Attachment B - PC Staff Report - PHO-1-25--Z-232-85-4(7).pdf
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Staff Report: PHO-1-25--Z-232-85-4(7)
APPLICATION #:
PHO-1-25--Z-232-85-4(7)
LOCATION:
Southeast corner of 26th Avenue and Polk Street
EXISTING ZONING:
C-2 and C-3
ACREAGE:
2.99
REQUEST:
Request to delete Stipulation 1 regarding site access from
Van Buren Street
APPLICANT:
David Hughes, EPS Group Inc.
OWNER:
JC Hurts Properties LLC/VMAP Properties LLC
REPRESENTATIVE:
David Hughes, EPS Group Inc.
STAFF RECOMMENDATION
Approval with a modification, per the Planning Hearing Officer recommendation.
PLANNING HEARING OFFICER RECOMMENDATION
On May 21, 2025, the Planning Hearing Officer recommended approval with a
modification.
VILLAGE PLANNING COMMITTEE RECOMMENDATION
The Estrella Village Planning Committee (VPC) heard this request on May 20, 2025 and
recommended approval, by a vote of 4-0.
BACKGROUND/ANALYSIS
The subject site consists of 2.99 gross acres located at the southeast corner of 26th
Avenue and Polk Street and is zoned C-2 (Intermediate Commercial). The overall
development site is zoned both C-2 and C-3 (General Commercial). The subject PHO
ATTACHMENT B
Staff Report-PHO-1-25--Z-232-85-4(7)
August 7, 2025 Planning Commission
Page 2 of 4
case only applies to the west portion of the overall development site (Exhibit F). The
applicant requested to delete Stipulation 1 regarding site access from Van Buren Street.
The applicant presented a narrative (Exhibit B) and conceptual site plan (Exhibit I) at the
May 21, 2025 Planning Hearing Officer (PHO) hearing to support their request. The
narrative notes the stipulation is not applicable for the property as it no longer has street
frontage along Van Buren Street. The applicant proposed three driveways off 25th
Avenue (east), 26th Avenue (west), and Polk Street (north) as the property cannot be
accessed from Van Buren Street. The Street Transportation Department supports
access from 25th Avenue and Polk Street, but not 26th Avenue as it is adjacent to
residential properties. The applicant argued that having access along 26th Avenue
provides “eyes on the street” for nearby residents and reduces the number of transients
on the site. The PHO agreed with the Street Transportation Department
recommendation and added language to Stipulation 1 to include a 1-foot vehicular non-
access easement (VNAE) along the western property line adjacent to 26th Avenue.
The applicant/appellant requests to remove the revised language from Stipulation 1
regarding the VNAE and requests a deletion of Stipulation 1.
PREVIOUS HISTORY
On September 4, 1985, the Phoenix City Council heard Rezoning Case No. Z-232-85-4,
a request to rezone approximately 3.83 acres located at the southeast corner of 26th
Avenue and Polk Street from R-5 (Multifamily Residence District- Restricted
Commercial) to C-3 (General Commercial) (Exhibit F). The City Council recommended
denial as filed per the Planning Commission’s recommendation and approved C-2
(Intermediate Commercial) with a Special Permit (Exhibit E). On September 18, 2013,
the Phoenix City Council heard Rezoning Case No. Z-5-13-7, a request to rezone
approximately 3.8 acres located at the northeast corner of the 26th Avenue and Van
Buren Street from C-2 SP (Intermediate Commercial, Special Permit) to C-2
(Intermediate Commercial) (Exhibit G). This action removed the special permit and now
the stipulations from Z-232-85-4 now apply to the site (west portion of the overall
development site).
The site is split zoned with C-2 zoning on the western portion and C-3 zoning on the
eastern portion. The proposal included a self-service storage containing a two-story
residence office and 1,056 storage units (Exhibit K). The main entrance was along Van
Buren Street to support Stipulation 1. Landscape areas and a variation of building
setbacks were provided to support Stipulations 2 and 3. The 12-foot radius dedication
along 26th Avenue and Polk Street was completed.
NEIGHBORHOOD CONCERNS
Public Correspondence
No public correspondence was received for this case.
Staff Report-PHO-1-25--Z-232-85-4(7)
August 7, 2025 Planning Commission
Page 3 of 4
GENERAL PLAN LAND USE MAP DESIGNATION
Residential 3.5 to 5 dwelling units / acre
CHARACTER OF SURROUNDING LAND USE
Zoning
Land Use
On-site
C-2, C-3
Storage Yard
(overall development site):
North:
R-5
Cemetery
East:
C-3
Auto Repair Garage,
Welding Shop
East (Across 25th Avenue) A-1
Storage Yard, Brewery
South:
C-2, C-3
Retail, Other Commercial
West (Across 26th Avenue):
R-5 Single-Family Residential,
Multifamily Residential,
Vacant Land
PLANNING HEARING OFFICER FINDINGS
1) The request for deletion of Stipulation 1 is recommended to be approved with a
modification to restrict vehicular access from the site to 26th Avenue. Due to the
way the southern property has developed, direct access to Van Buren Street is
no longer practical. However, the original stipulation was intended to minimize
traffic conflicts between this commercial property and the nearby residential
neighborhood. Therefore, I recommend modifying the original stipulation with
new language that restricts vehicular access from the site to 26th Avenue.
Vehicular access points to 26th Avenue from this development should be
prohibited per Section: 507.TAB A. (II)(A)(6)(6.3).
PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS
1.
That the only access to the site shall be from Van Buren Street.
DEDICATE A MINIMUM 1-FOOT VEHICULAR NON-ACCESS
EASEMENT FOR THE ENTIRETY OF THE WESTERN PROPERTY
Staff Report-PHO-1-25--Z-232-85-4(7)
August 7, 2025 Planning Commission
Page 4 of 4
LINE, ADJACENT TO 26TH AVENUE.
2.
That the landscaping along 26th Avenue and Polk Street shall include 24
inch box size trees at a maximum of 20 feet on center or placed in
equivalent groupings.
3.
That the applicant provide variation in the building setbacks along 26th
Avenue and Polk Street, as approved by the DCO.
4.
That sufficient right-of-way be dedicated within one year of final City
Council action to provide:
a.
A 12 foot radius at 26th Avenue and Polk Street.
Exhibits:
A- Appeal Documents (5 pages)
B- Applicant’s Narrative for PHO-1-25--Z-232-85-4(7) (3 pages)
C- Aerial Map
D- Zoning Map
E- Approval Letter for Z-232-85-4 (1 page)
F- Sketch Map for Z-232-85-4
G- Ordinance G-5837 for Z-5-13-7 (6 pages)
H- PHO Summary for PHO-1-25--Z-232-85-4(7) from May 21, 2025 (3 pages)
I- VPC Summary for PHO-1-25--Z-232-85-4(7) from May 20, 2025 (2 pages)
J- Conceptual Site Plan, date stamped March 18, 2025
K- Stipulated Site Plan for Rezoning Case No. Z-232-85-4.
EXHIBIT A
S:\Planning\Rezoning\Hearings\PHO\Appeals\2025\PHO-1-25--232-85-4(7) - David Hughes -
Applicant\Internal Cover.doc
Revised VCM 2/25/25
PLANNING HEARING OFFICER APPEAL
I HEREBY REQUEST THAT THE PLANNING COMMISSION/CITY COUNCIL HOLD
A PUBLIC HEARING ON:
CASE NUMBER:
PHO-1-25--Z-232-85-4(7)
LOCATION:
Southeast corner of 26th Avenue and Polk Street
PHO HEARING DATE:
May 21, 2025
RECEIVED:
May 28, 2025
APPEALED BY:
Opposition
Applicant
APPEALED TO:
PLANNING
COMMISSION
August 7, 2025
TENTATIVE DATE
CITY COUNCIL
September 3, 2025
TENTATIVE DATE
APPELLANT NAME AND ADDRESS/EMAIL:
PHONE:
David Hughes
1130 North Alma School Road, # 120
Mesa, AZ 85201
David.hughes@epsgroupinc.com
480-355-0616
RECEIPT NUMBER:
R-0224976
REASON FOR REQUEST:
To remove the revised language for Stipulation No. 1 about the one-foot VNAE along
26th Avenue. Delete Stipulatoin No. 1.
TAKEN BY:
Camryn Thompson, Planner II
Joshua Bednarek
Tricia Gomes
Racelle Escolar
Adam Stranieri
Byron Easton
PHO Planner Asst – Teresa Garcia
PC Planner Asst – Camryn Thompson
PHO Secretary – Ruth Somoza
PC Secretary – Vikki Cipolla-Murillo
GIS Team
Raquel Moreno – Posting
(;+,%,7%
1130 N. Alma School Road, Suite 120, Mesa, AZ 85201 | T: 480.503.2250 | F: 480.503.2258 |
April 8, 2025
Van Matre Lumber (KIVA 24-306)
319 N. 26th Avenue, Phoenix, AZ
PHO Written Request
Property Owner / Developer
JC Hurts Properties LLC /
VMAP Properties LLC
6336 E. Hillcrest Blvd
Scottsdale, AZ 85251
Tel: (480)-557-7771
Contact: Rick Jellies
Planning Consultant
EPS Group, Inc.
1130 N Alma School Road, #120
Mesa, AZ 85201
Tel: (480)-355-0616
Contact: David Hughes
Project Description
This PHO narrative provides information and background for a proposed commercial site located at 319 N. 26th
Avenue, within the City of Phoenix. The subject parcel is currently undeveloped vacant land which consists of
approximately 4.88 gross acres and is Maricopa County Assessor Parcel Numbers (APN) 109-28-061F. The
subject property is currently split into two zoning districts, the west side is zoned C-2 and the east side is zoned
C-3. The C-2 zoning district portion of the site was established per the City of Phoenix zoning case Z-232-85
which is the subject of this PHO request.
The proposed development is for the development of two commercial yards with associated administrative
buildings for a lumber business and a contractor/contracting business. The two commercial yards will be split
on the west and east halves of the property where the owners of the parcel operate both a lumber business and
a contracting business. The lumber business shall operate on the east half, C-3 district, and the contracting
business shall operate on the west half, C-2 district. The lumber and contracting businesses are generally
involved in providing wood structural formwork for structural concrete construction on mid and high-rise
construction projects in the greater Phoenix metropolitan area. The businesses will be using the yards as staging
yards for their construction projects in the Downtown Phoenix area and across the Phoenix metropolitan area.
The yards will hold general worksite equipment which the two businesses will transport to the various job sites
in the area as necessary. There will be no concrete or cement product manufacturing, mixing, or pouring
happening on the subject property. Those operations will all be occurring at the construction project sites, not
within this development.
Existing Zoning & Property History
The subject property is currently split into two zoning districts, the west side is C-2 and the east side is C-3. The
C-2 zoning district portion of the site was established per the City of Phoenix zoning cases Z-232-85 and Z-5-13-
7 which are the subjects of this PHO request. In January of 1988, the west side of the property was rezoned from
R-5 to C-2 SP for the development of a mini storage facility as per Z-232-85. The first stipulation of the Z-232-85
requires access to the site shall only be from Van Buren Street. In September of 2013, the special permit was
removed from the C-2 district per Z-5-13-7, and the original zoning stipulations were retained. In 2015, a Family
Dollar store was constructed on the southern portion of the original Z-232-85 and Z-5-13-7 site which has
blocked the subject property from having it’s own access to Van Buren. Our PHO request is to delete the first
1130 N. Alma School Road, Suite 120, Mesa, AZ 85201 | T: 480.503.2250 | F: 480.503.2258 |
stipulation regarding access from Van Buren Street as it is no longer applicable, and the subject property must
have access from the surrounding local streets, 26th Avenue, 25th Avenue, and Polk Street.
The subject property has been vacant for decades and has had a few commercial developments proposed over
the years, but none have come to fruition. This area also has a historically large transient population. This
particular property has a history of enforcement actions and heavy fines levied against the previous landowner
for creating an attractive nuisance which caused a marked increase in homeless encampments and criminal
activity.
The current landowner has cooperated with the Phoenix Police Department to remove the most recent
encampments. It has been recommended that the owner take action to minimize the opportunities for re-
occupation, especially along the northern property line which bounds a large cemetery, and the east which has
multiple property owners actively storing dozens of vehicles in the street. The approval of this PHO request
shall continue the development of this property to help alleviate the occurrences of homeless encampments
and reduce the criminal activity in the area.
Access
Primary access into the development will be provided via three proposed driveways off 26th Avenue to the
west, 25th Avenue to the east, and Polk Street to the north. The subject property no longer has frontage along
Van Buren Street. Please see the Site Plan submitted with this application for reference.
Surrounding Development:
The subject property is located along an existing commercial corridor on Van Buren Street. The site is bordered
by other commercially zoned properties, industrial properties, and residential properties. The surrounding
properties have been identified as follows:
•
North – Greenwood Memory Lawn Mortuary & Cemetery (R-5)
•
South – Family Dollar Store / Pep Boys (C-2 & C-3)
•
East – Automobile Storage Yards & Repair Shops (A-1)
•
West – Residential (R-5)
PHO Hearing Request:
The subject site is currently zoned C-2 and C-3 and is subject to stipulations of approval that were established
when the property was rezoned from R-5 to C-2 SP (Z-232-85) in January 1988 for the development of a mini
storage facility. In September 2013, the special permit was removed for the C-2 portion of the subject site (Z-5-
13-7) for the development of a Family Dollar store, and the original stipulations were retained.
The Family Dollar store was constructed on the south portion of the original Z-232-85 site which severed the
subject property’s access to Van Buren Street. Due to stipulation requiring access off Van Buren, the
development of this portion of the site has not moved forward since and the property remains undeveloped.
The property owners wish to develop this property to help alleviate the occurrences of homeless encampments
and reduce the criminal activity in the area. To allow the proposed development of the property, the following
deletion and modifications to the original rezoning stipulations are proposed:
1130 N. Alma School Road, Suite 120, Mesa, AZ 85201 | T: 480.503.2250 | F: 480.503.2258 |
Stipulations to be Modified for the Subject Site include: #1 (Z-232-85)
1. That the only access to the site shall be from Van Buren Street.
Rationale (Deletion): Stipulation is not applicable for the subject property as it no longer has street
frontage along Van Buren Street. The southern portion of the site in relation to the existing zoning
cases was developed in 2015 which severed the current property’s access to Van Buren.
2. That the landscaping along 26th Avenue and Polk Street shall include 24” box size trees at a maximum
of 20’ on center or placed in equivalent groupings.
3. That the applicant provide variation in the building setbacks along 26th Avenue and Polk Street as
approved by the DCO.
4. That sufficient right-of-way be dedicated within one year of final City Council action to provide:
a. A 12’ radius at 26th Avenue and Polk Street.
Thank you for your time and consideration, please do not hesitate to contact me with any questions.
Respectfully,
David Hughes
EPS Group, Inc.
Tel: 480-355-0616
david.hughes@epsgroupinc.com
EXHIBIT C
W VAN BUREN ST
ALLEY
ALLEY
ALLEY
W MELVIN ST
N 26TH AVE
W POLK ST
N 25TH AVE
C-3
R-5
C-2
C-2*
A-1
mapservices@phoenix.gov
Planning & Development Department
PHO-1-25--Z-232-85-4(7) Property Location: Southeast corner of 26th Avenue and Polk Street
0
160
320
80
Feet ´
EXHIBIT D
ALLEY
ALLEY
N 26TH AVE
W POLK ST
W MELVIN ST
N 25TH AVE
W VAN BUREN ST
C-3
R-5
C-2*
A-1
Planning & Development Department
PHO-1-25--Z-232-85-4(7) Property Location: Southeast corner of 26th Avenue and Polk Street
0
130
260
65
Feet ´
EXHIBIT E
Del
EXHIBIT F
EXHIBIT G
EXHIBIT H
REPORT OF PLANNING HEARING OFFICER ACTION
Byron Easton, Planner III, Hearing Officer
Teresa Garcia, Planner I, Assisting
May 21, 2025
ITEM NO: 6
DISTRICT NO. 7
SUBJECT:
Application #:
PHO-1-25--Z-232-85-4(7)
Location:
Southeast corner of 26th Avenue and Polk Street
Zoning:
C-2, C-3
Acreage:
2.99
Request:
1)
Request to delete Stipulation 1 regarding site access
from Van Buren Street.
Applicant:
David Hughes, EPS Group Inc.
Owner:
JC Hurts Properties LLC/VMAP Properties LLC
Representative:
David Hughes, EPS Group Inc.
ACTIONS:
Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended approval with a modification.
Village Planning Committee (VPC) Recommendation: The Estrella Village
Planning Committee heard this request on May 20, 2025 and recommended
approval with a vote of 4-0.
DISCUSSION:
David Hughes, representative of EPS Group Inc., gave an overview of the
current site and modification requests, including the history of encampments and
crime that have occurred on the vacant site. He stated the owner has developed
a positive relationship with the neighborhood to the west as he is trying to keep
the area clean. He stated a lumber yard was proposed for the eastern portion of
the site (zoned C-3) and a contracting office for the western portion (zoned C-2).
He stated having access off 26th Avenue promotes “eyes on the street” to protect
the surrounding neighborhood.
Byron Easton, Planning Hearing Officer, stated having access off Van Buren
Street would require driving through other properties. He stated the Street
Transportation Department supports access from 25th Avenue and Polk Street
but does not support access from 26th Avenue since it is a residential street and
agrees with the Street Transportation Department’s recommendation.
Planning Hearing Officer Summary of May 21, 2025
Application PHO-1-25--Z-232-85-4(7)
Page 2
Mr. Hughes stated access along Polk Street posed fire and safety concerns
because if the two properties split, they will always have shared access. He
stated 25th Street has traffic congestion because neighboring properties are
using it as overflow parking for vehicles.
Mr. Easton stated the traffic congestion is a concern for the Neighborhood
Services and Public Works Departments. He stated it is Mr. Hughes’ due
diligence to ensure the street is clear and the issues are corrected. He
recommended approval with a modification to Stipulation 1 regarding access
from Van Buren Street adding the Street Transportation Department’s
recommendation requiring the dedication of a minimum 1-foot vehicular non-
access easement along the entire western property line adjacent to 26th Avenue.
FINDINGS:
1) The request for deletion of Stipulation 1 is recommended to be approved
with a modification to restrict vehicular access from the site to 26th
Avenue. Due to the way the southern property has developed, direct
access to Van Buren Street is no longer practical. However, the original
stipulation was intended to minimize traffic conflicts between this
commercial property and the nearby residential neighborhood. Therefore, I
recommend modifying the original stipulation with new language that
restricts vehicular access from the site to 26th Avenue.
Vehicular access points to 26th Avenue from this development should be
prohibited per Section: 507.TAB A. (II)(A)(6)(6.3).
STIPULATIONS:
1.
That the only access to the site shall be from Van Buren Street.
DEDICATE A MINIMUM 1-FOOT VEHICULAR NON-ACCESS
EASEMENT FOR THE ENTIRETY OF THE WESTERN PROPERTY
LINE, ADJACENT TO 26TH AVENUE.
2.
That the landscaping along 26th Avenue and Polk Street shall include 24”
box size trees at a maximum of 20’ on center or placed in equivalent
groupings.
3.
That the applicant provide variation in the building setbacks along 26th
Avenue and Polk Street as approved by the DCO.
4.
That sufficient right-of-way be dedicated within one year of final City
Council action to provide:
Planning Hearing Officer Summary of May 21, 2025
Application PHO-1-25--Z-232-85-4(7)
Page 3
a.
A 12’ radius at 26th Avenue and Polk Street.
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 Saneeya Mir
at saneeya.mir@phoenix.gov or (602) 686-6461 or TTY: 7-1-1.
EXHIBIT I
City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Village Planning Committee Meeting Summary
PHO-1-25--Z-232-85-4(7)
Date of VPC Meeting
May 20, 2025
Date of Planning Hearing
Officer Hearing
May 21, 2025
Request
1) Request to delete Stipulation No. 1 regarding site
access from Van Buren Street
Location
Southeast corner of 26th Avenue and Polk Street
VPC Recommendation
Approval
VPC Vote
4-0
VPC DISCUSSION:
No members of the public registered to speak on this item.
Staff Presentation:
Nayeli Sanchez Luna, staff, displayed the location of the subject site and noted the
acreage of the proposal. Mrs. Sanchez Luna summarized the original rezoning request,
proposed lumber and concrete yard and noted the proposed modifications and deletions
presented on the Planning Hearing Officer (PHO) applications.
Applicant Presentation:
David Hughes, representing the applicant with EPS Group Inc., began the presentation
by introducing the lumber and concrete company who bought the property. Mr. Hughes
noted that the area has experienced a large amount of homelessness population and
criminal activity. Mr. Hughes explained that the property owners have been working with
several City departments and adjacent property owners to clear the site. Mr. Hughes
displayed the proposed site plan and noted that the original rezoning case had access
to Van Buren Street but that the southern portion was developed as a Family Dollar. Mr.
Hughes added that the current proposal will no longer have access to Van Buren Street.
Mr. Hughes noted that the original rezoning case had concerns regarding access onto
26th Avenue to protect residents west of the site. Mr. Hughes explained that they will
maintain access via 26th Avenue to provide eyes on the street. Mr. Hughes then turned
over the presentation to Rick Jellies.
Rick Jellies, representing the applicant with City to City Commercial, stated that the
lumber and concrete company have developed a wide range of development. Mr. Jellies
noted that the property owners have been very engaged in clearing up the property and
working with adjacent property owners to maintain a clean environment. Mr. Jellies
Estrella Village Planning Committee Meeting Summary
PHO-1-25--Z-232-85-4(7)
May 21, 2025
Page 2 of 2
City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
added that the Family Dollar located along Van Buren Street closed causing vandalism,
fires, and crime. Mr. Jellies emphasized their cooperation in the community and
willingness to have right-in and right-out entrances. Mr. Jellies reassured the committee
that they requested a left turn-only sign for 26th Avenue and a sign on Melvin Street
restricting west through traffic.
Questions From the Committee:
Renee Dominguez asked if they would be building a brick wall around the site. Mr.
Jellies confirmed and noted that the operating hours would be Monday through Friday
with surveillance and security. Mr. Jellies emphasized the strong relationship
established with the surrounding property owners to address safety concerns.
Ms. Dominguez asked for clarification on the road north of the site. Mr. Jellies noted
that Polk Street was located along the north property. Ms. Dominguez asked if lumber
would be located on site. Mr. Jellies confirmed and added that they will be completing
all right-of-way improvements. Ms. Dominguez agreed that the location has been under
a lot of distress. Mr. Jellies requested support for controlled access onto 26th Avenue.
Chair Parris Wallace stated that she had never heard of either the applicant or the
property owners. Mr. Jellies stated that the phone calls and messages occurred
between the property owners and the adjacent businesses but that notification letters
were sent out for the PHO request.
Public Comment:
None.
Committee Motion, Discussion, Vote:
Motion:
Chair Parris Wallace motioned to recommend approval of PHO-1-25--Z-232-85-4(7).
Romona Burris seconded the motion.
Vote:
4-0, motion to recommend approval of PHO-1-25--Z-232-85-4(7) passed with
Committee Members Burris, Dominguez, Thrower, and Wallace in favor.
Staff comments regarding VPC Recommendation:
None.
EXHIBIT J
EXHIBIT K
PHO-1-25--Z-232-85-4(7)
Stipulated Site Plan
Hearing Date: May 21, 2025