Attachment C - PHO Summary - PHO-1-23--Z-61-21-6.pdf
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ITEM NO: 4 DISTRICT 6 SUBJECT: Application #: PHO-1-23--Z-61-21-6 (Continued from June 21, 2023) Location: Approximately 150 feet north of the northeast corner of 44th Street and Earll Drive Zoning: R-O Acreage: 1.15 Request: 1) Request to modify Stipulation 1 regarding general conformance with the site plan and elevations date stamped September 2, 2021. 2) Request to modify Stipulation 1.A regarding building height. 3) Request to modify Stipulation 8 regarding signage. 4) Request to modify Stipulation 9 regarding bicycle parking location. 5) Request to modify Stipulation 11 regarding pedestrian pathways. 6) Request to modify Stipulation 14 regarding shared access drives. 7) Request to delete Stipulation 15 permitting a maximum of one driveway on 44th Street. Applicant: Rod Jarvis, Gallagher & Kennedy Owner: Thomas Ryan Holdings LLC Representative: Ryan Reynolds ACTIONS: Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended approval. Village Planning Committee (VPC) Recommendation: The Camelback East Village Planning Committee heard this request on June 6, 2023 and recommended denial by a vote of 10-2. DISCUSSION: Wendy Riddell, representative with Berry Riddell, gave an overview of the site location, the current zoning, and the proposed use of the site. She noted that ATTACHMENT C REPORT OF PLANNING HEARING OFFICER ACTION Byron Easton, Planner III, Hearing Officer Chase Hales, Planner I, Assisting August 16, 2023 Planning Hearing Officer Summary of August 16, 2023 Application PHO-1-23—Z-61-21-6 Page 2 several requests had been read from the agenda and stated that the applicant’s new request was to modify Stipulation 1 regarding general conformance and request two additional stipulations. She reviewed the original conceptual site plan, including modifying the building height of the single building. She stated that the Camelback East Village Planning Committee had moved towards denying it, due to public backlash during the meeting. She stated the applicant engaged in neighborhood discussions with the Arcadia Osborn Neighborhood Association and was able to provide more options to the conceptual site plan. The organization and its members held a virtual meeting with the representative on July 27, where they chose option 3 as the preferred option, which included a central ingress/egress and two separate buildings. She stated that the first new stipulation request would include private trash services on the site. If private trash is allowed, the pickup hours being Monday-Friday between 7AM-6PM. The second stipulation request would be for developers to notify the Arcadia Osborn Neighborhood Association of future preliminary site plan review meetings and continue conversations about lighting, heat mitigation, water retention and landscaping with the association. She stated the intent to have the updated conceptual site plan be date stamped to the date of the hearing. She stated that the updated site plan showed the potential to have covered parking on the site. Neal Haddad, representative of the Arcadia Osborn Neighborhood Organization, stated that members of the organization worked with previous owners back in 2020 to go from R1-10 to R-O on this property. He stated that R-O zoning is preferred in the neighborhood, especially along 44th Street as it serves as a buffer to residential uses. He stated that the concern with the original conceptual plan was maintaining residential aesthetics, such as height and massing. He stated that the association agreed with the revised conceptual site plan, mentioning that Ms. Riddell captured the neighborhood’s concerns and was able to come to a compromise on a proposed site plan. Mr. Easton asked if anything was submitted at the neighborhood association meeting that shows that the neighborhood was in agreement with the proposal. Ms. Riddell stated that they submitted the updated site plan and elevations from the meeting, as well as a petition from 123 people in the surrounding neighborhood supporting the project. She stated that she met with the chair for Camelback East Village and said he approved of the revised plan. Mr. Easton recommended approval with modification to Stipulation 1, stipulating general conformance to the conceptual site plan date stamped August 16th. He added the requested additional stipulations regarding private trash service and notification to the Arcadia Osborn Neighborhood Organization. He noted that staff did not receive a Proposition 207 waiver and that an additional stipulation would be included requiring a waiver to be submitted prior to final site plan approval. Planning Hearing Officer Summary of August 16, 2023 Application PHO-1-23—Z-61-21-6 Page 3 FINDINGS: 1) The applicant's original submittal included requests to modify or delete Stipulations 1, 1.A, 8, 9, 11, 14, and 15. Prior the hearing, the applicant submitted a revised narrative date stamped which requested only a modification to Stipulation 1 regarding general conformance with the site plan and elevations date stamped September 2, 2021. The recommendation and findings deal solely with that request regarding Stipulation 1. 2) The request to modify Stipulation 1 regarding general conformance to a site plan and elevations is recommended to be approved. As revised, there are two buildings totaling approximately 10, 687 gross square feet, which is consistent with the footprint of the buildings currently on-site. In addition, the revised height of 15 or less, is consistent with the existing buildings and the character of the neighborhood. 3) The applicant did not submit a Proposition 207 waiver of claims prior to the Planning Hearing Officer hearing. Submittal of this form is an application requirement. An additional stipulation would be recommended to require the applicant to record this form and deliver it to the City to be included in the rezoning application file for record, however, Stipulation 18 addresses this requirement. STIPULATIONS: 1. The development shall be in general conformance with the site plan and elevations date stamped AUGUST 16, 2023 September 2, 2021, with specific regard to the following and as approved by the Planning and Development Department. a. There shall be a maximum building height of 1 story and 15 feet. b. The development shall be at a scale and intensity that reflects adjacent residential uses and incorporates architectural features and detailing that are consistent and compatible with existing residential uses in the surrounding area. 2. There shall be a minimum 20-foot landscape setback along 44th Street for both properties. Planning Hearing Officer Summary of August 16, 2023 Application PHO-1-23—Z-61-21-6 Page 4 3. The required landscape setback along 44th Street shall include large canopy shade trees 20 feet on center or in equivalent groupings, as approved by the Planning and Development Department. Twenty-five percent of the trees shall be minimum four-inch caliper and 75 percent of the trees shall be minimum three-inch caliper. Five, five-gallon shrubs per tree, and additional shrubs or live groundcover shall provide minimum 75 percent live cover at maturity, as approved by the Planning and Development Department. 4. The public sidewalk along 44th Street shall be detached with a landscape strip located between the sidewalk and back of curb following the most recent Cross Section of the Street Classification Map and planted to the following standards, as approved by the Planning and Development Department. a. Minimum 2-inch caliper shade trees that provide a minimum 75 percent shade at maturity. Where utility conflicts exist, the developer shall work with the Planning and Development Department on alternative design solutions consistent with a pedestrian environment. b. Drought tolerant vegetation maintained at a maximum mature height of 24 inches and achieve minimum 75 percent live coverage. 5. The required landscape setback along the northern property line of the northern parcel shall be planted with minimum 2-inch caliper shade trees placed 20 feet on center or in equivalent groupings, as approved by the Planning and Development Department. 6. A minimum 5-foot landscape setback shall be required along the eastern property line. This setback shall be planted with minimum 8-foot-tall shrubs or plants to provide a tall vegetative buffer from adjacent single- family residences to the east, as approved by the Planning and Development Department. 7. All uncovered surface parking lot areas shall be landscaped with minimum 2-inch caliper drought-tolerant shade trees. Landscaping shall be dispersed throughout the parking area and achieve 25 percent shade at maturity, as approved by Planning and Development Department. Shade may be provided with a combination of trees and structural shade. 8. There shall be no internally lit signs on the site. Signage shall be approved by the Planning and Development Department. 9. A minimum of four bicycle parking spaces shall be provided through Planning Hearing Officer Summary of August 16, 2023 Application PHO-1-23—Z-61-21-6 Page 5 inverted U and/or artistic racks located near building entrances for each of the existing buildings. These parking spaces shall be installed per the requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as approved by the Planning and Development Department. Artistic racks shall adhere to the City of Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan. 10. Clearly defined, accessible pedestrian pathways shall be provided to connect building entrances and public sidewalks, using the most direct route for pedestrians, as approved by the Planning and Development Department. 11. Where pedestrian pathways cross drive aisles, they shall be constructed of decorative pavers, stamped or colored concrete, or other pavement treatments that visually contrast with the adjacent parking and drive aisle surfaces, as approved by the Planning and Development Department. 12. The developer shall dedicate a minimum 10-foot-wide sidewalk easement and construct the east side of 44th Street, as approved by the Planning and Development Department. 13. The developer shall construct a minimum 5-foot-wide detached sidewalk and a minimum 5-foot-wide landscape area located between the back of curb and sidewalk, as approved by the Planning and Development Department. 14. The developer shall record a cross-access agreement for any shared access drives along 44th Street, as approved by the Planning and Development Department. 15. There shall be a maximum of one driveway along 44th Street. 16. The developer shall construct all streets within and adjacent to the development with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other incidentals, as per plans approved by the Planning and Development Department. All improvements shall comply with the current ADA Guidelines. 17. 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. 18. Prior to preliminary site plan approval, the landowner shall execute a Planning Hearing Officer Summary of August 16, 2023 Application PHO-1-23—Z-61-21-6 Page 6 Proposition 207 Waiver of Claims form. 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. To request a reasonable accommodation, please contact Angie Holdsworth at angie.holdsworth@phoenix.gov or (602) 329-5065 or TTY: 7-1-1.