Attachment D - PC Summary - PHO-1-21--Z-67-95-7.pdf

REPORT OF PLANNING COMMISSION ACTION 
August 5, 2021 
ITEM NO: 8 
DISTRICT NO.: 7
SUBJECT:
Application #: 
PHO-1-21--Z-67-95-7 
Location: 
Northeast corner of 59th Avenue and Lower Buckeye Road 
Proposal: 
1.
Modification of Stipulation 1 regarding minimum landscape adjacent to
any public street.
2.
Modification of Stipulation 4 regarding general conformance to the site
plan date stamped November 20, 1995.
3.
Technical corrections to Stipulations 2 and 5.
Acreage:  
1.7 
Applicant: 
Taylor C. Earl, Earl and Curley, P.C. 
Owner: 
Glenda D. Massey 
Representative: 
Taylor C. Earl, Earl and Curley, P.C. 
ACTIONS: 
Staff Recommendation:  Approval with modifications and additional stipulations, as 
recommended by the Planning Hearing Officer.  
Village Planning Committee (VPC) Recommendation: 
Estrella 5/18/2021 Approval, as requested by the applicant. Vote: 5-0. 
Planning Hearing Officer Recommendation: The Planning Hearing Officer took the case under 
advisement on May 19, 2021. On June 3, 2021, the Planning Hearing Officer took the case out 
from under advisement and recommended approval with modifications and additional 
stipulations. 
Planning Commission Recommendation: Approval, per the Planning Hearing Officer 
recommendation with modifications. 
Motion Discussion: N/A 
Motion details: Commissioner Perez made a MOTION to approve PHO-1-21—Z-67-95-7, per 
the Planning Hearing Officer recommendation with the recommended modification as read into 
the record and a modification to Stipulation No. 1 to reference the site plan dated August 5, 
2021 and add an exception where there may be conflicts with general Zoning Ordinance 
standards, and a modification to 1.a. to replace “any public street” with Lower Buckeye Road.” 
 
Maker: Perez 
Second: Howard  
Vote: 8-0  
 
Absent: Magnum 
Opposition Present: No  
Attachment D

Findings:  
 
1. 
The Planning Commission agreed with the Planning Hearing Officer findings, except 
for the recommended modification to Stipulation No. 1.a. related to the landscape 
setback along 59th Avenue. The Planning Commission agreed to remove the 
Planning Hearing Officer’s recommended stipulation for the 30-foot setback along 
59th Avenue and only apply the 30-foot setback along Lower Buckeye Road, per the 
applicant’s request. The applicant provided a revised site plan depicting a landscape 
setback that varies in width along 59th Avenue and terminates at the north end of the 
site with a large retention basin. The previous site plan depicted the retention basin 
within the walled in area on the site and the revised site plan depicts the retention 
basin outside of the walled in area to be visible from the street. Therefore, the 
Planning Commission also recommended a revision to Stipulation No. 1 to require 
general conformance to the new site plan dated August 5, 2021 and noted an 
exception where there may be conflicts with general Zoning Ordinance standards. 
 
 
2. 
Staff received revised comments from the Public Transit Department only requiring a 
bus pad rather than both a bus pad and bay. Therefore, the Planning Commission 
agreed to modify Stipulation No. 8, as read into the record by staff. 
 
Stipulations:  
 
1. 
That a minimum 30 foot landscape setback (as per Section 626 of the Zoning 
Ordinance) be provided adjacent to any public street.  
 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE 
SITE PLAN DATE STAMPED AUGUST 5, 2021 AND ELEVATIONS DATE 
STAMPED MARCH 25, 2021, EXCEPT WHERE THERE MAY BE CONFLICTS 
WITH THE GENERAL ZONING ORDINANCE STANDARDS, AND AS MODIFIED 
BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT. 
 
 
 
A. 
A MINIMUM 30-FOOT LANDSCAPE SETBACK SHALL BE PROVIDED 
ADJACENT TO ANY PUBLIC STREET LOWER BUCKEYE ROAD. 
 
 
2. 
That Lot lines, not on an abutting street shall provide a minimum 5-foot wide 
landscaped area containing a minimum 15-gallon evergreen trees (or other plant 
materials as approved by the PLANNING AND Development Services Department) 
planted to a maximum of 20 feet on center or placed in equivalent groupings. 
 
 
3. 
That No outdoor storage shall be located within 100 feet of a public street and 
storage shall be enclosed with a minimum six-foot high solid masonry wall. 
 
4. 
That development be in general conformance to the site plan dated November 20, 
1995. 
 
4. 
A 10-FOOT PUBLIC MULTI-USE TRAIL SHALL BE CONSTRUCTED WITHIN A 30-
FOOT EASEMENT PER THE TRAIL DETAIL IN ACCORDANCE WITH THE MAG 
SUPPLEMENTAL DETAIL ALONG WEST LOWER BUCKEYE ROAD AS 
APPROVED BY THE PARKS AND RECREATION DEPARTMENT.

5. 
THE DEVELOPER SHALL PROVIDE A SHARED-USE PATH AND EASEMENT 
ALONG THE EAST SIDE OF 59TH AVENUE IN ACCORDANCE WITH THE CITY OF 
PHOENIX STANDARD TRAIL DETAILS AND AS APPROVED OR MODIFIED BY 
THE PARKS AND RECREATION DEPARTMENT. 
 
 
6. 
THE DEVELOPMENT SHALL CONFORM TO THE ESTRELLA VILLAGE ARTERIAL 
STREET LANDSCAPING PROGRAM, AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
7. 
5. 
 
That The applicant shall dedicate the following right-of-way as approved by the 
PLANNING AND Development Services Department. 
 
 
 
a. 
A 50-foot north half street for Lower Buckeye Road with a Type “B “ flair at 
the intersection of 59th Avenue. The applicant shall construct the north half 
of Lower Buckeye Road with paving, curb, gutter, sidewalk, street lights, 
landscaping and other incidentals as approved by the PLANNING AND 
Development Services Department. 
 
 
 
b. 
A 50-foot east half street for 59th Avenue with a Type “B “ flair at the 
intersection of Lower Buckeye Road. The applicant shall construct the east 
half of 59th Avenue with paving, curb, gutter, sidewalk, street lights, 
landscaping and other incidentals as approved by the PLANNING AND 
Development Services Department. 
 
 
 
c. 
A 21-foot by 21-foot triangle at the northeast corner of 59th Avenue and 
Lower Buckeye Road. 
 
 
 
 
d. 
Sufficient right-of-way to accommodate a far-side busbay (Detail P-1257) on 
59th Avenue at Lower Buckeye Road. 
 
 
 
 
e. 
Additional easements and right-of-way dedications may be required by the 
PLANNING AND Development Services Department at the time of 
preliminary site plan approval. 
 
 
8. 
THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY AND CONSTRUCT ONE 
BUS BAY WITH ATTACHED BUS STOP PAD ALONG NORTHBOUND 59TH 
AVENUE NORTH OF LOWER BUCKEYE ROAD. THE BUS BAY SHALL BE 
CONSTRUCTED ACCORDING TO CITY OF PHOENIX STANDARD DETAIL P1256. 
THE ATTACHED BUS STOP PAD SHALL BE CONSTRUCTED ACCORDING TO 
CITY OF PHOENIX STANDARD DETAIL P1261 P1260 WITH A MINIMUM DEPTH 
OF 10 FEET. BUS STOP PAD SHALL BE SPACED FROM THE INTERSECTION OF 
LOWER BUCKEYE ROAD AND 59TH AVENUE ACCORDING TO CITY OF 
PHOENIX STANDARD DETAIL P1258. TREES SHALL BE PLACED TO PROVIDE 
MINIMUM 50% SHADE COVERAGE TO BUS STOP PAD AT FULL MATURITY. 
 
 
9. 
IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY OFFICE, THE 
APPLICANT SHALL CONDUCT PHASE I DATA TESTING AND SUBMIT AN 
ARCHAEOLOGICAL SURVEY REPORT OF THE DEVELOPMENT AREA FOR 
REVIEW AND APPROVAL BY THE CITY ARCHAEOLOGIST PRIOR TO CLEARING 
AND GRUBBING, LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL.

10. 
IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW OF THE 
RESULTS FROM THE PHASE I DATA TESTING, THE CITY ARCHAEOLOGIST, IN 
CONSULTATION WITH A QUALIFIED ARCHAEOLOGIST, DETERMINES SUCH 
DATA RECOVERY EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL 
CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY EXCAVATIONS. 
 
 
11. 
IN THE EVENT ARCHAEOLOGICAL MATERIALS ARE ENCOUNTERED DURING 
CONSTRUCTION, THE DEVELOPER SHALL IMMEDIATELY CEASE ALL 
GROUND-DISTURBING ACTIVITIES WITHIN A 33-FOOT RADIUS OF THE 
DISCOVERY, NOTIFY THE CITY ARCHAEOLOGIST, AND ALLOW TIME FOR THE 
ARCHAEOLOGY OFFICE TO PROPERLY ASSESS THE MATERIALS. 
 
This publication can be made available in alternate format upon request. Please contact Angie 
Holdsworth at (602) 495-5622, TTY use 7-1-1.