Attachment B - PC Staff Report - PHO-1-25--Z-14-16-8.pdf

City of Phoenix — Formal (2025-09-03)

Extracted text (via pymupdf) 48024 characters

Staff Report: PHO-1-25--Z-14-16-8
APPLICATION #:
PHO-1-25--Z-14-16-8
LOCATION:
Northeast corner of 59th Avenue and Baseline Road
EXISTING ZONING:
C-1
ACREAGE:
3.94
REQUEST:
Request to modify Stipulation 1 regarding general
conformance with the site plan and elevations date stamped
June 21, 2016.
APPLICANT:
Erik Baker, Chick-fil-A
OWNER:
Walter Brown Jr., 59th & Baseline Holdings LLC
REPRESENTATIVE:
David Openshaw, 4G Development & Consulting, Inc.
STAFF RECOMMENDATION
Approval with a modification and additional stipulations, per the Planning Hearing
Officer.
PLANNING HEARING OFFICER RECOMMENDATION
On May 21, 2025, the Planning Hearing Officer recommended approval with a
modification and additional stipulations.
VILLAGE PLANNING COMMITTEE RECOMMENDATION
The Laveen Village Planning Committee (VPC) heard this request on May 12, 2025 and
recommended approval, by a vote of 10-3.
ATTACHMENT B

Staff Report-PHO-1-25--Z-14-16-8
August 7, 2025 Planning Commission
Page 2 of 9

BACKGROUND/ANALYSIS

The subject site consists of 3.94 gross acres located at the northeast corner of 59th
Avenue and Baseline Road and is zoned C-1 (Neighborhood Retail). The site is a part
of a larger area that was rezoned to C-1 as part of Rezoning Case No. Z-14-16-8. The
applicant requested a modification to Stipulation 1 regarding general conformance with
the site plan and elevations date stamped June 21, 2016.

The applicant presented a conceptual site plan (Exhibit H) and conceptual elevations
(Exhibit I) at the May 21, 2025 Planning Hearing Officer (PHO) hearing to support their
request to modify Stipulation 1.

The appellant argues that Stipulation 13 of Rezoning Case No. Z-14-16-8, regarding the
Laveen VPC’s review of a landscape plan, lighting plan and sign package, was not met
as the applicant did not present any of these plans at the VPC meeting (Exhibit A).

PREVIOUS HISTORY

On October 5, 2016, the Phoenix City Council approved Rezoning Case No. Z-14-16-8,
a request to rezone approximately 12.52 acres located at the northeast corner of the
59th Avenue alignment and Baseline Road from GC (Golf Course) to C-1
(Neighborhood Retail) (Exhibit E). The proposed development was intended for
commercial development including a bank, retail, restaurant and church.

The original site was formally a driving range for the Southern Ridge Golf Club. The
proposed site plan depicted a two-phase development, containing a 20,000 square foot
church on the eastern portion, retail on the western portion, and a school and
administrative offices on the northern portion. Access would be provided via three
driveways on Baseline Road and one along 59th Avenue. The proposed development
contained generous landscape setbacks, decorative paving and delineated pedestrian
crossings. Stipulations requiring general conformance to the site plan, enhanced
pedestrian walkways, and decorative paving were included in the original case to
ensure a quality development (Exhibit K).

The original elevations included a variety of colors, textures, and materials that provided
a consistent design theme for the site. They also included varied natural materials,
decorative fencing, and rooflines. A stipulation requiring general conformance to the
elevations was in the original case to provide consistency and integrate elements of the
area’s character (Exhibit L).

NEIGHBORHOOD CONCERNS

Public Correspondence
One letter of correspondence was received, indicating that the Laveen VPC requested a
minimum 25 percent of uncovered employee and customer service parking lots be

Staff Report-PHO-1-25--Z-14-16-8
August 7, 2025 Planning Commission
Page 3 of 9

shaded by structures and/or minimum 2-inch caliper trees. The letter also states the
applicant cannot meet that request (Exhibit M).

GENERAL PLAN LAND USE MAP DESIGNATION

Parks/Open Space-Private

CHARACTER OF SURROUNDING LAND USE

Zoning

Land Use

On-site:

C-1

Vacant land

North:

C-1, PUD

Vacant land, Golf Course,

Single-Family Residential

East:

C-1

Vacant land

South (Across Baseline Road): S-1 (Approved C-2) Retail, Restaurant, Auto

Service Station, Office

West (Across 59th Avenue):
PUD Retail, Restaurant, Gym

PLANNING HEARING OFFICER FINDINGS

The stipulated site plan depicted a commercial project comprising an
approximately 4,000 square foot drive-through bank, an approximately 2,000
square foot drive-through restaurant, and an approximately 12,500 square foot
retail and restaurant building. This project did not develop, and the property
remains vacant.

The proposed conceptual site plan depicts a 4,852 square foot free standing
restaurant with a double wide drive-thru, 2 drive-thru canopies, and a trash
enclosure separated from the building.

The stipulated conceptual elevations depict the commercial buildings with a
maximum height of 30 feet for the tallest building. Architectural features and
detailing include color CMU blocks with a brick look, rusted steel trellis, raw

Staff Report-PHO-1-25--Z-14-16-8
August 7, 2025 Planning Commission
Page 4 of 9

formed concrete and stucco. The buildings also feature undulating roof lines and
with rusted steel panels and walls.

The conceptual elevations depict two story units with a maximum height of 27
feet, 10 inches (top of roof). Architectural features and detailing include brick
veneers, metal awnings, mansard tile roofs, shade canopies, patios, pop outs,
and varied rooflines. The proposal is compatible with the land use pattern in the
surrounding area.

It should be noted; the site plan does not detail conformance with the zoning
stipulations from the case. For example, the ROW dedication shown is 33 feet
instead of the 55 feet that is stipulated. In addition, the applicant will be required
to adhere to Stipulation 2 regarding landscape setbacks and will be required to
be shown on the landscape plan.

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.

PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS

1.
The development shall be in general conformance with the site plan and
elevations date stamped MARCH 5, 2025 June 21, 2016, except as
modified by the following stipulations and as approved by the Planning
and Development Department.

2.
A minimum 50-foot landscape setback shall be provided along the
southern property line for the eastern 700 feet of the property and a
minimum 35-foot landscape setback shall be provided along the southern
property line for the western 287 feet of the property, as approved by the
Planning and Development Department. The setback area shall be
developed as shown in the Baseline Road Scenic Drive cross section.

3.
The developer shall construct a 10-foot multi-use trail within a 30-foot
multi-use trail easement that shall be dedicated along the north side of
Baseline Road for the length of the project, as approved by the Planning
and Development Department.

4.
The development shall provide pedestrian pathways between buildings or
pads. The pedestrian pathways shall be shaded either by trees or shade
structures, as approved by the Planning and Development Department.

5.
Entrances to the site and pedestrian path crossings shall be constructed
with decorative pavers, stamped or colored concrete, or another material

Staff Report-PHO-1-25--Z-14-16-8
August 7, 2025 Planning Commission
Page 5 of 9

other than those used to pave the parking surfaces and drive aisles, as
approved by the Planning and Development Department.

6.
Drive-through queuing lanes shall be screened from view of arterial
streets through the incorporation of a landscaped berm, screen wall or
combination of a wall and berm at least four feet in height, as approved by
the Planning and Development Department.

7.
The development shall utilize view fencing or no fencing along the
northern and eastern property lines, as approved by the Planning and
Development Department.

8.
Right-of-way totaling 55 feet shall be dedicated for the east half of 59th
Avenue, as approved by the Planning and Development Department.

9.
A 25-foot by 25-foot right-of-way triangle shall be dedicated at the
northeast corner of 59th Avenue and Baseline Road, as approved by the
Planning and Development Department.

10.
The property owner shall construct all streets adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping
and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

11.
The developer shall submit paving plans for all arterial streets within and
adjacent to the development to the Street Transportation Department for
review.

12.
The developer shall complete and submit the Developer Project
Information Form for the MAG Transportation Improvement Program to
Mr. Alan Hilty, (602) 262-6193, with the Street Transportation Department.
This form is required by the EPA for air quality standards.

13.
The developer shall present the following plans to the Laveen Village
Planning Committee prior to preliminary site plan approval through the
Planning and Development Department.

a.
Detailed building elevations

b.
Detailed landscape plans

c.
Detailed lighting plans

d.
Detailed sign package

Staff Report-PHO-1-25--Z-14-16-8
August 7, 2025 Planning Commission
Page 6 of 9

14.
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.

15.
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.

16.
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.

17.
14.
The developer shall notify the following individuals by mail 15 days prior to
any of the following future public meetings regarding the subject site: (1)
Planning Hearing Officer hearing, (2) preliminary site plan review meeting.
The notice shall include the date, time and location of the
meeting/hearing.

a.
All property owners within a 1 ,000 feet radius of the subject site

b.
TOM METZGER, 5626 W. CARSON ROAD, LAVEEN, AZ 85339

c.
JOHN & SELMA POE, 4335 W. BURGESS LANE, LAVEEN, AZ
85339

d.
DON LAY, 7014 S. 57TH AVENUE, LAVEEN, AZ 85339

e.
DARIN REEZER, 7201 S. 58TH AVENUE LAVEEN, AZ 85339

f.
DAVID PAWLOWSKI, 7031 S. 58TH AVENUE, LAVEEN, AZ 85339

g.
PHIL BISCHOFF, 4701 W. VALENCIA DRIVE, LAVEEN, AZ 85339

h.
JONATHAN FAVORITE, 8010 S. 54TH LANE, LAVEEN, AZ 85339

Staff Report-PHO-1-25--Z-14-16-8
August 7, 2025 Planning Commission
Page 7 of 9

i.
PATRICK & CRYSTAL MARVIN, 4823 W. GWEN STREET,
LAVEEN, AZ 85339

j.
MICHELLE RUTKOWSKI, 7650 E. WILLIAMS DRIVE,
SCOTTSDALE, AZ 85255

k.
JULIE GUNN, 1809 W. MOODY TRAIL, PHOENIX, AZ 85041

l.
JEFF GUNN, 1809 W. MOODY TRAIL, PHOENIX, AZ 85041

m.
MARTYN WHITE, 10032 N. 38TH STREET, PHOENIX, AZ 85028

n.
VERONICA MONTENIERI, 4314 W. MONTE WAY, LAVEEN, AZ
85339

o.
P. MONTENIERI, 4314 W. MONTE WAY, LAVEEN, AZ 85339

p.
JENNIFER ROUSE, 4821 W. ELLIS STREET, LAVEEN, AZ 85339

q.
KARLA ZIDOW, 5204 W. DESERT DRIVE, LAVEEN, AZ 85339

r.
DIANA KUDES, 5210 W. PEDRO LANE, LAVEEN, AZ 85339

s.
GARY KUDES, 5210 W. PEDRO LANE, LAVEEN, AZ 85339

t.
DESIREE HOOGERHUIS, 3217 W. MELODY DRIVE, LAVEEN, AZ
85339

u.
JASON PALTZER, 6622 S. 50TH AVENUE, LAVEEN, AZ 85339

v.
JEFF & KAREN KEELOR, 7236 S. 57TH AVENUE, LAVEEN, AZ
85339

w.
DAPHNE HERRING, 5506 W. GLASS LANE, LAVEEN, AZ 85339

x.
DONNA SNOW, 6806 W. DESERT LANE, LAVEEN, AZ 85339

y.
JODA SCHAUMBERG, 7205 S. 58TH AVENUE, LAVEEN, AZ
85339

z.
FELICIA CORBETT, 4811 W. GWEN STREET, LAVEEN, AZ
85339

Staff Report-PHO-1-25--Z-14-16-8
August 7, 2025 Planning Commission
Page 8 of 9

aa.
BEN GRAFF, WITHEY MORRIS PLC, 2525 E. ARIZONA
BILTMORE CIRCLE, PHOENIX, AZ 85016

bb.
RICHARD FLOR, 2022 W. ASTER DRIVE, PHOENIX, AZ 85029

cc.
SANDRA GUERRERO, 3247 W. BASELINE ROAD, LAVEEN, AZ
85339

dd.
RALPH PADILLA, 5813 W. ARDMORE ROAD, LAVEEN, AZ 85339

ee.
LORI GONZALES, 5740 W. HIDALGO AVENUE, LAVEEN, AZ
85339

ff.
GARY JORGENSEN, 5527 W. CARSON ROAD, LAVEEN, AZ
85339

gg.
WENDY ENSMINGER, 6806 S. 55TH LANE, LAVEEN, AZ 85339

hh.
KURT GRONLUND, 6834 S. 58TH AVENUE, LAVEEN, AZ 85339

ii.
BRIAN SMITH, 56222 W. CARSON ROAD, LAVEEN, AZ 85339

jj.
MATT CHRISTOPHER, 7019 S. 55TH LANE, LAVEEN, AZ 85339

kk.
DON MEDLING, 5529 W. DARREL ROAD, LAVEEN, AZ 85339

ll.
AL MARTINEZ, 7011 S. 58TH AVENUE, LAVEEN, AZ 85339

mm. PHIL HERTEL, 2845 W. BROADWAY ROAD, PHOENIX, AZ 85041

nn.
JON KIMOTO, 3216 W. ANSEL ROAD LAVEEN, AZ 85339

oo.
JOHN MOCKUS, 4807 W. SAMANTHA WAY, PHOENIX, AZ 85339

18.
15.
All cellular communication facilities shall be building mounted or internal to
the cross.

19.
16.
The developer shall provide minimum 3-inch caliper trees, placed 20-feet
on center or in equivalent groupings, within the eastern 560 feet of the
northern landscape setback, as approved by the Planning and
Development Department.

20.
17.
Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims in a form approved by the City Attorney's

Staff Report-PHO-1-25--Z-14-16-8
August 7, 2025 Planning Commission
Page 9 of 9

Office. 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.

21.
18.
The Development shall not include any underground fuel storage tanks,
as approved by the Planning and Development Department.

Exhibits:
A- Appeal Documents (6 pages)
B- Applicant’s Narrative for PHO-1-25--Z-14-16-8 (2 pages)
C- Aerial Map
D- Zoning Map
E- Approval Letter and Ordinance G-6223 for Z-14-16-8 (10 pages)
F- PHO Summary for PHO-1-25--Z-14-16-8 from May 21, 2025 (8 pages)
G- VPC Summary for PHO-1-25--Z-14-16-8 from May 12, 2025 (4 pages)
H- Conceptual Site Plan, date stamped March 5, 2025
I- Conceptual Elevations, date stamped March 5, 2025
J- Conceptual Landscape Plan, date stamped March 20, 2025 (8 pages)
K- Stipulated Site Plan for Z-14-16-8, date stamped June 21, 2016 (2 pages)
L- Stipulated Elevations for Z-14-16-8, date stamped June 21, 2016 (2 pages)
M- Correspondence letter for PHO-1-25--Z-14-16-8 (1 page)

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S:\Planning\Rezoning\Hearings\PHO\Appeals\2025\PHO-1-25--Z-14-16-8 - Jon Kimoto LCRD - Opposition\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-14-16-8
LOCATION:
Northeast corner of 59th Avenue and Baseline Road
PHO HEARING DATE:
May 21, 2025
RECEIVED:
May 23, 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:
Jon S. Kimoto on behalf of Laveen Citizens for
Responsible Development (LRCD)
3216 West Ansell Road
Laveen, AZ 85339
thelcrd@gmail.com
602-237-3138
RECEIPT NUMBER:
N/A
REASON FOR REQUEST:
Review and comment of Stipulation 13 of the rezoning case # Z-14-16-8 regarding
review and comment of building elevations, landscape plan, lighting plans, and sign
package, were not presented to the Laveen Village Planning Committee. A use permit
may be required for drive-thru lanes on the corner.
(See additional memo from Jon Kimoto and Phil Hertel to the Planning Hearing
Officer, on May 14, 2025.)
TAKEN BY:
Dom Amodio
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

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Development & ConsulƟng, Inc
March 28, 2025
Project Name: Chick-ﬁl-A #06059 Baseline Rd & 59th Ave
Project Address: NEC of Baseline Rd & 59th Ave., Phoenix, AZ 85339
Planning Hearing Oﬃce WriƩen Request:
PHO Contacts: Byron Easton byron.easton@phoenix.gov | Teresa Garcia Teresa.garcia@phoenix.gov
Summary:
Chick-ﬁl-A (Applicant) proposes to lease approximately 2.378 Acres of undeveloped land located at the
North East corner of Baseline Rd and 59th Ave to construct a 4,852 sf free standing restaurant with a
double wide drive-thru, 2 drive-thru canopies, and a trash enclosure separated from the building. There
will be interior dining with 74 seats provided as well as outdoor dining with 16 seats. The site will have
ample parking for both customers and employees with 73 parking stalls provided.
Background & AddiƟonal InformaƟon:
On 10/12/2016, an ordinance (G-6223) (Zoning Case Z-14-16-8) was approved, which amended the
zoning district map adopted pursuant to secƟon 601 of the city of Phoenix ordinance, changing the
zoning district classiﬁcaƟon for this parcel from G-C (Golf Course) to C-1 (Neighborhood Retail) and
approved site plan and elevaƟons dated 06/16/2016. The approved site plan contemplated 3 buildings
on the parcel: an approximately 400 sf bank building with drive-thru service, and two (2) retail store
buildings, 7650 sf and 6650 sf respecƟvely.
The present development proposal would modify the previously approved site plan by replacing the
bank and retail buildings with a single free-standing restaurant with a drive-through. Also, the proposed
restaurant building would incorporate Chick-ﬁl-A’s corporate branding elements with the previously
approved building designs.
See aƩached proposed site plan and building elevaƟons, dated February 17, 2025 and November 13,
2024, respecƟvely.
DiscreƟonary approvals anƟcipated for this proposal will include a Re-plat to create a separate parcel for
the Chick-ﬁl-A tenant.
Original SƟpulaƟon 1:
(ZONING CASE Z-14-16) SƟpulaƟon 1: The development shall be in general
conformance with the site plan and elevaƟons date stamped June 21, 2016,
except as modiﬁed by the following sƟpulaƟons and as approved by P&D
Dept.

Development & ConsulƟng, Inc
Request:
We are requesƟng a modiﬁcaƟon to SƟpulaƟon 1 of Ordinance G-6223, Zoning Case Z-14-16, as follows:
The development shall be in general conformance with the site plan date stamped February 17, 2025
and elevaƟons date stamped November 13, 2024 June 21, 2016, except as modiﬁed by the following
sƟpulaƟons and as approved by P&D Dept.

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W BASELINE RD
S 59TH AVE
S 59TH AVE
S 59TH AVE
PUD*
GC
S-1
PUD*
C-2 SP*
C-1*
mapservices@phoenix.gov
Planning & Development Department
PHO-1-25--Z-14-16-8
Property Location: Northeast corner of 59th Avenue and Baseline Road
0
130
260
65
Feet ´

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W BASELINE RD
S 59TH AVE
S 59TH AVE
PUD*
PUD*
GC
S-1
PUD*
C-1*
Planning & Development Department
PHO-1-25--Z-14-16-8
Property Location: Northeast corner of 59th Avenue and Baseline Road
0
110
220
55
Feet ´

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Mod

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REPORT OF PLANNING HEARING OFFICER ACTION
Byron Easton, Planner III, Hearing Officer
Teresa Garcia, Planner I, Assisting

May 21, 2025

ITEM NO: 9

DISTRICT NO. 8
SUBJECT:

Application #:
PHO-1-25--Z-14-16-8
Location:
Northeast corner of 59th Avenue and Baseline Road
Zoning:
C-1
Acreage:
3.94
Request:
1)
Request to modify Stipulation 1 regarding general
conformance with the site plan and elevations date
stamped June 21, 2016.
Applicant:
Erik Baker, Chick-fil-A
Owner:

Walter Brown Jr., 59th & Baseline Holdings LLC
Representative:
David Openshaw, 4G Development & Consulting, Inc.

ACTIONS:

Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended approval with a modification and additional stipulations.

Village Planning Committee (VPC) Recommendation: The Laveen Village
Planning Committee heard the request on May 12, 2025 and recommended
approval with a vote of 10-3.

DISCUSSION:

David Openshaw, representative of 4G Development, gave an overview of the
site and modification request. He stated the site will be 4,852’ square feet in size
and provide 73 parking spaces. He stated the main concern for members of the
community was the overflow of traffic from the queuing lanes. He stated the
queuing lanes will provide 41 car stacks to prevent overflow into the parking lot.
He stated the conceptual elevations consisted of a modern style architecture with
dark colors, natural wood, and concrete siding.

Byron Easton, Planning Hearing Officer, asked Mr. Openshaw if the site was in
its own parcel and not part of the larger C-1 parcel. Mr. Openshaw confirmed it
was.

Mr. Openshaw stated the Laveen Village Planning Committee (VPC) had
concerns about the landscaping and asked for a 25% landscape requirement. He

Planning Hearing Officer Summary of May 21, 2025
Application PHO-1-25--Z-14-16-8
Page 2

stated they provided a little over 10%, which is required by the city. He stated if
they added more landscaping, they would lose parking and may not meet their
parking requirement.

Mr. Easton asked Mr. Openshaw if he was aware of the 50-foot landscape
setback along the southern property line. Mr. Openshaw confirmed he was. Mr.
Easton stated he did not see any dimensions on the conceptual site plan and the
need to be indicated.

Ed Hale, representative of 4G Development, stated they are not changing what
was originally approved. He stated they are requesting an 87-foot building
setback and a 35-foot landscape setback. Mr. Easton noted the site plan only
showed a 33-foot right-of-way dedication for the eastern portion of 59th Avenue
and a 55-foot transmission line. Mr. Hale stated the revised site plan shows the
required 55-foot dedication per the original stipulation. He stated they are only
requesting modifications for the internal configuration, land use, and building
design, not to deviate from street improvements and dedications.

Stephanie Hurd, member of the public, stated she was in support of the project
but asked if Mr. Openshaw would come back to the Laveen VPC in June to
assure they are complying prior to site plan approval. She stated the VPC wants
more landscaping to provide more shade for the development.

FINDINGS:

1) The request to modify Stipulation 1 regarding general conformance to a
site plan and elevations is recommended for approval with a modification
to provide more standard conformance language. The stipulated site plan
depicted a commercial project comprising an approximately 4,000 square
foot drive-through bank The request to modify Stipulation 1 regarding
general conformance to a site plan and elevations is recommended for
approval with a modification to provide more standard conformance
language. The stipulated site plan depicted a commercial project
comprising an approximately 4,000 square foot drive-through bank, an
approximately 2,000 square foot drive-through restaurant, and an
approximately 12,500 square foot retail and restaurant building. This
project did not develop, and the property remains vacant.

The proposed conceptual site plan depicts a 4,852 square foot free
standing restaurant with a double wide drive-thru, 2 drive-thru canopies,
and a trash enclosure separated from the building

The stipulated conceptual elevations depict the commercial buildings with
a maximum height of 30 feet for the tallest building. Architectural features
and detailing include color CMU blocks with a brick look, rusted steel trellis

Planning Hearing Officer Summary of May 21, 2025
Application PHO-1-25--Z-14-16-8
Page 3

raw formed concrete and stucco. The buildings also feature undulating
roof lines and with rusted steel panels and walls.

The conceptual elevations depict two story units with a maximum height of
27 feet, 10 inches (top of roof). Architectural features and detailing
include brick veneers, metal awnings, mansard tile roofs, shade canopies,
patios, pop outs, and varied rooflines. The proposal is compatible with the
land use pattern in the surrounding area.

It should be noted; the site plan does not detail conformance with the
zoning stipulations from the case. For example, the ROW dedication
shown is 33-feet instead of the 55 feet that is stipulated. In addition, the
applicant will be required to adhere to Stipulation 2 regarding landscape
setbacks and will be required to show on the landscape plan.

1) 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:

3.
The developer shall construct a 1 0-foot multi-use trail within a 30-foot
multi-use trail easement that shall be dedicated along the north side of
Baseline Road for the length of the project, as approved by the Planning
and Development Department.

5.
Entrances to the site and pedestrian path crossings shall be constructed
with decorative pavers, stamped or colored concrete, or another material
other than those used to pave the parking surfaces and drive aisles, as

Planning Hearing Officer Summary of May 21, 2025
Application PHO-1-25--Z-14-16-8
Page 4

approved by the Planning and Development Department.

6.
Drive-through queuing lanes shall be screened from view of arterial streets
through the incorporation of a landscaped berm, screen wall or
combination of a wall and berm at least four feet in height, as approved by
the Planning and Development Department.

7.
The development shall utilize view fencing or no fencing along the
northern and eastern property lines, as approved by the Planning and
Development Department.

8.
Right-of-way totaling 55 feet shall be dedicated for the east half of 59th
Avenue, as approved by the Planning and Development Department.

9.
A 25-foot by 25-foot right-of-way triangle shall be dedicated at the
northeast corner of 59th Avenue and Baseline Road, as approved by the
Planning and Development Department.

10.
The property owner shall construct all streets adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping
and other incidentals as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

11.
The developer shall submit paving plans for all arterial streets within and
adjacent to the development to the Street Transportation Department for
review.

13.
The developer shall present the following plans to the Laveen Village
Planning Committee prior to preliminary site plan approval through the
Planning and Development Department.

a.
Detailed building elevations

b.
Detailed landscape plans

c.
Detailed lighting plans

d.
Detailed sign package

Planning Hearing Officer Summary of May 21, 2025
Application PHO-1-25--Z-14-16-8
Page 5

15.
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.

a.
All property owners within a 1 ,000 feet radius of the subject site

b.
TOM METZGER 5626 W. CARSON ROAD LAVEEN, AZ 85339

c.
JOHN & SELMA POE 4335 W. BURGESS LANE LAVEEN, AZ
85339

d.
DON LAY 7014 S. 57TH AVENUE LAVEEN, AZ 85339

e.
DARIN REEZER 7201 S. 58TH AVENUE LAVEEN, AZ 85339

f.
DAVID PAWLOWSKI 7031 S. 58TH AVENUE LAVEEN, AZ 85339

g.
PHIL BISCHOFF 4701 W. VALENCIA DRIVE LAVEEN, AZ 85339

h.
JONATHAN FAVORITE 8010 S. 54TH LANE LAVEEN, AZ 85339

i.
PATRICK & CRYSTAL MARVIN 4823 W. GWEN STREET
LAVEEN, AZ 85339

Planning Hearing Officer Summary of May 21, 2025
Application PHO-1-25--Z-14-16-8
Page 6

j.
MICHELLE RUTKOWSKI 7650 E. WILLIAMS DRIVE
SCOTTSDALE, AZ 85255

k.
JULIE GUNN 1809 W. MOODY TRAIL PHOENIX, AZ 85041

l.
JEFF GUNN 1809 W. MOODY TRAIL PHOENIX, AZ 85041

m.
MARTYN WHITE 10032 N. 38TH STREET PHOENIX, AZ 85028

n.
VERONICA MONTENIERI 4314 W. MONTE WAY LAVEEN, AZ
85339

o.
P. MONTENIERI 4314 W. MONTE WAY LAVEEN, AZ 85339

p.
JENNIFER ROUSE 4821 W. ELLIS STREET LAVEEN, AZ 85339

q.
KARLAZIDOW 5204 W. DESERT DRIVE LAVEEN, AZ 85339

r.
DIANA KUDES 5210 W. PEDRO LANE LAVEEN, AZ 85339

s.
GARY KUDES 5210 W. PEDRO LANE LAVEEN, AZ 85339

t.
DESIREE HOOGERHUIS 3217 W. MELODY DRIVE LAVEEN, AZ
85339

u.
JASON PALTZER 6622 S. 50TH AVENUE LAVEEN, AZ 85339

v.
JEFF & KAREN KEELOR 7236 S. 57TH AVENUE LAVEEN, AZ
85339

w.
DAPHNE HERRING 5506 W. GLASS LANE LAVEEN, AZ 85339

x.
DONNA SNOW 6806 W. DESERT LANE LAVEEN, AZ 85339

y.
JODA SCHAUMBERG 7205 S. 58TH AVENUE LAVEEN, AZ 85339

z.
FELICIA CORBETT 4811 W. GWEN STREET LAVEEN, AZ 85339

aa.
BEN GRAFF WITHEY MORRIS PLC 2525 E. ARIZONA
BILTMORE CIRCLE PHOENIX, AZ 85016

bb.
RICHARD FLOR 2022 W. ASTER DRIVE PHOENIX, AZ 85029

Planning Hearing Officer Summary of May 21, 2025
Application PHO-1-25--Z-14-16-8
Page 7

cc.
SANDRA GUERRERO 3247 W. BASELINE ROAD LAVEEN, AZ
85339

dd.
RALPH PADILLA 5813 W. ARDMORE ROAD LAVEEN, AZ 85339

ee.
LORI GONZALES 5740 W. HIDALGO AVENUE LAVEEN, AZ
85339

ff.
GARY JORGENSEN 5527 W. CARSON ROAD LAVEEN, AZ 85339

gg.
WENDY'ENSMINGER 6806 S. 55TH LANE LAVEEN, AZ 85339

hh.
KURT GRONLUND 6834 S. 58TH AVENUE LAVEEN, AZ 85339

ii.
BRIAN SMITH 56222 W. CARSON ROAD LAVEEN, AZ 85339

jj.
MATT CHRISTOPHER 7019 S. 55TH LANE LAVEEN, AZ 85339

kk.
DON MEDLING 5529 W. DARREL ROAD LAVEEN, AZ 85339

ll.
AL MARTINEZ 7011 S. 58TH AVENUE LAVEEN, AZ 85339

mm. PHIL HERTEL 2845 W. BROADWAY ROAD PHOENIX, AZ 85041

nn.
JON KIMOTO 3216 W. ANSEL ROAD LAVEEN, AZ 85339

oo.
JOHN MOCKUS 4807W. SAMANTHA WAY PHOENIX, AZ 85339

18.
15.
All cellular communication facilities shall be building mounted or internal to
the cross.

20.
17.
Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims in a form approved by the City Attorney's
Office. 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.

21.
18.
The Development shall not include any underground fuel storage tanks, as
approved by the Planning and Development Department.

Planning Hearing Officer Summary of May 21, 2025
Application PHO-1-25--Z-14-16-8
Page 8

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.

(;+,%,7*

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-14-16-8
Date of VPC Meeting
May 12, 2025
Date of Planning Hearing
Officer Hearing
May 21, 2025
Request
1) Request to modify Stipulation No. 1 regarding
general conformance to the site plan and elevations
date stamped June 21, 2016
Location
Northwest corner of 59th Avenue and Baseline Road
VPC Recommendation
Approval
VPC Vote
10-3
VPC DISCUSSION:
Agenda Item No. 7 (PHO-1-25--Z-14-16-8) and Agenda Item No. 8 (Review and
Comment) were heard together.
Two members of the public registered to speak on these items.
Staff Presentation:
Nayeli Sanchez Luna, staff, displayed the location of the subject site and noted the
acreage of the proposal. Ms. Sanchez Luna summarized the original rezoning request
and noted the proposed restaurant. Ms. Sanchez Luna stated that the original rezoning
case had a stipulation that would require the review and comment of the elevations, site
plan, lighting plan, and landscape plan. Ms. Sanchez Luna concluded the presentation
by summarizing the proposed modification proposed in the Planning Hearing Officer
(PHO) application.
Applicant Presentation:
David Openshaw, representing the application with 4G Development and Consulting
began the presentation by displaying the original site plan approved in 2016. Mr.
Openshaw noted that the proposed Chick-fil-A restaurant will be replacing the 2016
proposed bank and two retail pads. Mr. Openshaw noted the maximum height of one
story and the double wide queuing lanes that wrap around the entire building instead of
spilling onto the street. Mr. Openshaw concluded the presentation by displaying the
2016 proposed elevations and noted that they have updated the Chick-fil-A elevations

Laveen Village Planning Committee Meeting Summary
PHO-1-25--Z-14-16-8
May 12, 2025
Page 2 of 4

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
to follow the same architectural style.

Questions From the Committee:

Jennifer Rouse voiced her concerns regarding lighting. Ms. Rouse stated that she
appreciated the double-wide drive through because of the number of restaurants in the
area including Panera and In-n-Out. Ms. Rouse asked if the parking lot would be
adequately lit to prevent loitering. Erik Baker, with the applicant’s team, stated that
standard operations would occur between 6:30 am to 10:00 pm but that the parking lot
will remain lit. Mr. Baker added that even if the building lights are turned off, the
restaurant logo will remain turned on. Ms. Rouse noted that the intersection of 51st
Avenue and Baseline Road has had a loitering problem and that she would like this
project to have the best start possible.

Mixen Rubio-Raffin asked what proposed restaurant features would activate the
pedestrian realm. Mr. Openshaw noted that pedestrian walkways will be treated to
visually contrast the drive aisles. Mr. Baker added that a patio and tables will be
provided on the west side of the site. Ally Fedor, with the applicant’s team, stated that
four bicycle parking spaces would be located on the east side of the building. Ms. Fedor
noted that there would be pedestrian connections to the multi-use trail along Baseline
Road and that the applicant would construct the trail. Ms. Rubio-Raffin noted that the
west of the building would not be the best location for tables due to sun exposure.

Michael Doromol asked if the multi-use trail would be located along Baseline Road.
Mr. Openshaw confirmed. Mr. Doromol noted that there could be a possible conflict
when vehicles turn left into the queuing lane. Ms. Fedor stated that they usually add a
sign that states no left turns into the queuing lane to prevent possible car crashes. Ms.
Fedor added that the queuing lane was designed to add additional flexibility with two
aisles and space to add more if needed. Mr. Doromol stated that the proposed
restaurant to the east could be as busy as the Chick-fil-A. Ms. Fedor noted that that
restaurant pad will not be allowed to have a drive-through and that they would be
proposing a Hawaiian Bros.

Linda Abegg applauded the drive-through design and appreciated that it did not go into
the street. Ms. Abegg stated that she really liked the proposed patios and that the
elevations were well designed. Mr. Baker noted that they were also considering patio
covers to add additional shade.

Ms. Rouse and Ms. Abegg suggested that the restaurant sell cowbells, a Laveen
favorite.

Carlos Ortega asked for more information on the timeline for completion. Mr.
Openshaw stated that they expected it to be done within a year. Mr. Ortega suggested
participating in the Laveen BBQ. Chair Stephanie Hurd stated that she would reach
out.

Laveen Village Planning Committee Meeting Summary
PHO-1-25--Z-14-16-8
May 12, 2025
Page 3 of 4

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Kristi McCann noted that she evaluated the tax records and that the proposed church
did not go through with the agreement; as a result, the church was never built. Ms.
McCann asked if Chick-fil-A would own the property or would they lease it. Ms. McCann
asked if there was a possibility that this would also not follow through. Scott Hintze, the
property owner, stated that the church was still being proposed but that they are
currently still through some negotiation. Mr. Hintze noted they are working with both the
church and Chick-fil-A at the same time. Mr. Hintze pointed out that the church will be
offering mass on Sundays but that the restaurant would be closed on Sundays. Ms.
McCann stated that the church had not performed in nine years and asked if they would
still be contracted to provide an enhanced entrance. Mr. Hintze confirmed.

Rebecca Perrera noted that everyone agreed about the importance of an enhanced
entrance. Ms. Perrera stated that she would also like to see play areas in addition to
patios. Mr. Baker stated that the restaurants had moved away from play areas during
Covid-19, but that they were willing to reconsider it for this location. Ms. Perrera added
that children and parents could benefit from the play areas. Ms. Abegg agreed. Ms.
Abegg stated that she could envision a family riding their bikes along the Laveen Area
Conveyance Channel (LACC) and stopping by Chick-fil-A and utilizing the play area.

Andre Serrette asked for clarification on the blank portion of the site plan. Mr. Baker
noted that that would be open retention but if additional parking was ever necessary,
then they could convert that into additional parking spaces.

Patrick Nasser-Taylor stated that there were a lot of fast-food restaurants in Laveen.
Mr. Nasser-Taylor noted that the restaurants were clean and offered training programs
but had a question regarding parking designated for vehicles to wait for their order. Mr.
Baker stated that the double drive-throughs would wrap around the building to prevent
the need for parking areas to pick up orders. Mr. Nasser-Taylor noted that the child
play area on the west side would be very hot during the summer. Mr. Nasser-Taylor
stated that Laveen stood for diversity and equality, and that the owner of the Chick-fil-A
company has said bigotry comments. Mr. Nasser-Taylor added that unfortunately the
establishment was still tied to the comments made by the owner. Mr. Nasser-Taylor
noted that bigotry comments and values are not fit in the Laveen Village.

Ms. McCann asked for more information regarding landscaping and added that
Stipulation No. 16 required a minimum of three-inch caliper trees in landscape areas.
Mr. Openshaw stated that the landscaping plan would follow the code. Mr. Hintze
added that the PHO request would just modify stipulation No. 1. Mr. Hintze confirmed
that all other stipulations would be met, including the requirement of three-inch caliper
trees.

Vice Chair JoAnne Jensen asked if they would be leasing the property. Mr. Baker
confirmed. Vice Chair Jensen stated that she had concerns that Stipulation No. 13 was
not met, because she had not received the documents in the packet nor before the
meeting. Mr. Openshaw noted that the plans required in Stipulation No. 13 were
provided via email. Vice Chair Jensen stated that numerous members didn’t seem to

Laveen Village Planning Committee Meeting Summary
PHO-1-25--Z-14-16-8
May 12, 2025
Page 4 of 4

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
receive the documents. Ms. Sanchez Luna stated that the documents were sent on
April 23rd and that they were sent to both the Laveen Citizens for Responsible
Development (LCRD) and the Laveen Village Planning Committee. Vice Chair Jensen
apologized for the confusion. Ms. Sanchez Luna added that she would resend the
documents.

Public Comment:

Phil Hertel voiced his concerns regarding the location of the trash enclosure. Mr. Hertel
noted that some trash enclosures remain open causing visibility issues. Ms. Fedor
stated that the proposed trash enclosure met City Code. Mr. Baker added that the
enclosure was built to ensure that the doors didn’t swing open.

Jon Kimoto stated that he loved chicken and that the elevations had different
variations. Mr. Kimoto added that the intersection is a gateway into the village. Mr.
Kimoto requested stunning landscaping and an architectural feature at the intersection
of 59th Avenue and Baseline Road. Mr. Kimoto added that something should be added
to reflect the agrarian heritage and that the elevations needed to screen all mechanical
equipment and that decorative elements needed to be added on all four sides. Mr.
Kimoto agreed with Mr. Hertel’s comments and suggested moving the trash enclosure
across the parking lot on the east side of the site. Mr. Kimoto also requested additional
landscaping diamonds be added within the parking area.

Applicant Response:

Mr. Baker noted that a lot of the comments were addressed in the proposal.

Committee Motion, Discussion, and Vote:

Motion:
Linda Abegg motioned to recommend approval of PHO-1-25--Z-14-16-8. Jennifer
Rouse seconded the motion.

Vote:
10-3, motion to recommend approval of PHO-1-25--Z-14-16-8 passed with Committee
Members Abegg, Darby, Doromal, Ortega, Perrera, Rouse, Serrette, Barraza, Jensen,
and Hurd in favor and Committee Members McCann, Nasser-Taylor, and Rubio-Raffin
in opposition.

Staff comments regarding VPC Recommendation:

None.

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(;+,%,7,

PHO-1-25--Z-14-16-8
Proposed Conceptual Elevations
Hearing Date: May 21, 2025

(;+,%,7-

(;+,%,7.

PHO-1-25--Z-14-16-8
Stipulated Site Plan
Hearing Date: May 21, 2025

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PHO-1-25--Z-14-16-8
Stipulated Elevations
Hearing Date: May 21, 2025

(;+,%,70

1
Teresa R Garcia
From:
Stephanie Hurd <hurdles10@gmail.com>
Sent:
Wednesday, May 21, 2025 9:50 AM
To:
PDD PHO
Subject:
Today's PHO: Item#9

CAUTION: This email originated outside of the City of Phoenix.
Do not click links or open attachments unless you know the sender and were expecting this
email.
Report Suspicious

Sorry for the late email. I was hoping they would fully comply with our request but they said they are not
able to. I would just like to have it be on record what we requested.

A minimum of 25% of uncovered employee and customer surface parking lot areas shall be shaded, as approved by the
Planning and Development Department. Shade may be achieved by structures or by minimum 2-inch caliper, drought tolerant,
shade trees, or a combination thereof.

Thank you,

Stephanie Hurd
Laveen Village Planning Committee Chair