Attachment C - PHO Summary - PHO-8-23--Z-195-81-1.pdf

City of Phoenix — Formal (2023-11-01)

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Attachment C 
 
REPORT OF PLANNING HEARING OFFICER ACTION  
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
 
September 20, 2023 
 
ITEM NO: 1 
 
 
DISTRICT NO. 1 
SUBJECT: 
 
 
 
Application #: 
PHO-8-23--Z-195-81-1 
Location: 
Approximately 730 feet south of the southwest corner of 23rd 
Avenue and Parkside Lane 
Zoning:  
A-1 DVAO 
Acreage:  
14.01 
Request: 
1) Request to modify Stipulation 1 regarding general 
conformance with the site plan dated August 3, 1999. 
2) Request to modify Stipulation 3 regarding a landscape 
theme and a landscape setback along 21st and 23rd 
Avenues. 
3) Technical corrections to Stipulations 2 and 4 
Applicant: 
Bill Lally, Tiffany & Bosco P.A. 
Owner: 
 
RMLM LLC 
Representative: Bill Lally, Tiffany & Bosco P.A. 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with modifications and additional stipulations. 
 
Village Planning Committee (VPC) Recommendation: The Deer Valley Village Planning 
Committee reviewed the request on September 14, 2023. The VPC recommended 
approval with a modification by a vote of 9-0. 
 
DISCUSSION:  
 
Bill Lally, representative of Tiffany & Bosco, gave an overview of the location and its 
current land uses. He stated that 21st Avenue has been an historical access point to the 
site and will continue to use the accessway for the proposed development. He gave an 
overview of the conceptual site plan and the existing landscaping on the site. He stated 
the original stipulations did not provide too many details. He gave an overview of the 
stipulation requests and each respective rationale.

Byron Easton, Planning Hearing Officer, stated there were no registered speakers to 
speak on this case.  
 
Mr. Lally confirmed there were also no formal speakers at the Village Planning 
Commission (VPC) meeting. 
 
Mr. Easton stated the VPC recommended approval with a vote of 9-0 on September 14, 
2023. He recommended approval with modification to Stipulation 1, stipulating general 
conformance with the site plan dated stamped July 27, 2023 as approved or modified by 
the Planning and Development Department. He recommended approval with 
modification for Stipulation 3, stipulating a 5’ attached sidewalk and landscaping shall 
be provided along 21st Avenue, with a minimum 10’ landscape setback from property 
line. The setback area shall be dustproofed in an appropriate manner, as approved by 
the Planning and Development Department. He stated that there were additional 
stipulations to be added. He stated the stipulations were provided by Streets 
Department, stipulating the applicant will dedicate a minimum of 50’ of right-of-way for 
the east side of 23rd Avenue, adjacent to the development. 
 
He stated the improvements to 23rd Avenue shall be consistent with the major collector 
D cross-section and shall include a minimum of 5’ wide detached sidewalk separated by 
a minimum 13’ wide landscape strip, located between the back-of-curb and sidewalk 
adjacent to the development. He stated that a minimum of 25’ of paving from the 
monument line to the face-of-curb, adjacent to APN 209-03-294, connecting the existing 
paving on 23rd Avenue to the required right-of-way improvements adjacent to the 
subject site, as approved by the Street Transportation Department. He stated the 
applicant will need to dedicate a temporary 50’ radius turnaround easement at the 
southern terminus of 23rd Avenue, including all incidental improvements, as approved 
by the Street Transportation Department.  
 
He stated the additional stipulation and sub-stipulations further clarify the extent of 
necessary improvements, specifically at 23rd Avenue right-of-way. He stated Stipulation 
5 and 5a referred to 23rd Avenue and its classification as a major collector D section on 
the City Council approved street classification map. He stated that the D cross-section 
requires 50’ half-street and 18’ wide streetscape zone. He stated compliance with the 
cross section would include a 5’ wide detached sidewalk and a 13’ wide landscape 
island, located between the back -of-curb and sidewalk. He stated that Stipulations 5b 
and 5c stipulated connecting to existing paving north of the adjacent parcel because. He 
stated 23rd Avenue currently stops at the northern boundary of the adjacent property, 
north of the subject site on 23rd Avenue, therefore construction of the required right-of-
way improvements only adjacent to the subject site would create a dead-end street. 
 
Mr. Lally stated that this was his initial opportunity to view the new stipulations and 
would need to contact the client to review them. He stated the additional stipulations 
were straightforward and had no questions.

FINDINGS: 
 
1) The request for review and approval of conceptual site plan per Stipulation 1 has 
been complied with.  The recommendation is therefore to approve the plans and 
modify the existing Stipulation 1 to replace the existing language with a standard 
language general conformance stipulation to the site plan.  The conceptual plan 
meets the intent of Stipulation 1 as follows:  
 
a) The conceptual site plan depicts an industrial use, specifically two 
warehouse/office buildings that cover roughly 38% of the site area.  The 
total footprint is approximately 220,000 sf and the site shows conformity to 
the A-1 development standards. 
 
b) The stipulated site plan shows an industrial use, consisting of three 
buildings; a maintenance shop, an office and a mezzanine.  These 
buildings are considerably smaller, with an overall footprint of approx. 
22,000 sf.   
 
2) The request to modify Stipulation 3 is approved with a modification. The 
modification is to add the language referring to the addition of a 5-foot attached 
sidewalk. A 5-foot attached sidewalk is required per the Street Planning and 
Design Guideline Manual and the City of Phoenix Subdivision Ordinance. 
Stipulation 3 was also modified to delete the redundant “(allows for driveway 
access as shown on the site plan)”. 
 
3) Although Stipulation #2 of the approved ordinance requires right-of-way to be 
dedicated and adjacent roadways to be improved, the added stipulation further 
clarifies the extent of the necessary improvements specifically to the 23rd 
Avenue right-of-way. 
  
• Stipulation #5 & 5a: 23rd Avenue is classified as a Major Collector D-
Section on the City Council approved Street Classification Map. The D-
cross-section requires a 50-foot half street with an 18-foot-wide 
streetscape zone. Compliance with the cross-section would include a 5-
foot-wide detached sidewalk and 13-foot-wide landscape island located 
between the back of curb and sidewalk.  
 
• Stipulation #5b and 5c: 23rd Avenue currently stops at the northern 
boundary of the adjacent property north of the subject site on 23rd 
Avenue. Therefore, construction of the required right-of-way 
improvements only adjacent to the subject site would create a dead-end 
street and it is required to connect to the existing paving north of the 
adjacent parcel.

Chapter 2, Section 2.9.2 Of the Street Planning and Design Guidelines Manual 
prohibits dead end streets and requires a temporary turning circle with a 50-foot 
radius. 
 
STIPULATIONS: 
 
1. 
That THE new development SHALL be in general conformance with the site 
plan dated STAMPED JULY 27, 2023 8/3/99, AS APPROVED OR MODIFIED 
BY THE PLANNING AND DEVELOPMENT.  
 
 
2. 
That right-of-way be dedicated, and adjacent roadways improved in a manner 
consistent with adopted plans at the time of subdivision/site plan approval, as 
approved by the PLANNING AND Development Services Department. 
 
 
3. 
That a landscaping theme creating a strong visual identity be developed for 
the entryway along 23rd Avenue (upon redevelopment of Parcel 7) consistent 
with Commerce Park standards. A FIVE (5) FOOT ATTACHED SIDEWALK 
AND landscaping shall be provided, within the right-of-way along the east side 
of 21st Avenue, with a minimum 10’ landscape setback FROM THE 
PROPERTY LINE. (which shall include minimum 15-gallon size drought 
resistant shade trees spaced a maximum 20’ on center, or provided in 
equivalent groupings). Along the west side of 21st Avenue, a 6’ decorative 
masonry wall shall be provided, to be set back a minimum 25’ from the right-
of-way. The setback area shall be dustproofed in an appropriate manner, as 
approved by THE PLANNING AND Development Services Department. 
 
 
4. 
 
DEDICATE MINIMUM 50-FEET OF RIGHT-OF-WAY FOR THE EAST 
SIDE OF 23RD AVENUE, ADJACENT TO THE DEVELOPMENT. THE 
IMPROVEMENTS TO 23RD AVENUE SHALL BE CONSISTENT 
WITH THE MAJOR COLLECTOR D CROSS SECTION AND SHALL 
INCLUDE: 
 
 
 
a. A MINIMUM 5’ WIDE DETACHED SIDEWALK SEPARATED BY A MINIMUM 
13’ WIDE LANDSCAPE STRIP LOCATED BETWEEN THE BACK OF CURB 
AND SIDEWALK ADJACENT TO THE DEVELOPMENT. 
 
 
 
 
b. A MINIMUM 25 FEET OF PAVING FROM THE MONUMENT LINE TO THE 
FACE OF CURB, ADJACENT TO APN 209-03-294, CONNECTING THE 
EXISTING PAVING ON 23RD AVENUE TO THE REQUIRED RIGHT-OF-
WAY IMPROVEMENTS ADJACENT TO THE SUBJECT SITE, AS 
APPROVED BY THE STREET TRANSPORTATION DEPARTMENT. 
 
 
 
 
c. DEDICATE A TEMPORARY 50-FOOT RADIUS TURNAROUND EASEMENT 
AT THE SOUTHERN TERMINUS OF 23RD AVENUE, INCLUDING ALL 
INCIDENTAL IMPROVEMENTS, AS APPROVED BY THE STREET 
TRANSPORTATION DEPARTMENT.

5. 
4. 
That The site SHALL be maintained in a dust and litter free condition, as 
approved by the PLANNING AND Development Services Department. 
 
 
6. 
5. 
That Independent of the development east of 21st Avenue, Parcel 7 shall 
comply with A-1 development standards for the existing use, or seek 
appropriate variance relief. 
 
 
 
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 Teleia Galaviz at teleia.galaviz@phoenix.gov or (602) 
291-2559 or TTY: 7-1-1.