Attachment B - PHO Summary - PHO-1-21--Z-55-13-5.pdf

City of Phoenix — Formal (2021-09-15)

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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: 3 
 
 
DISTRICT 5 
SUBJECT: 
 
 
 
Application #: 
PHO-1-21--Z-55-13-5 
Location: 
Southeast corner of 23rd Avenue and El Caminito Drive 
Existing Zoning:  R-3A 
Acreage:  
4.98 
Request: 
1) Modification of Stipulation 1 regarding site plan and 
elevations date stamped November 19, 2013. 
Applicant: 
Kenneth Losch 
Owner: 
 
Landon Lux Lofts LLC 
Representative: 
Kenneth Losch 
 
ACTIONS 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification. 
 
Village Planning Committee (VPC) Recommendation: The North Mountain 
Village Planning Committee opted not to hear this request. 
 
DISCUSSION 
 
This item was heard concurrently with Item #4 (PHO-1-21—Z-8-20-5) 
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 
Attachment B

Planning Hearing Officer Summary of August 18, 2021 
Application PHO-1-21—Z-55-13-5 
Page 2 
 
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. 
 
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

Planning Hearing Officer Summary of August 18, 2021 
Application PHO-1-21—Z-55-13-5 
Page 2 
 
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 
stipulations would remain in case the underground parking structure is removed, 
or other surface parking features were added. 
 
FINDINGS 
 
1) The proposed conceptual site plan depicts a multifamily residential 
development consisting of 39 attached duplexes and approximately 78 
total units (some units are split by the zoning line along the south property 
line).  Density is approximately 16.67 dwelling units per gross acre.  The 
duplex buildings are approximately two stories and 28’ 11/5” in height.  
The scale and intensity of this development is compatible with land uses in 
the surrounding area.  General conformance to the site plan is 
recommended. The proposed conceptual elevations depict the two-story 
duplex buildings.  Architectural details include two window sizes, two 
building materials, and a pitched roof.  However, these elevations lack 
sufficient detail to recommend general conformance such as information 
regarding building materials, pop outs or architectural relief, variation in 
color, additional façade details, etc.  Further, these elevations may fail to 
meet existing Zoning Ordinance design guidelines and may need to be

Planning Hearing Officer Summary of August 18, 2021 
Application PHO-1-21—Z-55-13-5 
Page 2 
 
revised.  General conformance to these elevations is not recommended 
and the applicant should continue to refine these conceptual designs 
through the plan review process.  Therefore, the applicant’s request is 
recommended to be approved with a modification to remove the general 
conformance requirement to the proposed conceptual elevations.  
 
2) The subject property of this request constitutes a portion of a larger 
development plan that includes the parcel to the south.  That parcel 
contains approximately 20 similar units in the duplex arrangement as well 
as 62 additional loft units being developed in an adaptive reuse of the 
existing office building on this site.  For additional information, please see 
Case No. PHO-1-21--Z-8-20-5 which was also heard on this agenda. 
 
STIPULATIONS 
 
1. 
The development shall be in general conformance with the site plan and 
elevations date stamped JULY 2, 2021 November 19, 2013, as approved 
by the Planning and Development Department. 
 
 
2. 
The applicant shall update all existing off-site street improvements 
(sidewalks, curb ramps and driveways) that do not meet current ADA 
guidelines, as approved by the Planning and Development Department. 
 
 
3. 
That 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 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.