Attachment B - PHO Summary - PHO-1-24--Z-22-23-4.pdf

City of Phoenix — Formal (2024-08-26)

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ITEM NO: 1 
DISTRICT NO. 4 
SUBJECT: 
Application #: 
PHO-1-24--Z-22-23-4 (Continued from May 15, 2024) 
Location: 
Southwest corner of 8th Street and Minnezona Avenue 
Zoning: 
C-2, P-1
Acreage: 
0.68 
Request: 
1) Request to modify Stipulation 16 regarding landscape
area.
2) Request to delete Stipulation 18 regarding right-of-way
dedication for 8th Street.
Applicant: 
TJ Owens, Owens Design Consultants, Inc. 
Owner: 
Ryan Mckenzie, DHM Trading LLC 
Representative: TJ Owens, Owens Design Consultants, Inc. 
ACTIONS: 
Planning Hearing Officer Recommendation:  The Planning Hearing Officer 
recommended approval with a modification. 
Village Planning Committee (VPC) Recommendation:  The Camelback East 
Village Planning Committee chose not to review the request. 
DISCUSSION: 
TJ Owens, representative of Owens Design Consultants, Inc, gave an overview 
of the site and modification requests. He stated they want to replace the word 
“setback” with “area” in Stipulation 16 as they are providing adequate 
landscaping throughout the site. He stated the second request was needed is it 
would impact both the site and lots 2 and 4 across 8th Street. He stated they were 
going to replat the site and combine lots 1,3 and 5. He stated the street 
improvements will affect the homes across the street and affect the site’s parking 
requirements. He stated another problem they faced is the landscaping on the 
adjacent SRP property.  
Mike Rose, 1423 East Zion Way, Chandler, Arizona 85249, stated he is the 
project manager. He has been working with Jason Lindsey regarding the cul-de-
sac and stated there have been some internal conversations between City of 
Phoenix staff. 
ATTACHMENT B
REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
June 12, 2024

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-1-24—Z-22-23-4 (Continued from May 15, 2024) 
Page 2 
 
 
Byron Easton, Planning Hearing Officer, stated he is aware of the conversations 
and had the comments in front of him. Mr. Easton asked Mr. Owens if they 
planned on expanding the existing building on the site. Mr. Owens stated they 
were not going to expand the existing building but add some storage containers 
that will act as a bar and kitchen. He stated the parking requirements was an 
accumulated parking analysis including the expansions, outdoor dining, and 
recreation area. 
 
Mr. Easton stated the SRP landscaping requirement is an offsite landscape 
requirement and does not count towards their landscape requirement for the site. 
He asked Mr. Owens to clarify the total amount and location of all landscaping 
indicated on the site plan. Mr. Owens stated the P-1 zoned property does not 
have any landscaping requirements although there is conflict withing the Zoning 
Ordinance, indicating it states no landscape requirement is required and other 
says a 15-foot minimum Is required, causing confusion. 
 
Mr. Easton asked if they are willing to provide the 10-foot landscaping from the 
property line on the south side of the site. Mr. Owens stated yes it can be 
provided. 
 
Mr. Easton stated for the record the applicant will adhere to the site plan 
indicating the 10-foot landscape setback along the southeast corner of the site. 
He recommended approval to Request 1 as the applicant confirmed that 650 
square foot perimeter landscape is shown on the site plan. He recommended 
approval to Request 2 as the Streets Department is amendable to removing 
Stipulation 18.  
 
FINDINGS: 
 
1) The request to modify Stipulation 16 regarding the landscape setback is 
approved with a modification to delete the stipulation in its entirety.  The 
abundance of landscaping on the site due to adjacent SRP canal 
landscape requirements, the 22’ landscape buffer from the paved canal 
path and the extensive perimeter landscape setbacks properly mitigates 
the impact of this proposed development as shown on the Site Plan date 
stamped March 18, 2024. 
 
To avoid conflict with Stipulation 17, I am supporting the removal of this 
stipulation only if the applicant is providing the landscaping as shown on 
the Site Plan. The applicant has ensured that the landscaping will be 
provided both verbally, during the hearing and via the submitted Site Plan 
date stamped March 18, 2024. 
 
2) The request to delete Stipulation is approved. The Street Transportation 
Department is amenable to remove Stipulation #18 and allow the

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-1-24—Z-22-23-4 (Continued from May 15, 2024) 
Page 3 
 
requirement established by city code Article III, Section 32-27(A)(3) 
pertaining to the termination of dead-end roads, to be enforced through 
the site planning process. 
 
STIPULATIONS: 
 
Overall Site 
1. 
A minimum of 10% of the required parking spaces shall be EV ready. 
 
 
2. 
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. 
 
 
3. 
Pedestrian walkways shall be shaded by a structure, landscaping at 
maturity, or a combination of the two to achieve a minimum of 75% shade, 
measured at summer solstice at noon as shown on a shading study, as 
approved by the Planning and Development Department. 
 
 
4. 
A minimum 5-foot-wide detached sidewalk separated by a minimum 6-
foot-wide landscape strip located between the back of curb and sidewalk 
shall be constructed along the south side of Minnezona Avenue, 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. 
 
 
 
b. 
Drought tolerant shrubs, accents, and vegetative groundcovers to 
achieve a minimum of 75% live vegetative ground coverage at 
maturity. 
 
 
5. 
All streets within and adjacent to the development shall be constructed 
with paving, cub, gutter, sidewalk, curb ramps, streetlight, 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. 
 
 
6. 
Landscape areas adjacent to the Grand Canal pathway shall be planted to 
the following standards and maintained with a watering system, 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.

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-1-24—Z-22-23-4 (Continued from May 15, 2024) 
Page 4 
 
 
b. 
Drought tolerant shrubs, accents, and vegetative groundcovers to 
achieve a minimum of 75% live vegetative ground coverage at 
maturity. 
 
 
 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
7. 
If determined necessary by the Phoenix Archaeology Office, the applicant 
shall conduct Phase I date 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. 
 
 
8. 
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. 
 
 
9. 
In the event archaeological materials are encountered during construction, 
the developer shall immediately cease all ground-disturbing activities 
withing a 33-foot radius of the discovery, notify the City Archaeologist, and 
allow time for the Archaeology Office to properly assess the materials. 
 
 
10. 
This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on 
panel 1740L of the Flood Insurance Rate Maps (FIRM) dated October 16, 
2013. The following requirements shall apply, as approved by the Planning 
and Development Department. 
 
 
 
a. 
The Architect/Engineer is required to show the floodplain boundary 
limits on the Grading and Drainage plan and ensure that impacts to 
the proposed facilities have been considered, following the National 
Flood Insurance Program (NFIP) Regulations (44 CFR Paragraph 
60.3). This includes, but not limited to provisions in the latest 
versions of the Floodplain Ordinance of the Phoenix City Code. 
 
 
 
b. 
A copy of the Grading and Drainage Plan shall be submitted to the 
Floodplain Management section of Public Works Department for 
review and approval of Floodplain requirements. 
 
 
 
c. 
The developer shall provide a FEMA approved CLOMR-F or 
CLOMR prior to issuance of a Grading and Drainage permit or 
provide floodplain mitigation measures such as, but not limited to, 
floodproofing all structures (permanent or non-permanent) to an

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-1-24—Z-22-23-4 (Continued from May 15, 2024) 
Page 5 
 
elevation of one foot above the base flood elevation and use flood 
resistant materials, as approved by the Floodplain Management 
section of the Office of the City Engineer. 
 
 
11. 
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 waiver of claims form. The waiver shall be recorded with 
the Maricopa County Recorder’s Office and delivered to the City to be 
included in the rezoning application file for record. 
 
 
C-2 Zoned Area (General Commercial District) 
 
 
12. 
An 8-foot-wide shaded pedestrian pathway shall be constructed of 
decorative material such as brick, pavers or alternative material with 
access to the Grand Canal Trail shall be provided, as approved by the 
Planning and Development Department. 
 
 
13. 
Bicycle infrastructure shall be installed as described below and as 
approved by the Planning and Development Department. 
 
 
 
a. 
Secured bicycle parking shall be provided at a rate of four spaces 
and shall be installed as per the requirements of Section 1307.H of 
the Phoenix Zoning Ordinance as approved by the Planning and 
Development Department. 
 
 
 
b. 
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. 
 
 
 
 
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. 
 
 
 
c. 
A minimum of 10% of the required bicycle parking spaces shall 
include 120-volt receptacles for electric bicycle charging 
capabilities. 
 
 
P-1 Zone Area (Passenger Automobile Parking, Limited)

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-1-24—Z-22-23-4 (Continued from May 15, 2024) 
Page 6 
 
14. 
A minimum 5-foot-wide detached sidewalk, separated by a minimum 6-
foot-wide landscape strip located between the back of curb and sidewalk, 
shall be provided along 8th Street connecting the existing sidewalk from 
Minnezona Avenue to the Grand Canal trail, 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. 
 
 
15. 
A minimum 10-foot-wide landscape setback shall be provided along the 
north and east property lines, 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. 
 
 
 
b. 
Drought tolerant shrubs, accents, and vegetative groundcovers to 
achieve a minimum of 75% live vegetative ground coverage at 
maturity. 
 
 
16. 
A minimum 5, average 10-foot-wide landscape setback shall be provided 
from the south property line. 
 
 
16. 
17. 
A minimum 10% of surface parking lot area, exclusive of perimeter 
landscape setbacks, shall be landscaped and planted with minimum 2-
inch caliper, large canopy, drought-tolerant shade trees, dispersed 
throughout the parking area to achieve a minimum of 25% shade at 
maturity, measured at summer solstice at noon as shown on a shading 
study, as approved by the Planning and Development Department. 
 
 
18. 
Right-of-way shall be dedicated for the west-half of 8th Street for a half-
radius 45-foot radius cul-de-sac dedication at its southern termination. 
 
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 Teleia Galaviz 
at teleia.galaviz@phoenix.gov or (602) 291-2559 or TTY: 7-1-1.