Attachment C - PHO Summary - PHO-3-22_Z-129-05-4.pdf
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REPORT OF PLANNING HEARING OFFICER ACTION Adam Stranieri, Planner III, Hearing Officer Bradley Wylam, Planner I, Assisting March 16, 2022 ITEM NO: 1 DISTRICT 4 SUBJECT: Application #: PHO-3-22--Z-129-05 Location: Southeast corner of 16th Street and Cambridge Avenue Zoning: C-2 Acreage: 1.56 Request: 1) Deletion of Stipulation 5 regarding ingress and egress from Cambridge Street Applicant: Javier Verdugo, Copper House LLC Owner: Javier Verdugo, Copper House LLC Representative: Javier Verdugo, Copper House LLC ACTIONS: Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended denial as filed and approval with a modification and additional stipulations. Village Planning Committee (VPC) Recommendation: The Encanto Village Planning Committee heard this request on March 7, 2022 and recommended denial by a vote of 9-2. DISCUSSION: Javier Verdugo, owner and representative with Copper House LLC, provided an overview of the subject site and history of the surrounding area. He noted that he had owned and operated businesses on the subject property since approximately 2006. He stated that the proposed deletion of Stipulation 5 would allow ingress and egress through an existing driveway on Cambridge Street. He noted that typical business hours are between 11 a.m. and 9 p.m. with some special events running until midnight. He noted that the driveway is intended for service vehicles such as trash trucks and some deliveries. He noted that the proposed driveway is unlikely to contribute to any significant increase of traffic on Cambridge Street. He stated that neighboring businesses on Cambridge Street, including multiple parcels owned by the Phoenix Children’s Hospital, have a much higher impact on traffic. Attachment C Planning Hearing Officer Summary of March 16, 2022 Application PHO-3-22--Z-129-05-4 Page 2 Adam Stranieri, Planning Hearing Officer, stated that the Encanto Village Planning Committee recommended denial of the request and that no public correspondence was received. He asked Mr. Verdugo if the existing driveway for the parking lot was added without necessary permits or plan review. Mr. Verdugo confirmed that construction of the driveway was not completed with permits or plan review. Mr. Stranieri noted that the site plan displayed in the applicant’s presentation does not show a driveway along Cambridge Street. He additionally noted that a site plan submitted to the City for a recent site plan pre-application does not include the northern parcels of Mr. Verdugo’s property or the Cambridge Street frontage. He asked Mr. Verdugo for clarification of what he intends to propose for the overall site. Mr. Verdugo stated that the proposed site plan in the presentation would only be used if Stipulation 5 were not modified or deleted. His intention is to provide the driveway along Cambridge Street. Mr. Stranieri discussed the transition of land uses, properties, and expansion of the Phoenix Children’s Hospital campus over the years since the original rezoning case. He also noted the current surrounding land uses and stated that the intensity of the uses on the subject site would not significantly increase traffic on Cambridge Street. He recommended that Stipulation 5 be modified to retain the prohibition on vehicular ingress and egress until necessary permits and plans are reviewed and approved for the driveway. He noted that three stipulations would be added regarding the archaeologically sensitive status of the site. FINDINGS: 1) The request to delete Stipulation 5 is recommended to be denied as filed and approved with a modification. The modification is intended to retain the stipulation but provide a path forward for the applicant to pursue the appropriate approvals required to retain the driveway. Since the approval of the original rezoning case in 2005, the land use pattern along Cambridge Avenue between 16th Street and State Route 51 has changed significantly. These changes include the elimination of multiple single-family and multifamily residential units and developments, redevelopment of a large parcel east of the subject site as an APS substation, and multiple land acquisitions and subsequent development related to expansion of the Phoenix Children’s Hospital campus. The hospital campus additionally adopted the Phoenix Children’s Hospital PUD (Rezoning Case No. Z-25-20) which established zoning entitlements for hospital related uses on major portions of this frontage. The single driveway proposed by the applicant in the current request represents a minor increase in potential intensity and traffic along this frontage. It should also be noted that Cambridge Avenue already hosts signage intended to prevent cut through truck traffic and contains speed bumps. Planning Hearing Officer Summary of March 16, 2022 Application PHO-3-22--Z-129-05-4 Page 3 However, after review of historic aerial and street photography and permit history, it was determined that the driveway in question was installed between approximately late 2016 to mid-2018 without required permits and plan review. The applicant confirmed that this was the case at the hearing. There are important considerations that would have been evaluated during a permit application or plan review for this type of project including, but not limited to, appropriate paving materials, impacts to grading and drainage, and the width and other details of the driveway geometry. Further, this work also appears to have included addition of a parking space, termination of a pedestrian pathway along the western edge of the building/driveway, and alterations to streetscape landscaping. Therefore, new language is recommended to require the applicant to obtain all necessary approvals for the driveway as determined by staff as a condition of retaining the driveway. 2) The site is identified as archaeologically sensitive and three additional stipulations are recommended to be included to address requirements for archaeological survey and testing. STIPULATIONS: 1. That Zoning shall not vest until all the landscape improvements and parking lot layout according to a site plan approved by the Planning and Development Department has been administratively verified by the Planning Hearing Officer. 2. That A six-foot high decorative masonry wall shall be constructed along the east property line. 3. That Cross access, cross drainage, and cross parking agreements SHALL be recorded for all the lots included in the rezoning request. 4. That A 10-foot wide sidewalk easement shall be recorded for the east half of 16th Street or as may be modified by the Planning and Development Department. 5. That There shall be no VEHICULAR ingress and egress from Cambridge Street,. UNTIL SUCH TIME THAT A DRIVEWAY IS REVIEWED AND APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. SUCH APPROVAL SHALL INCLUDE ANY NECESSARY PLAN REVIEW AND/OR PERMITS, SUCH AS SITE PLAN AMENDMENTS, GRADING AND DRAINAGE REVIEW, AND DRIVEWAY PERMITS, AS DETERMINED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. Planning Hearing Officer Summary of March 16, 2022 Application PHO-3-22--Z-129-05-4 Page 4 6. That A no trespassing sign in English and Spanish will be posted at the site. 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. 10. 7. That The property owner 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 to future owners or tenants of the property. 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.