Attachment B - PHO Summary - PHO-1-22--Z-58-19-7.pdf

REPORT OF PLANNING HEARING OFFICER ACTION  
Adam Stranieri, Planner III, Hearing Officer  
Bradley Wylam, Planner I, Assisting  
 
April 20, 2022 
 
ITEM NO: 3 
 
 
DISTRICT 7 
SUBJECT: 
 
 
 
Application #: 
PHO-1-22--Z-58-19-7 
Location: 
Northeast corner of 6th Avenue and Broadway Road 
Zoning:  
PUD RSIO 
Acreage:  
10.90 
Request: 
1) Modification of Stipulation 6 regarding undergrounding 
and relocation of existing irrigation facilities. 
Applicant: 
Prince Twumasi 
Owner: 
Chicanos Por La Causa 
Representative: Prince Twumasi 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval. 
 
Village Planning Committee (VPC) Recommendation: The South Mountain 
Village Planning Committee opted not to hear this request. 
 
DISCUSSION: 
 
Prince Twumasi, representative with Chicanos Por La Causa, provided an 
overview of the subject site and original rezoning case. He stated that a Salt 
River Project (SRP) canal is located on the south and west side of the subject 
site and the relocation of the canal is delaying the development of the PUD 
approved for the site. He stated that the land transfer is underway regarding the 
relocation of the canal and the applicants have reached an agreement with the 
City of Phoenix and SRP staff. He stated that the proposed modification is to 
require the completion of the land transfer prior to obtaining the Certificate of 
Occupancy, which would allow the development to be built approximately two 
years quicker than what would be possible without modification.  
Adam Stranieri, Planning Hearing Officer, stated that he received confirmation of 
the coordination between the City of Phoenix and SRP. He stated that the 
modification is recommended to be approved. 
 
Attachment B

Planning Hearing Officer Summary of April 20, 2022 
Application PHO-1-22—Z-58-19-7 
Page 2 
 
 
FINDINGS: 
 
1) The request to modify Stipulation 6 regarding the timing of relocations for 
existing irrigation facilities is recommended to be approved.  The applicant 
noted that they have conducted extensive outreach and coordination with 
City of Phoenix and Salt River Project (SRP) staff regarding the timeline 
for relocations and land transfers and the proposed modification is 
acceptable to both groups.  Street Transportation Department staff 
confirmed this and made no further recommendations regarding the 
proposal. 
 
STIPULATIONS: 
 
1. 
An updated Development Narrative for the Broadway and Central PUD 
reflecting the changes approved through this request shall be submitted to 
the Planning Department within 14 days of City Council approval of this 
request. The updated Development Narrative shall be consistent with 
Development Narrative date stamped April 24, 2020 as modified by the 
following stipulations.   
 
 
 
a. 
Page 1:  
 
 
 
 
 
1) 
Add “Hearing Draft: April 24, 2020” 
 
 
 
 
 
 
2) 
Add “City Council adopted: [Insert Adoption date]” 
 
 
 
 
b. 
Page 7:   
 
 
 
 
 
1) 
Replace text with the following: Where buildings are 
adjacent to a pedestrian accessway, a frontage type shall 
be required. If frontage does not contain an entrance, units 
adjacent to a pedestrian accessway shall be designed with 
windows and/or balconies overlooking the accessway. 
 
 
 
 
c. 
Pages 6 and 7: 
 
 
 
 
 
1) 
Add the following text in Section 1304 General Site 
Development Standards: The western most paseo may 
deviate from the 3rd Avenue alignment up to 175 feet if the 
deviation is marked by pedestrian oriented wayfinding; the 
southern most connection to Broadway Road shall be 
constructed after the SRP facility is buried and easements 
issues resolved, no later than the development of the 
townhomes depicted on Exhibit E.

Planning Hearing Officer Summary of April 20, 2022 
Application PHO-1-22—Z-58-19-7 
Page 3 
 
 
 
 
 
 
d. 
Page 8: 
 
 
 
 
 
1) 
Replace text in Section 1309 Landscape Standards, 6th 
Avenue and Pueblo Avenue frontage, with the following: 
Shall be planted with large canopy, single trunk, shade 
trees placed a minimum of 20 feet on center or in 
equivalent groupings installed between the sidewalk and 
the buildings. The trees allowed in the planting area may be 
adjusted or removed based on input from SRP or the Water 
Services Department. 
 
 
 
 
 
 
2) 
Replace text in Section 1309 Landscape Standards, 
Broadway Road, with the following: The sidewalk and tree 
diagram contained in Exhibit C of this PUD shall apply. 
Planting details are provided in Section 1312 character 
areas of this table. The trees allowed in the planting area 
may be adjusted based on input from SRP or the Water 
Services Department; however, the requirement for trees 
shall not be removed. 
 
 
 
 
e. 
Replace Exhibit E with the Site Plan date stamped May 21, 2020. 
 
 
2. 
The developer shall provide a total of 32 feet of paving with curb, gutter, 
a minimum five-foot wide sidewalk and streetlighting along Pueblo 
Avenue and facilitate the pavement along the “out parcel” (APN 113-05-
045). If the developer is unable to procure the “out parcel” for the local 
street pavement requirement, the development shall not have access 
along the entirety of Pueblo Avenue except for one combined access 
point for emergency and refuse collection only at the eastern limits of the 
property, as determined by Planning and Development and Street 
Transportation Departments. 
 
 
3. 
The developer shall dedicate 25 feet of right-of-way for the south half of 
Pueblo Avenue, as approved by the Planning and Development 
Department.   
 
 
4. 
The developer shall dedicate a 14-foot Sidewalk Easement along 
Broadway Road, for the entire length of the development, to 
accommodate a detached sidewalk and shade trees adjacent to the 
sidewalk, as approved by the Planning and Development and Street 
Transportation Departments.

Planning Hearing Officer Summary of April 20, 2022 
Application PHO-1-22—Z-58-19-7 
Page 4 
 
 
5. 
The developer shall dedicate 5 feet of right-of-way for the east half of 6th 
Avenue, as approved by the Street Transportation Department. 
 
 
6. 
Existing irrigation facilities along 6th Avenue and Broadway Road are to 
be undergrounded and relocated outside of City right-of-way. Contact 
SRP to identify existing land rights and establish the appropriate process 
to relocate facilities. Relocations that require additional dedications or 
land transfer require completion prior to obtaining plat and/or civil plan 
review approval A CERTIFICATE OF OCCUPANCY FOR THE 
DEVELOPMENT. 
 
 
7. 
The developer shall provide enhanced internal pedestrian circulation with 
a primary access point at the intersection of 6th Avenue and Broadway 
Road. The access point shall be enhanced with a minimum 700 square 
foot landscaped area planted with drought-tolerant plant materials 
providing seasonal interest and 75 percent live cover and a bollard light 
path or lighted art element visible from the perimeter of the site. The 
above shall be approved by the Planning and Development Department. 
 
 
8. 
The developer shall construct all streets within and adjacent to the 
development with paving, curb, gutter, sidewalk, curb ramps, streetlights, 
median islands, landscaping and other incidentals, as per plans 
approved by the Planning and Development Department. All 
improvements shall comply with all ADA accessibility standards. 
 
 
9. 
The applicant shall submit a Traffic Impact Study/Statement to the City 
for this development. No preliminary approval of plans shall be granted 
until the study is reviewed and approved by the City. Contact Mr. 
Matthew Wilson, Traffic Engineer III, (602) 262-7580, to set up a meeting 
to discuss the requirements of the statement/study. Upon completion of 
the TIS the developer shall submit the completed TIS to the Planning and 
Development Department counter with instruction to forward the study to 
the Street Transportation Department, Design Section. 
 
 
10. 
The developer shall record a Notice to Prospective Purchasers of 
Proximity to Airport in order to disclose the existence and operational 
characteristics of Phoenix Sky Harbor International Airport (PHX) to 
future owners or tenants of the property. 
 
 
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.

Planning Hearing Officer Summary of April 20, 2022 
Application PHO-1-22—Z-58-19-7 
Page 5 
 
 
 
 
12. 
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. 
 
 
 
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. To request a reasonable 
accommodation, please contact Les Scott at 602-376-3981 or TTY: 7-1-1.