Attachment B - PHO Summary - PHO-1-23--Z-9-20-6.pdf

ITEM NO: 4 
DISTRICT 6 
SUBJECT: 
Application #: 
PHO-1-23--Z-9-20-6 
Location: 
Southwest corner of 16th Street and Colter Street 
Zoning: 
C-O, PUD
Acreage: 
3.48 
Request: 
1) Request to review and approve proposed modifications to
a conceptual site plan (building footprint and south
building setback) that do not meet the criteria for
administrative review per Section 671.E.3.b.
Applicant: 
Trinsic Residential Group 
Owner: 
Willowick Square Owner, LLC 
Representative: Benjamin Tate, Withey Morris Baugh PLC 
ACTIONS: 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with modifications and additional stipulations. 
Village Planning Committee (VPC) Recommendation: The Camelback East 
Village Planning Committee chose not to hear this case. 
DISCUSSION: 
Ben Tate, representative with Withey Morris Baugh PLC, gave an overview of the 
site, its history, and the proposed project. He provided an overview of the 
proposed use and stated the purpose of the request was to remove the 
redundant drive aisle and to expand the building footprint, effectively reducing the 
existing building setbacks. He stated that the proposal would reduce the overall 
height of the project from 5 stories to 4 stories and would increase the courtyard 
open space within the development. He explained that Planned Unit 
Developments (PUD) are allowed to be amended administratively after creation 
except when certain thresholds are passed. He stated that proposed changes to 
the building setback and building footprint were both large enough to trigger the 
requirement for the proposed amendments to be publicly heard at the Planning 
Hearing Officer hearing. He presented the current building footprint and the 
proposed building footprint showing the expansion of the building footprint and 
the increased interior courtyard space. 
ATTACHMENT B
REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Chase Hales, Planner I, Assisting  
May 17, 2023

Planning Hearing Officer Summary of May 17, 2023 
Application PHO-1-23—Z-9-20-6 
Page 2 
 
 
 
Byron Easton, Planning Hearing Officer, stated that the PUD narrative included 
uses such as ground-floor retail and other commercial uses and asked how that 
would be addressed by the proposal. Mr. Tate stated that the applicant 
previously met with staff and it was determined that the table of uses did not 
require mixed uses, but rather permitted as primary uses all the permitted uses 
listed. Mr. Easton asked if pedestrian-oriented features such as stoops were to 
be included. Mr. Tate said yes. Mr. Easton stated that the proposal was not 
making any dramatic changes that would be altering the intent of the design of 
the building. The residential units would still face outwards and have a walk-up 
design. He stated that the proposal is consistent with the scale and intensity of 
the original approved plans for the PUD. He stated that he would recommend 
approval of the proposal with a modification to Stipulation 1 to require the 
applicant to create an updated PUD narrative and deleting the current text of 
Stipulation 1.a to replace with new language requiring the site plan to be 
updated. 
 
Mr. Easton stated that the Street Transportation Department recommended an 
additional stipulation requiring a 10-foot sidewalk easement along 16th Street. 
Mr. Tate asked if the stipulation could be changed to allow the Planning and 
Development Department to modify the requirement if necessary. Mr. Easton 
stated that he would modify the stipulation as suggested. Mr. Easton noted that a 
recorded Proposition 207 Waiver had not been received and recommended an 
additional stipulation requiring it before preliminary site plan approval. 
 
FINDINGS: 
 
1) The applicant’s request is to modify the conceptual site plan in the 
Willowick PUD Development Narrative.  Section 671.E.3.b of the Zoning 
Ordinance states that the Planning Hearing Officer may approve 
modifications to conceptual site plans that do not meet the criteria for 
Planning and Development Department administrative review.  Section 
671.E.3.a establishes the criteria for administrative review, which includes 
Section 671.E.3.a.(6) regarding modifications that result in an “an increase 
in building footprint less than five percent.”  Because the applicant’s 
proposed conceptual site plan represents a greater than five percent 
increase above that shown on the conceptual site plan in the Development 
Narrative, Planning Hearing Officer approval of the request is required. 
 
2) The Willowick PUD was approved by the Phoenix City Council on March 
3, 2021.  The PUD established development standards, design guidelines, 
permitted land uses, and other related standards associated with the 
proposed development of a mixed-use project consisting primarily of 
multifamily residential uses with some ground floor commercial land uses.  
The conceptual site and landscape plans in the approved Development

Planning Hearing Officer Summary of May 17, 2023 
Application PHO-1-23—Z-9-20-6 
Page 3 
 
 
Narrative depicted a 237-unit multi-level, mixed-use complex and  4,600 
square feet of commercial space fronting 16th Street. The proposed 
building consisted of approximately 180,000 square feet of mixed use, 
including residential, clubhouse and retail.  The building constituted 
approximately 61.35% lot coverage based on the net site area of 
approximately 3.45 acres.  The development standard for maximum lot 
coverage in the approved Development Narrative is a maximum 75% net 
lot area.   
 
3) The proposed conceptual site plan depicts a perimeter orientated building 
located around the outer boundaries of the site.  This courtyard style 
building has garage parking interior to the site. The square footage of the 
proposed building is 201,873 square feet and the Development Narrative 
notes that the use will now be entirely multifamily residential.   The site 
plan is consistent with the existing development standards in the 
Development Narrative and does not necessitate a major amendment per 
Section 671.E.1 of the Zoning Ordinance.  The proposed conceptual site 
plan is consistent in scale and intensity with the original approved plans.   
 
4) Approval of the proposed modification to the conceptual site plan is 
recommended.  Consistent with this recommendation, modification of 
Stipulation 1 is recommended to require the applicant to submit an 
updated Development Narrative which replaces the conceptual site plan.  
This recommendation also includes the deletion of existing Stipulation 1.a.   
This stipulation is unnecessary.   Through the requirements of Stipulation 
1, a new development narrative will be submitted and the new submittal 
date will be included. 
 
5) The Street Transportation Department recommends an additional 
stipulation requiring a 10-foot sidewalk easement on 16th Street.  The 
Street Classification map designates 16th Street with the “Arterial D” 
classification requiring a 50-foot half-street.  The revised conceptual site 
plan should conform to the General Plan Street Classification Map.   The 
stipulation is recommended to be included. The stipulation was modified to 
read, “as approved or modified by the Planning and Development 
Department due to the fact that the applicant was unaware of the added 
stipulation and was unclear if the easement could include the landscape 
setback. 
 
6) During the hearing, it was noted that the applicant did not submit a 
completed, notarized, and recorded Proposition 207 Waiver of Claims 
form and an additional stipulation was recommended to require this.  
Later, it was noted that this requirement already exists as Stipulation 7.  
Therefore, an additional stipulation is unnecessary, and the existing 
stipulation will remain.  However, the applicant must still submit a

Planning Hearing Officer Summary of May 17, 2023 
Application PHO-1-23—Z-9-20-6 
Page 4 
 
 
completed, notarized, and recorded Proposition 207 Waiver of Claims 
form per this stipulation for this request. 
 
STIPULATIONS: 
 
1. 
An updated Development Narrative for the Willowick PUD reflecting the 
changes approved through this request shall be submitted to the Planning 
and Development Department within 30 days of City Council approval of 
this request. The updated Development Narrative shall be consistent with 
the Development Narrative date stamped December 21, 2020 JUNE 9, 
2022, as modified by the following stipulations: 
 
 
 
a. 
Front cover: Revise the submittal date information on the bottom to 
add the following: Hearing draft: December 21, 2020; City Council 
adopted: [Add adoption date]. 
 
EXHIBIT 4: REMOVE EXISTING CONCEPTUTAL SITE PLAN AND 
REPLACE WITH THE SITE PLAN DATE STAMPED MARCH 30, 
2023. 
 
 
 
2. 
The developer shall retain the right-of-way and bus stop pad on 
southbound 16th Street south of Colter Street. The bus stop pad shall be 
compliant with City of Phoenix Standard Detail P1260 with a minimum 
depth of 10 feet. The bus stop pad shall be spaced from the intersection of 
16th Street and Colter Street as per City of Phoenix Standard Detail 
P1258, as approved by the Planning and Development Department. 
 
 
3. 
A MINIMUM 10-FOOT WIDE SIDEWALK EASEMENT SHALL BE 
DEDICATED ALONG THE WEST SIDE OF 16TH STREET, AS 
APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
 
4. 
3. 
The developer shall utilize the existing driveway along 16th Street on 
Parcel No. APN 162-12-001X to access the site. The developer shall 
record a cross access easement between Parcel Nos. 162-12-001X and 
162-12-009, to allow for ingress from the existing driveway south of the 
site. The agreement is to be reviewed and approved by the Planning and 
Development Department prior to recordation with Maricopa County. 
 
 
5. 
4. 
The developer shall submit a Traffic Impact Study (TIS) to the City for this 
development. No preliminary approval of plans shall be granted until the 
study had been reviewed and approved by the City. Additional off-site 
improvements and right-of-way dedications may be required as identified 
in the approved traffic study. Development shall be responsible for the

Planning Hearing Officer Summary of May 17, 2023 
Application PHO-1-23—Z-9-20-6 
Page 5 
 
 
cost associated with these improvements and dedications. 
 
 
6. 
5. 
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. 
 
 
7. 
6. 
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. 
 
 
8. 
7. 
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. 
 
 
 
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