Attachment B - Final Staff Report - PHO-1-22--Z-58-04-1.pdf

City of Phoenix — Formal (2022-10-12)

Extracted text (via pymupdf) 54939 characters

Staff Report: PHO-1-22--Z-58-04-1
APPLICATION #:
PHO-1-22--Z-58-04-1
LOCATION:
Approximately 550 feet south of the southwest corner of 43rd
Avenue and Cactus Road
EXISTING ZONING:
C-O (Approved C-1)
ACREAGE:
1.08
REQUEST:
1) Modification of Stipulation 1 regarding general conformance
with the site plan date stamped May 24, 2004 and elevations
date stamped July 7, 2004.
2) Deletion of Stipulation 4 regarding parking lot landscaping.
3) Technical corrections for Stipulations 2 and 3.
APPLICANT:
Daniel Istrate, Kontexture, LLC
OWNER:

Benjamin and Corina Covaciu
REPRESENTATIVE:
Daniel Istrate, Kontexture, LLC
STAFF RECOMMENDATION
Approval with a modification and an additional stipulation, as recommended by the
Planning Hearing Officer.
PLANNING HEARING OFFICER RECOMMENDATION
The Planning Hearing Officer heard the request on June 15, 2022 and recommended a
continuance to the July 20, 2022 hearing. The Planning Hearing Officer heard the request
on July 20, 2022 and recommended approval with a modification and an additional
stipulation.
VILLAGE PLANNING COMMITTEE RECOMMENDATION
The North Mountain Village Planning Committee heard this request on May 18, 2022 and
recommended denial by a vote of 13-2.
Attachment B

Staff Report – PHO-1-22—Z-58-04-1
September 1, 2022 Planning Commission
Page 2 of 7

BACKGROUND/ANALYSIS

The subject site consists of 1.08 gross acres located approximately 550 feet south of the
southwest corner of 43rd Avenue and Cactus Road and is zoned C-O (Approved C-1)
(Commercial Office - Restricted Commercial, Approved Neighborhood Retail). The
subject property is only a portion of the 3.96 gross acres included in original Rezoning
Case No. Z-58-04-1.

The applicant requested modification of Stipulation 1 regarding general conformance with
the site plan date stamped May 24, 2004 and elevations date stamped July 7, 2004, to
accommodate a new conceptual site plan and building elevations. The stipulated site
plan for this area (Exhibit H) depicted an approximately 9,000-square foot commercial
building located along the north property line and parking along the south and west
property lines. The proposed site plan (Exhibit G) depicts a multifamily residential project
containing 14 dwelling units at approximately 12.96 dwelling units per gross acre. Units
have private garages which are loaded in the center of the site. Parking is located along
the west property line and the west portion of the south property line. Open space is
located along the south property line. The site has a single driveway on 43rd Avenue and
offers no vehicular access to neighborhoods to the west or south of the site.

The proposed conceptual site plan was redesigned and resubmitted after the June 15,
2022 Planning Hearing Officer (PHO) hearing to address concerns raised in
correspondence received by staff and heard by the PHO and the North Mountain Village
Planning Committee. The redesign moved the original proposed 10-plex building from the
south to the north property line, approximately to the same location as the original
proposed commercial building. The redesign also moved the original proposed 4-plex
building from the north to the south property line and shifted closer to the 43rd Avenue
frontage. The applicant noted that these changes were intended to mitigate the impact of
building massing on adjacent homes to the west and south, consolidate common areas
along the south property line, and to relocate open spaces further from the arterial street.

No building elevations were stipulated for the proposed commercial land uses in the
original case. Stipulated elevations in Stipulation 1 included single-family residential
buildings, intended to develop elsewhere in the original rezoning case area (Exhibit J).
The proposed conceptual elevations (Exhibit I) depict multifamily residential buildings
with a maximum height of two stories at approximately 22 feet 5 inches (24 feet 8 inches
to the ridge). The proposed elevations were also redesigned and resubmitted after the
June 15, 2022 Planning Hearing Officer (PHO) hearing to address concerns raised in
correspondence received by staff and heard by the PHO and the North Mountain Village
Planning Committee. The redesign included new architectural detailing and features
intended to better comply with Stipulation 4 (not a part of this request) regarding four-
sided architecture. Additionally, on the south elevation of the 4-plex building, bedroom
windows on end units were moved from the south elevation to the east and west
elevations. The applicant noted that this was intended to mitigate privacy concerns for
adjacent neighbors. The applicant noted that the south elevation was revised to remove
all but two windows, which are required by the Building Code for bedrooms.

Staff Report – PHO-1-22—Z-58-04-1
September 1, 2022 Planning Commission
Page 3 of 7

The applicant requested deletion of Stipulation 4 regarding parking lot landscaping. This
stipulation required enhanced landscaping in parking islands and specific areas depicted
on the stipulated site plan for the proposed commercial development area.

PREVIOUS HISTORY

On October 6, 2004, the Phoenix City Council approved Rezoning Case No. Z-58-04-1, a
request to rezone approximately 3.96 gross acres located approximately 550 feet south
of the southwest corner of 43rd Avenue and Cactus Road from C-O (Commercial Office -
Restricted Commercial) to C-1 (Neighborhood Retail) and R1-6 (Single-family
Residential), subject to stipulations (Exhibit E).

The stipulated conceptual site plan is broken into three parcels- Parcels A, B, and C.
Parcel A is located on the northern portion of the rezoning case area along Cactus Road
and depicts a 4,000 square foot commercial building. Parcel B is located on the eastern
portion of the rezoning case area and depicts a 9,000 square foot commercial building.
Parcel B is the subject site of this PHO case. Parcel C is located on the southwestern
portion of the rezoning case area and depicts ten single-family residential lots. Since the
original approval, only Parcel C has been developed as stipulated. Parcels A and B
remain vacant.

NEIGHBORHOOD CONCERNS

Public Correspondence
Three letters of opposition were received regarding this request. Concerns expressed in
the correspondence include the following:

• Decrease in privacy for adjacent property owners (3 letters)
• Negative impacts on viewshed to the north (3 letters)
• Building height (3 letters)
• Decrease in property values (2 letters)
• Increased noise (2 letters)
• Increased traffic (2 letters)
• Loss of existing trees on the site (1 letter)
• Desire to see the site developed as a greenbelt or park (1 letter)

GENERAL PLAN LAND USE MAP DESIGNATION

Commercial

Staff Report – PHO-1-22—Z-58-04-1
September 1, 2022 Planning Commission
Page 4 of 7

CHARACTER OF SURROUNDING LAND USE

Zoning
Land Use

On-site:

C-O (Approved C-1) Vacant

North:

C-1
Preschool

South:

R1-6
Single-Family Residential

East:

R1-6
Single-Family Residential
(Across 43rd Avenue)

West:

C-O (Approved R1-6) Single-Family Residential

PLANNING HEARING OFFICER FINDINGS

The Planning Hearing Officer’s recommendation was based on the following findings:

1) The request to modify Stipulation 1 regarding general conformance to a
site plan and elevations is recommended for approval with a modification
to provide more standard conformance language. The original rezoning
case consisted of three distinct areas, with commercial zoning proposed
along Cactus Road and 43rd Avenue, and a single-family residential
subdivision at the southwest portion of the site. The subject property of
this case is the commercially zoned parcel along 43rd Avenue only.

The stipulated site plan for this area depicted an approximately 9,000
square foot commercial building located along the north property line and
parking along the south and west property lines. The proposed
conceptual site plan depicts a 14-unit multifamily residential development
at approximately 12.96 dwelling units per gross acre. Units have private
garages which are loaded in the center of the site. Parking is located
along the west property line and a portion of the south property line. Open
space is located along the south property line. The site offers no vehicular
access to any single-family neighborhoods to the west or south. The
proposed site plan was significantly redesigned after the original submittal
to address concerns raised in correspondence received by staff and heard
at the Village Planning Committee. The redesign moves the 10-plex
building to the north property line, approximately in the same location as
the original proposed commercial building. This change significantly
reduces the impact of building massing on homes to the south and west.
A smaller 4-plex building is now located along the south property line,
shifted towards the 43rd Avenue frontage, to allow (previously)
disconnected common areas to be combined along the south property line
and further from the arterial street.

Staff Report – PHO-1-22—Z-58-04-1
September 1, 2022 Planning Commission
Page 5 of 7

No building elevations were stipulated for the proposed commercial uses
in the original case. The proposed conceptual elevations depict a
maximum height of two stories at approximately 22 feet 5 inches (24 feet 8
inches to the ridge), which is more restrictive than the two stories and 30
feet otherwise permitted by the current zoning. The proposed elevations
were also significantly redesigned after the original submittal to address
concerns raised in correspondence received by staff and heard at the
Village Planning Committee. The redesign includes new architectural
detailing and features intended to better comply with an existing stipulation
regarding four-sided architecture. Additionally, on the south elevation of
the 4-plex building, bedroom windows on end units were shifted to the
east and west elevations to reduce privacy concerns on adjacent
neighbors. The south elevation now includes only two-bedroom windows
which are required by building code.

The proposal is compatible with its location near the intersection of two
arterial streets. The proposed density and height are below the maximum
permitted by the current zoning and consistent with the original approval.
The recommendation for general conformance will control for deviation
from the proposed plans.

2) The request to delete Stipulation 4 regarding parking lot landscaping is
recommended for approval. This stipulation is specific to the layout on the
original stipulated plan which would be removed by the recommendation
in Stipulation 1. The development will be subject to existing Ordinance
requirements for parking lot landscaping relevant to the new, proposed
multifamily residential use.

3) The applicant did not submit a Proposition 207 waiver of claims prior to
the Planning Hearing Officer hearing. Submittal of this form is an
application requirement. An additional stipulation is recommended to
require the applicant to record this form and deliver it to the City to be
included in the rezoning application file for record.

PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS

1.
That THE development shall be in general conformance with the site plan
AND ELEVATIONS date stamped JULY 20, 2022, May 24, 2004 and
elevations date stamped July 7, 2004 as approved or modified by the
FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING
AND Development Services Department.

2.
That Four sided architecturEal shall be used on residential development.
Examples of the types of details to consider are French windows,

Staff Report – PHO-1-22—Z-58-04-1
September 1, 2022 Planning Commission
Page 6 of 7

ornamentation in the gable area, garages setback to the rear of the house,
garage door windows, porches, 18 foot inch eaves, shutters, decorative
framing around the windows, window sills, window fenestrations,
balconies, lighting, and other enhancements as approved by THE
PLANNING AND Development Services Department.

3.
That Mature trees a minimum of 2-inch caliper spaced 20-feet on center or
equivalent groupings as approved by the PLANNING AND Development
Services Department SHALL be installed along the west side of Parcel B
and the south side of Parcel A in order to buffer the proposed commercial
development from proposed residential uses.

4.
That mature trees a minimum of 2 inch caliper be placed in the three
parking islands and the two corners of the parking lot on the south side of
Parcel B in order to buffer the proposed commercial development from
existing residential uses.

4.
5.
That Right-of-way totaling 50 feet shall be dedicated for the south half of
Cactus Road.

5.
6.
That The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
landscaping, and other incidentals as per plans approved by the City. All
improvements shall comply with all ADA accessibility standards.

6.
7.
That Construction vehicle access to the residential Parcel C shall be off of
43rd Avenue or Cactus Road during the construction phase.

7.
8.
That Lot 1, and two of Lots 7, 8, 9 and 10, shall be limited to one story, for
a total of three lots being limited to one story.

8.
PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM.
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.

Exhibits
A – Appeal Document (2 pages)
B – Applicant’s Narrative (2 pages)
C – Aerial Map (1 page)
D – Zoning Map (1 page)
E – Approval Letter from Rezoning Case No. Z-58-04 (2 pages)
F – Sketch Map from Rezoning Case No. Z-58-04 (1 page)
G – Proposed Site Plan date stamped July 20, 2022 (1 page)

Staff Report – PHO-1-22—Z-58-04-1
September 1, 2022 Planning Commission
Page 7 of 7

H – Stipulated Site Plan date stamped May 24, 2004 (1 page)
I – Proposed Elevations date stamped July 20, 2022 (4 pages)
J – Stipulated Elevations date stamped July 7, 2044 (2 pages)
K – North Mountain Village Planning Committee Summary from May 18, 2022 (3 pages)
L – PHO Summary for PHO-1-22--Z-58-04-1 from June 15, 2022 (3 pages)
M – PHO Summary for PHO-1-22—Z-58-04-1 from July 20, 2022 (6 pages)

EXHIBIT A

EXHIBIT B

KONTEXTURE architecture | interiors | urban planning
3334 N. 20th Street Phoenix, AZ 85016 T:602.875.6221 F:602.875.6239 www.kontexture.com

April 1st, 2022

RE: 43rd Avenue Commons
APN: 148-01-001N
Village: North Mountain
11990 North 43rd Avenue
Phoenix, AZ 85304

Written Request

TO: City of Phoenix Planning and Development Department
Planning Hearing Officer

1.0 Introduction

The purpose of this request is to slightly modify the design stipulations on the property at 11990
North 43rd Avenue. (See Aerial.) This Lot is currently zoned C-0 and is approved for C-1. The
modifications are to stipulations on zoning case Z-58-04-1.

2.0 Project Background

This lot is at 11990 North 43rd Avenue in Glendale, Arizona. This lot had an amendment to the
zoning approved on October 14th, 2004, subject to stipulations of zoning case Z-58-04-1. The current
owner wishes to construct two (2) new buildings. One of them will be located at the south area of the
parcel and will contain ten (10) 1200 square foot condominiums. The second one will be located at the
north area of the parcel and will contain four (4) 1200 square foot condominiums as well. Each
condominium will also have an enclosed one (1) car garage and storage. The stipulations only allow a
development to match the previous design from 2004, which limits the options for residential design. The
Owner requested that stipulation #1 should be modified to allow Lot B to deviate from the old layout to
one which is more efficient, more usable for multifamily, and better overall design. They also asked that
stipulation #4 be removed to allow our parking configuration and landscaping to better match this better
design. This submittal is requesting a slight adjustment in stipulation #1 and the removal of stipulation
#4 for lot APN-148-01-001N only.

KONTEXTURE architecture | interiors | urban planning
3334 N. 20th Street Phoenix, AZ 85016 T:602.875.6221 F:602.875.6239 www.kontexture.com

3.0 Request and Rationale

We are requesting the following changes to Zoning Stipulation #1 and #4 of Application No: Z-
58-04-1 as indicated in capitalization/bold-text and strikethrough:
STIPULATION 1 - MODIFICATION:

That development shall be in general conformance with the site plan
AND ELEVATIONS date stamped May 24, 2004, APRIL 1, 2022
and elevations date stamped July 7,2004, as approved or modified
by the Development Services Department.

The existing stipulations limit the layout of future developments to the footprint and elevations of
the dated 2004 development plan. The Owner requested that the stipulations be modified to allow a
better design, suited for multi-family residential units. This submittal is requesting a slight adjustment in
stipulation #1 to let us present an alternative development plan. This development would add to the
value of the area by giving growing families alternative options for living in the area, granting them
access to local amenities and schools.

Please see accompanying drawings.

STIPULATION 4 - REMOVAL:

That mature trees a minimum of 2-inch caliper be placed in the
three parking islands and the two corners of the parking lot on the
south side of Parcel B in order to buffer the proposed commercial
development from existing residential uses.

This stipulation is based upon the parking layout of the previous development plan and would
contradict the more efficient layout of our proposed development. The Owner requested that this
stipulation be removed to allow our new parking layout, since it is more complementary to the multi-
family units, and it provides more shared landscaped amenity area, while still meeting parking
requirements.

Please see accompanying drawings.

EXHIBIT C

N 43RD AVE
W CACTUS RD
W DE
SERT HILLS DR
N 45TH AVE
N 44TH
AVE
W LAUREL LN
N 42ND DR
N 44TH DR
W SHAW BUTTE DR
W PARADISE
DR
PRIVATE
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-22--Z-58-04-1
Property Location: Approximately 550 feet south of the southwest corner
of 43rd Avenue and Cactus Road
0
160
320
80
Feet ´

EXHIBIT D

N 43RD AVE
W CACTUS RD
W DE
SERT HILLS DR
N 45TH AVE
N 44TH
AVE
W LAUREL LN
N 42ND DR
N 44TH DR
W SHAW BUTTE DR
W PARADISE
DR
PRIVATE
R1-8
C-1*
C-1*
C-O*
C-O*
C-1*
R-3A*
C-1*
R1-6
R1-6
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-22--Z-58-04-1
Property Location: Approximately 550 feet south of the southwest corner
of 43rd Avenue and Cactus Road
0
160
320
80
Feet ´

EXHIBIT E

October 14 2004
Taurus Renovations LLC
4532 E Beryl Lane
Phoenix AZ 85028
Dear Applicant
City of Phoenix
PLANNING DEPARTMENT
RE Z-58-04 1
Approximately 550 feet south of southwest corner of 43rd Avenue
and Cactus Road
Plea§e be advised that the Phoenix City Council In accordance with the provIsIons of Section
506 B 4 of the Zoning Ordinance as amended has on October 6 2004 concurred in the
recommendation of the Planning Comm1ss1on and the Zoning Hearing Officer and has ratified
Application Z-58 04-1 from CO to C 1 R1 6 on approximately 3 96 acres subJect to the
following st1pulatIons
STIPULATIONS
1
That development shall be In general conformance with the site plan date stamped May
24 2004 and elevations date stamped July 7 2004 as approved or modified by the
Development Services Department
2
That four sided architectural shall be used on residential development Examples of the
types of details to consider are French windows ornamentation tn the gable area
garages setback to the rear of the house garage door windows porches 18 foot inch
eaves shutters decorative framing around the windows window sills window
fenestrations balconies lighting and other enhancements as approved by Development
Services Department
3
That mature trees a minimum of 2 inch caliper spaced 20 feet on center or equivalent
groupIngs,as approved by the Development Services Department be installed along the
west side of Parcel B and the south side of Parcel A In order to buffer the proposed
commercial development from proposed res1dent1al uses
4
That mature trees a minimum of 2 inch cahper,be placed in the three parking islands and
the two corners of the parking lot on the south side of Parcel B In order to buff er the
proposed commercial development from existing res1dent1al uses
5
That right of-way totaling 50 feet shall be dedicated for the south half of Cactus Road
6
That the developer shall construct all streets w1th1n and adJacent to the development with
paving curb gutter sidewalk curb ramps streetlights landscaping and other
incidentals as per plans approved by the aty All improvements shall comply with all
ADA access1b1lity standards
200 West Washington Street Phoenix Anzona 85003 602 262 713 l FAX 602-495 3793
Recyded Pape
t

October 14, 2004
Z 58-04 I
Page 2
7
That construction vehicle access to the res1dent1al Parcel C shall be off of 43rd Avenue
or Cactus Road during the construction phase
8
That lot 1,and 2 of lots 7 8 9 and 10 shall be limited to 1 story for a total of three lots
being limited to 1-story
Development and use of the site 1s sub;ect to compflance with all appflcable codes and
ordinances
Sincerely
Bernadine Alling
Planner II
cc
City Clerk
Files
Bernadine Alling (email)
Ben Leonard Public Transit (email)
Kelly Kvetko Site Plann1ng(ema1I)
Kenneth Black (email)
Jay Neville (email)
Book
Dave Barner DSD (email)
Victor Morrison Vega NSD (email)
Bob Luxton Sign Enf (email)
Lynn West (email)

EXHIBIT F

* Maximum Units Allowed with P.R.D. Bonus
APPLICANT'S NAME:
APPLICATION NO.
DATE:
REVISION DATES:
REQUESTED CHANGE:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO &
QUARTER SEC. NO.
ZONING MAP
MULTIPLES PERMITTED
CONVENTIONAL OPTION
* UNITS P.R.D. OPTION
FROM:
TO:
CITY COUNCIL DISTRICT:
CITY OF PHOENIX PLANNING DEPARTMENT
NORTH
GREENWAY RD
CACTUS RD
PEORIA AVE
E
V
A

D
R
3
4
DUNLAP AVE
NORTHERN AVE
E
V
A

H
T
5
3
7
1

E
T
A
T
S
R
E
T
N
I
E
V
A

H
T
7
E
V
A

L
A
R
T
N
E
C
E
V
A

H
T
7
2
E
V
A

H
T
9
1
T
S

H
T
7
T
S

H
T
2
1
THUNDERBIRD RD
North Mountain
Preserve
#
C-O
C-1
C-O
C-1
C-1
R-3A
C-1
C-O
C-O/G-O
R1-8
R1-8
79-89
303-83
166-78
166-78
303-83
303-83
241-83
241-83
128-88
128-88
43RD AV
ALTADENA AV
45TH AV
SUNNYSIDE AV
LARKSPUR DR
LAUREL LN
41ST AV
POINSETTIA DR
40TH DR
SIERRA ST
PARADISE DR
44TH AV
DESERT HILLS DR
44TH DR
43RD DR
46TH AV
41ST DR
45TH LN
46TH LN
40TH AV
COLUMBINE DR
45TH DR
BLOOMFIELD RD
42ND DR
41ST LN
CORTEZ AV
CHARTER OAK RD
SHAW BUTTE DR
40TH LN
42ND AV
43RD LN
WETHERSFIELD RD
44TH LN
41ST AV
45TH DR
45TH DR
POINSETTIA DR
CHARTER OAK RD
OLUMBINE DR
DESERT HILLS DR
ALTADENA AV
42ND DR
42ND AV
SHAW BUTTE DR
BLOOMFIELD R
WETHERSFIELD RD
ARKSPUR DR
SUNNYSIDE AV
WETHERSFIELD RD
CHARTER OAK RD
40TH DR
41ST DR
BLOOMFIELD RD
44TH DR
CHARTER OAK R
CACTUS RD
COLUMBINE D
46TH AV
WETHERSFIELD R
41ST DR
41ST DR
45TH AV
42ND AV
LARKSPUR DR
42ND DR
46TH AV
43RD DR
41ST AV
LTADENA AV
41ST DR
45TH LN
SHAW BUTTE DR
40TH DR
PARADISE DR
44TH DR
46TH LN
41ST LN
PARADISE DR
44TH AV
COLUMBINE DR
44TH DR
41ST DR
BLOOMFIELD RD
LAUREL LN
42ND DR
42ND AV
R1-6
R1-6
Cactus Rd
43rd Ave
400
0
400 Feet
4-29-2004
1
K6
Q30-18
C-O
North Mountain Village
3.96 Acres
C-1 (1.54 ac), R1-6 (2.42 ac)
58-04
58-04
Taurus Renovations, LLC
C-O
C-1, R1-6
N/A
N/A / 12
N/A
N/A / 13

EXHIBIT G

EXHIBIT H

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EXHIBIT I

20'-2"
23'-11"
24'-8"
24' - 8"
9"
3' - 9"
20' - 2"
23'-11"
24'-8"
20'-2"
9"
3' - 9"
20' - 2"
24' - 8"
9'-0"
20'-2"
24'-8"
23'-11"
9'-0"
20'-2"
24'-8"
9' - 0"
11' - 2"
4' - 6"
Plot Date:
43rd AVENUE COMMONS
11990 N 43rd Ave
Glendale, Arizona 85304
K O N T E X T U R E
architecture | interiors | urban planning
201
EXTERIOR WALL MOUNTED LED LUMINAIRE.
202
BUILDING MOUNTED WOOD FRAMED AWNING
WITH LIGHTWEIGHT CONCRETE ROOFING TILES.
203
FOAM POP-OUT WITH STUCCO AT WINDOWS.
TYP. SEE DETAIL THIS SHEET.
215
ULTRAFLEX SMOOTH STUCCO SYSTEM OVER 1"
RIGID INSULATION U.N.O. ESR-2729.
218
WINDOWS:FIXED/OPERABLE, PAINTED.
222
GARAGE DOOR: PAINTED FRAME AND PANELS.
228
PAINTED FASCIA 1 x 6.
232
NEW ASPHAULT SHINGLES ROOF. ESR REPORT
ESR-1389.

25'-3"
24'-5"
20'-8"
25'-3"
24'-5"
20'-8"
25'-3"
24'-5"
20'-8"
9'-0"
9'-0"
20'-8"
24'-8"
25'-3"
Plot Date:
43rd AVENUE COMMONS
11990 N 43rd Ave
Glendale, Arizona 85304
K O N T E X T U R E
architecture | interiors | urban planning
202
BUILDING MOUNTED WOOD FRAMED AWNING
WITH LIGHTWEIGHT CONCRETE ROOFING TILES.
215
ULTRAFLEX SMOOTH STUCCO SYSTEM OVER 1"
RIGID INSULATION U.N.O. ESR-2729.
218
WINDOWS:FIXED/OPERABLE, PAINTED.
232
NEW ASPHAULT SHINGLES ROOF. ESR REPORT
ESR-1389.

EXHIBIT J

[D
[D[IJ
I
II
II
II
11
11
II
II
11
II
I
11
11
11
ELEVATION "A"
5CALE
1/b = I -0
L SC
CONCEPTUAL ELEVATIONS
architecture
4335
4532 eo<t baj lone
WEST CACTUS ROAD
phoenix. orrzona
South and West of S-W-C CACTUS RD & 43rd AVE.
µias (jJ}. 7 6-5-18.54
fax
cm 765-1854
PHOENIX
ARIZONA
CITY OF PHOENIX
JUL r "I 1Jt,
PLANNING DEPT
ADMIN
P&Z # Z-58-04
Dro1W19Ntmber
EL-1
Sheet I of 2
Dotes
01/05/2004

[D
ELEVATION "B"
SC.ALE
1/8 = I -0
[D
[I][D
II
II
II
II
II
II
11
II
II
II
II
II
II
11
II
II
II
II
II
11
11
CITY OF PHOENIX
ELEVATION "C"
---------------------.....u L O 7 2004
SC.ALE
1/8 = I -0
L S C
CONCEPTUAL ELEVATIONS
architecture
4532 east be'lJI looe
4335 WE ST CACTUS ROAD
phoenix onzono
South and West of S-W-C CACTUS RD & 43rd AVE.
phooo W2. 765 1854
rox
t/J2 7 65 1854
PHOENIX
ARIZONA
PLANNING DEPT
AOMIN
P&Z # Z-58-04
DroW109NwlOOI
EL-2
Sheet 2 of 2
Dotes
01/05/2004

EXHIBIT K

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Village Planning Committee Meeting Summary
PHO-1-22--Z-58-04-1

Date of VPC Meeting
May 18, 2022
Date of the PHO Hearing
June 15, 2022
Request
Request to modify stipulation number 1 regarding
general conformance to the site plan and elevations.

Request to delete stipulation number 4 regarding
landscaping standards for parking islands.

Technical corrections to stipulation numbers 2 and 3.
Location
Approximately 550 feet south of the southwest corner
of 43rd Avenue and Cactus Road
VPC Recommendation
13-2
VPC Vote
Denial

VPC DISCUSSION

At this time, Larson arrived bringing the quorum to 15 members (11 being required for a
quorum).

STAFF BACKGROUND PRESENTATION
Klimek provided a background presentation including the site context, the original plan,
the current plan, and the applicant’s proposal to modify the stipulations. The site
currently allows a height of two-stories and multifamily but restricts the building
footprints to the location specified in the 2004 plan and requires landscape plantings to
buffer the development from the single-family homes south of the subject site.

APPLICANT PRESENTATION
Mark Cunningham introduced himself as the applicant’s representative, thanked Klimek
for the presentation, and provided a short overview of their proposal.

QUESTIONS FROM COMMITTEE
Larson asked how the adjacent daycare has responded to the proposal. Cunningham
responded that they have not responded to the required neighborhood notification.
Larson indicated that the entrance to the site is situated at a merge point which may be
problematic.

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Steinmetz expressed concern over the impact of these two-story units on the
surrounding single-story neighborhood. He asked if there will be balconies.
Cunningham responded that there will not be balconies and that they feel the two story
height is necessary to give their future tenants enough space to live and grow their
families. He added that the site is not stipulated to a maximum of one story.

Steinmetz suggested skylights to allow natural light while protecting privacy. Chair
Krentz responded that windows are required for emergency egress.

Veidmark asked that the windows be put as high as possible while still complying with
fire requirements to help reduce privacy concerns. She asked for confirmation that the
applicant is allowed to build two stories presently. Klimek confirmed.

Chair Krentz expressed concern over the proposal which is trying to simply maximize
its yield without respect to the context and adjacent landowners. He asked if the
applicant had considered shifting the intensity to the north property line as a buffer.
Cunningham responded that they had considered shifting the density toward the north
but decided against it to protect the privacy of the daycare and to allow residents to
utilize the broader required setback to the south for functional open space.

Veidmark asked for the square footage of the proposed units. Cunningham responded
1,200 square feet. Veidmark indicated that the square footage is probably as small as
possible for a family but expressed concern that the number of units is too high. She
stated that she is sympathetic to the concerns of the single-family homes and the
monstrosity that is proposed adjacent to their homes and asked the applicant to
consider a more sensitive approach.

PUBLIC COMMENTS
Timothy Kester thanked the committee for their time and thoughtful deliberation. He
indicated that the single-family homes adjacent to this proposal have several children
and they like to allow their children to play in the yards. Unlike the daycare which has
professional staff, these are private homes, and they should be allowed to be
unattended. He indicated that the building would be like “docking an ocean liner behind
their houses” and that none of the owners bought their homes as a development asset
and that their homes are their primary assets. He expressed concern over the imposing
structure within 10 feet of the rear property line, the loss of real and perceived privacy,
and the loss of value that owners will incur. The units will not produce a comfortable
place to live for residents.

APPLICANT RESPONSE
Cunningham responded that they want to respect all property concerns, that they
recognize privacy concerns as legitimate, and that the plan seeks to balance those
concerns.

Argiro asked if the committee can add stipulations. Klimek responded that the role of
the committee is to evaluate the appropriateness of the proposed modifications and can
recommend changes or additional stipulations that are related to the proposed
modifications. The Planning Hearing Officer will then take the recommendation under
advisement.

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
FLOOR/PUBLIC COMMENT CLOSED: MOTION, DISCUSSION, AND VOTE

MOTION:
Chair Krentz motioned to deny the request as presented. Veidmark seconded the
motion.

DISCUSSION:
Barraza noted that the previously approved elevations were for two story and that the
change in density is consistent with the zoning and the general concept of the previous
plan.

Ford noted that the motion is based on items outside the scope of what the committee
should be looking at.

Larson indicated that he would like to see if the density can be repositioned along the
north property line.

O’Hara noted that there is a need for affordable housing and new housing. Already
established neighborhoods are a good place to building due to the existing
neighborhoods but he indicated that there is also a responsibility to respect existing
property owners and that he doesn’t think these stipulations do that.

Perez echoed O’Hara.

Chair Krentz stated that higher density development is appropriate in some places, but
it is not appropriate here because it is out of context.

VOTE: 13-2, motion passes with Alauria, Argiro, Fogelson, Larson, McBride, O'Connor,
O'Hara, Perez, Steinmetz, Veidmark, Whitney, Vice Chair Jaramillo, and Chair Krentz in
favor; Barraza and Ford in dissent; and none in abstention.

STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS
None.

EXHIBIT L

REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Bradley Wylam, Planner I, Assisting

June 15, 2022

ITEM NO: 1

DISTRICT 1
SUBJECT:

Application #:
PHO-1-22--Z-58-04-1
Location:
Approximately 550 feet south of the southwest corner of 43rd
Avenue and Cactus Road
Zoning:
C-O (Approved C-1)
Acreage:
1.08
Request:
1) Modification of Stipulation 1 regarding general
conformance with the site plan date stamped May 24,
2004 and elevations date stamped July 7, 2004.
2) Deletion of Stipulation 4 regarding parking lot landscaping
3) Technical corrections for Stipulations 2 and 3
Applicant:
Mark Cunningham
Owner:

Benjamin and Corina Covaciu
Representative:
Mark Cunningham

ACTIONS:

Planning Hearing Officer Recommendation: The Planning Hearing Officer
continued this case to the July 20, 2022 hearing.

Village Planning Committee (VPC) Recommendation: The North Mountain
Village Planning Committee heard this request on May 18, 2022 and
recommended denial by a vote of 13-2.

DISCUSSION:

Daniel Istrate, representative with Kontexture, introduced the subject site and
surrounding uses. He stated that a multifamily residential development is
proposed consisting of 14 townhome-style dwelling units. He provided an
overview of the proposed site plan and noted that a ten-unit residential building
would be located along the south property line of the site and a four-unit
residential building would be located along the north property line. He noted that
additional landscaping is depicted to provide additional privacy for tenants and
neighbors of the site to the south. He stated that the proposed elevations depict
two-story buildings. He noted that the colors depicted on the proposed elevations
that were presented to the North Mountain Village Planning Committee (VPC)
have changed to provide consistency between the two buildings and are of the

Planning Hearing Officer Summary of June 15, 2022
Application PHO-1-22—Z-58-04-1
Page 2

same desert tones and materials. He stated that Stipulation 4 regarding parking
lot landscaping was relevant to the original project, which depicted landscape
islands in the parking lot of a commercial development and proposed deleting it.

Adam Stranieri, Planning Hearing Officer, stated that two letters of public
correspondence were received expressing concerns regarding height and
privacy for neighbors to the south. He noted that an additional letter was received
proposing to deny the proposed residential development and develop the site as
a park or greenbelt. Mr. Stranieri noted that the North Mountain VPC
recommended denial on May 18, 2022 by a vote of 13-2.

Mr. Istrate stated that the concerns heard at the North Mountain VPC meeting
regarding privacy have been considered and noted that the parking and building
locations were chosen to create a buffer between this development and
neighboring uses. He noted that a daycare business is located north of the
subject site and the location of parking provides additional privacy for that site.
He noted that trees are proposed to be located along the south property line to
provide privacy for adjacent neighbors. He stated that an alternative site plan
could be considered that would place the 4-unit building on the south in place of
the 10-unit building, which may alleviate privacy concerns for neighbors to the
south. Mr. Stranieri asked for clarification of the alternative plan and asked if the
development would be a direct mirror of the proposed site plan, including parking
lot locations. Mr. Istrate noted that the project could be fully mirrored, including
the parking, and that a site plan could be submitted depicting this modification.

Mr. Stranieri noted that the concerns raised by the North Mountain VPC denial
were focused on height and privacy for single-family residential neighbors to the
south and west of the subject site. He noted that reducing the building massing
along the south property line would help mitigate those concerns as fewer units
would be overlooking the community to the south. He noted that the privacy
concerns regarding the daycare may already be addressed due to the location of
the buildings being located near the daycare parking lot rather than outdoor open
space areas. Mr. Istrate agreed that mirroring the development would likely not
impact the daycare and noted that the parking lot for the proposed residential
development is located near the daycare’s outdoor open space area. He stated
that windows on the units overlooking the residential neighborhood to the south
could be relocated to the east and west sides of the building to reduce the
number of windows facing the backyards of neighbors.

Mr. Stranieri stated that the alternatives mentioned by Mr. Istrate would be
difficult to capture in stipulations and stated that he would not be comfortable
recommending approval until he has the alternative site plan and elevations. He
stated the case could be put under advisement or continued. Mr. Istrate stated
that he is comfortable with a continuation. Mr. Stranieri noted that there is no
concern with the proposed deletion of Stipulation 4 and that there are no

Planning Hearing Officer Summary of June 15, 2022
Application PHO-1-22—Z-58-04-1
Page 3

department comments of note that recommend additional stipulations. Mr.
Stranieri recommended a continuance to the July 20, 2022 PHO hearing.

Upon request, this publication will be made available within a reasonable length of time
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accommodation, please contact Les Scott at 602-376-3981 or TTY: 7-1-1.

EXHIBIT M

REPORT OF PLANNING HEARING OFFICER ACTION
Adam Stranieri, Planner III, Hearing Officer
Bradley Wylam, Planner I, Assisting

July 20, 2022

ITEM NO: 2

DISTRICT 1
SUBJECT:

Application #:
PHO-1-22--Z-58-04-1 (Continued from June 15, 2022)
Location:
Approximately 550 feet south of the southwest corner of 43rd
Avenue and Cactus Road
Zoning:
C-O (Approved C-1)
Acreage:
1.08
Request:
1) Modification of Stipulation 1 regarding general
conformance with the site plan date stamped May 24,
2004 and elevations date stamped July 7, 2004.
2) Deletion of Stipulation 4 regarding parking lot
landscaping.
3) Technical corrections for Stipulations 2 and 3.
Applicant:
Mark Cunningham
Owner:
Benjamin and Corina Covaciu
Representative:
Mark Cunningham
ACTIONS:
Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended approval with a modification and an additional stipulation.
Village Planning Committee (VPC) Recommendation: The North Mountain
Village Planning Committee heard this request on May 18, 2022 and
recommended denial by a vote of 13-2.
DISCUSSION:
Jorge Toscano, representative with Kontexture, stated that the case was
continued from the June 15, 2022 Planning Hearing Officer (PHO) hearing. He
stated that improvements have been made to the proposed site plan and
elevations intended to mitigate the impact of building massing on existing single-
family residences to the south and west. He stated that the proposed multifamily
development consists of 14 townhome-style dwelling units. He stated that the site
plan presented at the June PHO hearing depicted a ten-unit residential building
along the south property line and a four-unit residential building along the north
property line. He stated that after hearing concerns in the prior hearings and in

Planning Hearing Officer Summary of July 20, 2022
Application PHO-1-22—Z-58-04-1
Page 2

correspondence, two alternative site plans were created to mitigate potential
impacts by reversing the building locations and revising conceptual elevations.
He presented two site plans he labeled as Options 1 and 2. He stated that the
Option 1 plan places the four-unit building along the south property line closer to
43rd Avenue, and the Option 2 plan places the four-unit building further to the
west, representing a direct mirror-image of the conceptual site plan presented at
the VPC and June PHO hearings. He stated that modifications were also made
to the elevations for the four-unit building which shifted two windows from the
south elevation around to the east and west elevations to address privacy
concerns. He noted that by changing the location of each building and these
windows, he had reduced the total number of second-story windows on the south
elevation, facing the existing residences to the south, from 10 to 2. He stated that
Stipulation 4 regarding parking lot landscaping is proposed to be deleted as it
was relevant to the original proposed commercial development on the site.
JoHannah Flesch, homeowner of an adjacent property to the south, spoke in
opposition to the request and expressed concerns regarding privacy, light
pollution, and the location of the trash enclosure. She stated that she has
additional concerns regarding the maintenance of landscaping along the south
property line. She stated that in the event the case was recommended to be
approved, she preferred the building layout depicted on the Option 1 conceptual
plan.
Mr. Toscano stated that both conceptual site plans presented depict revisions
intended to mitigate potential impacts of the development on the community to
the south and west. He stated that the developer is working with a landscape
architect now to design specific landscape concepts. He stated that the lighting
plan will minimize light pollution by following all City guidelines.
Adam Stranieri, Planning Hearing Officer, provided a summary of the North
Mountain Village Planning Committee meeting on May 18, 2022 and all
correspondence received by staff. He noted that the concerns heard at the VPC
meeting and in correspondence centered on privacy and building height. He also
noted a comment expressing a desire to create a park or greenbelt on the site.
He summarized prior discussion at the June 15, 2022 Planning Hearing Officer
(PHO) hearing and noted that the case was continued in order to allow the
applicant to submit a revised conceptual site plan and elevations, consistent with
the applicant’s proposal to redesign the building layout and elevations as stated
at that hearing. He stated that the proposed elevations depict a reduction of
windows on the south elevation as proposed and noted that it may not be
possible to reduce the number of windows any further due to building code
requirements. He stated that he preferred the Option 1 conceptual site plan,
which depicts the four-unit building on the southeast portion of the site. He stated

Planning Hearing Officer Summary of July 20, 2022
Application PHO-1-22—Z-58-04-1
Page 3

that this layout would allow the developer to combine parking areas and multiple
open space areas which were separated in the original concept. He stated that
the proposal is compatible with its location near the intersection of two arterial
streets. He noted that the proposed density of 12.96 dwelling units per gross acre
is below the 17.4 dwelling units per gross acre (R-3 PRD development option
with density bonus) permitted by the current zoning. He noted that the proposed
building height of approximately 22 feet and 5 inches is below the maximum 30
feet permitted by the current zoning.
Mr. Stranieri recommended approval of the request to modify Stipulation 1,
regarding general conformance with the site plan and elevations, with a
modification to reference the revised Option 1 site plan. He recommended
approval of the request to delete Stipulation 4, regarding parking lot landscaping,
and stated that the stipulation was specific to the commercial use and site layout
on the original stipulated plan. 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 request to modify Stipulation 1 regarding general conformance to a
site plan and elevations is recommended for approval with a modification
to provide more standard conformance language. The original rezoning
case consisted of three distinct areas, with commercial zoning proposed
along Cactus Road and 43rd Avenue, and a single-family residential
subdivision at the southwest portion of the site. The subject property of
this case is the commercially zoned parcel along 43rd Avenue only.
The stipulated site plan for this area depicted an approximately 9,000
square foot commercial building located along the north property line and
parking along the south and west property lines. The proposed
conceptual site plan depicts a 14-unit multifamily residential development
at approximately 12.96 dwelling units per gross acre. Units have private
garages which are loaded in the center of the site. Parking is located
along the west property line and a portion of the south property line. Open
space is located along the south property line. The site offers no vehicular
access to any single-family neighborhoods to the west or south. The
proposed site plan was significantly redesigned after the original submittal
to address concerns raised in correspondence received by staff and heard
at the Village Planning Committee. The redesign moves the 10-plex
building to the north property line, approximately in the same location as
the original proposed commercial building. This change significantly

Planning Hearing Officer Summary of July 20, 2022
Application PHO-1-22—Z-58-04-1
Page 4

reduces the impact of building massing on homes to the south and west.
A smaller 4-plex building is now located along the south property line,
shifted towards the 43rd Avenue frontage, to allow (previously)
disconnected common areas to be combined along the south property line
and further from the arterial street.
No building elevations were stipulated for the proposed commercial uses
in the original case. The proposed conceptual elevations depict a
maximum height of two stories at approximately 22 feet 5 inches (24 feet 8
inches to the ridge), which is more restrictive than the two stories and 30
feet otherwise permitted by the current zoning. The proposed elevations
were also significantly redesigned after the original submittal to address
concerns raised in correspondence received by staff and heard at the
Village Planning Committee. The redesign includes new architectural
detailing and features intended to better comply with an existing stipulation
regarding four-sided architecture. Additionally, on the south elevation of
the 4-plex building, bedroom windows on end units were shifted to the
east and west elevations to reduce privacy concerns on adjacent
neighbors. The south elevation now includes only two bedroom windows
which are required by building code.

STIPULATIONS:
1.
That THE development shall be in GENERAL conformance with the site
plan AND ELEVATIONS date stamped JULY 20, 2022, May 24, 2004 and
elevations date stamped July 7, 2004 as approved or modified by the

Planning Hearing Officer Summary of July 20, 2022
Application PHO-1-22—Z-58-04-1
Page 5

FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING
AND Development Services Department.
2.
That Four sided architecturEal shall be used on residential development.
Examples of the types of details to consider are French windows,
ornamentation in the gable area, garages setback to the rear of the house,
garage door windows, porches, 18 foot inch eaves, shutters, decorative
framing around the windows, window sills, window fenestrations,
balconies, lighting, and other enhancements as approved by THE
PLANNING AND Development Services Department.
3.
That Mature trees a minimum of 2-inch caliper spaced 20-feet on center or
equivalent groupings as approved by the PLANNING AND Development
Services Department SHALL be installed along the west side of Parcel B
and the south side of Parcel A in order to buffer the proposed commercial
development from proposed residential uses.
4.
That mature trees a minimum of 2 inch caliper be placed in the three
parking islands and the two corners of the parking lot on the south side of
Parcel B in order to buffer the proposed commercial development from
existing residential uses.
4.
5.
That Right-of-way totaling 50 feet shall be dedicated for the south half of
Cactus Road.
5.
6.
That The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
landscaping, and other incidentals as per plans approved by the City. All
improvements shall comply with all ADA accessibility standards.
6.
7.
That Construction vehicle access to the residential Parcel C shall be off of
43rd Avenue or Cactus Road during the construction phase.
7.
8.
That Lot 1, and two of Lots 7, 8, 9 and 10, shall be limited to one story, for
a total of three lots being limited to one story.
8.
PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM.
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.

Planning Hearing Officer Summary of July 20, 2022
Application PHO-1-22—Z-58-04-1
Page 6