Attachment C - PHO Summary - PHO-3-22--Z-96-06-7.pdf

City of Phoenix — Formal (2022-08-31)

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REPORT OF PLANNING HEARING OFFICER ACTION  
Adam Stranieri, Planner III, Hearing Officer  
Bradley Wylam, Planner I, Assisting  
 
July 20, 2022 
 
ITEM NO: 4 
 
 
DISTRICT 7 
SUBJECT: 
 
 
 
Application #: 
PHO-3-22--Z-96-06-7 (Continued from June 15, 2022) 
Location: 
Southwest corner of 59th Avenue and Southern Avenue 
Zoning:  
S-1 (Approved R-3A and C-2) 
Acreage:  
22.12 
Request: 
1) Review of conceptual elevations per Stipulation 2. 
Applicant: 
Ray Brown, Wentworth Properties 
Owner: 
 
John Vanderwey, REXCO S202 LLC 
Representative: Alan Beaudoin, Norris Design 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification and an additional stipulation. 
 
Village Planning Committee (VPC) Recommendation: The Laveen Village 
Planning Committee heard this request on June 13, 2022 and recommended a 
continuance by a vote of 8-0.  The Laveen Village Planning Committee heard this 
request on July 11, 2022 and recommended approval with modifications by a 
vote of 8-0. 
 
DISCUSSION: 
 
Alan Beaudoin, representative with Norris Design, provided an overview of 
Stipulation 2 regarding a review of conceptual elevations. He stated that the 
applicant attended the Laveen Village Planning Committee (VPC) meeting on 
June 13, 2022 and was asked to continue the case in order to consider 
recommendations regarding conceptual elevations. He stated the applicant 
agreed to continue both the VPC and PHO hearings.  At the July 11, 2022 
Laveen VPC meeting, they presented revised elevations and received a 
unanimous approval of the request with modifications. He stated that the 
changes made to the elevations between the two meetings included artist 
renderings of the elevations, new building colors, and architectural details and 
features. He stated that the VPC recommended 6 additional stipulations at their 
meeting. He reviewed the recommended language and noted that the applicant 
supports the recommendation. 
 
Attachment C

Planning Hearing Officer Summary of July 20, 2022 
Application PHO-3-22--Z-96-06-7 
Page 2 
 
 
 
Adam Stranieri, Planning Hearing Officer, stated that four letters of 
correspondence were received prior to the hearing and noted that each letter 
was submitted prior to the June PHO hearing and receipt of the revised 
elevations. He stated that the concerns addressed in those letters appear to have 
been addressed through the revised submittal. He stated that Stipulation 2 is 
recommended to be modified by deleting it in its entirety and replacing the text 
with a general conformance requirement, with specific regard to the six design 
elements as recommended by the Laveen VPC with minor modifications to 
wording and stipulation order. He stated that the original Stipulations 2.a, 2.b, 
and 2.c are appropriately addressed by the proposed elevations and noted that 
these sub-stipulations require four-sided architecture, a minimum of three 
building materials on all elevations, and alternative roof styles. He stated that the 
sub-stipulations are now recommended to be deleted. He stated that a Recorded 
Proposition 207 Waiver is still required prior to preliminary site plan approval and 
is recommended to be added as a stipulation 
 
FINDINGS: 
 
1) The applicant submitted conceptual elevations for review by the Planning 
Hearing Officer per the requirements of Stipulation 2.  Stipulation 2 is 
recommended to be modified by deleting it in its entirety and replacing the 
text with a general conformance requirement, with specific regard to six 
design elements as recommended by the Laveen Village Planning 
Committee (VPC).  
 
The conceptual elevations reflect the standards and guidelines identified 
in Stipulation 2 as follows: 
 
a) Stipulation 2.a requires four sided architecture.  The elevations include 
multiple building materials, colors, variation in window size, shade 
canopies, overhangs, popouts, and variation in the façade.  These 
features and details are included in whole or in part on all building 
elevations. 
b) Stipulation 2.b requires a minimum of three building materials on all 
elevations.  Proposed building materials include various styles of 
composite siding, board and batten, vinyl windows, asphalt shingles, 
standing seam metal, and others.  The Laveen VPC recommended a 
variation on this stipulation which is recommended to be included.  
This stipulation will be implemented during plan review. 
c) Stipulation 2.c requires alternative roof styles.  All elevations contain 
pitched, gable, or similar roof elements and facades in a variety of 
designs and combinations.

Planning Hearing Officer Summary of July 20, 2022 
Application PHO-3-22--Z-96-06-7 
Page 3 
 
 
 
2) The Laveen VPC recommended specific regard to six additional sub-
stipulations for specific design elements.  The applicant indicated 
agreement with these conditions.  These six sub-stipulations are 
recommended for inclusion. 
 
3) During the hearing, it was noted that the applicant did not submit a 
completed, notarized, and recorded Proposition 207 Waiver of Claims 
form and an additional stipulation was recommended to require this.  
Later, it was noted that this requirement already exists as Stipulation 22.  
Therefore, an additional stipulation is unnecessary, and the existing 
stipulation will remain.  However, the applicant must still submit a 
completed, notarized, and recorded Proposition 207 Waiver of Claims 
form per this stipulation for this request. 
 
STIPULATIONS: 
 
General 
 
 
1. 
The development shall be in general conformance with the site plan date 
stamped January 15, 2019 as modified by the following stipulations and 
approved by the Planning and Development Department, with specific 
regard to the following: 
 
 
 
a. 
The maximum residential building height shall be 2 stories and 30 
feet adjacent to 59th Avenue and Southern Avenue. 
 
 
 
 
b. 
The R-3A portion of the site shall not exceed 20.8 dwelling units per 
gross acre and the entire residential development shall not exceed 
18 dwelling units per gross acre combined. 
 
 
 
 
c. 
The entire residential development shall provide a minimum 28% 
common area combined, of which a minimum 10% shall be active 
open space. 
 
 
 
 
d. 
All driveways shall be full movement where feasible and as 
approved by the Street Transportation Department. 
 
 
 
 
e. 
The residential communities shall be gated. 
 
 
 
2. 
Conceptual Elevations shall be reviewed and approved by the Planning 
Hearing Officer through the public hearing process for stipulation 
modification prior to final site plan approval. This is a legislative review for 
conceptual purposes only. Specific development standards and

Planning Hearing Officer Summary of July 20, 2022 
Application PHO-3-22--Z-96-06-7 
Page 4 
 
 
 
requirements will be determined by the Planning Hearing Officer and the 
Planning and Development Department. 
 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH 
THE ELEVATIONS DATE STAMPED JULY 20, 2022, AS MODIFIED BY 
THE FOLLOWING STIPULATIONS AND APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT, WITH SPECIFIC 
REGARD TO THE FOLLOWING:  
 
 
 
a. 
All elevations of the building shall contain architectural 
embellishments and detailing such as textural changes, pilasters, 
offsets, recesses, variation in window size and location, and/or other 
overhang canopies. 
 
INDIVIDUAL UNIT TYPES SHALL BE LOCATED ON THE SITE 
PLAN PER THE PROVIDED KEY PLANS. 
 
 
 
 
b. 
All elevations of the building shall include a minimum of three 
finishing materials.   
 
ALL ELEVATIONS SHALL UTILIZE A MINIMUM OF THREE 
DIFFERENT SIDING MATERIALS. 
 
 
 
 
c. 
Buildings shall include pitched, hipped, gable, or similar roof 
elements or facades. 
 
ROOF MATERIAL AT COVERED ENTRIES SHALL BE STANDING 
SEAM METAL. 
 
 
 
 
D. EAVES SHALL EXTEND 18 INCHES FROM PRIMARY FACADES. 
 
 
 
 
E. DARK BROWN AND/OR BLACK WINDOW FRAMES SHALL BE 
USED ON STREET FACING ELEVATIONS FOR UNITS THAT ARE 
WHITE IN COLOR. 
 
 
 
 
F. UNITS SHALL UTILIZE FARMHOUSE STYLE GOOSENECK 
LAMPS AT ENTRIES. 
 
 
 
3. 
A minimum 30-foot landscaped setback shall be provided along the east 
property line, as approved by the Planning and Development 
Department.  
 
 
4. 
Sidewalks along 59th Avenue and Southern Avenue shall be detached 
with a minimum five foot wide landscaped strip located between the

Planning Hearing Officer Summary of July 20, 2022 
Application PHO-3-22--Z-96-06-7 
Page 5 
 
 
 
sidewalk and back of curb and shall include a minimum 50% two inch 
caliper and 50% three inch caliper shade trees planted a minimum of 20 
feet on center or equivalent groupings along both sides of the sidewalk, 
as approved by the Planning and Development Department. 
 
 
5. 
Perimeter fencing along 59th Avenue and Southern Avenue shall consist 
of a minimum 60% open view fencing, as approved by the Planning and 
Development Department. 
 
 
6. 
Pedestrian access gates shall be installed to provide connectivity to the 
shared use path adjacent to the Loop 202 frontage and the Maricopa 
Community College property to the south and at all vehicular access 
points, as approved or modified by the Planning and Development 
Department. 
 
 
Disclosures 
 
 
7. 
Prior to final site plan approval, the property owner shall record 
documents that disclose to tenants of the site or purchasers of property 
within the site, the existence, proximity and operational characteristics of 
a regional freeway, active agricultural uses, non-domesticated animal 
keeping, a golf course, and industrial activities. 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. 
 
 
8. 
The property owner shall record documents that disclose the existence 
and operational characteristics of Phoenix Sky Harbor International 
Airport 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. 
 
 
Archaeology 
 
 
9. 
The developer shall complete an archaeological survey of the site; the 
survey shall be submitted to, and approved by, the City Archaeologist 
prior to any construction related ground disturbance of the site. 
 
 
10. 
All construction related ground disturbance within AZ T: 12:90 (ASM) or 
within 250 feet of AZ T: 12:90 (ASM), AZ T: 12:205 (ASM), and AZ T: 
12:221 (ASM) shall be tested and monitored for archaeological 
resources, as approved by the City Archaeologist. 
 
 
Parks and Recreation

Planning Hearing Officer Summary of July 20, 2022 
Application PHO-3-22--Z-96-06-7 
Page 6 
 
 
 
11. 
The developer shall dedicate a 30-foot public shared use path easement 
and construct a 10-foot concrete shared use path adjacent to the Loop 
202 frontage, the easement shall be landscaped with a mix of 2 and 3-
inch caliper trees and appropriate ground cover, as approved by the 
Planning and Development Department. However, the trail may be 
located on the west side of the Loop 202 frontage between Southern 
Avenue and Vineyard Road if a dedicated, publicly accessible route (e.g. 
underpass) acceptable to the City is provided between the west and east 
side of the Loop 202, this route must be located between Southern 
Avenue and Vineyard Road. 
 
 
12. 
The developer shall dedicate a 30-foot wide multi-use trail easement 
(MUTE) along the south side of Southern Avenue and construct a 
minimum 10-foot wide multi-use trail (MUT) within the easement, in 
accordance with the MAG supplemental detail as approved or modified 
by the Parks and Recreation and Planning and Development 
Departments. 
 
 
Transit 
 
 
13. 
The developer shall dedicate right-of-way and construct a bus stop pad 
along eastbound Southern Avenue east of the proposed driveway 
between Parcels B and C. The bus stop pad shall be constructed 
according to City of Phoenix standard detail P1260 with a depth of at 
least 10 feet. The bus stop pad shall be spaced from the intersection of 
Southern Avenue and any proposed driveway as per City of Phoenix 
standard detail P1258, as approved by the Public Transit Department. 
 
 
14. 
The developer shall dedicate right-of-way and construct a bus bay along 
southbound 59th Avenue, south of Southern Avenue. The bus bay shall 
be constructed according to City of Phoenix standard detail P1256. The 
attached bus stop pad shall be constructed according to City of Phoenix 
standard detail P1261 with a depth of at least 10 feet. The bus bay shall 
be spaced from the intersection of 59th Avenue and Southern Avenue as 
per City of Phoenix standard detail P1258, as approved by the Public 
Transit Department. 
 
 
15. 
The developer shall dedicate right-of-way and construct one bus stop pad 
along southbound 59th Avenue, south of the project driveway. The bus 
stop pad shall be constructed according to City of Phoenix standard detail 
P1260 with a depth of at least 10 feet. The bus stop pad shall be spaced 
from the intersection of 59th Avenue and the project driveway as per City 
of Phoenix standard detail P1258, as approved by the Public Transit 
Department.

Planning Hearing Officer Summary of July 20, 2022 
Application PHO-3-22--Z-96-06-7 
Page 7 
 
 
 
 
 
Street Transportation 
 
 
16. 
Right-of-way totaling 55 feet and a sidewalk easement totaling 10 feet 
shall be dedicated for the south half of Southern Avenue, as approved by 
the Planning and Development Department. 
 
 
17. 
Right-of-way totaling 50 feet and a sidewalk easement totaling 10 feet 
shall be dedicated for the west half of 59th Avenue, as approved by the 
Planning and Development Department. 
 
 
18. 
A 21-foot by 21-foot right-of-way triangle shall be dedicated at the 
southwest corner of 59th Avenue and Southern Avenue, as approved by 
the Planning and Development Department. 
 
 
19. 
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 per plans approved 
by the Planning and Development Department. All improvements shall 
comply with all Americans with Disabilities Act accessibility standards. 
 
 
20. 
The applicant shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvement Program to 
the Traffic Engineer II, (602) 262-6193, with the Street Transportation 
Department. This form is a requirement of the EPA to meet clean air 
quality requirements. 
 
 
21. 
The applicant shall submit a Red Border letter to ADOT for review. This 
form is a requirement of ADOT for all projects within 1/2 mile of any 
freeway, proposed or existing. Contact right-of-way Agent III (Louis J. 
Malloque), ADOT, 205 South 17th Avenue, Mail Drop 612E, Phoenix, AZ 
85007, PH: (602) 712-8755, E-mail: lmalloque@azdot.gov for additional 
information. 
 
 
22. 
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. 
 
 
23. 
The developer shall notify the following individuals at a minimum 15 
calendar days prior to any Planning Hearing Officer request to modify or 
delete stipulations or rezoning action. The notice shall include the date, 
time, and location of the hearing.

Planning Hearing Officer Summary of July 20, 2022 
Application PHO-3-22--Z-96-06-7 
Page 8 
 
 
 
 
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 Les Scott at leslie.scott@phoenix.gov or 602-376-3981 
or TTY: 7-1-1.
 
 
 
a. Phil Hertel 
2845 W. Broadway Rd. 
Phoenix, AZ 85041 
 
 
 
 
b. Jon Kimoto 
3216 W. Ansell Rd. 
Laveen, AZ 85339 
 
 
 
 
c. Sandy Hamilton 
5218 W. Magdalena Ln. 
Laveen, AZ 85339