Attachment B - PHO Summary - PHO-1-21--Z-8-20-5.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: 4 DISTRICT 5 SUBJECT: Application #: PHO-1-21--Z-8-20-5 Location: Approximately 220 feet north of the northeast corner of 23rd Avenue and West Royal Palm Road Existing Zoning: R-3A Acreage: 3.24 Request: 1) Modification of Stipulation 1.b regarding pedestrian pathways for units on 23rd Avenue. 2) Deletion of Stipulation 1.c.i regarding front porches. 3) Deletion of Stipulation 1.c.ii regarding patios. 4) Deletion of Stipulation 3 regarding a detached sidewalk along 23rd Avenue. 5) Modification of Stipulation 3.a regarding trees along 23rd Avenue. 6) Modification of Stipulation 3.b regarding sidewalk tree shading. 7) Modification of Stipulation 4.i regarding lighting on a pedestrian thoroughfare. 8) Deletion of Stipulation 4.iii regarding landscaping along a pedestrian thoroughfare. 9) Deletion of Stipulation 6.a requiring a minimum 10 percent planting in the surface parking area. 10) Deletion of Stipulation 6.d regarding landscape planters. Applicant: Kenneth Losch Owner: Matthew R Luxenberg Family Trust Representative: Kenneth Losch ACTIONS Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended denial as filed and approval with modifications. Village Planning Committee (VPC) Recommendation: The North Mountain Village Planning Committee opted not to hear this request. Attachment B Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-8-20-5 Page 2 DISCUSSION This item was heard concurrently with Item #3 (PHO-1-21—Z-55-13-5) Kenneth Losch, representative, gave an overview of the subject property and noted the subject site for PHO-1-21—Z-55-13-5 would consist of approximately 78 total units and the subject site for PHO-1-21—Z-8-20-5 would consist of 82 total units that form one conceptual site plan for a total of 160 units. He stated that the density in the portion of the proposed site plan for PHO-1-21—Z-55-13-5 is approximately 16.67 dwelling units per gross acre. Lisa Nelson, representative with Terrascape Consulting, stated that the original rezoning case, Z-55-13-5, was stipulated to a site plan depicting a senior housing development. Mr. Losch stated that the stipulation modifications for PHO-1-21—Z-8-20-5 are related to the unique nature of the site and structural weight issues regarding proposed development above the underground parking garage. Ms. Nelson stated the original rezoning case proposed multi-level townhomes, but the results of a structural test on the underground parking garage showed the weight of those buildings would not be supported. She stated the new buildings placed on the parking structure would be built with lighter materials and include two story, 1-bedroom units to decrease the load. She stated the changes to that original plan resulted in the need for stipulation modifications. Ms. Nelson stated Stipulation 1.b regarding pedestrian pathways for units on 23rd Avenue would not be feasible due to the weight on the garage as well as safety issues that may come up by providing individual walkways over the open- air ventilation system. She stated Stipulations 1.c.i and 1.c.ii regarding front porches and patios are no longer applicable due to changes to the buildings to accommodate the weight issues. She stated that Stipulation 3 regarding a detached sidewalk along 23rd Avenue is not feasible due to an SRP water irrigation easement, fire hydrant locations, and safety issues related to the open- air ventilation system for the parking garage. Ms. Nelson stated the SRP irrigation pipe also restricts the ability to comply with Stipulation 3.a and 3.b regarding trees and sidewalk tree shading, but two reflective walk areas are proposed to provide additional amenities to pedestrians. She stated that a modification to Stipulation 4.i regarding lighting on a pedestrian thoroughfare and deletion to Stipulation 4.iii regarding landscaping along a pedestrian thoroughfare is proposed to allow for a lighted shade structure in place of the landscaping. She stated additional landscaping around that pathway would be difficult to accomplish due to the weight and depth constraints of the underground parking garage. She stated that Stipulations 6.a and 6.d regarding landscaping on surface parking are requested to be deleted because the parking deck does not qualify as surface parking. Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-8-20-5 Page 3 Regarding PHO-1-21--Z-55-13-5, Adam Stranieri, Planning Hearing Officer, noted that one piece of correspondence was submitted that expressed support for the development and the North Mountain Village Planning Committee did not wish to hear the request. He stated that the density for this portion of the site was approximately 16.67 dwelling units per acre for 39 duplex buildings, or 78 units overall, which is below the maximum density. He stated he is comfortable with the conceptual site plan, but has some hesitation stipulating the proposed elevations because they lack sufficient detail that would be relevant to a general conformance review. Regarding PHO-1-21--Z-8-20-5, Adam Stranieri, Planning Hearing Officer, noted that one piece of correspondence was submitted that expressed support for the development and the North Mountain Village Planning Committee did not wish to hear the request. He stated that Stipulation 1 appeared to reflect goals for the property at a time when the it was unknown exactly how this site may develop in the future. He noted that many conditions in this stipulation are not realistic in regard to this proposal due to the constraints the property has due to the proposed adaptive reuse of the underground parking garage. He stated that preservation of the parking garage should be a priority for the site as it allows a reduction in surface parking, covers and shades all parking, and allows a better layout. He stated the proposed modification for Stipulation 1.b regarding pedestrian pathways for units on 23rd Avenue was unclear and could be addressed by providing standard language to connect pathways to public sidewalks in the most direct route possible. He stated that providing porches and patios on 23rd Avenue does not seem feasible for the new proposed development due to the new building designs and deletion of Stipulations 1.c.i and 1.c.ii would be recommended. Mr. Stranieri stated that the requested deletion of Stipulation 3 regarding a detached sidewalk along 23rd Avenue would be recommended due to the multiple utilities adjacent to the current sidewalk, the need to retain the parking ventilation system, and other constraints. He stated that Stipulations 3.a and 3.b should be deleted, rather than modified as requested, because these stipulations provide guidance for the sidewalk setback referenced in Stipulation 3, which is also being deleted. He also noted that the reflective walk areas address some of the original intent regarding lighting and shade. Mr. Stranieri stated that modification of Stipulation 4.i regarding lighting on a pedestrian thoroughfare to provide a shade canopy with lighting makes sense, but he would propose a modification to allow flexibility to provide lighting in other locations along this pathway. He stated that constraints from the parking garage would justify the deletion of Stipulation 4.iii regarding landscaping along the pedestrian thoroughfare. Mr. Stranieri stated that deletion of Stipulation 6.a and 6.d are recommended to be denied because the parking garage is not considered surface parking, but the Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-8-20-5 Page 4 stipulations would remain in case the underground parking structure is removed, or other surface parking features were added. FINDINGS 1) The applicant’s request for modification of Stipulation 1.b is recommended for approval with a modification. The applicant noted that the area along 23rd Avenue features an open-air ventilation system for the underground parking lot. They noted that it is not feasible to provide numerous individual pathways that cross over the top of this ventilation system. Preservation of the existing underground garage is desirable as it reduces the impact of surface parking on the parcel. The applicant’s requested language references units connecting to an internal sidewalk that connects to the public sidewalk. This is unclear as it may not be possible to provide one sidewalk to achieve this goal and it does not specify the number of connections. The recommended modification reflects standard language requiring that buildings be connected to public sidewalks in the most direct route possible. The final configuration will be determined by staff in plan review. Staff should evaluate the feasibility of additional pedestrian pathway connections to the public sidewalk in addition to the required pathways at the main vehicular entrance gate. 2) The applicant’s request for deletion of Stipulations 1.c.i and 1.c.ii are recommended for approval with a modification. The conceptual elevations depict duplex units that are not fronting 23rd Avenue and are designed so that the building walls function as a perimeter wall. Conditions in both stipulations regarding connectivity to the public right-of-way are addressed in Stipulation 1.b. The recommended modification is to also include the deletion of Stipulation 1.c which states that the porches shall follow the criteria established in Stipulations 1.c.i and 1.c.ii. With the deletion of the sub-stipulations, there is no need to retain the parent stipulation. 3) The applicant’s request for deletion of Stipulation 3 is recommended for approval. The grade of the area between the property line and the beginning of the ventilation system for the underground garage slopes towards the interior of the property. Preservation of the existing underground garage is desirable as it reduces the impact of surface parking on the parcel. It is not feasible to provide the originally envisioned landscape strip, detached sidewalk, perimeter landscaping, and ventilation system in this limited area while preserving the underground garage. There are additional utility conflicts within this area that would further complicate attempts to implement this condition. 4) The applicant’s request for modification Stipulations 3.a and 3.b are recommended for denial as filed and approved to be deleted. These stipulations constitute the planting standards for the landscape strip Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-8-20-5 Page 5 intended to be provided adjacent to the detached sidewalk. With the recommendation to delete Stipulation 3 regarding the detached sidewalk, these stipulations are no longer relevant. The applicant’s requested modified language is unclear and the Zoning Ordinance contains existing standards for shading of public sidewalks and landscaping requirements for the perimeter of multifamily developments. Finally, given the recommendation for deletion of Stipulations 3, 3.a, and 3.b, Stipulation 3.c is also recommended to be deleted. This stipulation is a sub-stipulation of Stipulation 3 and does not have any relevance to remain in isolation. 5) The applicant’s request for modification of Stipulation 4.i is recommended for approval with a modification. The applicant’s requested language proposed that the lighting features be permitted in the open space area at the center of the pedestrian thoroughfare. This is consistent with the intent of the stipulation to accentuate this pathway with lighting and expands it to allow the lighting to be placed along the path and not only at the entrance. The recommended modification is to specify that lighting is permitted along the pedestrian thoroughfare and not solely in the designated open space. 6) The applicant’s request for deletion of Stipulation 4.iii is recommended to be approved. The stipulation requires a landscape area along the pedestrian thoroughfare identified in Stipulation 4. The applicant noted that on the south side of the thoroughfare location, there is drainage infrastructure key to the underground parking lot. Additionally, there are constraints regarding the ability to landscape this strip on either side since the ground surface is the parking deck. Stipulation 4.ii will remain to provide a requirement for shading along the thoroughfare. 7) The applicant’s request for deletion of Stipulations 6.a and 6.d are recommended to be denied. As proposed, the development will retain the existing underground parking garage. Therefore, the parking deck would not be considered a surface parking area and would not be subject to standards or guidelines regarding surface parking areas. This was correctly noted by the applicant in their narrative. However, if the underground garage is removed and the site redevelops with surface parking areas, these stipulations should remain or be reconsidered in the context of a relevant conceptual site plan. Therefore, the applicant’s requests to delete these stipulations are recommended to be denied. It should be noted that while not included in this request, this rationale would also extend to Stipulation 5 which addresses the setback and screening of surface parking from 23rd Avenue. 8) The subject property of this request constitutes a portion of a larger development plan that includes the parcel to the north. That parcel contains approximately 78 similar units in duplex buildings. For additional Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-8-20-5 Page 6 information, please see Case No. PHO-1-21--Z-55-13-5 which was also heard on this agenda. STIPULATIONS 1. For any subsequent phases of development beyond the adaptive reuse of the building depicted on the site plan date stamped March 27, 2020, the following stipulations shall apply, as approved or modified by the Planning and Development Department: a. The stipulations contained in Stipulation Nos. 2 through 15 shall also apply to any subsequent phases of development. b. CLEARLY DEFINED, ACCESSIBLE PEDESTRIAN PATHWAYS SHALL BE PROVIDED TO CONNECT BUILDING ENTRANCES, SITE AMENITIES, AND PUBLIC SIDEWALKS, USING THE MOST DIRECT ROUTE FOR PEDESTRIANS, AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. All units adjacent to 23rd Avenue shall have an individual pedestrian entrance oriented to the public street and be connected to the public sidewalk by a direct pedestrian pathway. c. All units adjacent to 23rd Avenue shall have a porch or patio, described as follows and as approved by the Planning and Development Department: i. Porches shall have a minimum dimension of six feet in depth by a width of no less than 50 percent of the total unit; be oriented to the public right-of-way; have a unit entrance; and have a direct pedestrian connection to the public sidewalk. ii. Patios shall have a minimum dimension of eight feet in depth by a width and a minimum size of 64 square feet; be enclosed on each side by a low wall or fence not to exceed 36 inches in height; be oriented to the public-right-of-way; have a unit entrance; and have a direct pedestrian connection to the public sidewalk. c. d. All garage doors shall be screened by buildings from the exterior of the site and have decorative embellishments such as window panels, color and added materials for the pillars surrounding the door. Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-8-20-5 Page 7 2. All elevations of the buildings shall contain architectural embellishments and detailing, such as textural changes, pilasters, offsets, recesses, variation in window size and location, and/or overhang canopies. 3. The public sidewalk along 23rd Avenue shall be detached with a minimum 5-foot-wide landscape area located between the sidewalk and back of curb and planted to the following standards, as approved by the Planning and Development Department. Where utility conflicts exist, the developer shall work with the Planning and Development Department on alternative design solutions consistent with a pedestrian environment. a. Large canopy, single-trunk shade trees shall be placed 25 feet on center or in equivalent groupings. Twenty-five percent of the required trees shall be a minimum 4-inch caliper and 75 percent shall be a minimum 3-inch caliper. b. At tree maturity, the trees shall shade the sidewalk to a minimum 75 percent. c. Drought tolerant shrubs and vegetative groundcovers with a maximum mature height of 24 inches to provide a minimum of 75 percent live coverage at maturity. 3. 4. The developer shall provide a pedestrian thoroughfare between the public sidewalk, and the required amenities contained in the first phase, as described below and as approved by the Planning and Development Department. i. A bollard light path, or lighted art feature, AND/OR A SHADE CANOPY WITH LIGHTING SHALL BE PROVIDED ALONG to accentuate the entrance of the pedestrian thoroughfare from the intersection with the public sidewalk. ii. The pedestrian thoroughfare shall be shaded to a minimum 75 percent by shade trees, vegetative trellis, and/or architectural shade. Trees shall be a minimum 2-inch caliper. iii. A minimum 5-foot-wide landscape area shall be provided along both sides of the pedestrian thoroughfare. In areas where the pedestrian thoroughfare passes between buildings, the landscape area may be reduced to 3 feet in width (or 6 feet on one side only). iii. iv. A maximum of two drive aisle crossings shall be permitted and where crossings occur, the pathway shall be constructed to visually contrast with the parking and drive aisle surfaces. Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-8-20-5 Page 8 4. 5. Surface parking shall be set back a minimum of 30-feet or screened 100 percent by buildings from 23rd Avenue, as approved by the Planning and Development Department. 5. 6. Surface parking areas shall include the below, as approved by the Planning and Development Department. a. A minimum 10 percent of the total surface parking and vehicular circulation area shall be vegetated. b. Landscape planters located at the end of each row of parking and approximately every 100 linear feet. c. Landscape planters shall be a minimum width of eight feet and a minimum 120 square feet for a single row of parking, and a minimum 240 square feet for a double row of parking. d. Landscape planters shall be planted with minimum five-gallon drought tolerant shrubs to achieve 75 percent ground cover. If trees are to be included, they shall be minimum 2-inch caliper shade trees. 6. 7. No solid perimeter wall greater than 36 inches in height, situated between the plane of the buildings and the 23rd Avenue right of way, shall be permitted. 7. 8. There shall be an average landscape setback of 25 feet measured from the east property line with the minimum setback being 5 feet. The landscape setback shall be planted with shade trees placed 20 feet on center or in equivalent groupings with 25 percent of the trees being a minimum 4-inch caliper and 75 percent being a minimum 3-inch caliper, as approved by the Planning and Development Department. 8. 9. The developer shall incorporate bicycle infrastructure as described below and as approved by the Planning and Development Department. a. A bicycle repair station (“fix it station”) shall be provided and be maintained near the southern-most vehicular access in an area of high visibility, convenient pedestrian access, and available from the public sidewalk. b. "Secure/Covered Facilities" and/or "Outdoor/Covered Facilities" shall be provided for residents at a rate of 0.25 spaces per dwelling unit, up to a maximum of 50 spaces. Appropriate facilities are defined in Appendix K or the Comprehensive Bicycle Master Plan. Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-8-20-5 Page 9 c. Artistic style bicycle racks with capacity for a minimum of six bicycles for guests shall be located near the primary entrance to the building depicted on the site plan date stamped March 27, 2020. The artistic racks shall adhere to the City of Phoenix Preferred Designs in Appendix K or the Comprehensive Bicycle Master Plan, as approved by the Planning and Development Department. 9. 10. A minimum of 10 percent of the gross project shall be retained as open space, exclusive of required landscape setbacks, which shall be shaded to a minimum 50 percent by minimum 2-inch caliper large canopy shade trees, as approved by the Planning and Development Department. 10. 11. The developer shall construct all streets within and adjacent to the development with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping and other incidentals, as per plans approved by the Planning and Development Department. All improvements shall comply with all ADA accessibility standards. 11. 12. In the event archaeological materials are encountered during construction, the developer shall immediately cease all ground disturbing activities within a 33-foot radius of the discovery, notify the City Archaeologist and allow time for the Archaeology Office to properly assess the materials. 12. 13. Prior to preliminary site plan approval, the landowner shall execute a Proposition 207 Waiver of Claims form. The Waiver shall be recorded with the Maricopa County Recorder’s 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.