Attachment C - PHO Summary -PHO-4-20_Z-125-01-2.pdf

City of Phoenix — Formal (2020-11-18)

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REPORT OF PLANNING HEARING OFFICER ACTION 
Adam Stranieri, Planner III, Hearing Officer  
Julianna Pierre, Planner I, Assisting  
October 21, 2020 
ITEM NO: 1 
DISTRICT 2 
SUBJECT: 
Application #: 
PHO-4-20--Z-125-01-2 
Zoning:  
C-2 
Location: 
Approximately 2,146 feet west of the southwest corner of 
Black Mountain Parkway (48th Street Alignment) and 
Carefree Highway 
Acreage: 
4.50 
Request: 
1) Review and approval of site plan for the future phase
portion by the Desert View Village Planning Committee 
and Planning Hearing Officer per Stipulation 13 (west). 
2) Technical corrections to Stipulations 12 (east) and 11
(west) 
Applicant: 
James Bulsiewicz, Hines 
Owner: 
AABS Properties, LLC 
Representative: Nick Wood, Esq., Snell & Wilmer, LLP 
ACTIONS 
Planning Hearing Officer Recommendation:  The Planning Hearing Officer 
recommended approval with a modification and additional stipulations. 
Village Planning Committee (VPC) Recommendation:  The Desert View Village 
Planning Committee heard this case on October 6, 2020 and recommended 
approval by a 10-0 vote. 
DISCUSSION 
Heather Dukes, representative with Snell & Wilmer, provided history about the 
original rezoning case, site, and surrounding area.  She stated that the building 
on the site of the PHO would be the second phase of a larger senior living 
community.  She stated that the site would be developed as a two-story, 
approximately 79,438 square foot independent living facility consisting of 52 
residential units.  She stated that the developers worked with the local HOA 
board and surrounding community to propose a project with sophisticated ranch 
and desert architectural style.  She added that the developer intends to provide 
perimeter landscaping and a perimeter wall along Happy Coyote Trail.  She 
stated that they filed the Planning Hearing Officer (PHO) request in conformance 
Attachment C

Planning Hearing Officer Summary of October 21, 2020 
Application PHO-4-20—Z-125-01-2 
Page 2 
 
 
with Stipulation 13 (west), regarding review and approval of the site plan for the 
future phase portion. 
 
Adam Stranieri stated that staff had not received any correspondence and the 
case went to the Desert View Village Planning Committee (VPC) on October 6, 
2020.  Ms. Dukes confirmed and stated that the VPC recommended approval by 
a vote of 10-0.  Mr. Stranieri asked if the future phase portion would be run by the 
same management company as the portion to the east.  James Bulsiewicz, 
applicant with Hines, stated that one entity will own and manage the entire site.  
He added that the community will create an environment where residents can 
age in place and most medical treatment will occur on the east portion of the site.  
Mr. Stranieri asked if the amenities, specifically equine therapy, and open space 
would be accessible to residents of both sites.  Mr. Bulsiewicz stated that the 
equine therapy will be located on the east side of the property but will be 
accessible to all residents.  He clarified that the equine therapy would utilize 
temporary staging because the horses would not be kept overnight per 
agreements with the local community. 
 
Mr. Stranieri stated that he had no concerns with the proposed site plan.  He 
noted that the site plan showed a system of pedestrian pathways providing 
connectivity across both sites.  He added that the plan depicted continuity along 
the streetscape with stipulated plans to the east and open spaces which would 
function well with the requirements for the Carefree Highway Scenic Corridor.   
 
Mr. Stranieri clarified that he was inclined also stipulate general conformance to 
the elevations.  He stated that elevations submitted by the applicant are an 
improvement over the original design.  Ms. Dukes stated that she had no 
concerns with stipulating general conformance to the elevations. 
 
Mr. Stranieri stated that the site is archaeologically sensitive and additional 
stipulations were warranted to address City requirements for archaeological data 
testing and surveying.  Ms. Dukes stated that she had no concerns with the 
additional stipulations and would work with the Archaeology Office during the site 
planning process. 
 
Mr. Stranieri stated that a multi-use trail was identified along the south side of 
Carefree Highway, but he was not inclined to add an additional stipulation 
because Stipulation 11 (west) already discussed trail requirements.  He stated 
that the stipulation did not have the current MAG supplemental details, but the 
applicant could work with the Parks and Recreation department to determine 
what the requirements for a trail in that location would be.

Planning Hearing Officer Summary of October 21, 2020 
Application PHO-4-20—Z-125-01-2 
Page 3 
 
 
FINDINGS 
 
1) The subject property of this request is the westernmost portion of the 
original rezoning case area.  The current stipulations applicable to the 
subject property are those in PHO-3-16—Z-125-01-2.  In that case, this 
property was identified as a future phase and various stipulation 
modifications were made to accommodate an assisted living facility 
immediately adjacent to the east.  Stipulation 13 (West) was created to 
allow a review for this future phase area of conceptual plans once a 
development proposal was created. 
 
2) The conceptual site plan depicts a senior independent living facility to be 
developed as a component/extension of the senior assisted living campus 
currently proposed to the east.  The plan depicts a 2-story and 29-foot tall 
building containing 50 residential units.  There is a large open space 
courtyard containing amenities on the north side of the building.  There are 
no proposed modifications to existing stipulations regarding enhanced 
landscaping, pedestrian pathway, parking design, trails, and other 
concerns along the Carefree Highway Scenic Corridor.  The plan is 
compatible with the stipulated plans for the remainder of the campus to 
the east.  The proposed elevations depict buildings utilizing a variety of 
building materials (e.g. EIFS, cut stone, standing seam metal, barn siding, 
etc.) and multiple building colors.  Architectural relief is provided through 
tower elements, pitched roof elements, columns, and patios.  The design 
is compatible with stipulated plans to the east and development in the 
surrounding area.  The applicant’s request for general conformance to 
these plans is recommended for approval with a minor modification to 
change the order of the stipulations. 
 
DECISION: The Planning Hearing Officer recommended approval with a 
modification and additional stipulations. 
 
STIPULATIONS 
 
Stipulations for the Eastern Portion of the Site 
 
 
1. 
That dTHE Development shall be in general conformance to the site plan 
dated May 5, 2004 as approved by the Planning and Development 
Department. 
 
 
2. 
That dTHE Development shall be in general conformance to the 
elevations dated May 5, 2004 or as approved or modified by the Planning 
and Development Department. That tThe level of architectural detail shall 
be provided on all sides of structures, including the same colors and

Planning Hearing Officer Summary of October 21, 2020 
Application PHO-4-20—Z-125-01-2 
Page 4 
 
 
materials. That tThe same architectural theme shall be consistent 
throughout the site. 
 
 
3. 
That aA comprehensive sign package shall be developed for the site, as 
approved by the Planning and Development Department. 
 
 
4. 
That aAll building elevations visible from the public right-of-way or 
adjacent residential property SHALL include variations in colors, textures, 
and/or materials to break up the massing of long walls, and provide a 
sense of human scale and visual interest. 
 
 
5. 
That aA full archaeological testing and data recovery report be submitted. 
 
 
6. 
That tThe development of the project SHALL be limited to three Phases. 
Phase I the Pharmacy, Phase II retail surrounding pharmacy, and Phase 
III remaining retail/office at west end of property. 
 
 
7. 
That the dDriveways SHALL be limited to five on Carefree Highway and 
three on Black Mountain Parkway. 
 
 
8. 
That rRight-of-way shall be dedicated and a bus bay constructed (P1256) 
with a transit pad (P1261) for southbound on Black Mountain Parkway 
south of Carefree Highway at a location approved by the Phoenix Public 
Transit Department. 
 
 
9. 
That tThe landscape setback along Carefree Highway shall be dedicated 
as a landscape easement and the scenic corridor shall include only 
natural materials and native vegetation as approved by the Planning and 
Development Department. 
 
 
10. 
That tThe wash along the southern border SHALL be treated as a natural 
amenity per plans approved by the Planning and Development 
Department and that no construction, filling or grading SHALL occur 
within the 100 year floodplain. 
 
 
11. 
That sShaded pedestrian paths shall be provided within the proposed 
parking areas to connect customers of retail establishments with the 
sidewalks along Black Mountain Parkway. Landscaping of these shaded 
walkways shall reflect a common landscaping theme and include a 
minimum of 2-inch caliper shade trees placed 20 feet on center.  
 
 
12. 
That aA 10-foot sidewalk SHALL be constructed along Carefree Highway 
and a 5-foot sidewalk SHALL be provided along Black Mountain

Planning Hearing Officer Summary of October 21, 2020 
Application PHO-4-20—Z-125-01-2 
Page 5 
 
 
Parkway. Trail needs to be within a 25-foot landscape setback as 
approved by THE Parks AND , Recreation, and Library Department. 
 
 
13. 
That lLighting shall be shielded with cut-off fixtures and deflectors to 
direct light downward and limit on-site lighting levels to a maximum of 
one foot candle at the property line. That aAll lighting shall be shielded to 
prevent direct visibility of the light source from adjacent properties. That 
lLighting shall be limited to 15 feet in height. Site lighting shall be 
administratively approved by the Planning Hearing Officer prior to 
preliminary site plan approval. 
 
 
Stipulations for the Western Portion of the Site 
 
 
1. 
That dTHE Development shall be in general conformance to the site plan 
date stamped March 30, 2017, with regards to setbacks, circulation and 
the scenic corridor, as modified by the following stipulations and Planning 
and Development Department review. 
 
 
2. 
That dTHE Development shall be in general conformance to the 
elevations date stamped March 30, 2017 with regards to architectural 
theme. The building elevation theme should assure the building/canopy 
colors, elevations, exterior materials, landscaping, lighting and signage 
convey a sense of continuity throughout the development, as approved 
by the Planning and Development Department.  
 
 
3. 
THE WESTERNMOST PORTION OF THE DEVELOPMENT SHALL BE 
IN GENERAL CONFORMANCE WITH THE SITE PLAN DATE 
STAMPED SEPTEMBER 22, 2020 AND ELEVATIONS DATE STAMPED 
SEPTEMBER 4, 2020, AS MODIFIED BY THE FOLLOWING 
STIPULATIONS AND APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
4. 
3. 
That aA comprehensive sign package shall be developed for the site, as 
approved by the Planning and Development Department. 
 
 
5. 
4. 
That aAll building elevations visible from the public right-of-way or 
adjacent residential property SHALL include variations in colors, textures, 
and/or materials to break up the massing of long walls, and provide a 
sense of human scale and visual interest. 
 
 
6. 
5. 
That aA full archaeological testing and data recovery report SHALL be 
submitted.

Planning Hearing Officer Summary of October 21, 2020 
Application PHO-4-20—Z-125-01-2 
Page 6 
 
 
7. 
6. 
That tThe development of the project SHALL be limited to three Phases, 
Phase I the Assisted Living/Independent Living Building, Phase II the 
Memory Care Building, and Phase III future. 
 
 
8. 
7. 
That tThe driveways SHALL be limited to five on Carefree Highway.  
 
 
9. 
8. 
That tThe parking provided along the north end of the property  
SHALL not follow a hard edge along the Carefree Scenic Corridor. The 
parking shall consist of a delineated pattern using landscape features to 
create a softer edge.  
 
 
Landscape/Screening 
 
 
10. 
9. 
That tThe fifty foot landscape setback from the seventy foot right of way 
(one hundred twenty feet from center line of Carefree Highway) shall be 
landscaped with plants from Lists A, B and/or C from the “Area C & D 
Zoning Guidelines Manual Draft” dated September 1995 and shall be 
designated as a scenic landscape easement. Accent walls and only low 
scale directional signage may be allowed within the setback if determined 
appropriate by the Planning and Development Department site plan and 
sign review staff.  
 
 
11. 
10. 
Areas within the 100 year floodplain will not impede the 100 year storm 
water flow. 
 
 
12. 
11. 
That aA 6-foot sidewalk SHALL be constructed along Carefree Highway 
connecting to the existing development to the east, with the western 
extent terminating at the new proposed entrance to site. Trail needs to be 
within a 25-foot landscape setback as approved by THE Parks, AND 
Recreation and Library Department. 
 
 
13. 
12. 
The applicant shall hold a neighborhood meeting to work with adjacent 
property owners on the proposed lighting, landscaping, and fencing prior 
to preliminary site plan approval. 
 
 
13. 
The future phase portion of the site shall return to the Desert View Village 
Planning Committee and Planning Hearing Officer for review and 
approval. 
 
 
14. 
A minimum 20-foot landscape setback shall be required on all property 
lines that are adjacent to single family residential zoning districts. 
 
 
ARCHAEOLOGY

Planning Hearing Officer Summary of October 21, 2020 
Application PHO-4-20—Z-125-01-2 
Page 7 
 
 
 
 
15. 
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. 
 
 
16. 
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. 
 
 
17. 
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. 
 
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.  Please contact the Planning and Development Department, Tamra 
Ingersoll at voice number 602-534-6648 or TTY use 7-1-1.