Attachment B - VPC Recommendation - PHO-1-22--Z-147-06-1.pdf

City of Phoenix — Formal (2022-08-31)

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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-1-22--Z-147-06-1 
 
 
 
Date of VPC Meeting 
May 15, 2022 
Date of the PHO Hearing 
June 15, 2022 
Request  
Request to modify stipulation numbers 1, 2, 3, and 4 
regarding general conformance to the site plan and 
elevations, the landscape setback along 49th Drive, 
overall landscaping requirements, and wall height.  
 
Request to delete stipulation numbers 5, 6, 7, 8, and 9 
regarding a drive-through on the western end of the 
site, a drive-through for a retail coffee facility, drive-
through features, the westernmost driveway, and 
pedestrian access to 49th Drive. 
Location 
Approximately 365 feet east of the southeast corner of 
51st Avenue and Cactus Road. 
VPC Recommendation 
Approve as presented 
VPC Vote 
11-3 
 
VPC DISCUSSION: 
 
At this time, Argiro and Perez arrived bringing the quorum to 14 members (11 being 
required for a quorum).  
 
STAFF BACKGROUND PRESENTATION 
Klimek provided a background presentation including the site context, the original plan, 
the current plan, and the applicant’s proposal to modify the stipulations. The 2006 plan 
was for commercial development and the current plan for 32 single-family attached 
residences which necessitates changes to the original stipulations including: general 
conformance to the 2006 site plan and elevations, and several stipulations specific to 
certain commercial uses that are no longer proposed. Additionally, the applicant is 
requesting changes to the landscape setbacks, landscape standards, wall heights, and 
to allow pedestrian access from 49th Drive.  
 
APPLICANT PRESENTATION 
Mike March, Roberto Buenaver, and Michael Zerbib introduced themselves as the 
applicants, thanked Klimek for the presentation, and provided a short overview of their 
proposal. 
Attachment B

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
QUESTIONS FROM COMMITTEE 
Veidmark asked Klimek if there is neighborhood opposition and asked the applicant 
regarding the neighborhood response to their required neighborhood outreach. Klimek 
responded that he has not received any correspondence and is not aware of any 
opposition. Buenaver responded that no neighborhood meeting was required by the 
process but indicated that the required notification letters were sent and that there has 
been no neighborhood opposition. 
 
Perez asked the applicants if they would be willing to consider more neighborhood 
outreach because the notification letters are not sufficient to inform and engage diverse 
communities. She asked if the notification letters were in both English and Spanish. She 
added that the new site plan depicts access from the neighborhood street, expressed 
concern over the impact on the neighborhood including the potential for overflow onto 
neighborhood streets, and asked if a traffic study had been completed. Buenaver 
responded that they have complied with all process requirements, that the letters were 
in English only but that they are willing to send letters in Spanish also, that no traffic 
study has been completed at this time, and that the site is slightly overparked. He added 
that there is a subsequent site planning process where additional refinements will be 
made. He indicated that they are on a timeline to secure entitlements for the property as 
a condition of the sale so they would prefer not to delay.  
 
Vice Chair Jaramillo asked if the canal trail will remain open and if they have concerns 
regarding encampments on the canal-side of the wall. Buenaver and March responded 
that the wall height is six feet, is proposed to be block, and that they do not anticipate 
issues.  
 
Chair Krentz noted that the original site plan had ingress/egress to Cactus Avenue, but 
the new plan has access to the neighborhood street. He asked for detail on the 
difference between C-1 Landscape Standards and R-3 Landscape Standards and the 
rationale to decrease the wall height from eight to six feet. March responded that C-1 
standards focus on the depth of the setback whereas R-3 standards focus on planting 
standards. He added that the six foot wall along the canal is a similar treatment to the 
adjacent residential neighborhoods and is the standard wall height for residential 
development.  
 
Steinmetz noted that there is a new department called the Office of Heat Response and 
Mitigation and he encouraged the applicants to engage them. 
 
Perez asked if the committee needs to provide a recommendation. Klimek responded 
the committee may make a recommendation but is not obligated to do so. He added 
that if the committee were to request the applicant to return to the next meeting for 
recommendation that it would add another 60 days to the applicant’s process due to the 
scheduling. March expressed concern regarding the scope of the discussion and 
indicated that the focus should be on the substance of the proposed stipulation 
modifications and not the design of the development. Zirbib added that the applicant 
team is happy to send letters in Spanish. Klimek noted that the role of the VPC in 
evaluating these PHO requests is to determine the appropriateness of the changes and 
may recommend changes directly related to the modifications.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Argiro asked what happens if the committee chooses to deny the request or to not 
make a recommendation. Klimek responded that the committee’s role is to make a 
recommendation to the Planning Hearing Officer. With or without a recommendation, 
the applicant may elect to move forward to the Planning Hearing Officer who will take 
the recommendation under advisement. If the request were denied by the Planning 
Hearing Officer, the 2006 stipulations would remain in place. 
 
Veidmark expressed concern that the process does not require neighborhood outreach 
to be in both English and Spanish. She asked Klimek to pass along the committee’s 
desire for a bilingual outreach requirement. She asked that the applicants send out a 
Spanish language letter as soon as possible to give residents advance notice of the 
request.  
 
Alauria expressed concern with the notification process, radius, and languages in 
general, citing her experience with the Paradise Valley Mall redevelopment which was a 
major change.  
 
PUBLIC COMMENTS 
None. 
 
APPLICANT RESPONSE 
None 
 
FLOOR/PUBLIC COMMENT CLOSED: MOTION, DISCUSSION, AND VOTE 
 
MOTION:  
Perez motioned to approve the request as presented. Fogelson seconded the motion. 
 
DISCUSSION:  
Argiro expressed concern with traffic on the neighborhood streets.  
 
Perez asked whether the committee would hear the request again prior to development. 
Klimek responded that the applicant currently has appropriate entitlements to build 
multifamily, only needs to modify stipulations to allow their plan, and that, if approved, 
the plan will not return to the committee. Perez expressed concern with traffic and the 
lack of oversight. 
 
Veidmark stated that she believes the Planning Hearing Officer and the Planning and 
Development Department are diligent and will be thorough in their analysis. 
 
VOTE: 11-3, motion passes with Alauria, Barraza, Fogelson, Ford, McBride, O'Connor, 
O'Hara, Veidmark, Whitney, Vice Chair Jaramillo, and Chair Krentz in favor; Argiro, 
Perez, and Steinmetz in dissent; and none in abstention.