Attachment B - PHO Summary - PHO-4-21--Z-40-85-6.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: 4 DISTRICT 6 SUBJECT: Application #: PHO-4-21--Z-40-85-6 Location: Northeast corner of 44th Street and Flower Street Existing Zoning: C-O Acreage: 1.90 Request: 1) Deletion of Stipulation 8 restricting FAR to a maximum of 0.33. 2) Deletion of Stipulation 10 regarding conditional zoning approval. 3) Deletion of Stipulation 13 regarding a pool and construction fence. 4) Deletion of Stipulation 14 regarding landscaping and a watering system. 5) Deletion of Stipulation 15 regarding a six-foot wall along residences to the east. 6) Deletion of Stipulation 16 regarding a landscape and watering plan. 7) Deletion of Stipulation 17 regarding compliance with Stipulations 15 and 16. Applicant: Tim Rasnake, Archicon AAI, LC Owner: DOC-3311 North 44th Street MOBs, LLC Representative: Tim Rasnake, Archicon AAI, LC ACTIONS Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended approval with an additional stipulation. Village Planning Committee (VPC) Recommendation: The Camelback East Village Planning Committee opted not to hear this request. DISCUSSION Chris Coyler with Snell & Wilmer LLP, representing the applicant Tim Rasnake with Archicon AAI LC, provided an overview of the request. He stated that the applicant is seeking deletion of certain stipulations due to issues raised by staff in review of a proposed lot split. The property is on 1.9 acres located near 44th Attachment B Planning Hearing Officer Summary of March 17, 2021 Application PHO-4-21—Z-40-85-6 Page 2 Street and Osborn Road and is developed with a two-building office complex. The original rezoning case included stipulations for substantial conformance to the site plan and elevations and this PHO request is not asking to change those stipulations as there is no plan to change the existing uses or buildings on site. He requested that his original request to modify Stipulation 8 regarding the maximum FAR be further modified to establish maximum FAR for each individual building. He stated that he had met with members of the Arcadia Osborn Neighborhood Association who had expressed concern with the deletion of the stipulation. He stated Stipulations 10, 13, 14, 15, 16 and 17 were originally applied as conditions of prior time extensions and the requirements had been met and were no longer relevant. Adam Stranieri asked for more information about the conversation with the Arcadia Osborn Neighborhood Association. Mr. Coyler stated while the case was not heard by the Camelback East VPC, he had reached out separately to the association to discuss the case. During the discussion there were concerns with deleting the FAR stipulation and they proposed recalculating it for each new lot. Mr. Stranieri stated that the original intent of the FAR stipulation was to be consistent with the FAR calculation for the building to the north, which was demolished between 2017 and 2018. He stated that even in 1985, FAR was not a development standard in the C-O zoning district. He noted that Stipulation 1 already held the site to substantial conformance to a site plan which controlled lot coverage and height and Stipulation 5 restricted the height in accordance with R- O zoning standards. He stated that these stipulations already directly addressed the two primary concerns that relevant to FAR calculations, height and lot coverage. He stated that he was inclined to delete the stipulation as originally requested. Mr. Stranieri stated that Stipulation 10 regarding conditional zoning approval has been met and can be deleted. Stipulations 13, 14, 15, 16 and 17 were established in prior time extensions, have been met, and can be deleted. He also noted that the Street Transportation Department recommended an additional stipulation to record a cross access easement and a common driveway agreement between the two new parcels. FINDINGS 1) Rezoning Case No. Z-40-85-6 established C-O zoning on approximately 1.9 acres for a parcel at the northeast corner of 44th Street and Flower Street. Three subsequent PHOs were approved in 1986 and 1987 to allow time extensions for conditional zoning stipulations. Multiple additional stipulations were added in the approval of these extensions. The stipulations applicable to this request are outlined in the Planning and Development Department staff memo dated February 2, 2021. Planning Hearing Officer Summary of March 17, 2021 Application PHO-4-21—Z-40-85-6 Page 3 2) The applicant’s request for deletion of Stipulation 8 limiting the floor area ratio (FAR) of the site to 0.33 is recommended for approval. During the original rezoning case, the proposed FAR was calculated as the sum of the proposed buildings on the entire subject property and intended to be compatible with the FAR of existing office uses on adjacent property to the north. The offices to the north are no longer present on the site and the entire subject property of this rezoning case was developed. Generally, the City has moved away from utilizing FAR as a standard to control the intensity of development and instead relies on height and lot coverage calculations. The existing stipulation is also impacting the applicant’s ability to pursue a lot split application for the subject property. Deletion of the stipulation will allow the lot split request to proceed. Additional stipulations may be applied in that process and existing C-O zoning development standards regarding height and lot coverage will continue to apply to control the intensity of development. 3) The applicant’s request for deletion of Stipulation 10 regarding conditional zoning approval is recommended for approval. The property was developed and the approved zoning was vested with the City Council’s adoption of Ordinance No. G-2850 regarding Official Supplementary Zoning Map No. 739. 4) The applicant’s requests for deletion of Stipulations 13, 14, 15, 16, and 17 are recommended for approval. These stipulations were created as conditions of the time extensions in the three prior PHO’s and include requirements for removal of a pool and construction fence, installation of a wall on the east property line, landscaping, and conditions if these requirements were not met. The property was developed and these conditions were met. 5) The Street Transportation Department recommends an additional stipulation regarding a cross-access easement and common driveway agreement between the proposed new parcels Lot 1A and 1B, as depicted on the Illustrative Conceptual Site Plan date stamped January 22, 2021. This stipulation will ensure the continued use and access from the existing driveway and parking areas located approximately 210 feet north of the northeast corner of 44th Street and Flower Street. DECISION: The Planning Hearing Officer recommended approval with an additional stipulation. Planning Hearing Officer Summary of March 17, 2021 Application PHO-4-21—Z-40-85-6 Page 4 STIPULATIONS 1. That The project shall be built in substantial compliance with the site plan and elevations dated January 27, 1985. 2. That There SHALL be a one-foot vehicular non-access easement dedicated to the City of Phoenix along the south side of the parcel to preclude access to and from the project along Flower Street. 3. That A landscaped setback of 25 feet shall be provided along Flower Street and a 20-foot landscaped setback shall be provided along 44th Street. 4. That THE landscaping plan along the east boundary line of the site shall provide for a continuous oleander hedge with any existing void spaces to be replanted with 15-gallon oleander plants six feet on center. 5. That The maximum height of the buildings shall be in accordance with R- O Ordinance. 6. That Access SHALL be limited to 44th Street. 7. That A mature landscape barrier SHALL be provided as follows: a. 10 feet on the east property line. b. 25 feet on the south property line. c. 20 feet on the west property line. 8. That the FAR not exceed 0.33. 8. 9. That There shall be a 10-foot setback along the east property line. 10. That approval of this rezoning be conditioned upon development in accordance with Section 108-K of the Zoning Ordinance within 60 days of City Council’s August 26, 1987 approval action. 9. 11. That the Trash pickup shall be limited to the daylight hours on the weekdays. 10. 12. That Sufficient right-of-way SHALL be dedicated within one year of final City Council action to provide: Planning Hearing Officer Summary of March 17, 2021 Application PHO-4-21—Z-40-85-6 Page 5 a. A 50-foot half street for 44th Street. b. A 12-foot radius at 44th Street and Flower Street. 13. That the pool remaining in the cleared area be filled and the construction fence surrounding the property removed. 14. That the site be landscaped/grassed with an appropriate watering system installed within 60 days of City Council action, as approved by the Development Coordination Office. 15. That within 60 days, a six-foot wall be constructed along the residences to the east, and such building material, for the wall, be compatible to the residences. 16. That within 30 days, landscaping be installed, including grass on the total site with an appropriate water system. The Development Coordination Office, as previously stipulated, is to approve the plan. 17. That if Item Nos. 15 and 16 are not done within the set time frame, these will be considered zoning violations, subject to prosecution. 11. THE DEVELOPER SHALL RECORD A CROSS-ACCESS EASEMENT AND COMMON DRIVEWAY AGREEMENT FOR PARCELS NOS. 1A AND 1B, AS DEPICTED ON THE ILLUSTRATIVE CONCEPTUAL SITE PLAN DATE STAMPED JANUARY 22, 2021, AND AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 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.