Attachment C - PHO Summary - PHO-1-21--Z-43-08-7.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: 5 DISTRICT 7 SUBJECT: Application #: PHO-1-21--Z-43-08-7 Location: Northwest corner of 79th Avenue and Encanto Boulevard Existing Zoning: C-2 HGT/WVR DNS/WVR Acreage: 15.32 Request: 1) Modification of Stipulation 1 regarding general conformance to the site plan date stamped April 18, 2008. 2) Modification of Stipulation 2 regarding general conformance to the elevations date stamped April 18, 2008. Applicant: Adam Baugh, Withey Morris PLC Owner: 79th Avenue & Encanto LLC Representative: Adam Baugh, Withey Morris PLC ACTIONS Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended approval with additional stipulations. Village Planning Committee (VPC) Recommendation: The Maryvale Village Planning Committee heard this request on August 11, 2021 and recommended approval with additional stipulations by a vote of 9-0. DISCUSSION Adam Baugh, representative with Withey Morris, gave an overview of the surrounding area and original stipulated site plan. He stated that the proposed conceptual site plan would increase housing diversity within the Village Core and proposes two-story townhomes on the west side of the development with three- story multifamily apartment buildings on the east. He stated that the site plan includes 302 total units, which would be less than the 382 units depicted on the original site plan. He stated the density would also decrease from 22.54 to 19.78 dwelling units per gross acre. He stated the Maryvale Village Planning Committee (VPC) recommended unanimous approval, and Gene Derie, Attachment C Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-43-08-7 Page 2 Maryvale VPC member, recommended the addition of 3 additional stipulations which are similar to the Street Transportation Department’s recommendation. Adam Stranieri, Planning Hearing Officer, stated that there was no public correspondence and reviewed the VPC recommendation regarding the recommended additional stipulations. He recommended adoption of the Street Transportation Department stipulations as they were inclusive of the Village’s recommendation and included additional detail and infrastructure requirements. He stated the conceptual site plan exceeded Ordinance standards and is appropriate for the location. He reviewed the proposed conceptual elevations and stated there is a variety of architectural details. He noted that the building heights for the townhomes are listed at 27 feet but there were no stated heights for the apartment buildings. Garrett Seely, representative, noted the apartment height is 30 feet. Mr. Stranieri asked if the applicant would be comfortable with a maximum height of 35 feet for apartments and 30 feet for the townhomes; Mr. Seely and Mr. Baugh agreed. FINDINGS 1) The stipulated site plan depicted a traditional multifamily apartment complex consisting of 382 units at a density of 22.54 dwelling units per gross acre. Building heights ranged from 2 to 3 stories and a maximum height of 48 feet. Proposed open space consisted of approximately 12.7% of the net site area. The proposed conceptual site plan proposes 302 units at a density of 19.78 dwelling units per gross acre. The units comprise a mix of multifamily apartment-style units (144 units) and townhomes (158 units). Building height is not depicted (See Finding #2). Proposed open space consists of approximately 10.4% which remains more than twice the Ordinance requirement. The apartment-style units are located near the intersection of 79th and Encanto Road along the exterior property lines. The townhome units are located primarily to the north and west of the site along the interior property lines. The use, scale, and intensity of the proposal is compatible with development in the surrounding area and with goals of the Maryvale Village Core Plan which recommends diversifying housing options and infill development in the Core. General conformance to the proposed plans is recommended. 2) The original rezoning case did not establish an individual stipulation on building height. However, the stipulated site plan did state the proposed building height was 2 to 3 stories and a maximum height of 48 feet. The stipulated elevation was more detailed and depicted 36 feet for three-story Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-43-08-7 Page 3 buildings and 24 feet for two-story buildings. The staff report in the original rezoning action also indicated that the applicant’s intent was for development compliant with R-3A standards. Building height is not depicted on the conceptual site plan for either the apartment-style or townhome units. Building height on the conceptual elevations is provided only for the townhomes and is approximately 27- feet to the top of parapet. Therefore, two new sub-stipulations are recommended to be added to Stipulation 1 to address building height. A 40-foot maximum height for apartment-style units is consistent with the intent to provide development compliant with R-3A standards and is more restrictive than the original proposal. A 30-foot maximum height for townhome units is compatible with the applicant’s conceptual elevations. These stipulations will also help to ensure that the original density waiver is clearly defined. 3) The conceptual elevations depict a variety of architectural details and features such as patios, pop outs and recesses, varied roofline, multiple building colors, shade canopies, and multiple building materials. General conformance is recommended. 4) The Street Transportation Department recommended five additional stipulations. The first three stipulations address right-of-way dedications, sidewalks, planting, and related easements along 79th Avenue and Encanto Boulevard. These recommendations are consistent with both the Maryvale Core Plan and other recent improved cases in the surrounding area and along these particular streets. Further, these three stipulations are consistent with, but provide a greater level of detail than, the recommendation from the Maryvale Village Planning Committee. The fourth stipulation establishes a shading requirement consistent with goals in the Maryvale Core Plan to promote a pedestrian friendly environment in this central location within the Village Core and other City policies, such as the Tree and Shade Master Plan and General Plan, which promote walkability and thermal comfort for pedestrians. The fifth stipulation is technical in nature and addresses relocation of irrigation facilities. All five stipulations are recommended for adoption. 5) The site is identified as archaeologically sensitive and two additional stipulations are recommended to be included to address requirements for archaeological survey and testing. STIPULATIONS 1. That The development shall be in general conformance to WITH the site plan date stamped JUNE 18, 2021, April 18, 2008 with specific regard to the total number of units and the location of the two and three-story units Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-43-08-7 Page 4 and with a minimum 1,500 square foot swimming pool and the addition of a minimum 400 square foot children’s “splash area” with water jet features or a minimum 1,900 square foot swimming pool as approved or modified by the PLANNING AND Development Services Department, AND WITH SPECIFIC REGARD TO: a. THE MULTIFAMILY APARTMENT-STYLE UNITS ARE LIMITED TO A MAXIMUM HEIGHT OF 35 FEET. b. THE TOWNHOME UNITS ARE LIMITED TO A MAXIMUM HEIGHT OF 30 FEET. 2. That The development shall be in general conformance to WITH the elevations date stamped JUNE 18, 2021, April 18, 2008 as approved or modified by the PLANNING AND Development Services Department. 3. THE DEVELOPER SHALL DEDICATE A MINIMUM OF 50 FEET OF RIGHT-OF-WAY AND A MINIMUM 18-FOOT-WIDE PUBLIC SIDEWALK EASEMENT ALONG THE WEST SIDE OF 79TH AVENUE, INCLUDING A MINIMUM 8-FOOT WIDE DETACHED SIDEWALK, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. THE STREETSCAPE ZONE SHALL BE CONSISTENT WITH THE MARYVALE CORE PLAN “TRANSIT AVENUE CROSS SECTION”. 4. THE DEVELOPER SHALL DEDICATE A MINIMUM OF 50 FEET OF RIGHT-OF-WAY AND A MINIMUM 2-FOOT-WIDE PUBLIC SIDEWALK EASEMENT ALONG THE NORTH SIDE OF ENCANTO BOULEVARD, CONSISTENT WITH THE MARYVALE VILLAGE CORE PLAN, AND AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. THE STREETSCAPE ZONE SHALL BE CONSISTENT WITH THE MARYVALE CORE PLAN “BICYCLE AVENUE CROSS SECTION”. 5. THE DEVELOPER SHALL CONSTRUCT A MINIMUM 2-FOOT-WIDE LANDSCAPE STRIP FROM THE EXISTING FACE OF CURB WITH AN ADJACENT AT-GRADE, CONCRETE, MINIMUM 6-FOOT-WIDE ACTIVE TRANSPORTATION PATH, AND AN ADJACENT MINIMUM 6-FOOT- WIDE LANDSCAPE STRIP AND MINIMUM 8-FOOT WIDE DETACHED SIDEWALK BEHIND THE ACTIVE TRANSPORTATION PATH ALONG THE NORTH SIDE OF ENCANTO BOULEVARD, CONSISTENT WITH THE MARYVALE VILLAGE CORE PLAN, AND AS APPROVED BY THE STREET TRANSPORTATION DEPARTMENT. 6. THE DEVELOPER SHALL PROVIDE SHADE TREES ALONG BOTH SIDES OF THE SIDEWALK TO ACHIEVE 75 PERCENT SHADE AT Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-43-08-7 Page 5 MATURITY, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 7. IRRIGATION FACILITIES ALONG 79TH AVENUE SHALL BE UNDERGROUNDED AND RELOCATED OUTSIDE OF CITY EXISTING AND/OR PROPOSED RIGHT-OF-WAY. CONTACT SRP TO IDENTIFY EXISTING LAND RIGHTS AND ESTABLISH AN APPROPRIATE PROCESS TO RELOCATE FACILITIES. RELOCATIONS THAT REQUIRE ADDITIONAL DEDICATIONS OR LAND TRANSFER SHALL REQUIRE COMPLETION PRIOR TO OBTAINING PLAT AND/OR CIVIL PLAN REVIEW APPROVAL. 8. IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA TESTING AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT OF THE DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY THE CITY ARCHAEOLOGIST PRIOR TO CLEARING AND GRUBBING, LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL. 9. IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW OF THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY EXCAVATIONS. 10. 3. That In the event archaeological materials are encountered during construction, the developer shall immediately cease all ground disturbing activities within a 33-foot radius of that discovery, notify the City Archaeologist, and allow time for the Archaeology Office to properly assess the materials. 11. 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. Planning Hearing Officer Summary of August 18, 2021 Application PHO-1-21—Z-43-08-7 Page 6 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.