Attachment C - Application - PHO-2-21--Z-59-08-3.pdf
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PLEASE RESPOND ELECTRONICALLY TO BRAD WYLAM 2ND FLOOR, 602-256-3322 To: Departments Concerned Date: July 19, 2021 From: Alan Stephenson Planning & Development Department Director Subject: P.H.O. APPLICATION NO. PHO-2-21--Z-59-08-3 – 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 August 18, 2021. 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 July 26, 2021. DISTRIBUTION Mayor’s Office (Lisa Fernandez), 11th Floor City Council (Matthew Heil), 11th Floor Aviation (Sheldon Daisley) CED (Michelle Pierson), 20th Floor Fire Prevention (Aaron Conway), 2nd Floor Light Rail (Joel Carrasco/Special TOD Only) Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor Parks & Recreation (Natasha Hughes), 16th Floor Public Transit (Kathryn Boris) Public Works (Ray Dovalina, Kristina Jensen, Elise Moore, Rudy Rangel), 5th Floor Street Transportation Department (Maja Brkovic, Alan Hilty, Chris Kowalsky), 5th Floor Street Transportation - Ped. Safety Coordinator (Mailen Pankiewicz), 5th Floor Water Services (Don Reynolds, Victor Romo), 8th Floor Planning and Development (Alan Stephenson, Joshua Bednarek), 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 (Tricia Gomes, Adam Stranieri, Brad Wylam), 2nd Floor Village Planner (Nick Klimek, North Mountain Village) Village Planning Committee Chair (Mr. Mike Krentz, North Mountain Village) Attachment C Request For: City of Phoenix PLANNING AND DEVELOPMENT DEPARTMENT APPLICATION FOR PLANNING HEARING OFFICER ACTION APPLICATION NO: PHO-2-21--2-59-08 Stipulation Modification Council District: 3 Reason for Request: Modification of Stipulation No. 1 regarding general conformance to the site Rian date stamped July 2, 2010. Deletion of Stipulation 1.b regarding multifamily unit density. Modification of Stipulation No. 3 regarding maximum height of assisted living and independent living facilities. Technical corrections to Stipulations 2.a, 2.b, 4, 5, and 7.a. Owner Palombo-Bell, LLC 144 W Palm Ln Phoenix AZ 85003 Applicant Phoenix Rehab Campuses 7144 Stetson Dr, Ste.C-200 Scottsdale AZ 85251 Representative Ryan Mahar, P.E. 618 E Route 66 Flagstaff AZ 86001 (520) 400-4111 mzipprich@arc-america.com (520) 400-4111 mzipprich@arc-america.com P: (928) 522-9287 F: r.mahar@cdeinc.org Property Location: Northeast corner of 19th Avenue and Cactus Road Zoning Map: K-7 Quarter Section: 31-24 Village: North Mountain Last Hearing: CC RATIFICATION APN: 159-03-001B Acreage: ...C.8-'-'-. 7....;;.6 __ Previous Opposition: No ------------------------------- Date of Original City Council Action: _1_2/_0_3_/2_0_0_8 __________________________ _ Previous PHO Actions: v0 v9/_1 v5/_2 v0 _10w03v0v0_P_ M _______________________ _ Zoning Vested: C-2 HGT/WVR DNS/WVR Supplemental Map No.: ______________________________ _ Planning Staff: _0 _75_8_9 _1 ___________________________ _ 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 $1,080.00 Fee Waived $0.00 Fee Date 06/24/2021 Receipt 21-0058666 Purpose Original Filing Fee Signature of Applicant: ______________________ _ DATE: Hearing Results Planning Hearing Officer Planning Commission Date: 08/18/2021 1000 AM Date: ----------- App ea I e d?: ___________ Appealed?: __________ _ Date: Action: Action: Action: -------- City Council ---------- ---------- 200 W Washington Street, 2nd Floor* Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793 PRIVATE W CACTUS RD W LARKSPUR DR N 20TH AVE N 21ST AVE N 20TH DR W COLUMBINE DR N 19TH AVE W RONALD RD W BLOOMFIELD RD Maricopa County Assessor's Office Planning & Development Department PHO-2-21--Z-59-08-3 Property Location: Northeast corner of 19th Avenue and Cactus Road 0 280 560 140 Feet ´ PRIVATE W CACTUS RD W LARKSPUR DR N 20TH AVE N 21ST AVE N 20TH DR W COLUMBINE DR N 19TH AVE W RONALD RD W BLOOMFIELD RD R1-10 R-3 C-2 C-2* C-2 HGT/WVR DNS/WVR R-4 R-3 R1-10 HL/WVR DNS/WVR PAD-14 R1-6 R-2* R-3A* Maricopa County Assessor's Office Planning & Development Department PHO-2-21--Z-59-08-3 Property Location: Northeast corner of 19th Avenue and Cactus Road 0 280 560 140 Feet ´ ENGINEERING SURVEY 1300 PHO-2-21--Z-59-08-3 Proposed Site Plan Hearing Date: 8/18/21 MOUNTAIN PRESERVE Rl-10 1 -- CliJY OF PHOENIX JUL O 2 2010 Planning Department PAD-14 I lQNINQ CASl:.iiH.UTifI 1 Yh..ɠa ɡ tG-,l.,"'di.f.r 0 : -- ----- - - ---- MOUNTAIN PRESERVE . _ .. ., . ɖ.ɗ-:= .. 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AZ850l8 602-952-8260p 602-952-89951 www.toOdm,oc.com < COMPlHION DATE • 03/24/20 lO l'rojMgr.DS Ow1i e-,,...,., Preliminary Site Plan Submittal ARCHITECTURAL CONCEPTUAL SITE PLAN A 1.1 PHO-2-21--Z-59-08-3 Stipulated Site Plan Hearing Date: 8/18/21 Planning Hearing Officer Summary of August 18, 2010 Application Z-59-08-3 Page 1 REPORT OF PLANNING HEARING OFFICER ACTION Mr. Larry Tom, Planner III, Hearing Officer Aracely Herrera, Planner I, Assisting August 18, 2010 ITEM 1 DISTRICT 3 SUBJECT: Application #: Z-59-08-3 Zoning: C-2 HGT/DNS/WVR AND R1-10 HL DNS/WVR Q.S. 31-25 Location: Northeast corner of 19th Avenue and Cactus Road alignment Acreage: 9.0 Request: 1) Modification of stipulation 1 regarding general conformance to the site plan date stamped July 27, 2008 2) Modification of stipulation 1.a regarding development above the 10% slope line 3) Modification of stipulation 1.c regarding multi-family units 4) Modification of stipulation 2.a regarding color palette of elevations 5) Modification of 2.b regarding materials 6) Modification of stipulation 3 regarding language pertaining to height allowed 7) Deletion of stipulation 4 regarding the R1-10 portion 8) Deletion of stipulation 5 regarding the layout of single family lots 9) Deletion of stipulation 6 regarding a preservation easement 10) Deletion of stipulation 7 regarding the location of the building envelopes 11) Modification of stipulation 11.a to clarify language regarding the cul-de-sac right-of-way 12) Technical corrections to Stipulations 1, 3, 4, 5, 6, 7, 8, and 9 Applicant: Joel Broder, Visiquest SBV, LLC Owner: Visiquest SBV, LLC Representative: Joel Broder, Visiquest SBV, LLC ACTIONS: Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended denial as filed, approval with modifications. Village Planning Committee (VPC) Recommendation: The North Mountain Village Planning Committee did not review this request. Planning Hearing Officer Summary of August 18, 2010 Application Z-59-08-3 Page 3 Mr. Broder then explained the modification to Stipulation 11.a. He mentioned that this stipulation required a dedication of 30 feet of right-of way to complete and match the cul-de-sac along the Cactus Road alignment or an abandonment of the right of way. He mentioned that it has been very difficult to work with the south property owner, and abandonment is not likely to happen. He also mentioned that the cul-de-sac serves no purposes and is currently barricaded. The Planning Hearing Officer noted that it is was a requirement to do street improvements and dedications, and if the developer was not able to improve the right of way then abandonment should be pursued. Mr. Broder suggested adding language to the stipulation to allow the Street Transportation Department to decide if those improvements were required. The Planning Hearing Officer agreed. Shelley McDonald, mentioned that she was a concerned member of the public and was not representing any organization. She mentioned that the developer should adhere to the original stipulations and follow the Hillside Ordinance. Kenneth Gometz, representing the Phoenix Mountain Preservation Council, mentioned that they had previously supported the project of Mr. Broder. However, the project has changed and the applicant shall be required to comply with the Hillside Ordinance. The Planning Hearing Officer asked the applicant what was the proposed development for the area shown as “future development” on the site plan. Mr. Broder explained that there was the potential for retail and medical offices. The Planning Hearing officer decided to deny the case as filed, and approve it with modifications. FINDINGS: 1. The original configuration, size and location of the building have changed. Therefore, it is appropriate to modify stipulation 1 to reflect the current site plan. 2. Stipulations 4, 5, 6 and 7 were deleted, as these stipulations no longer apply to the project. These stipulations pertained to the 29 acres that are now part of the Phoenix Mountain Preserve. 3. The site is located within hillside development area. Deletion of stipulation 1.a is appropriate, given that any development planned above the 10% slope line is governed by the Hillside Ordinance. Planning Hearing Officer Summary of August 18, 2010 Application Z-59-08-3 Page 4 DECISION: The Planning Hearing Officer recommended denial as filed, approval with modifications. STIPULATIONS: 1. That the C-2 portion of the development shall be in general conformance to the site plan date stamped July 27, 2008, JULY 2, 2010 as approved by the PLANNING AND Development Services Department, with specific regard to: a. Location of assisted living and independent living facilities below the 10% slope line b.a. Pedestrian linkages between buildings on site, to the adjacent commercial property, and to the transit stop on 19th Avenue. c.b. The number of multi-family 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 be 3 stories, 40 feet as approved by the PLANNING AND Development Services Department. 4. That the R1-10 portion of the development shall be in general conformance to the site plan date stamped September 3, 2008, as approved by the PLANNING AND Development Services Department, with specific regard to: a. Location of proposed single family parcels. b. The number of units shall not exceed 15. 5. That the single family lots shall conform to the layout, gradable area and corresponding topographic elevations noted on Exhibit A, Gradable Area Analysis, date stamped September 3, 2008, as approved by the PLANNING AND Development Services Department. Planning Hearing Officer Summary of August 18, 2010 Application Z-59-08-3 Page 5 6. That the developer shall dedicate a preservation easement (or common tract) on the remainder of the hillside area beyond the lot limits depicted on Exhibit A, Gradable Area Analysis, date stamped September 3, 2008, as approved by the PLANNING AND Development Services Department. 7. That the location of the building envelopes on the lots shall relate to the existing vegetation on the site and shall be based on a landscape inventory plan as approved by the PLANNING AND Development Services Department. 8. 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. 9. 5. That disturbed areas of the site shall be re-vegetated with plant materials similar to the plant palette of the surrounding area, as approved by the PLANNING AND Development Services Department. 10. 6. That the two billboards on the site shall be removed prior to the issuance of building permits. 11. 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. 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 ANY ARCHAELOGICAL 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. 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. Contact Nici Wade at Voice/602-495-0256 or the City TTY Relay 602-534-5500.