENTS FOR ALL COMMERCIAL PAD SITES AS WELL AS THE 
MULTIFAMILY PORTION OF THE DEVELOPMENT. A VEHICULAR 
CROSS ACCESS EASEMENT SHALL BE PROVIDED ALONG THE 
COMMERCIAL PADS SITES WEST OF THE DEVELOPMENT IN ORDER 
TO CONNECT TO THE ADJACENT COMMERCIAL PROPERTY WEST OF 
THE PROJECT SITE. 
 
• Stipulation No. 3 was deleted. 
Joseph Larios left the meeting at 10:20pm, bringing the quorum to 13 members. 
VOTE – PHO-1-21—Z-59-18-8:  
11-0-2, motion passed; Members Aldama, Alvarez, Brooks, Brownell, Busching, 
Holmerud, Marchuk, Ray, Shepard, Smith, and Daniels in favor. None in dissent. 
Members Monge Kotake and Said abstained. 
 
Fatima Said left the meeting at 10:25pm, bringing the quorum to 12 members. 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS: 
 
None.