Attachment C - Staff Report - PHO-1-21--Z-9-08-7.pdf
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Staff Report: PHO-1-21--Z-9-08-7 APPLICATION #: PHO-1-21--Z-9-08-7 LOCATION: Approximately 280 feet north of the northeast corner of 59th Avenue and Lower Buckeye Road EXISTING ZONING: A-2 ACREAGE: 13.79 REQUEST: 1) Modification of Stipulation 1 regarding general conformance to the site plan and elevations date stamped February 5, 2008. 2) Modification of Stipulation 1.a regarding landscape setback widths and landscaping surrounding Lot 2. 3) Technical corrections to Stipulations 3, 5, and 6. APPLICANT: Taylor C. Earl, Earl and Curley, P.C. OWNER: Glenda D. Massey REPRESENTATIVE: Taylor C. Earl, Earl and Curley, P.C. STAFF RECOMMENDATION Approval with modifications and additional stipulations, as recommended by the Planning Hearing Officer. 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. BACKGROUND/ANALYSIS The subject site is located on approximately 13.81 gross acres located approximately 280 feet north of the northeast corner of 59th Avenue and Lower Buckeye Road and is zoned A-2 (Industrial). This case was heard concurrently with PHO-1-21—Z-67-95-7 which was Attachment C Staff Report – PHO-1-21—Z-9-08-7 August 5, 2021 Planning Commission Page 2 of 8 also appealed to the August 5, 2021 Planning Commission agenda. The conceptual plans in both cases depict the same development and comprise the subject properties of both cases. The applicant requested modification of Stipulation 1, regarding general conformance to the site plan and elevations date stamped February 5, 2008, to accommodate a new site plan and elevations. The stipulated site plan (Exhibit H) depicted a truck and trailer facility consisting of two buildings. Most of the site was dedicated to parking and truck and trailer storage. The proposed conceptual site plan depicts an approximately 248,188-square foot shell office/warehouse building surrounded by vehicle parking on the south and west sides. Semi-truck trailer parking is depicted along the north side of the building which is screened from Lower Buckeye Road by the building and from 59th Avenue by walls. The development will include office spaces on the southwest and southeast corners of the building. The applicant requested modification of Stipulation 1.a regarding landscape setback widths and landscaping surrounding Lot 2. The proposed modification sought to delete the language pertaining to a landscape setback around Lot 2 and retain the required minimum landscape setback of 30 feet adjacent to Lower Buckeye Road. This stipulation requires that the developer provide landscape setback widths as shown on the stipulated site plan as well as a minimum 20-foot landscape setback surrounding Lot 2. On the stipulated site plan, a 30-foot landscape setback was depicted along both 59th Avenue and Lower Buckeye Road. Landscape setbacks were not labeled on the north and east property lines; however, these are interior property lines between industrially zoned properties. The applicant proposed utilizing the same modified language in companion case PHO-1-21—Z-67-95-7 for consistency, which would limit the requirement for a 30- foot setback to that area along Lower Buckeye Road only. Lot 2 was identified on the stipulated site plan as an approximately 1.7-acre parcel located at the immediate northeast corner of 59th Avenue and Lower Buckeye Road. Note that Lot 2 is the subject property of companion case PHO-1-21—Z-67-95-7. PREVIOUS HISTORY On June 4, 2008, the Phoenix City Council approved Rezoning Case No. Z-9-08-7, a request to rezone approximately 13.81 gross acres located approximately 280 feet north of the northeast corner of 59th Avenue and Lower Buckeye Road from A-1 (Light Industrial) to A-2 (Industrial), subject to stipulations. The stipulated conceptual site plan in this case depicted the relocation of a diesel truck and tanker repair center consisting of two buildings. Most of the site was dedicated to parking and truck and trailer storage. The conceptual elevations depicted a 27,000- square foot main office building to be located along 59th Avenue designed with concrete walls broken up by panels of an unidentified material. A 42,000-square foot building was depicted running east/west through the center of the site. This building was constructed of metal walls and roof and featured multiple bay doors for access by trucks and trailers. Staff Report – PHO-1-21—Z-9-08-7 August 5, 2021 Planning Commission Page 3 of 8 NEIGHBORHOOD CONCERNS No correspondence was received. GENERAL PLAN LAND USE MAP DESIGNATION Industrial CHARACTER OF SURROUNDING LAND USE Zoning Land Use On-site: A-2 Agriculture North: A-1 Auto Auction South: CP/GCP, A-1 Agriculture, Distribution, (Across Lower Buckeye Road) Warehouse East: A-1 Outdoor Storage, Trailer Sales West: RE-35 Vacant (ADOT right-of-way) (Across 59th Avenue) VILLAGE PLANNING COMMITTEE RECOMMENDATION The Estrella Village Planning Committee heard this case on May 18, 2021 and recommended approval by a vote of 6-0. PLANNING HEARING OFFICER FINDINGS The Planning Hearing Officer’s recommendation was based on the following findings: 1) Stipulation 1 addresses general conformance to the site plan and elevations date stamped February 5, 2008. The site plan depicted a truck and trailer repair facility consisting of two buildings. Most of the site was dedicated to parking and truck and trailer storage. The conceptual elevations depicted a 27,000-square foot main office building to be located along 59th Avenue designed with concrete walls broken up by panels of an unidentified material. A 42,000-square foot building was depicted running east/west through the center of the site. This building was constructed of metal walls and roof and featured multiple bay doors for access by trucks and trailers. The new proposed conceptual site depicts an approximately 248,188-square foot office and warehouse building. Passenger vehicle parking is depicted along 59th Avenue and Lower Buckeye Road and loading areas, truck docks, and trailer Staff Report – PHO-1-21—Z-9-08-7 August 5, 2021 Planning Commission Page 4 of 8 parking are depicted along the north of the building. One driveway is proposed on 59th Avenue and two driveways are proposed on Lower Buckeye Road. The site plan is consistent in scale and character with industrial development in the surrounding area. The proposed elevations contain a variety of building materials and architectural details including concrete, steel columns, aluminum framed glass, steel doors and accents, pop outs, and a varied roofline. These elevations are compatible with other similar industrial developments in the surrounding area. General conformance is recommended to the site plan and elevations with a minor modification to the applicant’s request to make the language consistent with the recommendation in companion case PHO-1-21--Z-67-95-7. 2) Stipulation 1.a requires that the developer provide landscape setback widths as shown on the stipulated site plan as well as a minimum 20-foot landscape setback surrounding Lot 2. On the stipulated site plan, a 30-foot landscape setback was depicted along both 59th Avenue and Lower Buckeye Road. Landscape setbacks were not labeled on the north and east property lines; however, these are interior property lines between industrially zoned properties. Lot 2 was identified on the stipulated site plan as an approximately 1.7 acre parcel located at the northeast corner of 59th Avenue and Lower Buckeye Road. Note that Lot 2 is also the subject property of companion case PHO-1-21--Z-67-95-7. Regarding the requirement to provide landscape setback widths as shown on the stipulated site plan, the applicant noted that they propose utilizing the same modified language they requested in companion case PHO-1-21--Z-67-95-7 for consistency. This proposed language would limit the requirement for a 30-foot landscape setback to Lower Buckeye Road only. The Planning Hearing Officer recommendation in PHO-1-21--Z-67-95-7 is to maintain the requirement for a 30- foot setback along 59th Avenue and Lower Buckeye Road. Finding #1 in the Planning Hearing Officer Summary of May 19, 2021 for PHO-1-21--Z-67-95-7 contains detailed information regarding that recommendation. The subject property is located near the intersection of two arterial streets and a major freeway. The site plan is also designed in a unified fashion with the subject property of PHO-1-21--Z-67-95-7 which is located at the northeast corner of 59th Avenue and Lower Buckeye Road. Lower Buckeye Road is identified in the Estrella Village Arterial Street Landscaping Program as one of two key streets, along with 67th Avenue, classified as Estrella Village Residential Parkways. These Parkways are subject to enhanced standards and are considered the main arteries into the Estrella community and provide access to the Village's residential corridor. Finally, the property is adjacent to the Estrella Village Core to the west which prioritizes pedestrian-oriented design. This confluence of features and policy plans at this intersection supports the requirement for an enhanced landscape requirement. The applicant’s request is recommended to be approved with a modification. The modification would provide consistency with the applicant’s request in PHO-1-21--Z-67-95-7 but retain the requirement for the enhanced landscape setback along 59th Avenue. Staff Report – PHO-1-21—Z-9-08-7 August 5, 2021 Planning Commission Page 5 of 8 It should also be noted that there are two additional rezoning cases along the east side of 59th Avenue between Lower Buckeye Road and the Roosevelt Canal. These cases, in conjunction with Z-9-08, constitute the entire 59th Avenue frontage for this stretch. Rezoning Case No. Z-62-05, located north of the subject property was stipulated (Stipulation 2 of the approval letter dated October 17, 2005) to provide a perimeter landscape setback along 59th Avenue in accordance with CP/GCP standards, which requires a landscaped 30-foot setback from a perimeter lot line on a street. Rezoning Case No. Z-67-95-7, located adjacent to the subject property to the southwest, was originally stipulated to a 30-foot setback landscape setback along 59th Avenue and as stated above, the PHO recommendation in companion case Z-67-95-7 is to retain this requirement. All properties along the east side of 59th Avenue between Lower Buckeye Road and the Roosevelt Canal are either developed with a minimum 30-foot landscape setback or remain stipulated to this requirement. Regarding the requirement for a minimum 20-foot landscape setback surrounding Lot 2, the applicant argued that this requirement is no longer relevant because the proposed conceptual site plan depicts a single development covering the subject property of both cases. This is true and the general conformance requirement recommended in both cases will control future development along this prior ‘interior’ property line. Stipulation 1.a remains relevant based on the original intent of the rezoning case, the current development in the surrounding area, and the applicable policy plans in this area. The applicant’s request is recommended to be approved with a modification. The modification would instead utilize the recommended language from PHO-1-21--Z-67-95-7 but retain the requirement for the enhanced landscape setback along 59th Avenue. This will allow the applicant to move forward with the conceptual site plan as shown but with the understanding that the landscape setback should be modified. 3) An additional stipulation is recommended to require that the development comply with the Estrella Village Arterial Street Landscaping Program. This policy plan establishes planting standards regarding trees, shrubs, groundcover, tree spacing and other considerations for properties adjacent to arterial streets in the Estrella Village. Lower Buckeye Road is also defined in this plan as a Residential Parkway which serves as one of the main arteries into the community and provides access to the Village's residential corridor. This will provide consistency with other recent approved zoning actions and developments in the surrounding area. 4) The Parks and Recreation Department recommends a stipulation requiring the developer to construct and dedicate a shared use path and related easement along the east side of 59th Avenue. This proposed shared use path is depicted on the City of Phoenix Facilities Map. The current proposed alignment shows a meandering pathway that crosses through multiple privately owned parcels along Staff Report – PHO-1-21—Z-9-08-7 August 5, 2021 Planning Commission Page 6 of 8 59th Avenue and near the alignment of the Loop 202 South Mountain Freeway. The recent construction of the Loop 202 may impact the final alignment of the shared use path in the surrounding area. Therefore, the stipulation is recommended for inclusion with the caveat that the trail is to be approved or modified by the Parks and Recreation Department to allow staff to further clarify the final location, dimension, and/or alignment of the shared use path. 5) The site is identified as archaeologically sensitive and three additional stipulations are recommended to be included to address requirements for archaeological survey and testing requirements. PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS SITE PLAN AND ELEVATIONS 1. That The development shall be in general conformance with the site plan and elevations date stamped MARCH 25, 2021 February 5, 2008, as approved or modified by the FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND Development Services Department. with specific regard to the following: a. Landscape setback widths as shown on the site plan and the inclusion of a minimum 20-foot wide landscape setback surrounding Lot 2. A MINIMUM 30-FOOT LANDSCAPE SETBACK SHALL BE PROVIDED ADJACENT TO ANY PUBLIC STREET. b. A mix of 2, 3, and 4-inch caliper, drought tolerant trees within the landscape setback/retention areas visible from arterial streets. 2. That 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. 3. 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. 4. 3. That The perimeter wall visible from the arterial street shall include material and textural differences, such as stucco and/or split face block with a decorative element, such as tile, glass insets, or stamped designs, as approved by the PLANNING AND Development Services Department. Staff Report – PHO-1-21—Z-9-08-7 August 5, 2021 Planning Commission Page 7 of 8 5. THE DEVELOPMENT SHALL CONFORM TO THE ESTRELLA VILLAGE ARTERIAL STREET LANDSCAPING PROGRAM, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. ARCHAEOLOGY 6. 4. That The applicant shall conduct archaeological testing and/or monitoring within the entire project area prior to clearing and grubbing, landscape salvage, and/or grading, as approved or modified by the City Archaeologist. 7. 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. 8. 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. 9. 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. STREETS 10. 5. That Right-of-way totaling 55 feet shall be dedicated for the north half of Lower Buckeye Road, as approved by the PLANNING AND Development Services Department. 11. 6. That Right-of-way totaling 55 feet shall be dedicated for the east half of 59th Avenue, as approved by the PLANNING AND Development Services Department. 12. 7. 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 Staff Report – PHO-1-21—Z-9-08-7 August 5, 2021 Planning Commission Page 8 of 8 improvements shall comply with all ADA accessibility standards. 13. 8. That The applicant shall complete and submit the Developer Project Information Form for the MAG Transportation Improvement Program to the Street Transportation Department. This form is a requirement of the EPA to meet clean air quality requirements. Exhibits A – Appeal Document (1 page) B – Applicant’s Narrative (7 pages) C – Aerial Map (1 page) D – Zoning Map (1 page) E – Ordinance G-5173 from Rezoning Case No. Z-9-08-7 (7 pages) F – Sketch Map from Rezoning Case No. Z-9-08-7 (1 page) G – Proposed Site Plan date stamped March 25, 2021 (1 page) H – Stipulated Site Plan date stamped February 5, 2008 (1 page) I – Proposed Elevations date stamped March 25, 2021 (4 pages) J – Estrella Village Planning Committee Summary from May 18, 2021 (2 pages) K – PHO Summary for PHO-1-21--Z-9-08-7 (9 pages) EXHIBIT A EXHIBIT B March 25, 2021 Mr. Adam Stranieri Planning Hearing Officer City of Phoenix Planning & Development Department 200 West Washington Street, 2nd Floor Phoenix, AZ 85003 RE: PHO Request Z-9-08-7 and Z-67-95-7 Justification Narrative Northeast corner of 59th Avenue and Lower Buckeye Road Dear Mr. Stranieri, Our firm represents Sun State Builders (“Sun State”), which is seeking to purchase the +/- 13.6 acres located at the northeast corner of 59th Avenue and Lower Buckeye Road to develop a spec shell office/warehouse building on a property that has remained vacant for decades. The proposed changes to the site plan and elevations will result in a beautiful and modern facility that will be an asset to this area. Sun State is one of the elite and experienced builders in the Valley and will bring its expertise to this project. Background The City's General Plan land use map designates this site as “Industrial.” The property is zoned A-1 and A-2 (see below). The subject site is a single parcel with two different zoning districts. The southwest corner of the property is zoned A-1 and was part of the larger 40 acre rezoning case, approved by the City Council on February 21, 1996 (Z-67-95). 2 | P a g e Approval of the 1996 zoning case (Z-67-95) was subject to 5 stipulations. Stipulation 4 of that approval required that development be general conformance to the site plan dated November 20, 1995. It also included stipulations regarding landscape widths and right-of-way dedications. Subsequently, on June 4, 2008, a request to rezone approximately 13.81 acres of the larger 40-acre zoning case from A-1 to A-2 was approved by the City Council to allow a truck and tank repair facility. The zoning site plan showed a 42,000 square foot building placed near the center of the site. That building was to be used for commercial truck tank servicing and repair. There was also a second building along 59th Avenue frontage. That building consisted of approximately 27,000 square feet and was shown to be located approximate 102 feet east of the 59th Ave right-of-way. That building was to be used for office with minor flex/storage space. The overall site plan showed truck parking on the southern portion of the site along Lower Buckeye Road. It also showed a “Lot 2” (or the A-1 zoning parcel) being located at the southwest corner of the overall property. Lot 2 was not part of this 2008 rezoning case. Approval of the 2008 zoning case (Z-9-08-7) was subject to 8 stipulations. Stipulation 1 of that approval requires that the development be in general conformance with the site plan and elevations date stamped February 5, 2008 as approved or modified by the Development Services Department. Each of the two zoning cases was approved with its own set of site plan and elevations stipulations. This request seeks to create a singular set of zoning stipulations for this subject site to allow the remaining parts of these two zoning cases to be developed. It also seeks to modify the landscape setback on 59th Avenue due changed circumstances since the stipulations were implemented. Request Because each zoning case requires general conformance to a separate site plan and elevations it makes development of this site challenging. This request seeks PHO approval to replace both site plan and elevation stipulations with a single and new site plan and elevation stipulations. All other stipulations, except those noted below, will remain. This PHO requests only applies to Stipulations 1 and 4 in zoning case Z-67-95 (and only to approximately the southern half of the land originally within that zoning case) and Stipulations 1 and 1a in zoning case Z-9-08-7. Specifically, this request seeks to: 1) Modify Stipulation 1 in zoning case Z-67-95, which requires a minimum landscape setback adjacent to any public street. 2) Modify Stipulation 4 in zoning case Z-67-95, which requires general conformance to a site plan. 3) Modify Stipulation 1 in zoning case Z-9-08-7, which requires general conformance to a site plan and elevations. 4) Modify Stipulation 1.a in zoning case Z-9-08-7, which requires landscape setback widths as show on the site plan and surrounding Lot 2. 3 | P a g e Zoning Case Z-67-95 - Stipulation No.1 Current Wording. That a minimum 30-foot landscape setback (as per Section 626 of the Zoning Ordinance) be provided adjacent to any public street. Proposed Wording. That a minimum 30-foot landscape setback (as per Section 626 of the Zoning Ordinance) be provided adjacent to any public street Lower Buckeye Road. Rational: This modification seeks to retain the 30’ landscape setback along Lower Buckeye Road. But along 59th Avenue, we are seeking to revert the standard back to the landscape standards applicable to A-1/A-2 (they are the same). Along Lower Buckeye Road a multi-use trail is required, so that 30’ makes sense. But along 59th Avenue, changed circumstances no longer justify augmenting the typical standard. We believe the A-1/A-2 standard are entirely adequate to address this situation. This is exactly the situation those standards were designed to address. Unless there is a good reason to augment development standards in a particular case, the development standards of a particular zoning district should remain unaltered. We can understand why this augmentation was originally required, but the justifications for such increase do not exist anymore. When the 1996 A-1 case was approved (which applies to the SWC of the site), the site plan was more of a plat map, showing lot lines (see below). It did not show specific building footprints or suggest a type of industrial use. Under that open- ended approval, the site could have been developed with some of the more intense A-1 uses or 4 | P a g e outdoor storage. That potential is reason enough to require an increased landscape setback. But that open-ended potential no longer exists because we are proposing a typical warehouse building with the service functions being located in the rear of the property. Our site plan, which we would be stipulated to, would ensure these constraints. By eliminating the question mark on how the site would be used, the “just in case” landscape increase is no longer justified. In other words, the project we are proposing is a very standard A-1 development. There is nothing about our proposed use that requires an increase in the A-1/A-2 landscape requirements that have successfully been used for decades on hundreds of industrial projects in the City. When the larger portion of our site was rezoned to A-2, that could have been a reason to seek an increased setback. After all, A-2 allows for greater intensity than A-1. But that too has been eliminated with our proposal. What we are proposing fits comfortably within A-1, again eliminating a need for increased landscape setbacks. Looking at external characteristics to the site, we see another reason why 30’ was justified back when both the A-1 and the A-2 rezoning cases were approved—but which now is no longer true. Back then, the west side of 59th Avenue had no freeway, and it was zoned for large-lot residential (i.e. RE-35). When transitioning from industrial to large-lot residential, even across an arterial, an increase in the landscaping setback is entirely justified. But since that time, the 202 freeway has been developed across the street. Now, the only land between the subject site and the freeway is freeway right-of-way and land owned by a utility.1 1 The two parcels on the hard NWC are owned by SALT RIVER PROJECT AGR IMP POWER DIST and SALT RIVER VALEY WATER USERS ASSOCIATION, respectively. 5 | P a g e Completely eliminated is any potential for the land on the west side of 59th Avenue being developed with residential. Thus, the need for increased landscape standards to buffer such a potential residential use are also gone. Finally, consider that the use of 59th Avenue in this area has been dramatically and forever altered with the freeway. When these two zoning cases were approved, 59th Avenue between Lower Buckeye Road and Buckeye Road was used by the full spectrum of drivers, including residents living in the area. With the opening of the freeway, nearly all drivers using this stretch of 59th Avenue would only be those accessing sites between Lower Buckeye Rd. and Buckeye Rd. and all of those sites are zoned industrial (A-1, A-2 or Ind-2 (Maricopa County)). If there were any sensitivities to the use of this stretch of roadway by the common public, those concerns are all but eliminated. Zoning Case Z-67-95 - Stipulation No.4 Current Wording. That development be general conformance to the site plan dated November 20, 1995. Proposed Wording. That development be general conformance to the site plan dated November 20, 1995 MARCH xx, 2021. Rational: This stipulation is being modified to allow for a new site plan. This stipulation requires development to be in general conformance to a site plan dated November 20, 1995. In review of 6 | P a g e the City’s records that site plan appears to more like a subdivision plan or a plat map that shows lots rather than building locations. The rezoning was for 40-acres and most of the 40 acres have been developed, except for property at the southwest corner of the subject site. Because the majority of the 40-acre zoning case have already been developed, this request merely seeks to modify the stipulation to allow a single cohesive site plan. Zoning Case Z-9-08-7 - Stipulation No.1 Current Wording. That the development shall be in general conformance with the site plan and elevations date stamped February 5, 2008, as approved or modified by the Development Services Department with specific regard to the following: Proposed Wording. That the development shall be in general conformance with the site plan and elevations date stamped February 5, 2008March xx, 2021, as approved or modified by the Development Services Department with specific regard to the following: Rational: This stipulation is being modified to allow for a new site plan and elevations for a new use. This stipulation requires development to be in general conformance to a site plan and elevations dated stamped February 5, 2008. In review of the City’s records the zoning site plan and elevation were specifically designed for a “diesel truck/tanker repair” facility that was being proposed at the time of the rezoning. No development has occurred, and the property has remained vacant and undeveloped for decades. Now Sun State Builders seeks to develop this site with an approximately 248,000 spec building. The new building fronts onto Lower Buckeye Road and sides to 59th Avenue with all service functions being located on the north side of the building. Truck parking is located internal to the site whereas the previous site plan allowed truck parking along Lower Buckeye Road. The truck court is screened by walls and gates. The new site plan shows regular vehicle parking along both 59th Avenue and Lower Buckeye Road. The revised elevations are specific to the new building design being proposed. We believe the new proposed site plan provides a better site plan layout than the previous site plan. The new site plan places the service functions internal to the site away from public view. Furthermore, we believe the new elevations provide more architectural interest and a better streetscape. Indeed, the previous site plan and the new proposed site plans and elevations are different, but the changes are warranted and justified. The elevations use color, score lines, varying wall heights and various material to create a well design architecturally pleasing building. These changes are an enhancement over the previous plans. Zoning Case Z-9-08-7 - Stipulation No.1.a. Current Wording. Landscape setback widths as shown on the site plan and the inclusion of a minimum 20 foot wide landscape setback surrounding lot 2. 7 | P a g e Proposed Wording. That a minimum 30-foot landscape setback (as per Section 626 of the Zoning Ordinance) be provided adjacent to Lower Buckeye Road. Rational: The stipulation was originally in place because Lot 2 was an A-1 one being surrounded on the east and north by a A-2 rezoning case. But now Lot 2 is being developed together with the rest of the subject property, and this stipulation no longer makes sense. The rest of our modification is intended to echo the landscape stipulation discussed earlier. The rational discussed there would apply here as well. Conclusion The previous zoning cases stipulated to old site plans and elevations. But no development has occurred, and the site has remained vacant since the zoning cases were approved. Now a new developer, with a proven track record, seeks to develop the site with an attractive building. The site plan has been redesigned that internalize service and truck parking away from the public street and public view. We believe this solution is better visually. With regard to the landscaping on 59th Avenue, the justifications for increasing the standard have gone away with the changes to our site plan and the changes to the area. There is no longer any reason to deviate from the typical standard. There is no question this development will be a positive for the community, bringing an attractive development and more jobs. The adjustment being requested are minor and will not negatively affect the zoning approval in any significant way. Sincerely, Taylor C. Earl Partner o (602) 265-0094 tearl@earlcurley.com O:\INDEX\Sun State Builders\59th Ave. & Lower Buckeye\Docs\PHO Justification Letter (FINAL)_3.25.2021.docx EXHIBIT C W LOWER BUCKEYE RD S 59TH AVE Maricopa County Assessor's Office Planning & Development Department PHO-1-21--Z-9-08-7 Property Location: Approximately 280 feet north of the northeast corner of 59th Avenue and Lower Buckeye Road 0 160 320 80 Feet ´ EXHIBIT D W LOWER BUCKEYE RD S 59TH AVE RE-35 A-1* CP/GCP* A-1* A-1* A-2* A-1* Planning & Development Department PHO-1-21--Z-9-08-7 Property Location: Approximately 280 feet north of the northeast corner of 59th Avenue and Lower Buckeye Road 0 160 320 80 Feet ´ EXHIBIT E EXHIBIT F ! EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J ESTRELLA VILLAGE PLANNING COMMITTEE MINUTES Tuesday, May 18, 2021 Meeting was held electronically via a video conferencing platform MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Mark Cardenas, Chair Parris Wallace, Vice Chair Bill Barquin Beth Cartwright Lisa Perez Dafra Joel Sanou Serika Ademolu Kevin Danzeisen Dan Rush Enrique Bojórquez 1. Call to order, introduction of committee members, and announcements by the chair. The meeting was called to order at 6:10pm by Chair Mark Cardenas with a quorum of 5 members present, 5 being required for a quorum. 2. Review and approval of the April 20, 2021, meeting minutes. Chair Cardenas asked for a motion to approve the minutes as presented. MOTION Ms. Lisa Perez made a motion to approve the minutes as presented. Mr. Dafra Joel Sanou seconded the motion. VOTE 5-0, motion passed; None in dissent. 3. Public comments concerning items not on the agenda. Not for Committee discussion or action. None. 4. PHO-5-21—Z-111-98-7: Presentation, discussion, and possible recommendation regarding a request to delete stipulation 26.c regarding review and approval of conceptual site plan and elevations for Phase II development for the property located approximately 238 feet east of the southeast corner of 67th Avenue and Lower Buckeye Road. No requests to speak from members of the public were received. Enrique Bojorquez Gaxiola, staff, introduced himself and provided a presentation on case PHO-5-21—Z-111-98-7. He discussed the location of the site, previous PHO cases, and the request to delete Stipulation No. 26.c as proposed by the applicant. Phase II portion of the site plan was shown, in addition to the building elevations for the RV fuel canopies proposed by the applicant. Jeff Winter, with Esencia LLC., introduced himself as the applicant and discussed the previously approved Phase I of the site. Phase II of the site was discussed, and Estrella Village Planning Committee Minutes – May 18, 2021 Page 2 of 4 he seeks approval of the request to delete Stipulation No. 26.c or modification of this stipulation instead of a deletion in order to develop the subject site as proposed. Lisa Perez discussed the previous PHO case on this site, including the uses proposed at that time. The Planning Hearing Officer added Stipulation No. 26.c during the hearing process then. Residents in the area should have input on the future commercial pad proposed as part of Phase II and shown in the site plan. Chair Cardenas asked for clarification on the public outreach conducted so far as part of this request. Mr. Winter discussed the required outreach conducted as part of the process, which included HOA’s and other properties. Ms. Perez believes that Stipulation No. 26.c should not be deleted. Ms. Beth Cartwright agrees with Ms. Perez and mentioned that the uses proposed on this site will be visible from adjacent properties. Vice Chair Parris Wallace agrees with Ms. Perez since she is familiar with this area. She asked the applicant if any in-person meeting were held with the adjacent HOA? Mr. Winter responded that a formal meeting was held with the adjacent HOA as part of the first development phase of the site. Mailings were sent to adjacent properties as part of this second development phase. Chairman Cardenas asked for a further discussion or a motion. MOTION: Ms. Perez motioned to deny case PHO-5-21—Z-111-98-7. Mr. Cardenas seconded the motion to approve. VOTE: 5-0, motion passed; None in dissent. 5. PHO-1-21—Z-67-95-7: Presentation, discussion, and possible recommendation regarding a request to modify stipulations of entitlement for the property located at the northeast corner of 59th Avenue and Lower Buckeye Road. Request to modify stipulation numbers 1 and 4 regarding minimum landscape adjacent to any public street and general conformance to the site plan and technical corrections to stipulations 2 and 5. 6. PHO-1-21—Z-9-08-7: Presentation, discussion, and possible recommendation regarding a request to modify stipulations of entitlement for the property located approximately 280 feet north of the northeast corner of 59th Avenue and Lower Buckeye Road. Request to modify stipulation numbers 1 and 1.a regarding general Estrella Village Planning Committee Minutes – May 18, 2021 Page 3 of 4 conformance to the site plan and elevations and landscape setback widths and landscaping surround lot 2; and technical corrections to stipulations 3, 5, and 6. Agenda items 5 and 6 were heard together. No requests to speak from members of the public were received on these agenda items. Enrique Bojorquez Gaxiola, staff, introduced himself and provided a concurrent presentation on cases PHO-1-21—Z-67-95-7 and PHO-1-21—Z-9-08-7. He discussed the location of the site which is encompassed by both PHO cases. The site is adjacent to the Estrella Village Core, located across 59th Avenue. He discussed the existing and the requested stipulation modifications for cases PHO-1- 21—Z-67-95-7 and PHO-9-08-7. Previously approved site plans, and the building elevations for case Z-9-08-7, were shown for both cases. The proposed site plan and building elevations were shown. Taylor Earl, with Earl and Curley, P.C., introduced himself as the applicant and discussed the location of the site. He discussed the portion of the Village Core adjacent to this site, noting the boundaries of both PHO cases in reference to the overall development site. The previously approved site plans and/or building elevations for both rezoning cases were shown, in addition to the proposed stipulation modification language. Changes to the circumstances for the original zoning stipulations were discussed and a building rendering was shown. The proposed site plan was discussed, and an overview of surrounding properties and local traffic along 59th Avenue were provided. The presentation concluded by discussing the benefits of approving the stipulations proposed. Bill Barquin joined the meeting at 6:35pm, bringing the quorum to 6 members present. Lisa Perez appreciates the landscape setback being maintained along Lower Buckeye Road, a designated Parkway in the Estrella Village. Dafra Joel Sanou agrees with Ms. Perez. Beth Cartwright lives in the area and drives often along Lower Buckeye Road, thus appreciates maintaining the landscaping along this roadway. Chairman Cardenas asked for a further discussion or a motion. Bill Barquin left the meeting at 6:50pm, bringing the quorum to 5 members. MOTION: PHO-1-21—Z-67-95-8 Ms. Perez motioned to approve case PHO-1-21—Z-67-95-8 as filed. Mr. Cardenas seconded the motion to approve. Estrella Village Planning Committee Minutes – May 18, 2021 Page 4 of 4 VOTE: 5-0, motion passed; None in dissent. Bill Barquin rejoined the meeting at 6:55pm, bringing the quorum to 6 members. MOTION: PHO-1-21—Z-9-08-7 Ms. Perez motioned to approve case PHO-1-21—Z-9-08-7 as filed. Ms. Cartwright seconded the motion to approve. VOTE: 6-0, motion passed; None in dissent. 7. Staff update on cases recently reviewed by the Committee. None. 8. Committee member announcements, requests for information, follow up, or future agenda items. None. 9. Adjournment. Ms. Cartwright motioned to adjourn the meeting at 6:57pm. The motion was seconded by Ms. Wallace. All in favor. EXHIBIT K REPORT OF PLANNING HEARING OFFICER ACTION Adam Stranieri, Planner III, Hearing Officer Daniel Jordan, Planner I, Assisting May 19, 2021 ITEM NO: 4 DISTRICT 7 SUBJECT: Application #: PHO-1-21--Z-9-08-7 Location: Approximately 280 feet north of the northeast corner of 59th Avenue and Lower Buckeye Road Existing Zoning: A-2 Acreage: 13.79 Request: 1) Modification to Stipulation 1 regarding general conformance to the site plan and elevations date stamped February 5, 2008. 2) Modification to Stipulation 1.a regarding landscape setback widths and landscaping surrounding Lot 2. 3) Technical corrections to Stipulations 3, 5, and 6. Applicant: Taylor C. Earl, Earl and Curley P.C. Owner: Glenda D. Massey Representative: Taylor C. Earl, Earl and Curley P.C. ACTIONS Planning Hearing Officer Recommendation: The Planning Hearing Officer took the case under advisement. On June 3, 2021, the Planning Hearing Officer took the case out from under advisement and recommended approval with modifications and additional stipulations. Village Planning Committee (VPC) Recommendation: The Estrella Village Planning Committee heard this case on May 18, 2021 and recommended approval by a vote of 6-0. DISCUSSION This item was heard concurrently with PHO-1-21—Z-67-95-7. Taylor Earl, the representative, gave an overview of the requests. He stated that the construction of the Loop 202 has changed the character of the surrounding area and particularly for properties along 59th Avenue. He stated that the area has continued to develop with industrial uses since the adoption of both rezoning cases. He stated that the property to the west of the subject property, across 59th Avenue, is owned by public utility companies and adjacent to the freeway Planning Hearing Officer Summary of April 21, 2021 Application PHO-1-21--Z-9-08-7 Page 2 and is unlikely to be used in any practical manner. He stated that the proposed conceptual site plan necessitates modifications to the stipulated site plans in both cases but would provide for a land use consistent with existing properties in the surrounding area. He discussed the existing stipulations regarding landscaping requirements in both cases. He stated that the proposed modification to Stipulation 1 in Z-67-95, regarding a minimum 30-foot landscape setback adjacent to a public street, should be considered due to changed circumstances regarding the Loop 202. He stated that the proposed modification to Stipulation 1.a in Z-9-08 regarding landscape setback widths and landscaping surrounding Lot 2 is requested because the proposed development spans both parcels and it is no longer relevant to require a landscape buffer between them. He stated that the proposed site plan represented an improvement over the stipulated plan in that truck parking would be placed north of the building, interior to the site, rather than along the public streets. He stated that this would reduce impacts on the public street and eliminate the need for an increased buffer along 59th Avenue. Mr. Earl stated that the stipulated site plan from Z-67-95 lacked detail and had the potential to develop with intense, outdoor primary uses. He stated that the new proposed site plan eliminated the potential for these more intense uses which justifies the deletion of the stipulated landscape setbacks. He stated that the A-2 zoning designation established in Z-9-08 could also permit more intense uses. He stated that while the property to the west, across 59th Avenue, is zoned RE-35 and inside the Estrella Village Core, it is unlikely to develop with residential land uses due to the development of the Loop 202. He stated that the construction of the Loop 202 also resulted in a changed circumstance by reducing regional traffic on the adjacent section of 59th Avenue between Lower Buckeye Road and Buckeye Road. He stated that this portion of 59th Avenue is now primarily used by truck traffic only. Adam Stranieri stated that the circumstances may not have changed as much as the applicant has stated since the original approval of Rezoning Case Nos. Z-67- 95 and Z-9-08. He noted that the staff recommendation in Rezoning Case No. Z- 67-95 stated that the intent was to develop employment uses such as commerce parks, business parks, and industrial centers, which is consistent with the applicant’s proposal. He also noted that in that case, the staff recommendation referenced the impending construction of the Loop 202 and the adjacent Village Core area. He also noted that the Estrella Village Core Plan, approved in 2009, showed the alignment of the freeway and the core boundary along 59th Avenue. He stated that the requirement for a 30-foot landscape setback along 59th Avenue, as stipulated in Case No. Z-67-95, was reiterated in new stipulations adopted by the City Council in Rezoning Case Nos. Z-62-05 to the north of the subject site and Z-9-08 even further north. He stated that all property on the east side of 59th Avenue between Lower Buckeye Road and the canal has Planning Hearing Officer Summary of April 21, 2021 Application PHO-1-21--Z-9-08-7 Page 3 constructed or is stipulated to construct a 30-foot landscape setback. Mr. Earl stated that the changed circumstances regarding the Loop 202 and adjacent RE- 35 property to the west wouldn’t necessitate a 30-foot landscape setback. Mr. Stranieri responded that the prospect of the Loop 202 coming to this area existed when all the referenced rezoning cases occurred and may not be considered a changed circumstance. Mr. Earl stated that the ultimate alignment of the Loop 202 was not certain at that time. Mr. Stranieri discussed the development standards for building and landscape setbacks in the industrial zoning districts. Mr. Earl stated that the actual use of 59th Avenue and Lower Buckeye Road are quite different, despite both being arterial streets. He stated that 59th Avenue only supports traffic to industrial properties along that roadway due to the construction of Loop 202 whereas Lower Buckeye Road serves regional traffic to other parts of the Estrella Village. Mr. Stranieri stated that his only concern regarding the applicant’s request is the issue regarding the landscape setback along 59th Avenue and that the overall nature of the proposal, including the proposed conceptual building elevations, is compatible with the land use pattern and existing developments in the surrounding area. Mr. Earl stated that the upgrade in overall site design over the original stipulated plans could provide adequate justification to eliminate the stipulated enhanced landscape setback along 59th Avenue. Mr. Stranieri recommended an additional stipulation in both cases to require compliance with the Estrella Village Arterial Street Landscaping Program, which identifies Lower Buckeye Road as a residential parkway and provides a street cross-section and enhanced planting standards. He stated that the Public Transit Department recommends a dedication of right-of-way and construction of a bus bay on 59th Avenue for the parcel within the subject property of Z-67-95. He stated that the site was identified as archaeologically sensitive and recommended three additional stipulations addressing data testing and survey requirements in both cases. He stated the Parks and Recreation Department recommends a stipulation in both cases regarding a shared use path and easement along the east side of 59th Avenue. Mike Forst, representative of Sun State Builders, stated that he had discussed the required shared use path alignment on the site plan with the Parks and Recreation Department and they had reached an agreement on its construction. Mr. Stranieri stated he did recognize the improvements in the overall layout of the site and the building design beyond the original stipulated plans. He stated he is not comfortable making a decision immediately regarding the enhanced landscape setback along 59th Avenue. He stated that he would take the case under advisement in order to consider the multitude of arguments raised by the applicant, to review the applicability of relevant existing Ordinance standards to Planning Hearing Officer Summary of April 21, 2021 Application PHO-1-21--Z-9-08-7 Page 4 the site, and to confer with the Development section staff who evaluated the conceptual site plan. FINDINGS 1) Stipulation 1 addresses general conformance to the site plan and elevations date stamped February 5, 2008. The site plan depicted a truck and trailer repair facility consisting of two buildings. Most of the site was dedicated to parking and truck and trailer storage. The conceptual elevations depicted a 27,000 square foot main office building to be located along 59th Avenue designed with concrete walls broken up by panels of an unidentified material. A 42,000 square foot building was depicted running east/west through the center of the site. This building was constructed of metal walls and roof and featured multiple bay doors for access by trucks and trailers. The new proposed conceptual site depicts an approximately 248,188 square foot office and warehouse building. Passenger vehicle parking is depicted along 59th Avenue and Lower Buckeye Road and loading areas, truck docks, and trailer parking are depicted along the north of the building. One driveway is proposed on 59th Avenue and two driveways are proposed on Lower Buckeye Road. The site plan is consistent in scale and character with industrial development in the surrounding area. The proposed elevations contain a variety of building materials and architectural details including concrete, steel columns, aluminum framed glass, steel doors and accents, pop outs, and a varied roofline. These elevations are compatible with other similar industrial developments in the surrounding area. General conformance is recommended to the site plan and elevations with a minor modification to the applicant’s request to make the language consistent with the recommendation in companion case PHO-1-21--Z-67-95-7. 2) Stipulation 1.a requires that the developer provide landscape setback widths as shown on the stipulated site plan as well as a minimum 20-foot landscape setback surrounding Lot 2. On the stipulated site plan, a 30- foot landscape setback was depicted along both 59th Avenue and Lower Buckeye Road. Landscape setbacks were not labeled on the north and east property lines; however, these are interior property lines between industrially zoned properties. Lot 2 was identified on the stipulated site plan as an approximately 1.7 gross acre parcel located at the northeast corner of 59th Avenue and Lower Buckeye Road. Note that Lot 2 is also the subject property of companion case PHO-1-21--Z-67-95-7. Regarding the requirement to provide landscape setback widths as shown on the stipulated site plan, the applicant noted that they propose utilizing the same modified language they requested in companion case PHO-1- Planning Hearing Officer Summary of April 21, 2021 Application PHO-1-21--Z-9-08-7 Page 5 21--Z-67-95-7 for consistency. This proposed language would limit the requirement for a 30-foot landscape setback to Lower Buckeye Road only. The Planning Hearing Officer recommendation in PHO-1-21--Z-67-95-7 is to maintain the requirement for a 30-foot setback along 59th Avenue and Lower Buckeye Road. Finding #1 in the Planning Hearing Officer Summary of April 21, 2021 for PHO-1-21--Z-67-95-7 contains detailed information regarding that recommendation. The subject property is located near the intersection of two arterial streets and a major freeway. The site plan is also designed in a unified fashion with the subject property of PHO-1-21--Z-67-95-7 which is located at the northeast corner of 59th Avenue and Lower Buckeye Road. Lower Buckeye Road is identified in the Estrella Village Arterial Street Landscaping Program as one of two key streets, along with 67th Avenue, classified as Estrella Village Residential Parkways. These Parkways are subject to enhanced standards and are considered the main arteries into the Estrella community and provide access to the Village's residential corridor. Finally, the property is adjacent to the Estrella Village Core to the west which prioritizes pedestrian-oriented design. This confluence of features and policy plans at this intersection supports the requirement for an enhanced landscape requirement. The applicant’s request is recommended to be approved with a modification. The modification would provide consistency with the applicant’s request in PHO-1-21--Z-67-95-7 but retain the requirement for the enhanced landscape setback along 59th Avenue. It should also be noted that there are two additional rezoning cases along the east side of 59th Avenue between Lower Buckeye Road and the Roosevelt Canal. These cases, in conjunction with Z-9-08, constitute the entire 59th Avenue frontage for this stretch. Rezoning Case No. Z-62-05, located north of the subject property was stipulated (Stipulation 2 of the approval letter dated October 17, 2005) to provide a perimeter landscape setback along 59th Avenue in accordance with CP/GCP standards, which requires a landscaped 30-foot setback from a perimeter lot line on a street. Rezoning Case No. Z-67-95-7, located adjacent to the subject property to the southwest, was originally stipulated to a 30-foot setback landscape setback along 59th Avenue and as stated above, the PHO recommendation in companion case Z-67-95-7 is to retain this requirement. All properties along the east side of 59th Avenue between Lower Buckeye Road and the Roosevelt Canal are either developed with a minimum 30-foot landscape setback or remain stipulated to this requirement. Regarding the requirement for a minimum 20-foot landscape setback surrounding Lot 2, the applicant argued that this requirement is no longer relevant because the proposed conceptual site plan depicts a single Planning Hearing Officer Summary of April 21, 2021 Application PHO-1-21--Z-9-08-7 Page 6 development covering the subject property of both cases. This is true and the general conformance requirement recommended in both cases will control future development along this prior ‘interior’ property line. Stipulation 1.a remains relevant based on the original intent of the rezoning case, the current development in the surrounding area, and the applicable policy plans in this area. The applicant’s request is recommended to be approved with a modification. The modification would instead utilize the recommended language from PHO-1-21--Z-67-95-7 but retain the requirement for the enhanced landscape setback along 59th Avenue. This will allow the applicant to move forward with the conceptual site plan as shown but with the understanding that the landscape setback should be modified. 3) An additional stipulation is recommended to require that the development comply with the Estrella Village Arterial Street Landscaping Program. This policy plan establishes planting standards regarding trees, shrubs, groundcover, tree spacing and other considerations for properties adjacent to arterial streets in the Estrella Village. Lower Buckeye Road is also defined in this plan as a Residential Parkway which serves as one of the main arteries into the community and provides access to the Village's residential corridor. This will provide consistency with other recent approved zoning actions and developments in the surrounding area. 4) The Parks and Recreation Department recommends a stipulation requiring the developer to construct and dedicate a shared use path and related easement along the east side of 59th Avenue. This proposed shared use path is depicted on the City of Phoenix Facilities Map. The current proposed alignment shows a meandering pathway that crosses through multiple privately owned parcels along 59th Avenue and near the alignment of the Loop 202 South Mountain Freeway. The recent construction of the Loop 202 may impact the final alignment of the shared use path in the surrounding area. Therefore, the stipulation is recommended for inclusion with the caveat that the trail is to be approved or modified by the Parks and Recreation Department to allow staff to further clarify the final location, dimension, and/or alignment of the shared use path. 5) The site is identified as archaeologically sensitive and three additional stipulations are recommended to be included to address requirements for archaeological survey and testing requirements. DECISION: The Planning Hearing Officer took the case under advisement. On June 3, 2021, the Planning Hearing Officer took the case out from under advisement and recommended approval with modifications and additional stipulations. Planning Hearing Officer Summary of April 21, 2021 Application PHO-1-21--Z-9-08-7 Page 7 STIPULATIONS SITE PLAN AND ELEVATIONS 1. That The development shall be in general conformance with the site plan and elevations date stamped MARCH 25, 2021 February 5, 2008, as approved or modified by the FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND Development Services Department. with specific regard to the following: a. Landscape setback widths as shown on the site plan and the inclusion of a minimum 20-foot wide landscape setback surrounding Lot 2. A MINIMUM 30-FOOT LANDSCAPE SETBACK SHALL BE PROVIDED ADJACENT TO ANY PUBLIC STREET. b. A mix of 2, 3, and 4-inch caliper, drought tolerant trees within the landscape setback/retention areas visible from arterial streets. 2. That 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. 3. 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. 4. 3. That The perimeter wall visible from the arterial street shall include material and textural differences, such as stucco and/or split face block with a decorative element, such as tile, glass insets, or stamped designs, as approved by the PLANNING AND Development Services Department. 5. THE DEVELOPMENT SHALL CONFORM TO THE ESTRELLA VILLAGE ARTERIAL STREET LANDSCAPING PROGRAM, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. ARCHAEOLOGY 6. 4. That The applicant shall conduct archaeological testing and/or monitoring within the entire project area prior to clearing and grubbing, landscape Planning Hearing Officer Summary of April 21, 2021 Application PHO-1-21--Z-9-08-7 Page 8 salvage, and/or grading, as approved or modified by the City Archaeologist. 7. 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. 8. 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. 9. 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. STREETS 10. 5. That Right-of-way totaling 55 feet shall be dedicated for the north half of Lower Buckeye Road as approved by the PLANNING AND Development Services Department. 11. 6. That Right-of-way totaling 55 feet shall be dedicated for the east half of 59th Avenue as approved by the PLANNING AND Development Services Department. 12. 7. 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. 13. 8. That The applicant shall complete and submit the Developer Project Information Form for the MAG Transportation Improvement Program to the Street Transportation Department. This form is a requirement of the EPA to meet clean air quality requirements. Planning Hearing Officer Summary of April 21, 2021 Application PHO-1-21--Z-9-08-7 Page 9 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.