Attachment B - PHO Summary - PHO-2-21--Z-59-08-3.pdf
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REPORT OF PLANNING HEARING OFFICER ACTION Adam Stranieri, Planner III, Hearing Officer Bradley Wylam, Planner I, Assisting August 18, 2021 ITEM NO: 2 DISTRICT 3 SUBJECT: Application #: PHO-2-21--Z-59-08-3 Location: Northeast corner of 19th Avenue and Cactus Road Existing Zoning: C-2 HGT/WVR DNS/WVR Acreage: 8.76 Request: 1) Modification of Stipulation No. 1 regarding general conformance to the site plan date stamped July 2, 2010. 2) Deletion of Stipulation 1.b regarding multifamily unit density. 3) Modification of Stipulation No. 3 regarding maximum height of assisted living and independent living facilities. 4) Technical corrections to Stipulations 2.a, 2.b, 4, 5, and 7.a. Applicant: Phoenix Rehab Campuses Owner: Palombo-Bell LLC Representative: Ryan Mahar P.E. ACTIONS Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended denial as filed and approval with a modification and additional stipulations. Village Planning Committee (VPC) Recommendation: The North Mountain Village Planning Committee opted not to hear this request. DISCUSSION Michael Zipprich, Phoenix Rehab Campuses owner, gave an overview of the proposed development and the activities and treatments that occur in each area on the conceptual plans. He stated the location of the full continuum-of-care facility would be in a good location to address issues in the surrounding community. Ryan Mahar, representative, stated a modification to Stipulation 1 regarding general conformance to the site plan would be needed and noted that the site plan that Mr. Zipprich presented was revised after the original submittal. He stated that the new site plan is an improvement to the site and that by implementing multiple smaller buildings, they can decrease the amount of Attachment B Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21 – Z-59-08-3 Page 2 encroachment on the hillside. He stated that the other two stipulation modifications are made because the stipulations are not relevant to their development. Adam Stranieri, Planning Hearing Officer, noted that the applicant recently attended an abandonment hearing regarding right-of-way for 19th Avenue. Mr. Mahar stated that a 30-foot-wide easement ran through the site, but 19th Avenue curves to the west at the northern portion of the property. He stated that the City requested a portion of the site be dedicated to the City to address a bus stop and other utilities. He stated the hearing resulted in the need for the new site plan resubmitted on August 13, 2021 to adjust the location of some buildings along 19th Avenue. Mr. Stranieri noted one public comment was submitted from a resident in the surrounding area that had concerns about transients in the surrounding area and encroachment on the mountain. He gave an overview of the site plan and stated he appreciates the broken-up development that creates a campus environment. He stated the outdoor recreational activities are in a good spot to allow minimal encroachment on the hillside for the rest of the development. He stated the development is compatible with other developments in the area. Stacia Hurst, resident of the nearby Sunnyslope neighborhood, inquired about the location of rehabilitation facilities. She stated members her neighborhood group are opposed to the location of the development. Mr. Stranieri noted that the hearing is not a zoning case and the use in question is allowed in the C-2 zoning district. Ms. Hurst stated that the Sunnyslope area is saturated with uses like this and that she hopes future developments provide help to the community. Mr. Zipprich stated the location of this rehabilitation center will provide a central care location that will help the surrounding community. Mr. Stranieri noted that Stipulation 1.b includes the requirement that defines the limit of the density waiver, which allows 26 dwelling units per acre. He stated that he agreed with the rationale that the proposed development does not include independent living facilities that factor into density, but that removing the stipulation would not be advised in order to address density if the site were to develop with residential uses in the future. He stated that a similar rationale applied to Stipulation 3 as well and he would not recommend removing height restrictions on independent living to address future development proposals including this use. He stated an additional stipulation was requested by the Street Transportation Department regarding access to Cactus Road and intersection improvements at the intersection of Cactus Road and 19th Avenue. FINDINGS 1) The proposed site plan depicts a campus development integrating a variety of health and treatment uses. Services include mental and Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21 – Z-59-08-3 Page 3 behavioral health, substance abuse treatment, medical detox, residential treatment centers, outpatient treatment, sober living, dining facilities, administrative offices, and amenities for patients and residents. Amenities include hiking trails, yoga space, basketball courts, volleyball courts, and gazebos on the east portion of the site against the hillside. There is also a large pool in the center of the site. Total lot coverage is approximately 44%. Building heights range from 20 feet 7 inches to 30 feet 6 inches. The scale, intensity, and land use of the proposal is compatible with the surrounding area. General conformance to the proposed site plan is recommended. 2) The applicant requested to delete Stipulation 1.b which establishes a maximum density for multifamily residential units at 26 dwelling units per gross acres. This stipulation was established in the original rezoning case which proposed a combination of assisted living, independent living, and single-family residential. The density cap was established as a component of the density waiver to address the proposed independent living units and permit a density comparable to the R-3A zoning district. This density exceeded the density of the R-3 zoning district which is permitted by right in the C-2 zoning district. The applicant argued that their project does not contain multifamily units and the stipulation should be deleted. However, multifamily residential uses are permitted by right in the subject property’s C-2 HGT/WVR DNS/WVR zoning and it would not be appropriate to delete the unit cap that defines the limit of the density waiver. If the applicant does not build multifamily units, this stipulation would not apply and may remain. The stipulation will continue to control future proposals for multifamily uses on the site. The applicant’s request is recommended for denial. 3) The applicant requested to modify Stipulation 3 which limits the maximum height of assisted living and independent living facilities to a maximum of 3 stories and 40 feet. This stipulation was established in the original rezoning case which proposed a combination of assisted living, independent living, and single-family residential. The height limitation was established as a component of the height waiver to address the land uses and height limits that the waiver applied to. The applicant argued that as their project does not contain independent living units, the reference to this use should be removed. However, independent living uses are permitted by right in the subject property’s C-2 HGT/WVR DNS/WVR zoning and it would not be appropriate to delete a portion of the height limitation that defines the height waiver. If the applicant does not build independent living units, this stipulation would not apply and may remain. The stipulation will continue to control future Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21 – Z-59-08-3 Page 4 proposals for independent living projects on the site. The applicant’s request is recommended for denial. 4) The Street Transportation Department recommended an additional stipulation noting that if access is proposed to Cactus Road, the developer shall submit a traffic signal modification for the intersection of 19th Avenue and Cactus Road and will be responsible for the intersection (street type access), ADA, and traffic signal modifications needed to activate the eastside of the intersection. This stipulation is recommended to be adopted. STIPULATIONS 1. That The C-2 portion of the development shall be in general conformance to WITH the site plan date stamped AUGUST 13, 2021 July 2, 2010, as approved by the Planning and Development Services Department, AND with specific regard to: a. Pedestrian linkages between buildings on site, to the adjacent commercial property, and to the transit stop on 19th Avenue. b. The number of multifamily units shall not exceed 26 dwelling units per acre. 2. That All structures on the C-2 and R1-10 portions of the site shall have buildings which: a. Possess a color palette similar to the adjacent hillside area of Shaw Butte, as approved by the Planning and Development Services Department. b. Have materials and finishes similar of the adjacent hillside area of Shaw Butte, as approved by the Planning and Development Services Department. 3. That The maximum height of the assisted living and independent living facilities in the C-2 portion of the site shall not exceed 3 stories, 40 feet, as approved by the Planning and Development Services Department. 4. That Any exposed cut slopes, retaining walls or disturbance of the hillside area shall be stained or treated to blend with the surrounding natural desert, as may be approved by the Planning and Development Services Department. Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21 – Z-59-08-3 Page 5 5. That Disturbed areas of the site shall be revegetated with plant materials similar to the plant palette of the surrounding area, as approved by the Planning and Development Services Department. 6. That The two billboards on the site shall be removed prior to the issuance of building permits. 7. Streets a. That Unless an abandonment is granted for the south portion of Cactus Road, right-of-way totaling 30 feet shall be dedicated for the north half of Cactus Road to match the south half (cul-de-sac), as approved or modified by the Planning and Development Services Department. b. That Right-of-way totaling 65 feet shall be dedicated for the east half of 19th Avenue. c. IF ACCESS IS PROPOSED TO CACTUS ROAD, THE DEVELOPER SHALL SUBMIT A TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF 19TH AVENUE AND CACTUS ROAD AS APPROVED BY THE STREET TRANSPORTATION DEPARTMENT. THE DEVELOPER SHALL BE RESPONSIBLE FOR THE INTERSECTION (STREET TYPE ACCESS), ADA, AND TRAFFIC SIGNAL MODIFICATIONS NEEDED TO ACTIVATE THE EAST SIDE OF THE INTERSECTION, AS APPROVED OR MODIFIED BY THE STREET TRANSPORTATION DEPARTMENT. d. c. That The developer shall construct all streets within and adjacent to the development with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other incidentals as per plans approved by the City. Any existing improvements that do not comply with ADA accessibility standards shall be replaced. 8. That If any archaeological materials are encountered during construction, all ground disturbing activity shall cease within 10 meters of the discovery and the City Archaeology Office shall be notified and allowed time to properly assess the materials. 9. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM APPROVED BY THE CITY ATTORNEY'S OFFICE. THE WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY RECORDER'S Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21 – Z-59-08-3 Page 6 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, Tamra Ingersoll at voice number 602-534-6648 or TTY use 7-1-1.