Attachment D - PHO Application - PHO-8-23--Z-195-81-1.pdf
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PLEASE RESPOND ELECTRONICALLY TO TERESA GARCIA 2ND FLOOR, 602-262-7399
To:
Date: August 25, 2023
From:
Departments Concerned
Joshua Bednarek
Planning & Development Department Director
Subject: P.H.O. APPLICATION NO. PHO-8-23--Z-195-81-1 – Notice of Pending Actions
by the Planning Hearing Officer
1.
Your attention is called to the fact that the Planning Hearing Officer will
consider the following case at a public hearing on September 20, 2023.
2.
Information about this case is available for review at the Zoning Counter in
the Planning and Development Department on the 2nd Floor of Phoenix City
Hall, telephone 602-262-7131, Option 6.
3.
Staff, please indicate your comments and respond electronically to
pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter
in the Planning and Development Department on the second floor of Phoenix
City Hall by September 1, 2023.
DISTRIBUTION
Mayor’s Office (Tony Montola), 11th Floor
City Council (Stephanie Bracken), 11th Floor
Aviation (Jordan D. Feld )
CED (Michelle Pierson), 20th Floor
Fire Prevention (Joel Asirsan), 2nd Floor
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor
Parks & Recreation (Todd Shackelford), 16th Floor
Public Transit (Michael Pierce)
Street Transportation Department (Maja Brkovic, Josh Rogers, Alan Hilty, Chris Kowalsky),
5th Floor
Street Transportation - Ped. Safety Coordinator (Kurt Miyamoto), 5th Floor
Street Transportation - Floodplain Management (Tina Jensen, Priscilla Motola, Rudy Rangel),
5th Floor
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Joshua Bednarek, Tricia Gomes), 3rd Floor
Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th Floor
Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor
Planning Hearing Officer (Byron Easton, Chase Hales, Teresa Garcia), 2nd Floor
Village Planner (Matteo Moric, Deer ValleyVillage)
Village Planning Committee Chair (Joseph A. Grossman, Deer Valley Village)
Attachment D
200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793
APPLICATION FOR PLANNING HEARING OFFICER ACTION
APPLICATION NO: PHO-8-23--Z-195-81-1
Council District: 1
Request For:
Stipulation Modification
Reason for Request: Request to modify Stipulation 1 regarding general conformance with the site plan dated August 3, 1999.
Request to modify Stipulation 3 regarding a landscape theme and a landscape setback along 21st and 23rd Avenues.
Technical corrections to Stipulations 2 and 4.
Owner
Applicant
Representative
RMLM LLC
Bill Lally, Tiffany & Bosco P.A.
Bill Lally, Tiffany & Bosco P.A.
2155 West Williams Drive
2525 East Camelback Road, 7th Floor
2525 East Camelback Road, 7th Floor
Phoenix AZ 85027
Phoenix AZ 85016
Phoenix AZ 85016
(602) 818-4111
(602) 255-6000
P: (602) 255-6000 F:
northernauto2155@gmail.com
wel@tblaw.com
wel@tblaw.com
Property Location: Approximately 730 feet south of the southwest corner of 23rd Avenue and Parkside Lane
Zoning Map: O-7
Quarter Section: 44-24
APN: 209-03-293
Acreage: 14.01
Village: Deer Valley
Last Hearing: CC RATIFICATION
Previous Opposition: No
Date of Original City Council Action: 04/26/1983
Previous PHO Actions: 05/06/1998 07/07/1999 07/07/1999 11/03/1999 10/02/2002 05/30/2007
Zoning Vested: A-1 DVAO
Supplemental Map No.: 601 1044
Planning Staff: 083645
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized
substantive policy statement. To request clarification or to obtain further information on the application process and applicable
review time frames, please call 602-262-7131 (option 6), email zoning.mailbox@phoenix.gov or visit our website at
http://phoenix.gov/pdd/licensetimes.html.
A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to cover
the cost whether or not the request is granted
Fee
Fee Waived
Fee Date
Receipt
Purpose
$1,080.00
$0.00
07/27/2023
23-0055632
Original Filing Fee
Signature of Applicant: _____________________________________________________ DATE: ___________________
Hearing Results
Planning Hearing Officer
Planning Commission
City Council
Date: 09/20/2023 1000 AM
Date:
Date:
Appealed?:
Appealed?:
Action:
Action:
Action:
William E. Lally
Attorney at Law
602.452.2716
wel@tblaw.com
August 23, 2023
Planning Hearing Officer
City of Phoenix Planning & Development Department
200 West Washington Street, 2nd Floor
Phoenix, AZ 85003
Re:
PHO Stipulation Modification Request for Rezone case # 195-81-1
South of Southwest corner of North 21st Avenue and West Parkside Lane
To Whom It May Concern:
Our firm represents LPIV Arizona, LLC (“LPIV”), which is seeking to develop +/- 15.28 gross
acres of real property zoned A-1 located approximately 320’ south of the southwest corner of
North 21st Avenue and West Parkside Lane in the Deer Valley area northwest of the Deer Valley
Airport site. The proposed future development would consist of two warehouse buildings with
approximately 220,000 sq.ft. of building space, which is an allowed use in the site’s existing A-1
zoning. The project consists of two (2) parcels: 209-03-293 and 209-03-295 (the “Site”). The
proposed development will provide a more modern industrial use for the local area that already
has other A-1 zoning and industrial uses adjacent to the Site as illustrated in Exhibit A attached
hereto (“Proposed Site Plan”). This request seeks to modify stipulations of the previous rezone
case as it pertains to specifics of the Site and proposed warehousing improvement.
2
Background
The Site was originally approved for a rezone to A-1 zoning district (case # 195-81-1). The current
controlling case for the Site is PHO-4-99 which was approved by the Phoenix City Council on
October 6th, 1999 (the “Rezone”). This rezone case also included properties to the northeast of the
site (both the site and current APN 209-03-294 as part of parcel 7) and six (6) other parcels known
as Markham lots 1-6, located to the east of 21st Avenue for a total of approximately 29.7 acres
(collectively the “Property”). See attached Exhibit B (“Approved Stipulated Site Plan”).
Approval of the 1999 rezone was subject to five (5) stipulations. Stipulation 1 of that approval
requires that the development be in general conformance with the referenced Exhibit B site plan
stamped dated on August 3rd, 1999 which showed the Site as part of parcel 7 a vacant site. This
stipulated site plan was originally generated to show existing and future development on several of
the Markham lots, not a part of the Site. However, discussions with City of Phoenix Planning staff
with the Proposed Site Plan requires that the previous stipulations be modified.
Request
This request seeks to create a new site plan for only the 15.28-acre Site. This request also seeks to
modify other stipulations with the Proposed Site Plan in mind for the Site only. All other stipulations
will remain in full force and effect for the other properties that were associated with the original
Rezone case. A copy of the stipulations with the proposed modifications is also attached hereto as
Exhibit C.
3
Specifically, this request seeks to:
1. Modify Stipulation 1 which requires general conformance with the 1999 Site Plan.
2. No Modifications to Stipulation 2 which requires ROW to be dedicated and discusses
roadway improvements.
3. Modify Stipulation 3 which speaks to landscaping theme, setbacks, and screening.
4. No Modifications to Stipulation 4 which requires dust and litter free properties.
5. No Modifications to Stipulation 5 which requires Parcel 7 to comply with A-1
development standards.
Request to Modify Stipulation 1
Current language:
That new development be in general conformance with the site plan dated 8/3/99.
Proposed Language Changes:
That new development be in general conformance with the site plan dated 8/3/99 10/31/2022.
Final Proposed Stipulation Language:
That new development be in general conformance with the site plan dated 10/31/2022.
Rational:
This stipulation is being modified to permit the Proposed Site Plan. The Proposed Site Plan
contributes two (2) industrial warehouse buildings, site parking, landscaping/retention and other
site development features to meet A-1 zoning development standards. The Proposed Site Plan is
for ultimate buildout to a portion of Parcel 7 from the original site plan that depicted the site as
vacant at the time.
No Modifications to Stipulation 2
Current Language:
That right-of-way be dedicated, and adjacent to roadways improved in a manner consistent with
adopted plans at the time of subdivision/site plan approval, as approved by the Development
Services Department.
4
Comments:
All requirements for right-of-way dedication and improvements are still applicable and are part of
the site plan review process with the new proposed development.
Request to Modify Stipulation 3
Current Language:
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.
Landscaping shall be provided, within the right-of-way along the east side of 21st Avenue, with a
minimum 10’ landscape setback (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 Development Services Department.
Proposed Language Changes:
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. 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 (allows for driveway
access as shown on the site plan) (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 Development Services Department.
Final Proposed Stipulation Language:
Landscaping shall be provided, along 21st Avenue, with a minimum 10’ landscape setback
from the property line (allows for driveway access as shown on the site plan). The setback
area shall be dustproofed in an appropriate manner, as approved by Development Services
Department.
Rational:
The proposed language revisions are consistent with the Proposed Site Plan for warehouse
development. Landscaping was only to be provided on the east side of 21st Avenue, but the site
will include a 10’ wide landscaping area along this arterial to add to visual appeal along the site
frontage. Current zoning regulations for A-1 zoning would require a screening wall for loading
and unloading if the site is within 100 or 150 feet of a residential district. The Property is not within
150 feet of a residential district and is surrounded by A-1 zoned parcels with similar uses.
Therefore, a 6’ screening wall should not be required. Furthermore, the remnant parcel (APN 209-
5
03-294) as part of original rezone approval parcel 7 will still be subject to landscaping theming as
this parcel has the entryway along 23rd Ave. The subject Site does not have or propose access to
this arterial as the street alignment currently is not developed to this parcel as shown within the
current aerial on page 1.
No Modifications to Stipulation 4
Current Language:
That, the site be maintained in a dust and litter free condition, as approved by the Development
Services Department.
Comments:
The site will be maintained for dust to meet air quality standards and be free of junk, trash, and
debris. The new development proposal will include paved driveways, aisles, and parking areas to
limit any issues with dust control typically caused by inadequate surface materials.
No Modifications to Stipulation 5
Current Language:
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.
Comments:
The Site is part of a portion of Parcel 7 and will comply with all A-1 zoning development standards
where the proposed warehousing use is allowed in the A-1 zoning district.
Conclusion
The Site is ready to develop for industrial warehouse uses and seeks to amend stipulations
associated with the original zoning case that was approved over 20-years ago that included other
properties not currently a part of the Proposed Site Plan. The changes landscape setbacks adds to
the visual appeal and mitigation of disturbance to the surrounding area that is already industrial.
We appreciate your review and considerations of our request and look forward to continue working
with Phoenix staff to complete this project.
Sincerely,
TIFFANY & BOSCO, P.A.
6
William E. Lally
Mod
TC
Mod
TC
W PRIVATE
N PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
N PRIVATE
N 23RD AVE
N PRIVATE
N PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
W PARKSIDE LN
N 21ST AVE
A-1
C-2
A-1*
C-1 SP*
IND.PK.*
IND.PK.*
A-1*
Planning & Development Department
PHO-8-23--Z-195-81-1 Property Location: Approximately 730 feet south of the southwest corner of 23rd Avenue
and Parkside Lane
0
250
500
125
Feet ´
N 23RD AVE
W PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
N PRIVATE
N PRIVATE
N PRIVATE
N PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
W PRIVATE
W PARKSIDE LN
N 21ST AVE
A-1
C-2
A-1*
C-1 SP*
IND.PK.*
IND.PK.*
A-1*
mapservices@phoenix.gov
Planning & Development Department
PHO-8-23--Z-195-81-1 Property Location: Approximately 730 feet south of the southwest corner of 23rd Avenue
and Parkside Lane
0
250
500
125
Feet ´
26'
TYP.
NORTH 21ST AVENUE
INDUSTRIAL BLDG 2
FOOTPRINT 173,448 SF
CLR.HGT: 32'
40'
26'
OFFICE
OFFICE
OFFICE OFFICE
26'
LS SETBACK
11'
LS SETBACK
60'
MIN.
SETBACK
78'
89'
7'
SETBACK
85'
94'
26'
209-03-116
ZONING: A-1
209-03-117
ZONING: A-1
209-03-122A
ZONING: A-1
209-03-104B
ZONING: A-1
209-03-104A
ZONING: A-1
209-03-103
ZONING: A-1
209-03-100
ZONING: A-1
209-03-101
ZONING: A-1
209-03-102
ZONING: A-1
209-03-011A
ZONING: C-2
209-03-010A
ZONING: C-1
209-03-165
ZONING: A-1
209-03-166
ZONING: A-1
209-03-167
ZONING: A-1
209-03-200
ZONING: A-1
209-03-201
ZONING: A-1
209-03-170
ZONING: A-1
209-03-144
ZONING: A-1
209-03-098
ZONING: A-1
209-03-294
ZONING: A-1
50'
300'
30'
DRIVEWAY
40'
DRIVEWAY
100'
DRAINAGE
EASEMENT
50'
50'
50'
RETENTION
INDUSTRIAL BLDG 1
FOOTPRINT 46,803 SF
CLR.HGT: 28'
120'
12'
58'
140'
80'
26'
TYP.
26'
TYP.
402'
75'
9'
540'
40'
80'
80'
OFFICE
OFFICE
40'
RETENTION
50'
26'
TYP.
50'
N. 21st Ave
HWY 17
W. Parkside Ln
W. William A. Alter Way
N. 19th Ave
W. Williams Dr.
N. 23rd Ave
10.31.2022
PHX22-0153-00
Conceptual Site Plan
22750 N 21st Avenue
scheme: 02
Phoenix, AZ 85027
1
This conceptual design is based
upon a preliminary review of
entitlement requirements and on
unverified and possibly incomplete
site and/or building information, and
is intended merely to assist in
exploring how the project might be
developed.
Stormwater Management Design:
AVERAGE REGIONAL REQUIRED
PROVIDED
Boundary Source:
BROKER PLAN
VICINITY MAP
N
CITY OF PHOENIX
ADDRESS
: 22750 N. 21ST AVENUE
PHOENIX, AZ 85027
APN
: 209-03-295
: 209-03-293
ZONING
: A-1
SITE AREA
GROSS
: 15.28 AC
NET
: 14.92 AC
SITE DATA
1. DEVELOPMENT AND USE OF THIS SITE WILL CONFORM WITH ALL
APPLICABLE CODES AND ORDINANCES.
2. ALL NEW OR RELOCATE UTILITIES WILL BE PLACED
UNDERGROUND.
3. STRUCTURES AND LANDSCAPING WITHIN A TRIANGLE MEASURED
BACK 10' FROM THE PROPERTY LINE AND 20' ALONG THE
PROPERTY LINE ON EACH SIDE OF THE DRIVEWAYS ENTRANCES
WILL BE MAINTAINED AT A MAXIMUM HEIGHT OF 3'.
4. STRUCTURES AND LANDSCAPING WITHIN A TRIANGLE MEASURING
33'x33' ALONG THE PROPERTY LINES WILL BE MAINTAINED AT A
MAXIMUM HEIGHT OF 3'.
5. ANY LIGHTING WILL BE PLACED SO AS TO DIRECT LIGHT AWAY
FROM ADJACENT RESIDENTIAL DISTRICTS AND WILL NOT EXCEED
ONE FOOT CANDLE AT THE PROPERTY LINE. NO NOISE, ODOR, OR
VIBRATION WILL BE EMITTED AT ANY LEVEL EXCEEDING THE
GENERAL LEVEL OF NOISE, ODOR, OR VIBRATION EMITTED BY
USES IN THE AREA OUTSIDE OF THE SITE.
6. OWNERS OF PROPERTY ADJACENT TO PUBLIC RIGHTS-OF-WAY
WILL HAVE RESPONSIBILITY FOR MAINTAINING ALL LANDSCAPING
LOCATED WITHIN THE RIGHTS-OF-WAY, IN ACCORDANCE WITH
APPROVED PLANS.
7. ALL ROOFTOP EQUIPMENT AND SATELLITE DISHES SHALL BE
SCREENED TO THE HEIGHT OF THE TALLEST EQUIPMENT.
8. ALL SERVICE AREAS SHALL BE SCREENED TO CONCEAL TRASH
CONTAINERS, LOADING DOCKS,TRANSFORMERS, BACKFLOW
PREVENTERS AND OTHER MECHANICAL OR ELECTRICAL
EQUIPMENT FROM EYE LEVEL ADJACENT TO ALL PUBLIC
STREETS.
9. BARBED, RAZOR, OR CONCERTINA WIRE (OR SIMILAR) SHALL NOT
BE USED ON THIS SITE WHERE VISIBLE FROM PUBLIC STREETS
OR ADJACENT RESIDENTIAL AREAS.
10.ALL SIGNAGE REQUIRES SEPARATE REVIEWS, APPROVALS, AND
PERMITS. NO SIGNS ARE APPROVED PER THIS PLAN.
SITE PLAN NOTES
PANATTONI
Phone: (602) 677-5300
Contact: John DiVall
Email: Jdivall@panattoni.com
OWNER
WARE MALCOMB
2777 E. Camelback Rd. #325
Phoenix, AZ 85016
Phone: (480) 767-1001
Contact: Ben Squires
Email: bsquires@waremalcomb.com
ARCHITECT
1
2
173,448 SF
46,803 SF
220,251 SF
8,673 SF
2,340 SF
11,013 SF
209,238 SF
11,013 SF
14
PHO-8-23--Z-195-81
Proposed Conceptual Site Plan
Hearing Date: September 20, 2023
PHO-8-23--Z-195-81-1
Stipulated Site Plan (PHO-4-99)
Hearing Date: September 20, 2023