Attachment C - PHO Summary - PHO-1-26--Z-92-23-8.pdf

REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Logan Zappolo, Planner I, Assisting  
May 20, 2026 
ITEM NO: 7 
DISTRICT NO. 8 
SUBJECT: 
Application #: 
PHO-1-26--Z-92-23-8 
Location: 
Southeast corner of 19th Avenue and Baseline Road 
Zoning: 
C-2
Acreage: 
35.03 
Request: 
1)
Legislative review of the conceptual site plan, elevations,
and landscape plan.
Applicant: 
David Richert, Richert & Associates 
Owner: 
Rick Hornback, River View Growers, LLC 
Representative: 
Brandon Vasquez, Diversified Partners, LLC 
ACTIONS: 
Planning Hearing Officer Recommendation: The Planning Hearing Officer took 
the case under advisement.  On June 23, 2026 the Planning Hearing Officer took 
the case out from under advisement and recommended approval with a 
modification and an additional stipulation. 
Village Planning Committee (VPC) Recommendation: The South Mountain 
Village Planning Committee heard this request on May 12, 2026 and 
recommended approval with a modification by a vote of 14-0. 
DISCUSSION: 
David Richert, representative of Richert & Associates, presented the request to 
review and satisfy Stipulation 1 regarding a PHO review of the conceptual site 
plan, elevations and landscape plan. Mr. Richert presented the original rezoning 
application and added he has reached out to the interested parties from the 
original rezoning case and received no response. He overviewed the roughly 35-
acre site and explained the PHO boundary will be inclusive of the C-2 portion of 
the original rezoning case. He stated the frontage was intended for uses such as 
car washes or drive through restaurants, however, the village was not fond of 
that idea. Mr. Richert explained his client, WinCo, would fund the off-site and on-
site improvements necessary and added the owner is working on the water, 
sewer, and utilities to get the WinCo developed in a timely manner. He presented 
the elevations and materials list highlighting off setting building frontages and 
color scheme relative to the desert landscape and the color pallet for WinCo. Mr. 
ATTACHMENT C

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 2 
 
Richert stated during the Village Planning Committee Meeting the members 
questioned how lush the landscape plan truly was, he added he has submitted 
an updated color landscape plan to better depict the landscaping proposed. He 
presented some restaurant entities that have been contacted regarding open 
tenant space highlighting sit down restaurants including but not limited to 
Oregano’s, Applebee’s, and Lou Malnati’s. Mr. Richert presented the original 
stipulation and his proposed legislative edit. He stated during discussion with the 
neighborhood and the Village they intend to implement an 8-foot wall along the 
rear of the WinCo site within the landscape setback. Mr. Richert explained the 
proposed stipulations and discussion from the South Mountain Village Planning 
Committee.  
 
Mr. Easton noted that the South Mountain Village Planning Committee 
recommended approval of the request inclusive of the modifications presented at 
the Village Planning Meeting. He added he has not reviewed the proposed 
modification until during the hearing and presented the Village recommended 
stipulations. Mr. Easton stated the modification to Stipulation 1 is quite lengthy 
and explained the modification to Stipulation 2 is to add a Comprehensive Sign 
Package requirement. Mr. Easton explained the proposed modified stipulations 
will need to be reviewed for enforceability and took the case under advisement. 
 
FINDINGS: 
 
1) The request to modify Stipulation 1 regarding legislative review of the 
conceptual site plan, elevations and landscape plan is recommended to 
be approved with a modification and an additional stipulation. The 
applicant submitted the previously mentioned plans for review by the 
Planning Hearing Officer per the requirements of Stipulation 1.  Stipulation 
1 is recommended to be modified by deleting it in its entirety and replacing 
the text with a general conformance requirement.  
 
The original rezoning case consisted of four distinct zoning districts 
dividing over approximately 105 acres, with commercial zoning proposed 
along Baseline Road and 19th Avenue, and a variety of single-family 
residential districts (R-3, R-4 & R-10) at the southern portion of the site.  
The subject property of this case is the commercially zoned parcel along 
Baseline Road and 19th Avenue only.   
 
The stipulated site plan for the commercial area depicted an 
approximately 35 gross acre site with no buildings shown.  Access points 
and circulation patterns are identified on the stipulated plan.  The 
proposed conceptual site plan and landscape plan depict an 
approximately 84,000 square foot, single-story commercial building that is 
intended to be a WinCo grocery store.  They also show several smaller 
commercial “shops” and “pads” that are arranged around the perimeter of 
the site. Parking is centrally located with localized parking provided for the

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 3 
 
pads. The site offers vehicular access to the residentially zoned property 
to the south via an internal collector.  The site is adequately landscaped 
per C-2 landscaping requirements.  
 
Building elevations were not stipulated for the proposed commercial uses 
in the original case.  The proposed conceptual elevations for the WinCo 
building depict a maximum height of approximately 42 feet to the top of 
cornice, which exceeds the two stories and 30 feet otherwise permitted by 
the current zoning district.  The shops and pads are also depicted and 
show a maximum height of 18 feet to the top of parapet.  The proposed 
elevations include a variety of architectural detailing and features. The 
proposal is compatible with its location near the intersection of two arterial 
streets. The recommendation for general conformance will control for 
deviation from the proposed plans. 
 
2) Several modifications were recommended by the South Mountain Village 
Planning Committee (VPC) at the May 12, 2026 VPC hearing. The VPC 
recommended a modification of Stipulation 1 to add language that was 
intended to specify the location of the improvements.  They also asked to 
add a requirement for a Comprehensive Sign Plan that includes traffic 
circulation restrictions, to require the applicant to return to the VPC for 
review and comment prior final approval of the site plan, elevations and 
landscape plan and that the development utilize materials and designs for 
heat mitigation. 
 
The VPC recommended language denoting specific location of the 
improvements is unnecessary.  The reference to “the total Commercial C-
2 site” and “Major A site” is not necessary as these are both areas 
covered by this PHO application boundary. In addition, there are no “future 
lots” that can be potentially developed.  All lots are currently shown on the 
proposed site plan.   
 
It is the PHO recommendation that the requirement for a Comprehensive 
Sign Plan (CSP) be stipulated and is recommended to be added as new 
Stipulation 2.  I am not including the language that restricts truck ingress 
and egress to the site as this is not enforceable or necessary. Commercial 
trucks will primarily access the site from 19th Avenue and/or Baseline 
Road anyway and will not choose to meander through the planned 
residential area to the south. However, I understand if the VPC wishes for 
a unified and consistent sign package, so a CSP is appropriate.  
 
The VPC recommendation for the applicant to return for another review is 
unnecessary as the review was already conducted throughout this PHO 
process.  The entire purpose of this request was for the VPC and the PHO 
to review the site plan, elevations and landscape plan.  The VPC voted

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 4 
 
14-0 to approve the plans/elevations and the applicant must now be in 
general conformance to these date-stamped documents accordingly.   
 
The last VPC recommended modification included vague language 
referring to the use of materials and designs for heat mitigations.  I cannot 
stipulate to something that cannot be enforced by site planning and is 
subject to interpretation by any future reviewer.  I am not an expert on 
what materials and designs mitigate heat.   
 
STIPULATIONS: 
 
OVERALL SITE 
1. 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH 
THE SITE PLAN, ELEVATIONS AND LANDSCAPE PLAN DATE 
STAMPED FEBRUARY 27, 2026, AS MODIFIED BY THE FOLLOWING 
STIPULATIONS AND APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
The conceptual site plan, elevations, and landscape plan for future 
development of the site shall be reviewed and approved by the Planning 
Hearing Officer through the public hearing process, including review by the 
South Mountain Village Planning Committee, for stipulation modification 
prior to preliminary site plan approval. This is a legislative review for 
conceptual purposes only. Specific development standards and 
requirements will be determined by the Planning Hearing Officer and the 
Planning and Development Department. 
 
 
2. 
THE DEVELOPER SHALL SUBMIT A COMPREHENSIVE SIGN PLAN, 
AS REVIEWED AND APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
3. 
2. 
The sidewalk along Baseline Road shall be a minimum of 6 feet in width 
and detached with a minimum 10-foot-wide landscape strip located 
between the sidewalk and back of curb and planted to the following 
standards, as approved by the Planning and Development Department. 
 
 
 
a. 
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant, 
shade trees planted 20 feet on center, or in equivalent groupings, that 
provide shade to a minimum 50. 
 
 
 
b. 
Drought tolerant vegetation to achieve a minimum of 75% live 
coverage. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 5 
 
pedestrian environment for installing the required plants. 
 
 
4. 
3. 
The sidewalk along 19th Avenue shall be a minimum of 6 feet in width and 
detached with a minimum 10-foot-wide landscape strip located between 
the sidewalk and back of curb and planted to the following standards, as 
approved by the Planning and Development Department. 
 
 
 
a. 
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant, 
shade trees planted 20 feet on center, or in equivalent groupings, that 
provide shade to a minimum 50 percent. 
 
 
 
b. 
Drought tolerant vegetation to achieve a minimum of 75% live 
coverage. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment for installing the required plants. 
 
 
5. 
4. 
The sidewalk along South Mountain Avenue shall be minimum of 5 feet m 
width and detached with a minimum 5-foot-wide landscape strip located 
between the sidewalk and back of curb and planted with minimum 2-inch 
caliper, single-trunk, large canopy, drought-tolerant, shade trees planted 
20 feet on center, or in equivalent groupings, that provide shade to a 
minimum 50%, as approved by the Planning and Development 
Department. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment for installing the required plants. 
 
 
6. 
5. 
A minimum of 10% of the required shrubs, shall be a milkweed or other 
native nectar species, and shall be planted in groups of three or more, as 
approved by the Planning and Development Department. 
 
 
7. 
6. 
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along 
the south side of Baseline Road and a minimum 10-foot-wide multi-use 
trail (MUT) shall be constructed within the easement in accordance with 
the MAG supplemental detail and as approved or modified by the Planning 
and Development Department. 
 
 
8. 
7. 
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along 
the north side of South Mountain Avenue and a minimum 10-foot-wide 
multi-use trail (MUT) shall be constructed within the easement in 
accordance with the MAG supplemental detail and as approved or 
modified by the Planning and Development Department.

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 6 
 
 
 
9. 
8. 
A minimum of 5.25 acres shall be reserved for open space, as shown on 
the conceptual landscape plan date stamped November 13, 2023. 
 
 
10. 
9. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrasts parking and drive aisle 
surfaces, as approved by the Planning and Development Department. 
 
 
11. 
10. 
All perimeter walls visible from street right-of-way shall include material 
and/or textural differences, such as stucco and/or split face block with a 
decorative element, such as tile or stamped designs, as approved by the 
Planning and Development Department. 
 
 
12. 
11. 
A minimum of two green infrastructure (GI) techniques for stormwater 
management shall be implemented per the Greater Phoenix Metro Green 
Infrastructure and Low-Impact Development Details for Alternative 
Stormwater Management, as approved or modified by the Planning and 
Development Department. 
 
 
13. 
12. 
Commercial landscaping and common areas shall be maintained by 
permanent and automatic/water efficient WaterSense labeled irrigation 
controllers or similar smart controller to minimize maintenance and 
irrigation water consumption for all on and offsite landscape irrigation. 
 
 
14. 
13. 
Natural turf shall only be utilized on individual single-family lots (behind 
the front yard); required retention areas (bottom of basin), and functional 
turf areas located on properties for uses such as parks and residential 
common areas, as approved by the Planning and Development 
Department. 
 
 
15. 
14. 
A minimum 50 feet of right-of-way shall be dedicated for the east side of 
19th Avenue, adjacent to the development. 
 
 
16. 
15. 
A minimum 30 feet of right-of-way shall be dedicated for the north side of 
South Mountain Avenue, adjacent to the development. 
 
 
17. 
16. 
A minimum 50 feet of right-of-way shall be dedicated for the full width of all 
public local streets, internal to the development. 
 
 
18. 
17. 
A minimum 5-foot-wide sidewalk shall be constructed on both sides of all 
public local streets. 
 
 
19. 
18. 
Right-of-way shall be dedicated for the connection of the internal road 
network to Gary Way on the southeastern boundary of the site.

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 7 
 
 
 
20. 
19. 
Crosswalks shall be placed across internal roadways separating 
residential and commercial land at significant pedestrian crossings, as 
determined by the Street Transportation Department. 
 
 
21. 
20. 
Improvements to Baseline Road shall be consistent with the Arterial CM 
cross section including the construction of a raised median. 
 
 
22. 
21. 
A Traffic Impact Analysis (TIA) shall be submitted to the City for this 
development. No preliminary approval of plans shall be granted until the 
study is reviewed and approved by the Street Transportation Department. 
The TIA shall include signal warrant analysis for 19th Avenue and South 
Mountain Avenue. If the approved TIA determines that a signal is 
warranted at this intersection, the developer shall be required to fund 
100% of the cost and construct the signal. If the TIA does not warrant the 
signal, the developer shall be required contribute 25% of traffic signal cost 
in an escrow account to the Street Transportation Department. 
 
 
23. 
22. 
All existing electrical utilities within the public right-of-way shall be 
undergrounded, adjacent to the development. The developer shall 
coordinate with the affected utility companies for their review and 
permitting. 
 
 
24. 
23. 
Existing SRP facilities along 19th Avenue are to be relocated outside of 
City right-of-way. Contact SRP to identify existing land rights and establish 
the appropriate process to relocate the facility. Relocations that require 
additional dedications or land transfer require completion prior to obtaining 
plat and/or civil plan review approval. 
 
 
25. 
24. 
Replace unused driveways with sidewalk, curb, and gutter. Also, replace 
any broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all 
streets and upgrade all off-site improvements to be in compliance with 
current ADA guidelines. 
 
 
26. 
25. 
All streets within and adjacent to the development shall be constructed 
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. 
 
 
27. 
26. 
The property owner shall record documents that disclose the existence, 
and operational characteristics of Phoenix Sky Harbor Airport to future 
owners or tenants of the property. The form and content of such 
documents shall be according to the templates and instructions provided 
which have been reviewed and approved by the City Attorney.

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 8 
 
 
 
28. 
27. 
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. 
 
 
29. 
28. 
Prior to final 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. 
 
 
C-2, R-3, AND R-4 ZONED SITES (Commercial and Multifamily) 
 
 
30. 
29. 
All uncovered surface parking spaces shall be shaded to achieve a 
minimum 25% shade with either structural shade, minimum 2-inch caliper 
size, single-trunk, large canopy, drought-tolerant, shade trees, or a 
combination of the two, as approved by Planning and Development 
Department. 
 
 
31. 
30. 
A minimum of 2% of the required parking spaces shall include EV Installed 
infrastructure. A minimum of 5% of the required parking spaces shall 
include EV Capable spaces. 
 
 
32. 
31. 
Site lighting shall be provided at building entrances/exits, and in public 
assembly and parking areas, as approved by the Planning and 
Development Department. 
 
 
33. 
32. 
All public and private pedestrian pathways including sidewalks shall be 
shaded to a minimum 75%, as approved by the Planning and 
Development Department. 
 
 
34. 
33. 
Pressure regulating sprinkler heads and drip lines shall be utilized in any 
turf areas to reduce water waste. 
 
 
35. 
34. 
Only landscape materials listed in the Phoenix Active Management Area 
Low-Water-Use/Drought-Tolerant Plant List shall be utilized, as approved 
or modified by the Planning and Development Department. 
 
 
C-2 ZONED SITES 
 
 
36. 
35. 
Drive-through windows adjacent to a perimeter street shall be screened by 
a minimum four-foot-tall mound, or other comparable screening, as 
approved by the Planning and Development Department. 
 
 
37. 
Bicycle parking spaces shall be provided per the requirements of Section

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 9 
 
36. 
1307.H of the Phoenix Zoning Ordinance through inverted U and/or artistic 
racks located near the office and installed per the requirements of Section 
1307.H of the Phoenix Zoning Ordinance. Artistic racks shall adhere to the 
City of Phoenix Preferred Designs in Appendix K of the Comprehensive 
Bicycle Master Plan. 
 
 
38. 
37. 
Bicycle parking spaces shall be shaded by a structure, landscaping, or a 
combination of the two to provide a minimum of 75% shade, as approved 
by the Planning and Development Department. 
 
 
39. 
38. 
A minimum of 5% of the provided bicycle parking spaces shall include 
standard electrical receptacles for electric bicycle charging capabilities, as 
approved by the Planning and Development Department. 
 
 
40. 
39. 
Prior to final site plan approval, documentation shall be provided that 
demonstrates a commitment to participate in the Water Efficiency Checkup 
program for a minimum of 15 years, or as approved by the Planning and 
Development Department. 
 
 
R-3 AND R-4 ZONED SITES (Multifamily) 
 
 
41. 
40. 
Bicycle infrastructure shall be provided as described below, located in 
open space areas, near entrances of buildings, or in a secure location 
inside the building and installed per the requirements of Section 1307.H of 
the Phoenix Zoning Ordinance. Bicycle parking spaces shall be provided 
through inverted U and/or artistic racks. Artistic racks shall adhere to the 
City of Phoenix Preferred Designs in Appendix K of the Comprehensive 
Bicycle Master Plan, as approved by the Planning and Development 
Department. 
 
 
 
a. 
The developer shall provide secure bicycle parking per Section 1307 
of the Zoning Ordinance. 
 
 
 
b. 
Guest bicycle parking shall be provided at a minimum rate of 0.05 
spaces per dwelling unit, up to a maximum of 50 spaces required. 
 
 
 
c. 
A bicycle repair station ("fix it station") shall be provided and 
maintained on site within an amenity area or near a primary site 
entrance. The bicycle repair station ("fix it station") shall be provided 
in an area of high visibility and separated from vehicular maneuvering 
areas, where applicable. The repair station shall include, but not be 
limited to: 
 
 
 
 
i. 
Standard repair tools affixed to the station;

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 10 
 
 
 
ii. 
A tire gauge and pump affixed to the base of the station or the 
ground; 
 
 
 
 
iii. 
A bicycle repair stand which allows pedals and wheels to spin 
freely while making adjustments to the bike. 
 
 
42. 
41. 
A minimum of 10% of the provided bicycle parking spaces shall include 
standard electrical receptacles for electric bicycle charging capabilities, as 
approved by the Planning and Development Department. 
 
 
R-3 ZONED SITES 
 
 
43. 
42. 
Perimeter fencing adjacent to 19th Avenue shall be a minimum of 50% 
open view fencing, as approved by the Planning and Development 
Department. 
 
 
44. 
43. 
Buildings adjacent to 19th Avenue shall have units oriented towards 19th 
Avenue and shall include individual porches or patios. 
 
 
45. 
44. 
The maximum building height shall be limited to two stories or 30 feet. 
 
 
R-3 ZONED SITES 
 
 
46. 
45. 
The maximum building height shall be limited to two stories or 30 feet. 
 
 
47. 
46. 
The development within the R-4 area shall be limited to a maximum of 360 
units. 
 
 
R1-10 ZONED SITES 
 
 
48. 
47. 
Building elevations shall be developed to the following standards, as 
approved by the Planning and Development Department: 
 
 
 
a. 
Building elevations shall contain multiple colors, exterior accent 
materials and textural changes that exhibit quality and durability such 
as brick, stone, colored textured concrete or stucco, or other 
materials to provide a decorative and aesthetic treatment. 
 
 
 
b. 
A minimum of 50% of the elevations for each floor plan shall provide 
a covered front porch in the front yard with a minimum of 60 square 
feet in area at a depth of at least 6 feet. No porch shall terminate 
within the plane of a door or window.

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 11 
 
 
c. 
Pitched roofs shall be provided on all building elevations. 
 
 
49. 
48. 
The maximum building height shall be limited to one story or 24 feet. 
 
 
50. 
49. 
Lots along the south perimeter shall be a minimum of 160 feet in depth. 
 
 
51. 
50. 
Lots shall be a minimum of 75 feet in width. 
 
 
52. 
51. 
Prior to preliminary plat approval, documentation shall be provided that 
demonstrates participation in the Environmental Protection Agency's 
WaterSense certification program, or an equivalent program, as approved 
by the Planning and Development and Water Services Departments. 
 
 
53. 
52. 
A WaterSense inspection report from a third-party verifier shall be 
submitted that demonstrates successful participation in the Environmental 
Protection Agency's WaterSense certification program, or an equivalent 
program, prior to certificate of occupancy, as approved by the Planning 
and Development Department. 
 
 
54. 
53. 
Participation in the City of Phoenix Homeowner's Association Water 
Efficiency Program shall be incorporated into to Covenants, Conditions, 
and Restrictions for the subdivision, prior to final site plan approval. 
 
 
55. 
54. 
Swimming pools on individual single-family lots shall be limited to 600 
square feet in size. 
 
 
56. 
55. 
Only landscape materials listed in the Phoenix Active Management Area 
Low-Water-Use/Drought-Tolerant Plant List shall be utilized in the 
common areas and within the front yards of individual residential lots, as 
approved or modified by the Planning and Development Department. 
 
 
R1-10, R-3, AND R-4 ZONED SITES (SINGLE-FAMILY AND 
MULTIFAMILY) 
 
 
57. 
56. 
All landscape setbacks shall be planted with minimum 2-inch caliper, large 
canopy, drought-tolerant trees, 20 feet on center, or in equivalent 
groupings, with five 5-gallon shrubs per tree, as approved by the Planning 
and Development Department. Where utility conflicts exist, the developer 
shall work with the Planning and Development Department on alternative 
design solutions consistent with a pedestrian environment for installing the 
required plants.

Planning Hearing Officer Summary of May 20, 2026 
Application PHO-1-26--Z-92-23-8 
Page 12 
 
 
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