Attachment B - PHO VPC Summary - PHO-1-23--Z-61-21-6.pdf

City of Phoenix — Formal (2023-09-20)

View PDF Meeting page

Extracted text (via pymupdf) 8260 characters
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
PHO-1-23--Z-61-21-6 
Date of VPC Meeting 
June 6, 2023 
Date of Planning Hearing 
Officer Hearing 
June 21, 2023 
Request 
1) Modification of stipulation 1 regarding general
conformance with site plan and elevations date
stamped September 2, 2021.
2) Modification of stipulation 1a regarding the
maximum building height.
3) Modification of stipulation 8 regarding signage.
4) Modification of stipulation 9 the location of bicycle
parking.
5) Modification of stipulation 11 regarding pedestrian
pathways.
6) Modification of stipulation 14 regarding shared
access drives.
7) Deletion of stipulation 15 regarding a maximum of
one driveway.
Location 
Approximately 100 feet north of the northeast corner of
44th Street and Earl Drive
VPC Recommendation 
Denial
VPC Vote 
10-2
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
Five members of the public registered to speak on this item in opposition. 
One member of the public registered in support, not wishing to speak.  
STAFF PRESENTATON 
John Roanhorse, staff, provided an overview of the PHO request, describing the 
location, general plan designation, existing zoning district, and the surrounding uses. 
Mr. Roanhorse relayed the case history, the stipulations, and the process for the PHO 
Hearing.  
APPLICANT PRESENTATION: 
Mr. Rod Jarvis, representing the applicant with Gallagher & Kennedy, introduced 
himself and provided an overview of the PHO case. Mr. Jarvis stated that the proposal 
began in February 2021 and was approved with stipulations for the R-O zoning. Mr. 
ATTACHMENT B

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Jarvis stated in the time since the initial approval his client wants a new building that 
was better suited to dental and endodontic practice which included changes to the site 
and building. Mr. Jarvis stated the changes reflect the neighborhood and provide higher 
end architecture to improve space on the site and as proposed will be appropriate on 
44th Street and is consistent with the R-O zoning. Mr. Jarvis stated that increasing the 
building height will improve that appearance to accommodate mechanical equipment 
and building structure and that the building will remain a single story. Mr. Jarvis stated 
that the stipulations would be adjusted not eliminated to be consistent with the 
architectural style. Mr. Jarvis shared that any signage would be permitted by the City 
and meet all illumination requirements. Mr. Jarvis said that the request to eliminate the 
cross-access agreement was necessary to allow for one building, and the driveways 
would also be adjusted for this accommodation. Mr. Ryan Reynolds with Rencord, on 
behalf of the applicant confirmed that one driveway would allow access and one would 
allow egress onto 44th Street.    
QUESTIONS FROM THE COMMITTEE: 
Mr. Paceley thanked Mr. Jarvis for his work and asked for confirmation on the proposed 
building height. Mr. Jarvis responded that the detailed plans have not been finalized so 
they are requesting 24 feet for height to allow for any architectural adjustments. Mr. 
Paceley stated that there should be an assurance for the correct and approved height 
and some additional landscaping should be added on the east side for buffering to 
adjacent properties. Mr. Jarvis responded that there would be no second level or 
mezzanine in the building and all lighting would be directed downward, sign lighting will 
be minimized, and a new 8-foot wall could be added if needed to increase screening. 
Mr. Jarvis stated that they would introduce more trees in the landscaping to promote 
buffering to adjacent properties.     
Mr. Abbot inquired about combining the two lots and what assurance are there to 
prevent future subdivisions. Mr. Jarvis responded that it would be impossible to build 
on two lots and joining them would be necessary for this proposal.   
PUBLIC COMMENTS: 
Wally Graham, a resident who lives near that site, stated he opposed the proposal and 
inquired why this PHO request was being presented at the Village Committee Meeting. 
Mr. Graham expressed concern that the information and the discussion for the proposal 
may bias the outcome and asked when was the PHO information was provided to the 
public and if neighbors were notified about the request. Mr. Graham asked when did the 
Planning and Development Department disseminate information and did it reflect the 
proposed changes that is before the Committee. Ms. Graham expressed concern about 
the review process and stated he had reviewed the original proposal.  
Chair Swart responded that the Village Planning Committee can hear a PHO at the 
recommendation of the Chair, and he had a request from Mr. Jarvis. Chair Swart stated 
that the Village Planning Committee is an opportunity to vet proposal and not all PHO’s 
are heard. Chair Swart referred to staff to clarify when notices and information was 
disseminated. 
Mr. Jarvis stated that a meeting notice was sent to neighbors. Mr. Graham responded 
that the notices were not sent out in a timely manner and many people could not attend 
the neighborhood meeting on such a short notice. Mr. Graham stated that he has

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
concerns with moving this proposal forward because of the notice and the current 
process that was not conducted in a timely manner for the public.  
Bryce Ojoinach a resident who lives near the proposed development stated he 
opposes the changes and allowing it would be detrimental to the neighborhood. Mr. 
Ojoinach stated the neighborhood has a character in lot size, appearance and building 
structures the proposal would create more parking and traffic, an illuminated sign and 
increased building height would change the look and feel of the neighborhood.  
Susan Panganiban a resident who lives near the proposed development stated she 
opposes the project and when it was first reviewed, they did not want a big office 
building. Ms. Panganiban stated that what is being presented is a drastic change and is 
not a residential office and expressed concern with security in the area. Ms. Panganiban 
echoed Mr. Ojoinach’s concerns with the proposal.   
David O’Malley, a resident who lives near the proposed development stated he 
opposes the proposal and felt that what is presented was not in the original approval 
and it appears to be much larger.  
Neal Haddad with the Arcadia Osborn Neighborhood Association stated he had worked 
with Mr. Jarvis on the proposal in the past and it was a good residential office project. 
Mr. Haddad stated the original proposal had a residential appearance and was a great 
buffer to the adjacent residential area. Mr. Haddad expressed concern that no sketches 
and drawings were introduced to support the proposal for the height and appearance 
and the changes as proposed would be out of character. Mr. Haddad stated he was 
concerned that the neighborhood meeting was conducted in such a short time frame 
and was not able to get all the information.    
APPLICANT RESPONSE: 
Mr. Jarvis stated he reached out to Mr. Haddad and Mr. Graham and did not get a 
response, so he contacted some of the residents and he was aware that it was late in 
the process. Mr. Jarvis stated the fact of the matter is that the neighbors want to keep 
the two existing houses and that is not going to work for the proposed development and 
that the R-O zoning has already been approved.     
MOTION: 
Committee Member Vic Grace motioned to recommend denial of PHO-1-23--Z-61-21-
6. Committee Member Sharon Schmieder seconded the motion.
VOTE: 
10-2; motion to recommend denial of PHO-1-23--Z-61-21-6 passes with Committee
members Abbott, Baumert, Eichelkraut, Grace, Langmade, Miller, Paceley, Schmieder,
Fischbach and Swart in favor and Committee Members Langmade and Wilenchik in
opposition.
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS: 
Staff has no comments.