Attachment C - PHO Summary - PHO-4-21--Z-81-05-7(8).pdf

City of Phoenix — Formal (2021-04-21)

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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: 5 
 
 
DISTRICT 8 
SUBJECT: 
 
 
 
Application #: 
PHO-4-21--Z-81-05-7(8) 
Location: 
Approximately 170 feet east of the southeast corner of 35th 
Avenue and Southern Avenue 
Existing Zoning: 
C-2 
Acreage: 
8.69 
Request: 
1) 
Modification of Stipulation 1 regarding general 
conformance to the site plan date stamped September 
23, 2005. 
2) 
Modification of Stipulation 1.b limiting the maximum 
number of lots to 59. 
3) 
Modification of Stipulation 2 regarding general 
conformance to elevations date stamped May 26, 
2005. 
4) 
Modification of Stipulation 2.a requiring homes to 
include covered entrances. 
5) 
Modification of Stipulation 4 requiring a landscaped 
entry feature. 
6) 
Modification of Stipulation 5 regarding side yard 
setbacks on Lots 31 and 32. 
7) 
Modification of Stipulation 6 regarding a 12-inch roof 
overhang. 
8) 
Deletion of Stipulation 18 regarding right-of-way and a 
transit pad along Southern Avenue. 
9) 
Deletion of Stipulation 19 regarding right-of-way and a 
transit pad along 35th Avenue. 
10) Deletion of Stipulation 20 regarding right-of-way and a 
bus-bay along Southern Avenue. 
11) Modification of Stipulation 22 limiting minimum lot 
width to 50 feet. 
12) Technical corrections to Stipulations 3, 8, 9, and 16. 
Applicant: 
Adam Baugh, Withey Morris, PLC 
Owner: 
All Other Property LLP/ETAL  
Representative: 
Adam Baugh, Withey Morris, PLC 
 
 
 
Attachment C

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 2 
 
ACTIONS 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended denial as filed and approval with modifications and additional 
stipulations. 
 
Village Planning Committee (VPC) Recommendation: The Laveen Village 
Planning Committee heard this case on March 15, 2021 and recommended 
approval with additional stipulations by a vote of 6-4. 
 
DISCUSSION 
 
Adam Baugh, applicant with Withey Morris PLC, provided an overview of the 
request. The subject site was originally approved for commercial pads and the 
current proposed use is residential townhomes. He stated that the requests are 
for updating the site plan and elevations and clarifying stipulations regarding 
applicability between the commercial and residential zoned areas of the original 
rezoning case area. The proposed development includes 133 units, is gated, and 
provides street facing units to increase pedestrian connectivity. He stated that 
there will be a view fence between the private enclosed patio areas and Southern 
Avenue to provide security. 
Adam Stranieri asked if the units fronting Southern Avenue have private 
enclosed yards with fences in addition to the view fence that is located outside 
the landscape setback. He asked how tall the walls are for the private enclosed 
yards.  Mr. Baugh stated yes, and that they will be approximately 40 inches in 
height.  
Mr. Baugh continued and explained that he incorporated feedback from the 
Laveen Village Planning Committee into the revised plans and had provided 18-
inch roof overhangs, 4-sided architecture, and a commitment to use 25% accent 
materials on all facades. He stated that this project meets the goals of the 
General Plan by providing a transition and buffer between single-family and 
commercial uses and increases housing diversity by providing a mix of densities 
and housing types. He stated that this project also meets goals in the Housing 
Phoenix Plan by providing additional residential units in Phoenix.  
Mr. Baugh then went through the requests, noting the recommendations from the 
Laveen Village Planning Committee. He highlighted one additional stipulation 
recommended by the Laveen Village Planning Committee is regarding planting 
trees on the south property line. He is requesting that the stipulation be modified 
to apply only in common areas due to the outdoor patios facing the 8-foot block 
wall on the south property which accomplishes the screening concerns of the 
village. Additionally, the space between the patio and wall is small.  Mr. Stranieri 
asked for clarification if the common area is outside the private enclosed patio

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 3 
 
space and in front of the pathway.  Mr. Baugh stated that it is only in the area 
before the units begin in the southwest corner, along the east of the property and 
in between the back of units, not along the rear of the southern units.  There is no 
pathway between the patio and the wall.  
Linda Abegg, the Vice Chair of the Laveen Village Planning Committee stated 
that she was attending in order to provide clarity on the Laveen Village Planning 
Committee recommendation. 
Mr. Stranieri stated that there were 12 stipulations included in the initial request, 
12 additional stipulations from the Laveen Village Planning Committee 
recommendation, and the applicant’s modifications to the Laveen Village 
Planning Committee recommendation.  
Mr. Stranieri started with the initial request language. He stated that Stipulation 1 
is regarding conformance to a site plan. He stated that in the original rezoning 
case, it was broken into two zoning areas, C-2 to the north and R-2 to the south, 
but neither project developed as initially proposed. He stated that the three prior 
PHO cases addressed three individual commercial pads along 35th Avenue. The 
R-2 zoning area was platted and remains subject to the stipulations in the original 
rezoning case. He stated that the submitted site plan provides a good transition 
between the commercial on 35th Avenue and the single-family subdivision to the 
east. He stated that Stipulation 1.b. was originally pertaining to the unit count for 
the R-2 portion of the rezoning case, which is off-site to this request, and should 
be modified for the current proposal based on the Laveen Village Planning 
Committee recommendation to reflect the maximum unit count of 133. He stated 
that regarding Stipulation 2, the proposed elevations contained design elements 
identified in Laveen policy plans and related stipulations, as well as providing 
diversity in building materials. He stated that Stipulations 2.a, 4, 5, 6 and 22 are 
specific to conditions on the single-family zoned area and should be deleted. He 
stated that the Public Transit Department did not support the deletion of 
Stipulations 18, 19, 20 as they would prefer to retain the stipulations to ensure 
that the required infrastructure remains compliant with the details. He stated that 
these are already built, and these stipulations have been met.  
Mr. Stranieri continued with the additional stipulations that were recommended 
by the Laveen Village Planning Committee. He stated that Stipulation 1.c 
regarding unit count would be incorporated as a modification to Stipulation 1.b.. 
He stated that Stipulation 1.d regarding providing a minimum of 21% open space 
needed revised language. He stated he had no issue with Stipulation 1.e 
regarding gating the subdivision. He stated he needed clarification from Ms. 
Abegg on the intent of Stipulation 1.f regarding driveway length as there were no 
private driveways. Ms. Abegg stated that this stipulation was added at the end of 
the motion and there was not time to clarify that there were no driveways and

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 4 
 
that her interpretation was that applying the stipulation to garage depth was 
appropriate. Mr. Stranieri stated that the language needed to be modified to 
specify enclosed, private, residential garages.   
Mr. Stranieri stated that Stipulation 1.g. regarding the 35th Avenue driveway is 
the driveway on the adjacent C-2 property, and not on the subject site. He stated 
that the stipulation should be revised to address the gate rather than the 
driveway and to allow flexibility in plan review as this configuration was not 
previously reviewed. He expressed concern regarding Stipulation 1.h. and the 
feasibility of moving the open space and unintended consequences on the layout 
for shifted units. He noted potential issues regarding general conformance, 
capability of providing walkways adjacent to shifted units, and infrastructure.  He 
stated that he was not inclined to add this stipulation but supported the applicant 
continuing to investigate the feasibility of this change.  He stated that Stipulation 
1.i requires revised language to allow flexibility in which traffic calming measures 
were appropriate for the site.  
Mr. Stranieri asked Ms. Abegg for clarification on Stipulation 2.c. regarding the 
words “exposed” and “accent.” Ms. Abegg stated that “exposed” originally meant 
street-facing, but she felt it should also apply to those facades visible to 
pedestrians within the development as well. She stated they used the word 
“accent” materials to refer to contrasting materials to the stucco base. Mr. 
Stranieri noted that the applicant requested a change from “exposed” to “all” 
sides.  He stated that this would be consistent with the existing stipulation 
requiring 4-sided architecture.  Mr. Stranieri stated that Stipulation 2.d. would be 
revised to include additional options for variation in the rooflines.  
He asked Ms. Abegg to clarify the intent of Stipulation 2.e. regarding restricting 
patios on the ground floor.  Ms. Abegg stated that looking out on the street level 
on Southern Avenue is not something that the residents would like and could 
pose safety concerns. Mr. Stranieri asked whether her intent was to add 
balconies or prohibit patios. Ms. Abegg stated that the intent was not to prohibit 
patios.  Hannah Bleam with Withey Morris PLC stated that the floor plans would 
require one to go through two different bedrooms to access a street-facing 
balcony, and it would limit enjoyment. Also, there were noise concerns with 
balconies being adjacent to Southern Avenue.  Mr. Stranieri stated that he 
agreed the stipulation should not prohibit ground-floor patios. He stated that he 
had concerns regarding requiring the addition of balconies given the existing and 
proposed stipulations regarding the elevations, the specific floor plans of the 
units, and potential impacts to general conformance.  He stated he was not 
inclined to add this stipulation but encouraged the applicant to continue exploring 
opportunities to provide balconies in the development.

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 5 
 
Mr. Stranieri stated that Stipulation 26 regarding increasing the caliper of trees in 
the setback along Southern Avenue is appropriate. However, he stated that 
Stipulation 27 regarding trees on the south property line is less clear and specific 
than the existing Ordinance requirements.  He stated was not inclined to add this 
requirement as the Ordinance would address landscaping in this area. He stated 
that the Street Transportation Department recommended three additional 
stipulations regarding detached sidewalks and bicycle amenities.  
 
FINDINGS 
 
1) The stipulated site plan depicted a major commercial shopping center on 
approximately 11.36 gross acres at the southeast corner of 35th Avenue 
and Southern Avenue consisting of approximately 89,500 square feet of 
retail space including a major anchor store, strip retail, and four pad sites.  
The plan also included approximately 9.40 gross acres of R-2 zoned 
property intended to develop as a single-family subdivision.  Neither 
project developed as originally approved.  Three prior PHO actions in 
2013, 2017, and 2018 were approved to modify stipulations to allow 
individual pad sites to develop along 35th Avenue.  The current request 
consists of a multifamily townhome development on approximately 8.69 
gross acres of the C-2 zoned area.  The proposed development consists 
of 133 units at a density of approximately 15.21 dwelling units per gross 
acre.  The project is consistent with the scale and character of 
development in the surrounding area and general conformance to the site 
plan is recommended.  
 
2) The applicant requested a modification of Stipulation 1.b regarding a limit 
on the maximum number of lots.  The original stipulation was established 
in the base zoning case to apply solely to the approximately 9.49 gross 
acre R-2 zoned property located south of the subject site.  The R-2 zoned 
property is off-site to this request and is not impacted by this application.  
Therefore, the applicant’s request to modify this language to reference the 
single-family residential use is instead recommended to be modified to 
refer to the maximum unit count for the proposed multifamily townhome 
project in this application.  This recommendation is also consistent with 
the Laveen VPC recommendation regarding a unit cap. 
 
3) The Laveen VPC recommended seven additional sub-stipulations to 
Stipulation 1 regarding the proposed conceptual site plan.  Six of these 
stipulations are recommended for inclusion.  First is a unit cap which is 
recommended as described in Finding #2.  Second is a requirement to 
provide a minimum of 21 percent of the gross project area as open space.  
This is consistent with similar developments in the Laveen community and 
promotes active uses and recreation.  Third is a requirement to gate the 
multifamily development.  This is intended to promote security given the

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 6 
 
site’s location at the intersection of two arterial streets.  Fourth is a 
requirement for a minimum 20-foot depth for parking spaces in residential 
garages.  This is intended to support large vehicles and eliminate the 
impact of these vehicles jutting into any nearby walkways.  Fifth is a 
requirement to allow ingress and egress at the vehicular gate at the 
southwest corner of the site.  This is intended to distribute traffic between 
the north and west property lines and mitigate increased traffic on 
Southern Avenue.  Sixth is a requirement for traffic calming to mitigate 
speeding and promote pedestrian safety within the development.   
 
The stipulation that is not recommended for inclusion is a requirement for 
the applicant to attempt to relocate the proposed open space adjacent to 
an existing auto repair shop to mitigate potential noise on nearby units.  It 
is unclear what the impact of this relocation would be on the site layout, 
drive aisle configuration, open space layout adjacent to relocated units, 
general conformance, and other concerns.  The applicant should continue 
to explore this option, but it is not recommended to be required. 
 
4) The stipulated elevations depicted two-story single-family homes which 
were intended to develop on the R-2 zoned property south of the subject 
site.  These elevations are not relevant to the subject property of this 
request.  The proposed elevations consist of two story attached 
multifamily townhome units.  The elevations include a variety of building 
materials including batten board, wood framed awnings, metal seam roofs, 
smooth stucco, and metal railings.  Architectural details include varied 
rooflines, pop outs, awnings, window detailing, and others.  General 
conformance to the elevations is recommended. 
 
5) The Laveen VPC recommended three additional sub-stipulations to 
Stipulation 2 regarding the proposed conceptual elevations.  Two of these 
stipulations are recommended for inclusion.  First is a requirement for all 
building facades to provide a minimum of 25 percent accent material.  This 
is depicted on the proposed elevations and enhances the existing four-
sided architecture stipulation.  Accent materials on the proposed 
elevations include Hardee board, batten board, and others.  Second is a 
requirement for roofline articulation every 45 feet.  This is depicted on the 
proposed elevations and will contribute to architectural diversity and 
interest in the designs.   
 
The stipulation that is not recommended for inclusion is a requirement for 
patios facing Southern Avenue to be on the second floor.  The Laveen 
VPC noted safety concerns and a desire to provide enhanced views from 
a higher vantage point.  The applicant noted concerns regarding noise and 
the intent to provide a secure view fence on the perimeter.  It is unclear 
how the addition of second floor balconies would impact the proposed 
conceptual elevations and conformance with other stipulations regarding

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 7 
 
these.  Additionally, it is desirable that there be private open spaces along 
Southern Avenue given that the design orients these units and entrances 
toward the street.  The applicant should continue to explore the option to 
include balconies in addition to first floor patios but it is not recommended 
to be required or to prohibit first floor patios. 
 
6) The Laveen VPC recommended two additional stipulations regarding 
landscaping.  One stipulation is recommended for inclusion.  This is a 
requirement for enhanced tree caliper sizes along Southern Avenue.  This 
will improve aesthetics along this arterial street and provide consistency 
with some of the landscaping in the surrounding area.  The stipulation that 
is not recommended for inclusion is a requirement for trees along the 
southern property line.  This stipulation is unclear regarding the species, 
caliper, or spacing of trees.  Additionally, the R-3 PRD zoning standards 
already provide perimeter standards and landscaping requirements that 
will apply in this area. 
 
7) The applicant’s requests for modifications of Stipulations 2.A, 4, 5, 6, and 
22 are recommended for denial as filed and instead to be deleted in their 
entirety.  As discussed in Findings 3 and 4, these stipulations were solely 
intended to apply to the 9.49 gross acre R-2 zoned property south of the 
subject site.  The R-2 property remains subject to all stipulations of the 
base zoning case, which include these four.  It is not recommended to 
modify these stipulations to reference the single-family residential use as 
this property is off-site and not relevant to this request.  By deleting these 
stipulations, the modifications and additional stipulations in this 
recommendation will apply solely to the proposed multifamily townhome 
project on the subject site. 
 
8) The Public Transit Department recommends denial of the applicant’s 
request for deletion of Stipulations 18, 19, and 20.  The intent of retaining 
these stipulations is to ensure that the infrastructure at the listed bus stops 
is compliant with current City of Phoenix Standard Details.  It is standard 
policy for the Public Transit Department to recommend stipulations such 
as these on all applicable cases. Should the listed infrastructure meet 
current standard at time of development, and sufficient right-of-way 
dedications exist, the Public Transit Department will consider the 
stipulations fulfilled and no further action will be required. Reconstruction 
and right-of-way dedications will only be required where deficiencies exist.  
Therefore, these requests are recommended to be denied and the 
stipulations retained. 
 
9) The Street Transportation Department recommends three additional 
stipulations.  The first requires a minimum 5-foot wide public sidewalk 
detached with a minimum 13-foot wide landscape area along Southern 
Avenue.  This configuration is consistent with the designated Cross-

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 8 
 
Section D for Southern Avenue in this location on the Street Classification 
Map.  Further, this configuration is compatible with the existing sidewalk 
immediately adjacent to the property to the east which includes an 
approximately 18-foot wide landscape area.  Finally, the recommendation 
supports mature tree growth as recommended in the Street Landscape 
Manual Policy and supports goals in the City Council approved Tree and 
Shade Master Plan.  The second and third stipulations require the 
provision of a bicycle repair station and minimum 15 bicycle parking 
spaces.  There are existing bike lanes along 35th Avenue and Southern 
Avenue that connect to a bike lane network with access to regional 
amenities such as the Western Canal and trails at South Mountain Park, 
both located within 3 miles of the subject site.  These stipulations support 
a multi-modal transportation system and goals in the City Council 
approved Complete Streets Policy.  All three stipulations are 
recommended to be added 
 
DECISION: The Planning Hearing Officer recommended denial as filed and 
approval with modifications and additional stipulations. 
 
STIPULATIONS 
 
General Conformance RESIDENTIAL 
 
 
1. 
That THE development shall be in general conformance to WITH the site 
plan date stamped MARCH 16, 2021 September 23, 2005, as modified 
by the following STIPULATIONS, and as approved or modified by the 
PLANNING AND Development Services Department: 
 
 
 
a. 
That A shaded walkway shall be incorporated into the parking lot 
with alternative paving materials where walkways cross drive aisles. 
 
 
 
 
b. 
That The MULTIFAMILY residential DEVELOPMENT portion shall 
not exceed 133 59 lots. 
 
 
 
 
C. A MINIMUM OF 21 PERCENT OF THE GROSS PROJECT AREA 
SHALL BE RETAINED AS OPEN SPACE, AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
 
 
D. THE MULTIFAMILY RESIDENTIAL DEVELOPMENT SHALL BE 
GATED. 
 
 
 
 
E. ENCLOSED, PRIVATE, RESIDENTIAL GARAGES SHALL 
PROVIDE PARKING SPACES WITH A MINIMUM LENGTH OF 20 
FEET, AS APPROVED OR MODIFIED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT.

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 9 
 
 
 
 
 
F. THE VEHICULAR GATE AT THE SOUTHWEST CORNER OF THE 
SITE SHALL SUPPORT BOTH INGRESS AND EGRESS, AS 
APPROVED OR MODIFIED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
 
 
G. SPEED BUMPS OR ANOTHER ALTERNATIVE TRAFFIC 
CALMING MEASURE SHALL BE USED FOR SPEED MITIGATION. 
 
 
Residential 
 
 
2. 
That THE development shall be in general conformance WITH to the 
residential elevations date stamped MARCH 16, 2021 May 26, 2005, as 
modified by the following STIPULATIONS, and as approved or modified 
by the PLANNING AND Development Services Department. 
 
 
 
a. That all homes shall include covered entrances, such as porches, 
archways, or landscaped courtyards; 
 
 
 
 
A. 
b. 
That The elevations shall incorporate four-sided architecture. 
 
 
 
 
B. ALL BUILDING FACADES SHALL HAVE A MINIMUM OF 25 
PERCENT ACCENT MATERIAL. 
 
 
 
 
C. BUILDING ROOFLINES SHALL PROVIDE ARTICULATION, 
DESIGN ELEMENTS, OR SIMILAR FEATURES AT A MINIMUM 
SPACING OF 45 FEET. 
 
 
3. 
THE REQUIRED LANDSCAPE SETBACK ALONG SOUTHERN 
AVENUE SHALL BE PLANTED WITH A MINIMUM 50 PERCENT 3-
INCH CALIPER TREES, AND MINIMUM 25 PERCENT 2-INCH 
CALIPER TREES. 
 
 
4. 
3. 
That The common open space area shall provide active recreational 
elements, such as tot lots and ramadas, as approved by the PLANNING 
AND Development Services Department. 
 
 
4. 
That a minimum 40-foot by 40-fot landscaped entry feature shall be 
provided on both sides of the main entry into the residential 
development, as approved by the Development Services Department. 
 
 
5. 
That the side yard setback on Lots 31 and 32 provide a minimum of 20 
feet between buildings.

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 10 
 
6. 
That all buildings must have a minimum 12-inch roof overhang. 
 
 
5. 
THE DEVELOPER SHALL CONSTRUCT A MINIMUM 5-FOOT-WIDE 
PUBLIC SIDEWALK ALONG SOUTHERN AVENUE TO BE DETACHED 
WITH A MINIMUM 13-FOOT-WIDE LANDSCAPE AREA LOCATED 
BETWEEN THE BACK OF CURB AND SIDEWALK, CONSISTENT 
WITH CROSS SECTION D, AS IDENTIFIED ON THE STREET 
CLASSIFICATION MAP, AS APPROVED OR MODIFIED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. TREES IN THE 
LANDSCAPE AREA SHALL BE PLANTED NEAR THE SIDEWALK TO 
PROVIDE THERMAL COMFORT FOR PEDESTRIANS, AS 
APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
 
6. 
THE DEVELOPER SHALL PROVIDE A BICYCLE REPAIR STATION 
(FIX-IT-STATION) ALONG THE NORTH PERIMETER PROPERTY 
LINE THAT IS ACCESSIBLE AND VISIBLE FROM THE PUBLIC 
SIDEWALK, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
7. 
THE DEVELOPER SHALL PROVIDE A MINIMUM OF 15 BICYCLE 
PARKING RACKS OR BIKE LOCKERS, AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
Commercial 
 
 
8. 
7. 
That The commercial buildings elevations shall be approved through the 
Planning Hearing Officer process prior to preliminary site plan approval, 
with specific regard to the following. 
 
 
 
a. 
That The commercial structures shall have pitched roofs or pitched 
roof elements. 
 
 
9. 
8. 
That A minimum 40-foot by 40-foot landscaped entry feature shall be 
provided at the two ingress/egress points furthest from the intersection of 
35th Avenue and Southern Avenue, as approved or modified by the 
PLANNING AND Development Services Department. The enhanced 
landscape feature shall include a turf area and provide plant types from 
the following list: 
 
 
 
a. 
Trees: pecan, Arizona ash, evergreen elm, heritage live oak, 
sycamore, or other similar canopied trees;

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 11 
 
 
b. 
Shrubs: myrtle (true, dwarf, and/or twisted), pomegranate, AZ yellow 
bells, bush lantana, Mexican honeysuckle, primrose jasmine, or 
other similar shrubs; 
 
 
 
 
c. 
Accents: deer grass, wild sunflowers, penstemon, golden columbine, 
or other similar accents; 
 
 
 
 
d. 
Vines: White Lady Banks Rose, common trumpet creeper, coral 
vine, pink trumpet vine, and primrose jasmine, or other similar vines. 
 
 
10. 
9. 
That The retention area located at the southeast corner of the 
commercial portion of the site SHALL incorporate an offset double row of 
3 and 4-inch caliper trees, spaced 20-feet on center, as approved by the 
PLANNING AND Development Services Department. 
 
 
11. 
10. 
That A landscape plan and a lighting plan shall be brought back to the 
Laveen Village Planning Committee (LVPC) for review and comment 
prior to City approval.  
 
 
12. 
11. 
That THE development shall be subject to a comprehensive sign plan in 
accordance with Section 705. The LVPC shall have the opportunity to 
review the plan prior to the public hearing. 
 
 
Street Transportation 
 
 
13. 
12. 
That Right-of-way totaling 55 feet shall be dedicated for the south half of 
Southern Avenue. 
 
 
14. 
13. 
That Right-of-way totaling 55 feet shall be dedicated for the east half of 
35th Avenue. 
 
 
15. 
14. 
That A 21-foot by 21-foot right-of-way triangle shall be dedicated at the 
southeast corner of 35th Avenue and Southern Avenue. 
 
 
16. 
15. 
That Sufficient right-of-way shall be dedicated to accommodate a bus-
bay on Southern Avenue at 35th Avenue. 
 
 
17. 
16. 
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 
by the PLANNING AND Development Services Department. All 
improvements shall comply with all ADA accessibility standards. 
 
 
18. 
17. 
That The applicant shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvement Program to

Planning Hearing Officer Summary of March 17, 2021 
Application PHO-4-21--Z-81-05-7(8) 
Page 12 
 
the Street Transportation Department. This form is a requirement of the 
EPA to meet clean air quality requirements. 
 
 
PUBLIC Transit 
 
 
19. 
18. 
That Right-of-way shall be dedicated and a transit pad constructed 
(Detail P1261) along eastbound Southern Avenue, east of 35th Avenue, 
as approved by the Public Transit Department. 
 
 
20. 
19. 
That Right-of-way shall be dedicated and a transit pad constructed 
(Detail P1262) along northbound 35th Avenue, north of Alta Vista Road, 
as approved by the Public Transit Department. 
 
 
21. 
20. 
That Right-of-way shall be dedicated and a bus-bay (P1257) constructed 
along eastbound Southern Avenue, east of 35th Avenue, as approved by 
the Public Transit Department. 
 
 
Other 
 
 
22. 
21. 
That Prior to final site plan approval, the property owner shall record 
documents that disclose to the purchasers of property within the 
development(s) the existence and operational characteristics of Sky 
Harbor International Airport. The form and content of such documents 
shall be reviewed and approved by the City Attorney. 
 
 
22. That the minimum lot width be 50 feet. 
 
 
23. That Residential elevationS SHALL be brought back to the Laveen 
Village Planning Committee for review and comment. 
 
 
24. That One of the amenities shall be a club house or ramada, with lights 
and seating for use by the Homeowners Association (HOA) for meetings. 
 
 
25. That Any request to change or modify the stipulations or site plan, 
SHALL be brought back to the Laveen Village Planning Committee for 
review and comment prior to approval by the City. 
 
 
 
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.