Attachment D - PC Summary - PHO-1-21--Z-9-08-7.pdf
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REPORT OF PLANNING COMMISSION ACTION August 5, 2021 ITEM NO: 7 DISTRICT NO.: 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 Proposal: 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. Acreage: 13.79 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: 6-0. 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-9-08-7, per the Planning Hearing Officer recommendation, with 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: Gaynor Vote: 8-0 Absent: Magnum Opposition Present: No Attachment D Findings: 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. Stipulations: SITE PLAN AND ELEVATIONS 1. That The development shall be in general conformance with the site plan DATE STAMPED AUGUST 5, 2021 and elevations date stamped MARCH 25, 2021 February 5, 2008, EXCEPT WHERE THERE MAY BE CONFLICTS WITH THE GENERAL ZONING ORDINANCE STANDARDS, AND 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 LOWER BUCKEYE ROAD. 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 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. This publication can be made available in alternate format upon request. Please contact Angie Holdsworth at (602) 495-5622, TTY use 7-1-1.