Attachment B - PHO Summary - PHO-2-21--Z-45-12-7.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: 7 DISTRICT 7 SUBJECT: Application #: PHO-2-21--Z-45-12-7 Location: Southwest corner of 67th Avenue and Broadway Road Existing Zoning: C-2 Acreage: 14.72 Request: 1) Modification of Stipulation 1 regarding general conformance with the site plans date stamped October 24, 2012 and September 13, 2018. 2) Modification of Stipulation 2 regarding a minimum of 16% open space. 3) Modification of Stipulation 3 regarding a maximum of 140 lots. 4) Deletion of Stipulation 5 regarding a sidewalk/pedestrian path between pads. 5) Modification of Stipulation 14 regarding construction of streets. 6) Modification of Stipulation 16 regarding right of way and a bus pad on eastbound Broadway Road west of 67th Avenue. Applicant: William E. Lally, Tiffany & Bosco P.A. Owner: DNZ Holdings LLC Representative: William E. Lally, Tiffany & Bosco P.A. ACTIONS Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended denial as filed and approval with modifications. Village Planning Committee (VPC) Recommendation: The Estrella Village Planning Committee opted not to hear this request. DISCUSSION William Lally, representative with Tiffany & Bosco, gave an overview of the original rezoning case. He reviewed the proposed conceptual site plan noting that it depicts 162 single-story bungalow-style units at a density of 12.69 dwelling units per gross acre which is below the R-3 standards. He stated the additional Attachment B Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21—Z-45-12-7 Page 2 modifications are due to the change of use from commercial to multifamily residential. He stated the modification of the bus stop pad location along Broadway Road would allow for better flow of traffic. Lisa Perez, Estrella Village Planning Committee member, stated that traffic near the intersection of 67th Avenue and Broadway Road has increased recently due to the development of many nearby properties within the city and county. She gave a summary of the previous PHO case that established some of the current stipulations on the site. She stated that the site was originally intended to be commercial and that the proposed residential development would create different levels of traffic than originally envisioned. Mr. Lally stated that the site was originally supposed to be a commercial development, but the owner never got any interest for commercial uses on the site. He stated that the traffic concerns would be alleviated over time as density increases in the area and roads are fully built out. He stated that there wouldn’t be additional intensity to the area that wouldn’t already exist due to the recent developments. Adam Stranieri, Planning Hearing Officer, noted Lisa Perez also submitted public comment with many of the concerns she addressed at the hearing. He noted he also received one other comment regarding concerns with a potential excess of housing in the area. He stated that the proposed conceptual site plan is more restrictive than the R-3 development standards and depicts single-story units at a density of 12.69 dwelling units per gross acre. He stated that Stipulation 1 regarding general conformance with the site plan included language referencing both the commercial and residential portions of the site, which would be modified to reference the proposed conceptual site plan only. He stated that Stipulation 2 regarding 16% open space was referencing the residential portion of the original rezoning case. He stated that open space was not depicted on the proposed conceptual site plan and that a modification to 5%, which is the Ordinance standard, would not be recommended. Mr. Lally stated that the open space would exceed 5% because the amenity in the center of the development is approximately 5% and noted that they would be comfortable with a stipulated 7% open space. Mr. Stranieri stated the modification request for Stipulation 3 regarding a maximum number of lots would be adequately controlled by the general conformance standard and he would propose to delete the stipulation. He stated he would recommend deleting Stipulation 5 as requested because the commercial development is no longer being proposed. He stated that modification of Stipulation 14 regarding construction of streets would not be recommended. Mr. Lally expressed concern that the stipulation could be construed to require that all referenced requirements are implemented on both public and private streets. Mr. Stranieri stated the stipulation is standard language and would not create confusion among staff. He noted that the stipulation is inclusive of improvements that may not be required in all cases and Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21—Z-45-12-7 Page 3 that staff would appropriately determine the relevant improvements required for the particular streets in this case and their classification as either public or private rights-of-way. Mr. Stranieri stated the Public Transit Department does not support the proposed modification to Stipulation 16 regarding the location of the bus bay. He stated that the request could not be approved as requested because the proposed modification would require off-site improvements that would impact unrelated properties/property owners. He stated the Public Transit Department reaffirmed the location of the bus bay on the subject property in this request in their review comment as well and that he would recommend denying this request per this Department’s request. FINDINGS 1) The proposed conceptual site plan depicts a 162-unit multifamily residential development consisting of single-story bungalow-style residences. The proposed density is 12.69 dwelling units per gross acre, which is less than the 17.4 dwelling units per gross acre permitted in the R-3 PRD development option with bonus points. The single-story design is less than the two stories and 30 feet permitted in the R-3 PRD development option. The proposed residences are detached stand-alone units rather than a traditional multifamily apartment complex. The scale and intensity of the proposal is appropriate for its location at the intersection of two arterial streets and contributes to housing diversity in the surrounding area. The applicant’s request for modification is recommended for approval with a modification. The modification is to remove references to the commercial versus residential portions of the site. The reference to the “residential portion” in the existing stipulation refers to the approximately 36.88 gross acres of R1-6 zoned property to the west and south of the subject property. Further, the “commercial portion” is the subject property which is now proposed to develop with a residential use. This distinction is not necessary and the “residential portion” remains subject to the stipulations of Rezoning Case No. PHO-1-18--Z-45-12. 2) The applicant’s request to modify Stipulation 2 regarding a minimum of 16% open space is recommended for approval with a modification. The 16% open space in the original stipulation was intended to apply solely to the proposed open space on the Meritage property to the west and south. That property is not part of this request and will remain stipulated to this requirement unless modified through a public hearing process. The applicant noted during the hearing that they could provide a minimum 7% open space. This proposal is a 40% increase over the Ordinance requirement and is compatible with the stipulation’s intent to provide enhanced open spaces. Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21—Z-45-12-7 Page 4 3) The applicant requested to modify Stipulation 3 which established a maximum unit cap of 140. Rezoning Case No. Z-45-12-7 originally established this unit cap at 135 units. This unit cap was intended to apply solely to the approximately 36.88 gross acres of R1-6 zoned property to the west and south of the subject property in this PHO action, which was also part of this case area. This unit cap was adjusted from 135 to 140 in Rezoning Case No. PHO-1-18--Z-45-12 to accommodate a revised site plan. This revised unit cap was also intended to apply solely to the R1-6 area as described above. The applicant requested to modify the unit cap from 140 to 310. Their stated intent was to combine the existing approved 140 units with the 162 units depicted on the proposed site plan and an additional 8 units to allow flexibility in the final design. However, the subject property of this PHO request is limited to the approximately 14.72 gross acres of C-2 zoned property located at the northeast portion of the original rezoning area in Z- 45-12. It would not be appropriate to account for the R1-6 zoned area’s approved units in this PHO action. The R1-6 zoned area will remain stipulated to the 140-unit cap. Further, the conceptual site plan depicts 162 units at a density of approximately 12.69 dwelling units per gross acre. This density is below the hypothetical 17.4 dwelling units per gross acre permitted in the R-3 PRD development option by right with bonus points. The general conformance requirement in Stipulation 1 will control deviation from this proposed density. A significant change in density may require additional stipulation modifications. Therefore, the applicant’s request is recommended for denial as filed and the stipulation deleted. 4) The applicant’s request for deletion of Stipulation 5 is recommended to be approved. This stipulation addresses pedestrian connections between commercial properties and retail pads envisioned in the original case. This is not applicable to the current request for a multifamily development and the general conformance requirement in Stipulation 1 will control future development of this site. A significant change in use or design may require additional stipulation modifications where this issue can be addressed. 5) The Street Transportation Department does not support the applicant’s proposed modification of Stipulation 14 regarding street improvements. The applicant requested to modify this requirement to note that improvements are to be provided “where applicable”. Staff noted that required improvements for the development site are to improve 67th Avenue and Broadway Road as well as the internal streets whether private or public. The existing stipulation reflects standard language and it Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21—Z-45-12-7 Page 5 is unclear how the stipulation would otherwise be applied to an area where it is not applicable. The applicant expressed concern regarding whether this stipulation would apply the same standards as outlined in the stipulation language to public and private streets. However, the stipulation would be implemented solely to require the relevant infrastructure to all streets as required and in relation to the type of proposed street. The applicant’s request is recommended to be denied. 6) The Public Transit Department does not support the applicant’s proposed modification of Stipulation 16 regarding dedication of right of way and construction of a bus stop pad on eastbound Broadway Road west of 67th Avenue. The applicant requested to relocate the pad to a location east of 67th Avenue. The City cannot legally approve a request to move the bus pad onto another property that is off-site to the rezoning case in question. Further, the applicant argued that the NACTO Transit Street Design Guide states a preference for far-side stops. However, the reference cited by the applicant also states that near-side stops are efficient and valid designs for transit infrastructure. The applicant’s request is recommended to be denied. STIPULATIONS 1. The development shall be in general conformance with the site plan date stamped JUNE 24, 2021 October 24, 2012 for the commercial portion and September 13, 2018 for the residential portion, as approved by the Planning and Development Department. 2. A minimum of 16% 7% open space shall be provided, as approved by the Planning and Development Department. 3. The maximum number of lots shall not exceed 140, as approved by the Planning and Development Department. 3. 4. All sidewalk crossings at the project entries or as shown on the site plan shall be constructed of decorative pavers, stamped or colored concrete, or another material different than the primary paving material, as approved by the Planning and Development Department and Street Transportation Department. 5. FOR COMMERCIAL DEVELOPMENT ONLY - A sidewalk/pedestrian path constructed of decorative pavers, stamped or colored concrete, or another material, other than those used to pave the parking surfaces and drive aisles, shall be provided to allow pedestrian connections between shops A, B and C to pads A, B, C and D, as approved by the Planning and Development Department and Street Transportation Department. Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21—Z-45-12-7 Page 6 4. 6. All sidewalks shall be detached with a minimum five-foot wide landscaped strip located between the sidewalk and back of curb and shall include a minimum of 20 feet on center or equivalent groupings along both sides of the sidewalk, as approved by the Planning and Development Department. The landscape strip shall be installed by the developer and maintained by the HOA. 5. 7. The perimeter walls adjacent to Broadway Road and 67th Avenue shall include material and textural differences, such as stucco and/or split face block with a decorative element, as approved by the Planning and Development Department. 6. 8. The rear property line walls of lots number 61 through 69 shall consist of a four-foot block wall with two feet additional view fencing, as approved by the Planning and Development Department. 7. 9. Drive through facilities shall be located a minimum 100 feet from any residential district, as approved by the Planning and Development Department. 8. 10. The residential development ground signs shall be monument style and not exceed six feet in height, as approved by the Planning and Development Department. 9. 11. Right-of-way shall be dedicated and a bus bay (P1256-1) constructed at 67th Avenue as approved by the Planning and Development Department. 10. 12. Right-of-way totaling 55 feet shall be dedicated for the south half of Broadway Road and construct improvements to a CM Section, as approved by the Planning and Development Department. 11. 13. Right-of-way totaling 50 feet shall be dedicated for the west half of 67th Avenue and construct improvements to a D Section, as approved by the Planning and Development Department. 12. 14. 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 approved by the Planning and Development Department. All improvements shall comply with all ADA accessibility standards. 13. 15. Complete a Red Border Letter to notify ADOT of development adjacent to its freeway corridor and submit it to Alan Hilty in the Street Transportation Planning Hearing Officer Summary of August 18, 2021 Application PHO-2-21—Z-45-12-7 Page 7 Department 602-262-6193, with a copy to the Traffic Engineer and Civil Plans Reviewer. 14. 16. The right of way shall be dedicated and a bus stop pad constructed on eastbound Broadway Road west of 67th Avenue. Final placement of bus stop pad shall require approval from Public Transit Department. Bus stop pad shall be compliant with City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. 15. 17. The right of way shall be dedicated and a bus stop pad constructed on southbound 67th Avenue south of Broadway Road. Bus stop pad shall be compliant with City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. Bus stop pad shall be placed from intersection of 67th Avenue and Broadway Road according to City of Phoenix Standard Detail P1258. 16. 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.