Attachment C - PHO-1-21--Z-47-07-1 Summary

REPORT OF PLANNING HEARING OFFICER ACTION 
Adam Stranieri, Planner III, Hearing Officer  
Danielle Jordan, Planner I, Assisting  
April 21, 2021 
ITEM NO: 1 
DISTRICT 1 
SUBJECT: 
Application #: 
PHO-1-21--Z-47-07-1 
Location: 
Approximately 775 feet north of the northwest corner of I-17 
and Old West Trail 
Existing Zoning: 
C-2
Acreage:  
18.04 
Request: 
1) Review of conceptual site plan and elevations by the
Planning Hearing Officer per Stipulation 1.
2) Modification of Stipulation 2 regarding approval of a
comprehensive sign plan.
Applicant: 
Brennan Ray, Burch & Cracchiolo PA 
Owner: 
 
Transwestern Investments LLC 
Representative: 
Brennan Ray, Burch & Cracchiolo PA 
ACTIONS 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification and additional stipulations. 
Village Planning Committee (VPC) Recommendation: The Rio Vista Village 
Planning Committee heard this request on April 13, 2021 and voted 4-2 to 
recommend denial. 
DISCUSSION 
Brennan Ray, the applicant and representative for the request, gave an overview 
of the proposal. He stated that NexMetro is the developer of the approximately 
18.04-acre site located north of the northwest corner of I-17 and Old West Trail, 
along the I-17 frontage road. He stated that the site is designated Commercial on 
the General Plan Land Use Map and has been zoned C-2 since 2007. He stated 
that a neighborhood meeting was held on March 31, 2021 where 8 neighbors 
attended, and the discussion revolved around traffic at the intersection of 43rd 
Avenue and Anthem Way. He stated that they are requesting review and 
approval of site plan and elevations per Stipulation 1 and modification to 
Stipulation 2 regarding the requirement for a comprehensive sign plan for the 
entire development. He stated that Stipulations 3 through 7 have been satisfied. 
He indicated that the site plan showed a gated community consisting of 191 
ATTACHMENT C

Planning Hearing Officer Summary of April 21, 2021 
Application PHO-1-21--Z-47-07-1 
Page 2 
 
single-story rental casitas with primary access from 43rd Avenue and a 
secondary access along the I-17 frontage road. He stated that amenities include 
a central open space area, a main amenity area, a dog park, and sidewalks that 
connect the open spaces. He stated that Stipulation 1.f takes into consideration 
the site design for residential uses and how the proposed use needs to mitigate 
impacts of the proximity to I-17. There are no units fronting 1-17, with a setback 
of approximately 90 feet, and a noise barrier wall which meets this stipulation’s 
intent. He stated that the elevations consist of three different floor plans and 
elevations styles which meet the intent of Stipulations 1.a regarding architectural 
consistency, Stipulation 1.b. regarding using natural desert material, and 
Stipulation 1.g regarding an architectural plan. 
Terry Mullarkey, speaking in opposition to the request, stated that he opposed 
the density proposed in the plan and that he would prefer either a commercial 
development or a traditional R1-6 zoned single-family neighborhood.  He stated 
that he is opposed to the proposed landscaping as it is not consistent with the 
north Valley, which does not include palm trees. He stated that he is also 
opposed due to traffic on 43rd Avenue and would like to see a full four traffic 
lanes on 43rd Avenue, and additional enhancements on the I-17 frontage road.  
Brennan Ray responded that this is not a rezoning request but a request to meet 
conditions and modify existing stipulations. He stated that the property is zoned 
C-2 which allows for multifamily residential uses subject to the R-3 development 
standards by right. He stated that compared to what would be allowed by right in 
the C-2 zoning, they are proposing 191 units compared to 274 without density 
bonus points. He stated that the City of Phoenix is planning on making 
improvements to 43rd Avenue in summer of 2021. He stated that they are not 
asking to modify any traffic related stipulations from the original rezoning request.  
Adam Stranieri asked Mr. Ray what the percentage of open space is. Mr. Ray 
responded stating that under the R-3 standards 5% is required and the 
development is providing 12% open space. He stated that in addition to the 
common areas there is private open space being provided at 9.6% of the site. He 
stated in combination of common areas and private open space it is 22% of the 
site and when including landscaping areas, it will be 48% of the site. Mr. Stranieri 
asked what the common open space calculation would be solely related to the 
Ordinance’s definition of the development standard. Mr. Ray responded that it is 
12.7%. 
Mr. Stranieri responded to a public comment made by Mr. Mullarkey regarding 
the landscape palette. He stated that while there are no stipulations that address 
conformance to a landscape plan or legislative review of a landscape plan 
through the PHO process, he also had questions regarding the palette. He asked

Planning Hearing Officer Summary of April 21, 2021 
Application PHO-1-21--Z-47-07-1 
Page 3 
 
if the proposed palm trees are only in the entrance. Mr. Ray stated that the palms 
are only at the entrance off 43rd Avenue and around the pool area. 
Mr. Stranieri noted that the original rezoning request was approved in 2007 and 
that Stipulation 1 regarding review of conceptual plans was established because 
there were no conceptual drawings during the original rezoning request. 
However, while the staff report did anticipate commercial uses as the most likely 
future development option, they did take potential residential uses into account 
with the criteria in Stipulation 1.f regarding site design of residential uses. He 
stated that Stipulation 1 establishes the criteria for the review of these plans. He 
stated Stipulation 1.a. requiring the elevations to provide architectural 
consistency regarding mass, style, wall and lighting is common for large scale 
commercial developments that have multiple users to ensure that there is 
consistency between the multiple sites. However, he noted that the proposed 
residential elevations are consistent without being monotonous.  
Mr. Stranieri stated that Stipulation 1.b requires the primary finished materials to 
be of a desert material or context. He noted that there are a variety of materials 
on the proposed elevations that are consistent with what the City looks for in the 
design review process and is compatible with surrounding developments. He 
stated that Stipulation 1.c regarding drive through facilities, Stipulation 1.d 
regarding shaded walkways and arcades and Stipulation 1.e regarding breaking 
up large parking expanses are specific to the potential site being developed as a 
commercial center.   
Mr. Stranieri stated that Stipulation 1.f addressed mitigating features to lessen 
impacts of the I-17 on potential residential developments. He stated that the 
proposed site plan showed a prioritized primary entry on 43rd Avenue, and the 
driveway on I-17 is a secondary access point. Also, the curve of the secondary 
access point minimizes interruption to the sound barrier wall and reduces 
impacts of freeway noise on units. He stated that the increased building setback 
from the I-17 frontage road also reduces the impact.  
Mr. Stranieri recommended an additional stipulation regarding the use of native 
and drought-resistant plant species drawn from the Desert Character Overlay 
Districts in order to allow the applicant to continue working with staff on a plant 
palette more compatible with the desert environment in the surrounding area.  
Mr. Ray was amenable to the recommendation. 
Mr. Stranieri stated that Stipulation 1.g. required an architectural plan to be 
approved along with the elevations. The conditions for the plan are talking about 
accent material, detailing, street appurtenances and detail section for screening. 
He noted that while this stipulation is more concerned about the possibility of the 
property being split into multiple commercial users, that in the proposed 
elevations these items have been addressed to an appropriate extent.

Planning Hearing Officer Summary of April 21, 2021 
Application PHO-1-21--Z-47-07-1 
Page 4 
 
Mr. Stranieri stated that Stipulation 2 established a requirement for a 
comprehensive sign plan for the entire property. He suggested a minor 
modification to the applicant’s request to clarify that the requirement would 
remain for commercial land uses only.  
Mr. Stranieri stated that the site was archaeologically sensitive, and staff 
recommended three additional stipulations regarding the requirements for 
surveys, data testing and coordination with the Archaeology Office. 
 
FINDINGS 
 
1) The original rezoning case contemplated development of the site with 
commercial uses.  As there were no site plans or elevations included in 
the original application, it was unknown at the time how the site would 
ultimately develop, what specific uses would be implemented, and the 
scale and intensity of future development.   Therefore, Stipulation 1 was 
adopted to require Planning Hearing Officer review through the public 
hearing process once these became available.  However, this stipulation 
did recognize that the site may develop with residential uses as permitted 
in the approved C-2 zoning designation.   Stipulation 1.f directly addressed 
this by establishing criteria for mitigating impacts of the I-17 on potential 
residences. 
  
The proposed conceptual site plan in this request depicts a 191-unit 
multifamily complex consisting of bungalow-style homes with a maximum 
height of one story and 18 feet 11 inches.  The proposed density is 10.59 
dwelling units per gross acre, which is less than the 17.40 dwelling units 
per gross acre permitted in the R-3 PRD development option with bonus 
points.  The maximum building height is one story and 18 feet 11 inches, 
which is less than the two stories and 30 feet permitted in the R-3 PRD 
development option.  The applicant noted that the proposed open space 
consisted of approximately 11.2% of the gross project area.  The 
proposed units consist of a mix of detached, stand-alone units and 
duplexes, rather than a traditional multifamily apartment complex.  The 
scale and intensity of the proposal is appropriate for its location along the 
I-17 frontage road, consistent with the mix of uses between 43rd Avenue 
and the freeway in the surrounding area, and provides a buffer between 
existing single-family development to the west and the I-17 freeway. 
 
2) Stipulations 1.a through 1.g established specific criteria regarding the 
review of the site plan and elevations.  General conformance to the 
proposed conceptual site plan and elevations is recommended as 
discussed throughout these findings.

Planning Hearing Officer Summary of April 21, 2021 
Application PHO-1-21--Z-47-07-1 
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3) Stipulation 1.a requires architectural consistency in the elevations 
regarding building mass, building style, wall treatments, lighting, and 
signage.  This stipulation was originally intended to address the potential 
development of the site with multiple commercial uses.  With the 
conversion of this stipulation to general conformance for the proposed 
residential development, this concern is not wholly relevant.  However, the 
residential elevations do provide an appropriate level of consistency while 
still providing for architectural diversity with three home styles (Spanish, 
farmhouse, prairie).  Architectural features include multiple window styles, 
gable ornamentation, multiple building colors, wainscot, shutters, siding, 
and other details.  Material diversity is achieved using board and batten, 
stucco, stone and brick veneers, and multiple roof materials.  
 
4) Stipulation 1.b requires the use of finishing materials that are appropriate 
for a desert context.  The proposed conceptual elevations utilize a variety 
of materials and include a detailed color palette that is compatible with 
existing development and the desert context of the surrounding area. 
 
5) Stipulation 1.f requires special consideration for residential uses regarding 
mitigating impacts of the I-17.   It addresses four conditions that are 
addressed in the applicant’s submittal as follows: 
 
a) Innovative Site Design - The primary entry to the community is 
located along 43rd Avenue, not along the I-17 frontage road.  There is 
a secondary access point along the I-17 frontage road which was 
designed with a curve that limits the size of the break in the sound wall 
which is located along the entire east property line. 
 
b) Increased Setbacks - Along the I-17 frontage road, an approximately 
80-foot building setback is proposed which greatly exceeds the zoning 
requirement.  Additionally, all units either front or side along the east 
property line reducing potential noise issues on the private rear yards. 
Finally, there are proposed detached garages depicted between the 
units and the sound wall intended to further dampen noise.   
 
c) Sound barriers - A sound wall is proposed along the entire east 
property line which is further buffered by proposed detached garages 
as discussed above.  
 
d) Increased Landscaping – The conceptual landscape plan depicts a 
variety of large and medium canopy shade trees along the east 
property line.  In most areas, trees are proposed in a double-row 
configuration and with trees on either side of the sound barrier wall. 
 
6) Stipulations 1.c, 1.d, 1.e, and 1.g addressed specific considerations that 
were relevant to the original vision of the site developing with multiple

Planning Hearing Officer Summary of April 21, 2021 
Application PHO-1-21--Z-47-07-1 
Page 6 
 
commercial users.  Regarding Stipulation 1.g, the majority of the 
considerations are reflected in the conceptual elevations and the 
recommendation for general conformance. 
 
7) Stipulation 2 regarding approval of a comprehensive sign plan was 
relevant to the assumption in the original rezoning case that the site would 
develop with multiple commercial uses.  This requirement is not relevant 
to the development of the site with a single multifamily development.  The 
applicant’s request to modify this stipulation is recommended to be 
approved with a modification to the standard language to specify that this 
requirement is only relevant to development proposals for commercial 
land uses. 
 
8) The applicant submitted a conceptual landscape plan with the application 
and noted that he had received some concerns during public outreach on 
the case regarding the use of date palms in the plant palette as they are 
not consistent with the desert character of the property and the 
surrounding area.   He stated that he had no concern removing the date 
palms and continuing to hone the plant palette to reflect the desired desert 
character.  An additional stipulation is recommended to require that the 
plant palette include native and drought resistant species compatible with 
the surrounding desert environment.   
 
9) The site is identified as archaeologically sensitive and three additional 
stipulations are recommended to be included to address requirements for 
archaeological survey and testing. 
 
DECISION: The Planning Hearing Officer recommended approval with a 
modification and additional stipulations. 
 
STIPULATIONS 
 
1. 
That conceptual site plan(s) and elevations shall be approved by the 
Planning Hearing Officer through the public hearing process prior to 
Development Services Department preliminary site plan approval. The site 
plan(s) and elevations shall include the following: 
 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH 
THE SITE PLAN AND ELEVATIONS DATE STAMPED MARCH 5, 2021, 
AS MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED 
BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
 
 
a. 
Elevations which provide architectural consistency in building mass 
and style, wall treatments, lighting, and signage.

Planning Hearing Officer Summary of April 21, 2021 
Application PHO-1-21--Z-47-07-1 
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b. 
The primary finishing materials for buildings shall consist of natural 
desert materials or materials which are appropriate for the natural 
desert context. 
 
 
 
 
c. 
Drive-thru facilities shall be oriented so that drive-thru windows are 
not visible from adjacent public streets. 
 
 
 
 
d. 
Landscaping, arcades, or overhangs which provide shaded walkways 
shall be utilized. 
 
 
 
 
e. 
That parking areas shall be designed with landscaped areas to break 
up the large expanses of parking. 
 
 
 
 
f. 
Special consideration shall be given to site design in the event 
residential uses are proposed to adequately mitigate the impacts of 
the proximity to Interstate 17, such as innovative site design, 
increased setbacks, sound barriers, and increased landscaping. 
 
 
 
 
g. 
An architectural plan shall be approved with the elevations. The 
architectural plan shall convey a sense of continuity throughout the 
development and at a minimum include the following: 
 
 
 
 
 
i. 
Natural accent materials such as brick, stone, or tile for buildings 
and signage. 
 
 
 
 
 
 
ii. 
Architectural detailing such as recesses, pop outs, shade walls, 
parapets, artistic insets, or pilasters. 
 
 
 
 
 
 
iii. Street appurtenances such as benches, seat-walls, ramadas, 
shade structures, trash enclosures, lighting, and wayfinding 
signage. 
 
 
 
 
 
 
iv. Detail sections for screening and perimeter walls as well as walls 
interior to the site; said walls shall be designed and finished with 
materials similar to those of the buildings’ architectural detailing. 
 
 
2. 
THE LANDSCAPE PALETTE SHALL INCLUDE NATIVE AND DROUGHT 
RESISTANT SPECIES COMPATIBLE WITH AND REFLECTING THE 
SURROUNDING DESERT ENVIRONMENT, AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
3. 
2. 
That FOR COMMERCIAL LAND USES, a comprehensive sign plan for the 
entire property shall be approved by the Zoning Administrator FOR THE 
ENTIRE DEVELOPMENT in accordance with Section 705 of the Zoning

Planning Hearing Officer Summary of April 21, 2021 
Application PHO-1-21--Z-47-07-1 
Page 8 
 
Ordinance prior to Development Services Department final site plan 
approval for the first phase of development. 
 
 
4. 
3. 
That 55 feet of right-of-way shall be dedicated for the east half of 43rd 
Avenue as approved by the Street Transportation Department. 
 
 
5. 
4. 
That Additional right-of-way shall be dedicated for the future expansion of 
the freeway/frontage road as approved by the Street Transportation 
Department. 
 
 
6. 
5. 
That 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 
or modified by the Street Transportation Department. 
 
 
7. 
6. 
The applicant shall complete and submit the Developer Project Information 
Form for the MAG Transportation Improvement Program to the Street 
Transportation Department. This form is a requirement of the EPA to meet 
clean air quality requirements. 
 
 
8. 
7. 
That The applicant shall submit an archaeological survey report of the 
development area for review and approval by the City Archaeologist prior 
to clearing and grubbing, landscape salvage, and/or grading. Further 
archaeological monitoring and/or testing (trenching) may be necessary 
based on the results of the survey. 
 
 
9. 
IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY 
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA TESTING 
AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT OF THE 
DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY THE CITY 
ARCHAEOLOGIST PRIOR TO CLEARING AND GRUBBING, 
LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL. 
 
 
10. 
IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW OF 
THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY 
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED 
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY 
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL CONDUCT 
PHASE II ARCHAEOLOGICAL DATA RECOVERY EXCAVATIONS. 
 
 
11. 
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,

Planning Hearing Officer Summary of April 21, 2021 
Application PHO-1-21--Z-47-07-1 
Page 9 
 
AND ALLOW TIME FOR THE ARCHAEOLOGY OFFICE TO PROPERLY 
ASSESS THE MATERIALS. 
 
 
 
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