Attachment C - PHO Summary - PHO-1-21--Z-59-18-8.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: 11 
 
 
DISTRICT 8 
SUBJECT: 
 
 
 
Application #: 
PHO-1-21--Z-59-18-8 (Continued from 7/21/21 agenda) 
Location: 
Approximately 615 feet north of the northwest corner of 25th 
Street and Baseline Road 
Existing Zoning:  C-1 BAOD 
Acreage:  
.80 
Request: 
1) Modification of Stipulation 1 regarding general 
conformance to the site plan date stamped August 21, 
2018. 
2) Deletion of Stipulation 1.a regarding access to amenities 
to the east. 
3) Deletion of Stipulation 1.b regarding vehicular cross 
access to adjacent properties to the east and south. 
4) Deletion of Stipulation 3 regarding a conditional 
requirement to dedicate and construct 25th Street. 
Applicant: 
Cassandra Ayres, Beus Gilbert McGroder PLLC 
Owner: 
 
Vahik Sahakian 
Representative: 
Paul E. Gilbert, Beus Gilbert Mcgroder PLLC 
 
ACTIONS 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification and an additional stipulation. 
 
Village Planning Committee (VPC) Recommendation: The South Mountain 
Village Planning Committee heard the request on July 13, 2021 and 
recommended denial as filed and approval with modifications by a vote of 11-0-2. 
 
DISCUSSION 
 
Paul Gilbert, representative with Beus Gilbert McGroder, gave an overview of the 
project team and property location. He reviewed the South Mountain Village 
Planning Committee meeting on August 10, 2021, which resulted in a 
recommendation for approval with modifications for Case Nos. PHO-2-21—Z-63-
05-8 and PHO-1-21—Z-59-18-8 and denial as filed, approval with modifications 
for Case No. PHO-1-21—Z-10-18-8. He stated the proposed uses are allowed in 
the C-1 BAOD zoning district and stipulation modifications are needed to allow 
Attachment C

Planning Hearing Officer of August 18, 2021 
Application PHO-1-21—Z-59-18-8 
Page 2 
 
development per the proposed conceptual site plan for each case. He stated the 
proposed conceptual site plan depicts 138 multifamily residential units at a 
density of 16.99 dwelling units per gross acre on the northern portion of the 
combined site with 5 commercial pads to provide retail or restaurants on the 
southern portion of the combined site. He stated that the proposed site plan 
complies with the regulations of the Baseline Area Overlay District (BAOD) and is 
compatible with the rural, agricultural, and equestrian character of the 
surrounding area. 
Mr. Gilbert stated that the applicant is opposed to the South Mountain VPC 
recommendation regarding the realignment of 27th Street with the existing 
portion of 27th Street south of Baseline Road, limiting the number of drive-
throughs permitted on the site, and providing pedestrian and vehicular access to 
the commercial property to the west. He stated that the applicant completed a 
door-to-door survey within an 850-foot radius of the site and found residents 
supported the proposed development and no resident surveyed was in support of 
the realignment of 27th Street. He noted that they have submitted letters from the 
public generally showing support for the development and letters of opposition 
regarding the existing stipulated realignment of 27th Street. He also noted that a 
petition of 24 people was provided that supports the proposed development 
generally. He discussed the recommended realignment and stated that CivTech, 
a traffic engineering firm, completed a study on the intersection that noted a 
realignment would not alleviate traffic concerns near the site. He stated the study 
noted the potential number of users of 27th Street would not necessitate a 
realignment or a traffic signal at the intersection of 27th Street and Baseline 
Road. He noted that the wait times to cross Baseline Road would not decrease 
due to a realignment and that a traffic signal at the intersection could increase 
cut-through traffic through the neighborhood south of the subject property and 
across Baseline Road. He stated that traffic accidents that have occurred at the 
intersection have largely been rear-end collisions and not due to the existing turn 
movements at the existing intersections. He stated that the realignment is not an 
exaction that meets the proportionality requirement as established by previous 
court cases and existing state statutes. He addressed the VPC recommendation 
regarding drive-throughs and stated that a limit on the number of drive-through 
restaurants was not appropriate as this is a land use otherwise permitted by right, 
subject to performance standards, in this zoning district. He stated that the VPC 
recommended a stipulation regarding vehicular and pedestrian access to the site 
to the west, but conditions on this adjacent site do not allow for cross access and 
the stipulation is both impractical and unenforceable. He stated that the VPC also 
recommended a stipulation regarding pedestrian and vehicular access between 
the commercial and residential portions within the subject site, which the 
applicant supports.

Planning Hearing Officer of August 18, 2021 
Application PHO-1-21—Z-59-18-8 
Page 3 
 
Mr. Gilbert gave an overview of the proposed stipulation modifications on PHO-2-
21—Z-63-05-8 regarding general conformance to the conceptual site plan and a 
deletion of stipulations regarding 25th Street access and cross access to the 
commercial site to the west. He gave an overview of the proposed stipulation 
modifications on PHO-1-21—Z-59-18-8 and noted a comment from a VPC 
member that supported the multifamily housing design depicted on the 
conceptual site plan. He stated that the proposed deletion of Stipulation 1.a and 
1.b regarding pedestrian and vehicular cross access would be addressed 
through the proposed conceptual site plan. He gave an overview of the proposed 
stipulation modifications on PHO-1-21—Z-10-18-8. He stated the limitations on 
drive throughs and stipulation regarding the alignment of 27th Street should be 
deleted per the rationale discussed earlier. He stated that modification to 
Stipulation 2.a was discussed at the VPC meeting and recommended to be 
retained and that the applicant had decided to not pursue the original proposed 
modification of that stipulation.  He stated Stipulation 3.b regarding equestrian 
corral areas is requested to be modified to change the language to allow for more 
reasonably sized and feasible equestrian facilities.  
JoJo Jones, Mountain Grove community member, stated there are existing 
issues in the traffic movements at the 27th Street and Baseline intersection. She 
expressed concerns regarding increased traffic on 27th Street related to the 
proposed multifamily residential development in addition to the commercial 
portion of the development. She stated that the previous developer agreed that a 
realignment would be necessary, but that this disagreement during the original 
rezoning case had largely centered around who would be responsible for the 
improvements. 
Rhonda Neff, Mountain Grove community member, stated she is opposed to the 
realignment of 27th Street and stated that the proposed realignment would 
require residents of Mountain Grove to enter their neighborhood from within the 
proposed commercial development. She stated that property values and public 
safety would be decreased by entering through the proposed commercial 
development. She stated the applicant has responded to the concerns raised by 
the surrounding community after the original rezoning case regarding the 
realignment. She stated that she spoke to her neighbors that mentioned that they 
would consider selling their properties if 27th Street was realigned per the staff 
recommendation due to concerns with property values and public safety. She 
stated that she understood the legal concerns from the applicant regarding the 
limitation on drive-through uses, although she hoped there would be sit-down 
restaurants included within the development. She stated that regardless of the 
final alignment, 27th Street would likely see increased traffic with any 
development on the subject site, but that should be expected.

Planning Hearing Officer of August 18, 2021 
Application PHO-1-21—Z-59-18-8 
Page 4 
 
Mr. Gilbert stated that concerns regarding increased traffic are understood but 
noted that the entrance near the current alignment of 25th Street would be the 
main entrance to the development and allow for trucks and other vehicles to 
enter at this location rather than at 27th Street. He stated that most residents in 
the surrounding area support the plan as proposed and oppose the realignment 
of 27th Street.  
Trent Marchuk, member of the South Mountain VPC, stated that the purpose of 
the VPC’s recommendation regarding limiting the number of drive-throughs is in 
response to the South Mountain Village Character Plan which noted a lack of 
healthy restaurants in the area. He discussed the Village’s recommendation 
regarding the realignment of 27th Street and the suggestion to allow the 
applicant to explore alternative options and noted that the original stipulation 
regarding the realignment of 27th Street asked the developer to work with the 
Street Transportation Department to come up with potential options for the 
realignment. He noted that the rationale behind the applicant’s disagreement with 
the recommended cross access to the site to the west made sense and that he 
supported their request.  
Mr. Gilbert stated that the presence of drive-throughs does not guarantee that the 
restaurants themselves are solely unhealthy restaurants and noted two 
restaurants they are in discussions with regarding the site. He noted that the 
BAOD does not contain limitations on the number of drive-through restaurants 
permitted on a site and only addresses design guidelines for these uses. 
Adam Stranieri, Planning Hearing Officer, agreed that the BAOD does not limit 
the number of drive-throughs, but does include design guidelines for drive-
throughs including screening and grouping of pads. He noted that the Street 
Transportation Department does not support the request to delete the stipulation 
regarding the realignment of 27th Street in PHO-1-21--Z-10-18-8. He asked the 
applicant if they believed the CivTech study would provide information that would 
potentially alter the recommendation made by the Street Transportation 
Department regarding the realignment. Mr. Gilbert stated he believed the results 
of that study could potentially change their recommendation, but he would not 
want to continue the case at this time to wait for this analysis. He noted he 
supported how the VPC worded the stipulation in their recommendation to allow 
the developer to work with the Planning and Development and Street 
Transportation Department to come to a decision. Mr. Stranieri stated that the 
CivTech documents have not been received by staff and that he would not make 
a recommendation based on a study that neither he nor Street Transportation 
Department staff had reviewed, particularly if the applicant wished to have a 
decision during this hearing. He stated he would be moving forward using the 
recommendation from the Street Transportation Department regarding the 
realignment with a modification to include the South Mountain Village

Planning Hearing Officer of August 18, 2021 
Application PHO-1-21—Z-59-18-8 
Page 5 
 
recommendation regarding the option for alternative alignments.  He noted that 
the intent with the recommended modification was not to allow the applicant to 
avoid the realignment, but rather allow flexibility in how the alignment would be 
implemented. 
Mr. Stranieri stated that public correspondence was received prior to the hearing. 
This included a petition with 24 signers that indicated support for the 
development but did not address the alignment, 21 letters of support for the 
development that did not address the alignment, and 12 letters in opposition to 
the alignment which highlighted safety hazards and concerns about residential 
access to Mountain Grove. He stated that a letter submitted by Rhonda Neff also 
highlighted many points made during her comments earlier in the hearing. He 
stated that a letter from Marcia Busching, South Mountain VPC member, was 
received which expressed communication issues with the applicant and noted a 
desire to see the VPC recommendation upheld. 
Recommendation regarding PHO-2-21--Z-63-05-8 
Mr. Stranieri stated PHO-2-21—Z-63-05-8 is located on the southwestern side of 
the proposed conceptual site plan and includes both residential and commercial 
portions of the development. He stated that the complete multifamily residential 
complex provides 138 units at a density of 16.99 dwelling units per gross acre 
and noted that conceptual elevations were submitted for the residential portion 
but not the commercial portion. He stated the elevations depict a variety of 
desirable architectural features and recommended general conformance. He 
stated that the scale and intensity is compatible with the surrounding area and 
the character intended by the BAOD. He stated that Stipulation 2 regarding one 
access point on 25th Street is no longer applicable due to the proposed 
abandonment of 25th Street and the lack of single-family units to the east, which 
the stipulation was originally intended to address. He stated that Stipulation 3 
regarding one point of cross access to the site to the west is recommended to be 
deleted due to circumstances regarding development of the neighboring 
property. He stated that the VPC recommendation regarding limitations on the 
number of drive-through restaurants will not be approved because it would 
improperly prohibit uses otherwise allowed by right in the zoning district. He 
noted that the recommendation regarding screening of drive-throughs is 
established by the BOAD as a design presumption, but it could be included as a 
stipulation to create a requirement and provide consistency with the existing 
stipulations in Z-10-18-8.  
Recommendation regarding PHO-1-21--Z-59-18-8 
Mr. Stranieri stated PHO-1-21—Z-59-18-8 is located at the northwestern side of 
the proposed conceptual site plan and includes a residential portion of the 
development. He stated that the complete multifamily residential complex

Planning Hearing Officer of August 18, 2021 
Application PHO-1-21—Z-59-18-8 
Page 6 
 
provides 138 units at a density of 16.99 dwelling units per gross acre and noted 
that conceptual elevations were submitted for the residential portion but not the 
commercial portion. He stated the elevations depict a variety of desirable 
architectural features and recommended general conformance. He stated that 
the scale and intensity is compatible with the surrounding area and the character 
intended by the BAOD. He stated Stipulations 1.a and 1.b were intended to 
provide connectivity with the property to the east from Z-10-18-8 and that the 
unified proposed conceptual site plan between the cases alleviates the concerns 
regarding connectivity. He stated that the request to delete Stipulation 3 
regarding a conditional requirement to dedicate and construct 25th Street if the 
property was developed as a stand-alone parcel is recommended to be approved 
because the conceptual site plan shows a unified development and the applicant 
would pursue abandonment of 25th Street. He stated that the VPC proposed 
modifications of Stipulations 1.a and 1.b would not be required because the 
property lines are internal and cross-access would be reviewed as part of the 
conceptual site plan review process.  
Recommendation regarding PHO-1-21--Z-10-18-8 
Mr. Stranieri stated PHO-1-21—Z-10-18-8 is located on the eastern side of the 
proposed conceptual site plan and includes both residential and commercial 
portions of the development. He stated that the complete multifamily residential 
complex provides 138 units at a density of 16.99 dwelling units per gross acre 
and noted that conceptual elevations were submitted for the residential portion 
but not the commercial portion. He stated the elevations depict a variety of 
desirable architectural features and recommended general conformance. He 
stated that the scale and intensity is compatible with the surrounding area and 
the character intended by the BAOD.  
Mr. Stranieri stated that the deletion of Stipulation 1.a regarding the quantity and 
configuration of drive-throughs is recommended to be approved. He stated the 
stipulation was originally proposed by staff to stipulate to the configuration of 
buildings on the original site plan, but that this had been altered through the 
original rezoning hearing process. He stated that deletion of Stipulation 1.b 
regarding the realignment of 27th Street is not supported by the Street 
Transportation Department. He stated that the Street Transportation Department 
noted the realignment of 27th Street is intended to support and improve traffic 
safety in the surrounding area.  He noted that there are numerous conflicting turn 
patterns at the intersection with Baseline Road and that the alignment would 
provide predictability, alignment with the grid, and allow for a potential traffic 
signal at the intersection. He stated there is no Traffic Impact Study addressing 
signal warrant analysis and that the most recent study submitted in 2018 does 
not reference the current proposed land uses.

Planning Hearing Officer of August 18, 2021 
Application PHO-1-21—Z-59-18-8 
Page 7 
 
Mr. Gilbert stated that the applicant would meet with the Street Transportation 
Department to discuss the findings of the CivTech study. Mr. Stranieri noted that 
the South Mountain VPC recommended modification of the stipulation to allow 
the applicant to work with staff to address options for the realignment. He stated 
that the modification should not allow the applicant to continue the misalignment 
of 27th Street. Cassandra Ayre, representative with Beus Gilbert McGroder, 
stated the VPC recommendation allows alternative options to address traffic 
issues without stipulating the realignment. She stated that the CivTech report 
provides options for flexibility, which could be worked through with the Planning 
and Development and Street Transportation Departments. Mr. Stranieri stated 
that the recommended modification to Stipulation 1.b would address the need to 
revise the site plan to depict the realignment of 27th Street. 
Mr. Stranieri stated that he would recommend the deletion of Stipulation 2.a 
regarding pitched roof elements to provide consistency with the two companion 
cases. He stated that pitched roof elements are already a design presumption of 
the BAOD and could be addressed through the Ordinance. He also noted that it 
may be unclear to have different standards applied within the site to the same 
buildings.  He stated that the modification of Stipulation 2.b regarding an 
equestrian corral would be recommended to be modified to allow for some 
flexibility in the type of amenities to be provided. He stated the original intent was 
to provide equestrian amenities to support the active equestrian lifestyle and 
trails along the canal.  
Mr. Stranieri stated that the Street Transportation Department recommended an 
additional stipulation regarding a safe, shaded pedestrian pathway through the 
site to connect the residential portion of the site to the sidewalk along Baseline 
Road. He noted that this pathway should be provided in the area with the current 
alignment of 25th Street.  He noted that if 25th Street was developed, a public 
sidewalk would otherwise have been provided here.  Mr. Gilbert sought 
clarification that the type of shade would be flexible and allow either trees or 
structural shade. Mr. Stranieri confirmed that the type of shading would not be 
stipulated and would allow for flexibility. 
 
FINDINGS 
 
1) This case was heard as a companion case to PHO-2-21--Z-63-05-8 and 
PHO-1-21--Z-10-18-8.  The conceptual site plan and building elevations 
are the same in these three cases.  The subject property in this case was 
originally envisioned to develop as an extension of a planned commercial 
development to the south.  The stipulated site plan depicted only retention 
and parking on this portion of the site.

Planning Hearing Officer of August 18, 2021 
Application PHO-1-21—Z-59-18-8 
Page 8 
 
The proposed conceptual site plan depicts the subject property of the 
three companion cases developing in a unified fashion with a mixed-use 
development.  A combination of five commercial, retail, and drive-through 
businesses are depicted along Baseline Road comprising approximately 
19,098 total square feet, with individual establishments between 2,050 
and 6,500 square feet.  Behind the commercial development, adjacent to 
the Western Canal, is a multifamily residential complex containing 138 
units at a density of 16.99 dwelling units per gross acre. Open spaces are 
distributed throughout the development with a variety of pedestrian, 
equestrian, and recreational amenities adjacent to the canal.  Conceptual 
elevations were provided for the multifamily buildings only and depict a 
façade that integrates stone, pop outs, balconies, shade awnings, multiple 
window sizes and styles, and variation in the roofline and pitches.  The 
proposal is compatible in scale and intensity with existing development in 
the surrounding area.  General conformance to the proposed conceptual 
plans is recommended. 
 
2) Stipulations 1.a and 1.b addressed access to the parcels to the east and 
south.  In Rezoning Case No. Z-10-18-8, Stipulation 3.a and 3.b were 
established to require an equestrian amenity and shaded benches along 
the Western Canal.  Stipulation 1.a in this case required a pedestrian 
pathway to these public amenities to ensure access and connectivity for 
users moving between these adjacent, but independent, parcels.  
Stipulation 1.b in this case was intended to ensure vehicular connectivity 
between this parcel and properties to the east and south which were 
planned under separate cases.  This was also required because the future 
status of 25th Street was unknown at the time this case was approved.  
Because the proposed plans in this case depict a unified development 
with vehicular and pedestrian access between the three case areas, these 
stipulations are no longer required and are recommended to be deleted.   
 
The South Mountain Village Planning Committee recommended additional 
language regarding cross-access easements along the south and west 
property lines.  These additional conditions are not required because the 
south property line is internal to the proposed multifamily development 
depicted on the conceptual site plan.  The west property line is shared 
with a City of Phoenix owned parcel that contains a Park and Ride facility.  
Additionally, this parcel currently does not have any clear location where 
vehicular cross access could be provided and the best condition to move 
residential traffic through the Park and Ride Facility.  Finally, note that 
significant deviation from the proposed plans would necessitate further 
public hearings in which this recommendation could be reassessed. 
 
3) Stipulation 3 regarding a conditional requirement to dedicate and construct 
25th Street was established to address uncertainty regarding the future of 
25th Street, and potential issues if the parcel was developed as a

Planning Hearing Officer of August 18, 2021 
Application PHO-1-21—Z-59-18-8 
Page 9 
 
standalone development, at the time of the original rezoning case.  The 
proposed conceptual plans in this case are for a unified development.  
Significant deviation from the proposed plans would necessitate further 
public hearings in which this recommendation could be reassessed.  The 
stipulation is recommended to be deleted. 
 
4) During the hearing, it was noted that the applicant did not submit a 
complete, notarized, recorded Proposition 207 waiver of claims form and 
an additional stipulation was recommended.  Later, it was noted that this 
requirement already exists in Stipulation 7.  Therefore, an additional 
stipulation is unnecessary, and the existing stipulation will remain.  The 
applicant still must submit a complete, notarized, recorded Proposition 207 
waiver of claims form per this stipulation for this request. 
 
STIPULATIONS 
 
1. 
The development shall be in general conformance with the conceptual site 
plan and elevation date stamped MAY 26, 2021 August 21, 2018, as may 
be modified by the following stipulations for compliance with the canal bank 
design guidelines in Section 507 Tab A of the Zoning Ordinance, and 
approved by the Planning and Development Department., and with specific 
regard to the following: 
 
 
 
a. Pedestrian pathway to provide open public access to amenities on the 
adjacent property to the east to be constructed of decorative pavers, 
stamped or colored concrete, or another material, other than those used 
to pave the parking surfaces and drive aisles. 
 
 
 
 
b. Vehicular cross access to adjacent properties to the east and south, as 
approved by the Planning and Development Department. 
 
 
2. 
Landscaping along the north property line shall be in conformance with the 
Baseline Area Master Plan Plant List with specific regard to maximizing 
shade and thermal comfort for pedestrians and active users along the canal, 
as approved by the Planning and Development Department. 
 
 
3. 
If the subject site develops as a stand-alone parcel and does not provide an 
alternative street frontage to that existing along 25th Street, then the 
developer shall be responsible for the dedication and construction of an 
offset cul-de-sac bulb at the northern portion of 25th Street, south of the 
Western Canal, as approved by the Planning and Development and Street 
Transportation Department.

Planning Hearing Officer of August 18, 2021 
Application PHO-1-21—Z-59-18-8 
Page 10 
 
3. 
4. 
Any solid portion of a perimeter wall adjacent to the Western Canal shall not 
exceed a maximum height of three feet, as approved by the Planning and 
Development Department. 
 
 
4. 
5. 
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. 
 
 
5. 
6. 
The property owner shall record documents that disclose the existence and 
operational characteristics of Sky Harbor International Airport (PHX) to future 
owners or tenants of the property. The form and content of such documents 
shall be according to the templates and instructions provided which have 
been reviewed and approved by the City Attorney. 
 
 
6. 
7. 
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.