Atttachment C - PHO Summary - PHO-2-24--Z-1-93-7(4).pdf

REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
June 12, 2024 
ITEM NO: 2 
DISTRICT NO. 4 
SUBJECT: 
Application #: 
PHO-2-24--Z-1-93-7(4) 
Location: 
Northwest Corner of 35th Avenue and Van Buren Street 
Zoning: 
C-2
Acreage: 
1.18 
Request: 
1) Request to modify Stipulation 1 regarding general
conformance to the site plan date stamped February 11,
2022.
2) Request to delete Stipulation 3 regarding vehicular
access to Melvin Street.
3) Request to modify Stipulation 6 regarding a 10-foot
sidewalk easement.
Applicant: 
Brian Greathouse, Burch & Cracchiolo, P.A. 
Owner: 
Ruben Rodela SK&M Investments, Inc.; c/o GWA 
Architects, Inc. 
Representative: 
Brian Greathouse, Burch & Cracchiolo, P.A. 
ACTIONS: 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended denial as filed, approval with modifications. 
Village Planning Committee (VPC) Recommendation:  The Estrella Village Planning 
Committee heard the request on May 21, 2024 and recommended approval with a 
additional stipulation by a vote of 8-0. 
DISCUSSION: 
Brian Greathouse, representative of Burch & Cracchiolo P.A. 1850 North Central 
Avenue, presented the current case (PHO-2-24--Z-23-95-7(4)) and the companion case 
(PHO-2-24--Z-1-93-7(4)) concurrently.  Mr. Greathouse gave an overview of the site 
and project proposal.  He stated the proposed Panda Express is appropriate for the 
area and would be a good fit for the under-utilized site. He stated there have been 
discussions with Phoenix City Staff regarding a conditionally approved alley 
abandonment and the applicant has received five variance approvals for reduced 
perimeter setbacks. He stated the Estrella VPC recommended approval to the 
modification requests and an additional stipulation regarding a deterrent to encourage 
ATTACHMENT C

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-2-24—Z-1-93-7(4) 
Page 2 
 
right turn only on Melvin Street for the site. He stated they have modified the site plan to 
match the VPC’s recommendations and are requesting to allow access on Melvin Street 
instead of Van Buren due to a bus stop stipulation and the driveway would be to close 
to the intersection of 35th Avenue and Van Buren. He stated Section 507 Tab 
A.II.A.6.3.1, recommended by the Streets Department is more of a guideline than a 
requirement and there is not enough adequate access on the site for the proposed use. 
He stated their variance approvals will provide a 10-foot landscape setback and a 5-foot 
sidewalk within the 7-foot easement that they are proposing. 
 
Byron Easton, Planning Hearing Officer, recommended approval with a modification to 
Request 1. He recommended approval with a modification to Request 2, indicating the 
new language will reflect what was recommended by the Laveen VPC. He 
recommended denial to Request 3 per the Streets Department. He stated the full 10-
foot easement is necessary to accommodate the required infrastructure.  
 
FINDINGS: 
 
1) The request to modify Stipulation 1 regarding general conformance to a site plan 
is recommended to be approved with a modification to incorporate the correct 
date stamp/submittal date.   
 
The applicant is proposing a Panda Express restaurant on the approximately 
1.18 acre vacant lot.  The previous PHO (PHO1-21—Z-23-1-93-7), for the 
development of a packaged liquor sales as an accessory use to a convenience 
store never materialized.  The proposed site plan is in general conformance with 
the stipulated plan and is the use is allowed within the C-2 zoning district. 
 
2) The request to delete Stipulation 3 regarding vehicular access to Melvin Street is 
recommended to be approved with a modification. The applicant’s proposal to 
completely delete the stipulation is approved but Staff will replace the stipulation 
with new language that allows access to Melvin Street but with limitations to the 
movements allowed at the access point. This decision is in line with the Estrella 
Village recommendation and removes any barrier that would prevent the 
applicant from demonstrating compliance with Section 507 Tab A.II.A.6.3.1. 
during the site plan review process. 
 
3) The request to modify Stipulation 6 regarding the dedicated sidewalk easement 
for the north side of Van Buren Street and the west side of 35th Ave. is 
recommended to be denied.  A minimum 5-foot-wide detached sidewalk 
separated by a minimum 10-foot-wide landscape area is a standard requirement 
along Major Arterials, such as 35th Avenue and Van Buren Street. While the 
Street Transportation Department is agreeable to a sidewalk easement on the 
west side of 35th Avenue due to the offset nature of the roadway, the full 10-foot 
easement width is necessary to accommodate the required infrastructure.

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-2-24—Z-1-93-7(4) 
Page 3 
 
Additionally, as both Van Buren and 35th Avenue are classified as Arterial D 
cross-sections on the City Council approved Street Class Map.  While the Street 
Transportation Department is given the authority to substitute up to 10-feet of the 
minimum 100-foot right-of-way with a sidewalk easement, the total dedicated 
right-of-way and easement may not total less than the minimum width required 
by the SCM.  The applicant’s request to reduce the right-of-way less than the 
minimum width required by the Street Class Map would require a General Plan 
amendment to amend the map itself and is not through the PHO or zoning 
process. 
 
35th Avenue Half-Street Breakdown: 
a. 32-foot pavement 
b. 0.5-foot curb 
c. 10-foot landscape buffer 
d. 6-foot sidewalk 
e. 2.5-foot buffer from the back of sidewalk for incidentals, including but not 
limited to public signage, etc. 
 
 
STIPULATIONS: 
 
1. 
The development shall be in the general conformance with the site plan 
date stamped JUNE 10, 2024 February 11, 2022, as modified by the 
following stipulations and approved by the Planning and Development 
Department. 
 
 
2. 
The developer shall dedicate right-of-way and construct one bus stop pad 
along westbound Van Buren Street west of 35th Avenue. The bus stop 
pad shall be compliant with City of Phoenix Standard Detail P1260 with a 
minimum depth of 12 feet. The bus pad shall be spaced from the 
intersection of 35th Avenue and Van Buren Street according to the City of 
Phoenix Standard Detail P1258, approved or modified by the Public 
Transit Department. 
 
 
3. 
ANY NONRESIDENTIAL USES ACCESSING MELVIN STREET SHALL 
BE RESTRICTED TO RIGHT-IN, RIGHT-OUT, AND LEFT-IN TURNING 
MOVEMENTS ONLY, AS APPROVED OR MODIFIED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. Vehicular access to 
Melvin Street shall be prohibited. 
 
 
4. 
If any driveway is proposed along Van Buren Street, the driveway shall be 
restricted to right-in/right-out only, as approved by the Street 
Transportation Department. 
 
 
5. 
The developer shall construct a minimum 5-foot-wide detached sidewalk

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-2-24—Z-1-93-7(4) 
Page 4 
 
along the west side of 35th Avenue to be detached with a minimum 10-
foot-wide landscape strip located between the back of curb and sidewalk. 
Trees planted in the landscape area to be placed near the sidewalk to 
provide thermal comfort for pedestrians, as approved by the Planning and 
Development Department. 
 
 
6. 
The developer shall dedicate a 10-foot sidewalk easement for the north 
side of Van Buren Stret and west side of 35th Avenue, as approved by the 
Planning and Development Department. 
 
 
7. 
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 wavier 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. 
 
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