Attachment C - PHO Summary - PHO-3-21--Z-129-95-3.pdf
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REPORT OF PLANNING HEARING OFFICER ACTION Adam Stranieri, Planner III, Hearing Officer Danielle Jordan, Planner I, Assisting March 17, 2021 ITEM NO: 3 DISTRICT 3 SUBJECT: Application #: PHO-3-21--Z-129-95-3 Location: Approximately 330 feet east of the southeast corner of 7th Avenue and Bell Road Existing Zoning: C-2 Acreage: 1.68 Request: 1) Deletion of Stipulation 1 regarding general conformance to the site plan dated September 18, 1995. 2) Deletion of Stipulation 6 regarding driveways on 7th Avenue and Bell Road. 3) Deletion of Stipulation 7 limiting number and design of pads. 4) Deletion of Stipulation 9 regarding a variance for an eight-foot wall on the south property line. 5) Deletion of Stipulation 10 regarding construction, maintenance, and repair of the south perimeter wall. 6) Deletion of Stipulation 12 regarding an average 25-foot landscape buffer along the south property line. 7) Deletion of Stipulation 13 prohibiting illumination of the ice rink roof. 8) Deletion of Stipulation 14 regarding speed bumps in main driveway aisles. 9) Deletion of Stipulation 15 limiting height of freestanding signs. 10) Deletion of Stipulation 16 regarding notifications for future Site Plan Review Division meetings. 11) Deletion of Stipulation 17 requiring construction commence within 24 months of City Council approval. 12) Technical corrections to Stipulations 3 and 5. Applicant: Geyser Management LLC Owner: Turner Property Development II, LLC Representative: Susan Demmitt, Gammage & Burnham, PLC Attachment C Planning Hearing Officer Summary of March 17, 2021 Application PHO-3-21--Z-129-95-3 Page 2 ACTIONS Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended approval with a modification and an additional stipulation. Village Planning Committee (VPC) Recommendation: The Deer Valley Village Planning Committee heard this case on March 11, 2021 and recommended approval with a modification by a vote of 8-0. DISCUSSION Susan Demmitt with Gammage & Burnham PLC, representing the applicant Geyser Management LLC, provided an overview of the request. She stated that the site is on approximately 1.6 acres located east of the southeast corner of 7th Avenue and Bell Road and is part of a larger 10-acre commercial development. It is currently a single tenant restaurant building that will be demolished and the property will be subdivided into two parcels. One of the parcels is intended to develop with a Dutch Bros drive-through coffee shop. The other parcel is currently being considered for either a drive-through oil change shop or a drive- through restaurant. The applicant has separately applied for Zoning Adjustments for the proposed outdoor patios. She noted that the site is subject to stipulations from the original rezoning request. The proposed Dutch Bros coffee shop, on Parcel A, is approximately 900 square feet with an additional 400 square feet in outdoor patio space and includes a double lane drive-through with a bypass lane. She presented two conceptual site plans for Parcel B. The request is to delete several stipulations. Deleting Stipulation 1 regarding general conformance is intended to provide flexibility regarding the different options for development of Parcel B. She requested to withdraw her original request for deletion of Stipulation 6 and stated that after discussing the issue of driveways with the Street Transportation Department she agrees the stipulation should be retained. The deletion of Stipulation 7 regarding the number of pads is intended to maintain consistency with past PHO approvals for the rezoning area. The deletion of Stipulations 9, 10, 12, 13, 14, 15, 16 and 17 are due to the stipulations referring to an ice-skating rink that was never developed, outdated notification requirements, and an outdated time stipulation. Adam Stranieri asked about the alternative site plans and noted that Alternative A is the site plan that was routed for comment. He asked if the Alternative B Site Plan had been presented at the Deer Valley Village Planning Committee hearing. Ms. Demmitt responded stating that she did present the Alternative B Site Plan at the hearing. Mr. Stranieri noted that a reference exhibit in the presentation regarding a Dutch Bros site in Queen Creek depicted convergence points in the drive-through Planning Hearing Officer Summary of March 17, 2021 Application PHO-3-21--Z-129-95-3 Page 3 configuration than the submitted plan. He asked if the proposed site plan represented a model that Dutch Bros had developed in the Valley. Bill Cantieri with Dutch Bros clarified that the difference is the drive-through staging. The Queen Creek drive-through starts with two lanes and funnels into one, while the Alternative A site plan allows for two lanes the entire time. This will allow for two runners, who will take orders at the same time. This will also allow simpler orders to be delivered faster through the bypass lane. Mr. Stranieri stated that deletion of Stipulation 1 regarding general conformance is the appropriate request due to the original stipulated site plan lacking detail to do a general conformance review, the multiple options for Parcel B, and allowing any required further adjustments regarding the drive-through on Parcel A during plan review. Stipulation 7 regarding the number of pads should be deleted given prior PHO approvals and the existing development on the larger site. Stipulation 6 should be retained as noted by the representative as this will be in line with the recommendation from the Street Transportation Department. Stipulations 9, 10 and 12 are specific to adjacent residences and are off-site to this request and the property that is subject to these stipulations has since been developed and subsequently rezoned. Stipulations 13, 14, 15 and 17 are specific to design and development of the ice staking rink and are off-site to the request. Stipulation 16 is concerning notification to specific individuals who were confirmed to no longer own the referenced properties. FINDINGS 1) The original rezoning case established C-2 zoning on approximately 10 acres at the southeast corner of 7th Avenue and Bell Road. The stipulated site plan depicted an ice-skating rink on the south half of the subject property and a gas station and two retail pads along Bell Road. The ice-skating rink did not develop and two rezoning cases, PHO-1-99— Z-129-95 and Z-SP-17-04, were approved that ultimately allowed the development of multiple collocated automobile uses on this portion of the site including a collision center, repair shop, paint shop, washing facilities, storage, and parking. Rezoning Case No. PHO-2-06—Z-129-95 modified or deleted multiple stipulations to allow development of an additional pad site along Bell Road. 2) The applicant’s request for deletion of Stipulation 1 is recommended for approval. The applicant provided two conceptual site plans. They each depict a drive-through restaurant on the east half of the site. Proposed land uses for the west half include a drive-through oil change facility and a drive-through restaurant. Both plans are compatible with the land use pattern in the surrounding area and consistent with the scale and character of adjacent development. Deletion of the stipulation will allow Planning Hearing Officer Summary of March 17, 2021 Application PHO-3-21--Z-129-95-3 Page 4 flexibility in the development of the site. Additionally, the applicant has not requested to delete any other existing stipulations relevant to the property including enhanced landscape setbacks, building adjacent landscaping, enhanced sidewalks, and security lighting. These requirements exceed conventional zoning standards. 3) The applicant requested to withdraw their proposed deletion of Stipulation 6 regarding the number of driveways along 7th Avenue and Bell Road and shared access. This recommendation is consistent with the City Council approved Complete Streets Policy and the recommendation of the Deer Valley Village Planning Committee. The Street Transportation Department also indicated that they would not support the request to delete Stipulation 6 noting that the Street Transportation Planning and Design Manual states that parcels along arterial roadways (e.g. Bell Road) should share driveways and common ingress/egress easements. The applicant’s conceptual site plans currently demonstrate meeting this requirement. They also stated that an additional driveway would not allow enough queuing, acceleration and deceleration space and may cause conflicts with pedestrians. Therefore, it is recommended that Stipulation 6 be retained. 4) The applicant’s request to delete Stipulation 7 is recommended for approval. This stipulation was already removed from the adjacent property to the east in Rezoning Case No. PHO-2-06—Z-129-95. Additionally, there are now four individual parcels within the subject area along Bell Road which is not consistent with the original recommendation limiting development to three pads. 5) The applicant’s requests for deletion of Stipulations 9, 10, and 12 are recommended for approval. These stipulations were specific to concerns regarding buffering adjacent residences from the proposed ice-skating rink along the south perimeter property line of the original rezoning area. The ice-skating rink did not develop, and this shared property line is now in the subject area of Rezoning Case No. Z-SP-17-04 which contains its own stipulations regarding enhanced buffering. 6) The applicant’s requests for deletion of Stipulations 13, 14, 15, and 17 are recommended for approval. These stipulations are specific to design elements regarding the original proposed ice-skating rink including lighting, traffic calming, and signage. The ice-skating rink did not develop as discussed in these findings. 7) The applicant’s request for deletion of Stipulation 16 regarding notification is recommended for approval. Staff confirmed that the individuals listed in this stipulation no longer own the properties identified. No public correspondence was received in response to this request. Planning Hearing Officer Summary of March 17, 2021 Application PHO-3-21--Z-129-95-3 Page 5 DECISION: The Planning Hearing Officer recommended approval with a modification and an additional stipulation. STIPULATIONS 1. That development be in general conformance to the site plan dated September 18, 1995, as amended by the stipulations below. 1. 2. That An average 40-foot landscaped setback SHALL be provided along Bell Road. No more than 50 percent of this landscape setback shall be used for retention purposes. 2. 3. That An average 20-foot landscaped setback SHALL be provided along 7th Avenue. Landscaping within this setback shall include mature shade trees, planted 20 feet on-center or in equivalent groupings as approved by the PLANNING AND Development Services Department. This landscape setback shall also include berming and/or decorative walls to screen the parking areas as approved by the PLANNING AND Development Services Department. No more than 50 percent of this landscaped setback may be used for retention purposes. 3. 4. That The portion of landscaping or usable hardspace that surrounds each commercial pad area SHALL be approximately 35 percent of the building square footage. That Approximately one-third (1/3) of the site improvements surrounding the building should be landscaped. If no parking is provided in front of the pad, all landscaping behind the public sidewalk on the pad site may be utilized in meeting this stipulation. 4. 5. That Sidewalks within required setback areas SHALL be set back a minimum of eight (8) feet from the curb on Bell Road and 7th Avenue to create a landscaped buffer between pedestrians and adjacent automobile traffic, as approved by THE PLANNING AND Development Services Department. 5. 6. That Site access shall be limited to a maximum of three (3) driveways each to 7th Avenue and Bell Road. Shared access shall be provided with the adjoining land to the east, if developed with commercial zoning. 7. That three pads be allowed, but designed to minimize the effect of a strip mall, including maximizing view corridor and integrating landscaping. 6. 8. That The applicant shall agree to record covenants, conditions and restriction (CC & R’s) on the property ensuring the continued maintenance of the property and that trash or graffiti that appear within the boundaries of the development Planning Hearing Officer Summary of March 17, 2021 Application PHO-3-21--Z-129-95-3 Page 6 be removed within forty-eight (48) hours after discovery in order to discourage future defacement and destruction of the property. 9. That, within 120 days of approval by the City Council of the requested C-2 zoning, that applicant shall file a variance request with the Zoning Administrator seeking approval of an eight (8) foot high wall to be constructed on the south property line between the subject property and the D.R. Horton residential development located to the south. Should the request for an over-height wall be approved, the perimeter wall shall be shown on the site plan for the ice rink to be submitted to the Site Plan Division of the Development Services Department. 10. That the south perimeter wall shall be constructed prior to or concurrent with development located adjacent to the south property line. Said wall shall be fully grouted (for noise attenuation) and shall include a design, materials, and paint consistent with the existing D.R. Horton perimeter wall. The maintenance and repair of the proposed wall shall be the responsibility of the commercial property owner adjacent to the wall. 7. 11. That All freestanding security lighting shall be of recessed cut-off design and shall conform to the lighting standards of the City of Phoenix. 12. That an average twenty-five (25) foot landscape buffer be provided along the south property line. Said landscape buffer shall be planted with a double row of drought-resistant shade trees spaced twenty (20) feet on center in a staggered alignment and shrubbery as approved by the Site Plan Division of the Development Services Department of the City of Phoenix. The commercial property owner adjacent to the proposed landscape strip shall maintain the landscaping and replace any dead trees or shrubs in a timely manner, not to exceed four (4) weeks after removal. 13. That the ice rink roof shall not be illuminated. 14. That the main driveway aisles on the ice rink site shall incorporate speed bumps. 15. That any freestanding sign for the ice rink be limited to ten (10) feet in height maximum. 16. That the applicant and the City of Phoenix Site Plan Division shall notify Ken Groom (415 W. Aire Libre, Phoenix, AZ 85023) and Jeff Marek (604 W. Kelton, Phoenix, AZ 85023) for future meetings with the City of Phoenix Development Services Site Plan Review Division regarding the subject site. 17. That construction of the ice rink shall commence within 24 months of City Council approval in accordance with Section 506.B. Planning Hearing Officer Summary of March 17, 2021 Application PHO-3-21--Z-129-95-3 Page 7 8. 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. 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.