Attachment D - PHO Application - PHO-2-24--Z-1-93-7(4).pdf
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To: Date: May 10, 2024 From: Departments Concerned Joshua Bednarek Planning & Development Department Director Subject: P.H.O. APPLICATION NO. PHO-2-24--Z-1-93-7(4) – Notice of Pending Actions by the Planning Hearing Officer 1. Your attention is called to the fact that the Planning Hearing Officer will consider the following case at a public hearing on June 12, 2024. 2. Information about this case is available for review at the Zoning Counter in the Planning and Development Department on the 2nd Floor of Phoenix City Hall, telephone 602-262-7131, Option 6. 3. Staff, please indicate your comments and respond electronically to pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter in the Planning and Development Department on the second floor of Phoenix City Hall by May 17, 2024. DISTRIBUTION Mayor’s Office (Tony Montola), 11th Floor City Council (Stephanie Bracken), 11th Floor Aviation (Jordan D. Feld ) CED (Michelle Pierson), 20th Floor Fire Prevention (Joel Asirsan), 2nd Floor Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor Parks & Recreation (Todd Shackelford), 16th Floor Public Transit (Michael Pierce) Street Transportation Department (Maja Brkovic, Josh Rogers, Alan Hilty, Chris Kowalsky), 5th Floor Street Transportation - Ped. Safety Coordinator (Kurt Miyamoto), 5th Floor Street Transportation - Floodplain Management (Tina Jensen, Priscilla Motola, Rudy Rangel), 5th Floor Water Services (Don Reynolds, Victor Romo), 8th Floor Planning and Development (Joshua Bednarek, Tricia Gomes), 3rd Floor Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th Floor Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor Planning Hearing Officer (Byron Easton, Teresa Garcia), 2nd Floor Village Planner (Nayeli Sanchez Luna, Estrella Village) Village Planning Committee Chair (Lisa Perez, Estrella Village) ATTACHMENT D PLEASE RESPOND ELECTRONICALLY TO TERESA GARCIA 2ND FLOOR, 602-262-7399 200 W. Washington St., 2nd Floor, Phoenix, AZ 85003 ● 602-626-7131 APPLICATION FOR PLANNING HEARING OFFICER ACTION APPLICATION NO: PHO-2-24--Z-1-93-7(4) Council District: 4 Request For: Stipulation Modification Reason for Request: Request to modify Stipulation 1 regarding general conformance to the site plan date stamped February 11, 2022.; Request to delete Stipulation 3 regarding vehicular access to Melvin Street.; Request to modify Stipulation 6 regarding a 10-foot sidewalk easement. Contact Information Name Relationship Type Address Phone Fax Email Ricki Horowitz Other 1850 N. Central Ave, Ste 1700, Phx 85004 602-234-8728 rhorowitz@bcattorneys.com Brian Greathouse Applicant 1850 N. Central Ave, Ste 1700 602-234-9903 bgreathouse@bcattorneys.com Brian Greathouse Representative 1850 N. Central Ave, Ste 1700 602-234-9903 bgreathouse@bcattorneys.com Ruben Rodela SK&M Investments, Inc.; c/o GWA Architects, Inc. Owner 100 Corporate Center Drive Suite 550, Monterey Park, California 91754 Property Location: Northwest Corner of 35th Avenue and Van Buren Street Acreage: 1.17 Geographic Information Zoning Map APN Quarter Section F6 106-15-165 Q11-20 F6 106-15-166 Q11-20 F6 106-15-167 Q11-20 F6 106-15-168 Q11-20 F6 106-15-169 Q11-20 F6 106-15-170 Q11-20 F6 106-15-171 Q11-20 Village: Estrella An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive policy statement. To request clarification or to obtain further information on the application process and applicable review time frames, please call 602-262-7131 (option 6), email zoning@phoenix.gov or visit our website at https://www.phoenix.gov/pdd/licensing-time-frames A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to cover the cost whether or not the request is granted I declare that all information submitted is true and correct to the best of my knowledge and belief. I acknowledge that any error in my application may be cause for changing its normal scheduling. City of Phoenix Planning & Development Department Page 2 of 2 Signature: ____________________________________________________ DATE: ___________________ Fee Information Fee Fee Waived Fee Date Purpose $1,725.00 $0.00 04/10/24 PHO (3+ stipulations) Exhibit 1 Exhibit 2 Exhibit 3 A.P.N. 106-15-173A P-1 ZONE A.P.N. 106-15-171 C-2 ZONE A.P.N. 106-15-169 C-2 ZONE A.P.N 106-15-166 C-2 ZONE 11 9 10 12 13 3 2 4 3'-0" 14 12'-0" 12'-0" 17 16 20 7 11 8'-0" 9'-6" 9'-6" 9'-6" 9'-6" 20'-0" VAN BUREN STREET 35TH AVENUE MELVIN STREET 18'-0" PANDA EXPRESS TYPE V-B CONSTRUCTION 2,621 SQ. FT. 12'-0" 12'-0" 8 9'-6" 20'-0" 31'-71 2" 1 5 6 8 7 15 18 19 12'-0" 8 25'-0" 7'-0" 7 9'-6" 18'-0" 8'-0" 12'-0" 30'-0" 120'-11 2" 3 9'-6" 25'-0" 20'-0" 7'-0" 7'-0" 70'-11" 12'-0" 9'-6" 20'-0" 145'-0" 40'-0" 5'-0" 8'-0" 7'-8" 8'-6" 15'-9" 17'-101 2" 20'-0" CL CL EXISTING PUBLIC ALLEY PROPOSED PUBLIC ALLEY RELOCATION APN: 106-15-173A R-3 ZONE APN: 106-15-175 R-3 ZONE APN: 106-15-190 C-3 ZONE 8'-0" 10'-0" 25'-0" BUILDING SETBACK 25'-0" BUILDING SETBACK 5'-0" LANDSCAPE SETBACK 5'-0" LANDSCAPE SETBACK 7'-0" 7'-0" SIDEWALK DEDICATION 7'-0" 3 40'-0" 31'-101 2" 31'-71 2" 20'-0" 10'-0" 5'-0" 7'-0" SIDEWALK DEDICATION 10'-0" 4'-111 2" 10'-4" 5'-0" 10'-0" 1'-2" LANDSCAPE SETBACK 5'-0" LANDSCAPE SETBACK 5'-0" 10'-0" 17'-4" LANDSCAPE SETBACK 11'-11 2" 4'-1" 16'-0" 10'-11 2" 25'-0" BUILDING SETBACK 10'-0" BUILDING SETBACK 5'-0" LANDSCAPE SETBACK 5'-0" LANDSCAPE SETBACK 10'-0" BUILDING SETBACK 10'-0" BUILDING SETBACK 10'-0" BUILDING SETBACK PREVIOUS PUBLIC ALLEY DEDICATION C-3 ZONE 6" 10'-0" 5'-0" 8'-6" A.P.N 106-15-167 C-2 ZONE A.P.N. 106-15-165 C-2 ZONE A.P.N. 106-15-174 C-3 ZONE 108'-11" 74'-6" A.P.N. 106-15-172 C-3 ZONE A.P.N. 106-15-168 C-2 ZONE A.P.N. 106-15-170 C-2 ZONE 24'-41 2" 28'-6" 66'-6" 28'-6" 174'-8" 14'-4" 15'-1" 32'-0" 31'-91 2" 30'-2" 76'-01 2" 17'-111 2" FH FH 9'-6" 1 4 4 4 4 5 7 8 10 11 12 13 14 14 15 15 17 10 24 18 6 21 1 1 1 22 22 22 9 21 4 4 4 11 11 11 11 1 4 18 178'-0" 21-3 1/2' 246' -9 1/2" 173'-0" 46'-5" 56'-0" 40'-5" 26'-0" 119'-5" 6 9 31 28 20 25 11 29 29 29 29 29 4 4 3 4 10 4 26 18 10 4 26 2 25 25 7 16 4 26 4 23 27 4 29 29 29 29 26 29 9 26 30 29 31 ARCH PROJECT #: PANDA PROJECT #: DRAWN BY: ISSUE DATE: REVISIONS: All ideas, designs, arrangement and plans indicated or represented by this drawing are the property of Panda Express Inc. and were created for use on this specific project. None of these ideas, designs, arrangements or plans may be used by or disclosed to any person, firm, or corporation without the written permission of Panda Express Inc. 1683 Walnut Grove Ave. Rosemead, California 91770 Telephone: 626.799.9898 Facsimile: 626.372.8288 PANDA EXPRESS, INC. PANDA STORE #: 23-069 RR/BP/CJ - S8-25-D28063 PHOENIX, AZ 85009 3502 W VAN BUREN ST. PANDA EXPRESS 1ST PRE APP. SUBMITTAL 06-08-23 1ST & ASSOCIATES, INC. GARY WANG 2ND 3RD 1ST VARIANCE SUBMITTAL 10-24-23 10-24-23 1ST USE PERMIT SUB. 10-24-23 A-100 N A-100 D Scale= NTS VICINITY MAP 1 2 3 4 5 10 11 12 13 A-100 A Scale= 1" = 20' SITE PLAN A-100 E Scale= NTS KEY NOTES A-100 B Scale= NTS TEAM DIRECTORY ARCHITECTURAL SITE PLAN 14 APPLICANT RUBEN RODELA, PROJECT MANAGER GARY WANG, AIA GARY WANG & ASSOCIATES 1000 CORPORATE CENTER DR., SUITE # 550, MONTEREY PARK, CA 91754 T: 626.288.6898 DEVELOPER PROPERTY OWNER SK&M INVESTMENTS, INC. 2255 AIRWAY AVE KINGMAN AZ, 86409 RESTAURANT AREA 2,621 S.F. EMPLOYEES BUILDING CODE ANALYSIS OCCUPANCY CLASSIFICATION TYPE OF CONSTRUCTION FIRE SPRINKLER OCCUPANT LOAD AREA STORY HEIGHT GROUP A-2 (ASSEMBLY) V-B SPRINKLERED PROVIDED 23'-3" 1 REQUIRED / ALLOWED - - - - 2,621 SQ.FT. 72 PANDA EXPRESS SITE INFORMATION 47,109 SQ. FT. (1.08 ACRE) 0.055 4,996 SQ. FT. LOT AREA LOT COVERAGE (FLOOR AREA RATIO) LANDSCAPE PROVIDED PARKING REQUIREMENTS: PANDA EXPRESS PARKING RATIO PARKING REQUIRED PARKING PROVIDED 47 C-2 (INTERMEDIATE COMMERCIAL) C-3 (GENERAL COMMERCIAL) P-1 ( PASSENGER AUTOMOBILE PARKING) PROPERTY ZONE / CLASSIFICATION FREESTANDING RESTAURANT WITH A DRIVE-THRU PROPERTY TYPE / UNIQUE CHARACTERISTICS TOTAL 19 ADJACENT ZONING DISTRICTS 1/50 SF OF DINING AREA 47 19 APN # 106-15-165, 106-15-166, 106-15-167, 106-15-168, 106-15-169, 106-15-170, 106-15-171, 106-15-172, 106-15-173A, 106-15-174 ADA 1 1 TO 24 SPACES: 1 ADA DESIGNATED ACCESSIBLE PARKING SPACE TRASH ENCLOSURE LANDSCAPE AREA ACCESSIBLE STRIPED PATH OF TRAVEL PROPOSED PYLON SIGN 6 7 8 9 CURB RAMP & SIDEWALK 15 16 17 18 NUMBER OF STALLS WALKWAY NEW PUBLIC SIDEWALK THANK YOU / DO NOT ENTER SIGN DRIVE-THRU SPEAKER BOX DRIVE-THRU MENU BOARD CLEARANCE BAR DRIVE-THRU LANE R-3 (MULTIFAMILY RESIDENTIAL) C-3 (GENERAL COMMERCIAL) DRIVE-THRU QUEUE LENGTH: 199'-7" 2 PROPOSED PANDA EXPRESS STEVE BLEVINS PANDA EXPRESS 1683 WALNUT GROVE AVE. ROSEMEAD, CA 91770 T: 626.372.8288 PROPERTY LINE EXISTING/PROPOSED SETBACKS 8' HIGH CMU BLOCK WALL STRIPING CONCRETE LANDSCAPE A-100 F Scale= NTS LEGEND 19 20 STREET LIGHT TO BE RELOCATED EXISTING STREET LIGHT TO REMAIN AND PROTECT IN PLACE 21 EXISTING ELECTRICAL POLE TO REMAIN AND PROTECT IN PLACE 22 EXISTING FIRE HYDRANT TO REMAIN AND PROTECT IN PLACE A-100 G Scale= NTS PROJECT INFO A-100 C Scale= NTS CITY STAMP USE ONLY N 23 950SF/50 CALCULATION - PROPERTY LINE 24 3 EMPLOYEES / SHIFT (2 SHIFTS PER DAY) STRIPING, TYP. 25 26 27 28 29 BUS STOP PAD PER CITY OF PHOENIX DETAIL P1258 AND P1260 6' TALL WROUGHT IRON FENCE. LENGTH: 118'-2 3/4" PROPOSED DRIVEWAY ENTRANCE PER CITY OF PHOENIX DETAIL P1225-2 8' TALL CMU SCREEN WALL. LENGTH: 170'-5 1/2" 3' TALL CMU SCREEN WALL EXISTING BUS STOP TO REMAIN IN PLACE PROPOSED DRIVEWAY ENTRANCE PER CITY OF PHOENIX DETAIL P1243 15' TALL LIGHT POLE 6' HIGH WROUGHT IRON FENCE 3' HIGH CMU BLOCK WALL 6'-0" ELECTRIC EASEMENT 8'-0" SEWER EASEMENT 16'-0" TEMPORARY 7'-0" TELEPHONE/TELEGRAPH EASEMENT CONSTRUCTION EASEMENT 16'-0" PUBLIC UTILITY EASEMENT 30 PROPERTY LINE LENGTH 31 EXISTING SIDEWALK Exhibit 4 Looking Northwest Near Corner of 35th Ave & Van Buren Looking South from Melvin Looking South from 35th Ave Exhibit 5 Mod Del Mod W MELVIN ST PRIVATE DR N 35TH AVE ALLEY PRIVATE DR ALLEY W VAN BUREN ST C-3 C-3 C-3 C-2* R-3 P-1* C-2 A-2 Planning & Development Department PHO-2-24--Z-1-93-7(4) Property Location: Northwest corner of 35th Avenue and Van Buren Street 0 75 150 37.5 Feet ´ W MELVIN ST N 35TH AVE PRIVATE DR ALLEY ALLEY W VAN BUREN ST C-3 C-3 C-3 C-2* R-3 P-1* C-2 A-2 mapservices@phoenix.gov Planning & Development Department PHO-2-24--Z-1-93-7(4) Property Location: Northwest Corner of 35th Avenue and Van Buren Street 0 75 150 37.5 Feet ´ A.P.N. 106-15-173A P-1 ZONE A.P.N. 106-15-171 C-2 ZONE A.P.N. 106-15-169 C-2 ZONE A.P.N 106-15-166 C-2 ZONE 11 9 10 12 13 3 2 4 3'-0" 14 12'-0" 12'-0" 17 16 20 7 11 8'-0" 9'-6" 9'-6" 9'-6" 9'-6" 20'-0" VAN BUREN STREET 35TH AVENUE MELVIN STREET 18'-0" PANDA EXPRESS TYPE V-B CONSTRUCTION 2,621 SQ. FT. 12'-0" 12'-0" 8 9'-6" 20'-0" 31'-71 2" 1 5 6 8 7 15 18 19 12'-0" 8 25'-0" 7'-0" 7 9'-6" 18'-0" 8'-0" 12'-0" 30'-0" 120'-11 2" 3 9'-6" 25'-0" 20'-0" 7'-0" 7'-0" 70'-11" 12'-0" 9'-6" 20'-0" 145'-0" 40'-0" 5'-0" 8'-0" 7'-8" 8'-6" 15'-9" 17'-101 2" 20'-0" CL CL EXISTING PUBLIC ALLEY PROPOSED PUBLIC ALLEY RELOCATION APN: 106-15-173A R-3 ZONE APN: 106-15-175 R-3 ZONE APN: 106-15-190 C-3 ZONE 8'-0" 10'-0" 25'-0" BUILDING SETBACK 25'-0" BUILDING SETBACK 5'-0" LANDSCAPE SETBACK 5'-0" LANDSCAPE SETBACK 7'-0" 7'-0" SIDEWALK DEDICATION 7'-0" 3 40'-0" 31'-101 2" 31'-71 2" 20'-0" 10'-0" 5'-0" 7'-0" SIDEWALK DEDICATION 10'-0" 4'-111 2" 10'-4" 5'-0" 10'-0" 1'-2" LANDSCAPE SETBACK 5'-0" LANDSCAPE SETBACK 5'-0" 10'-0" 17'-4" LANDSCAPE SETBACK 11'-11 2" 4'-1" 16'-0" 10'-11 2" 25'-0" BUILDING SETBACK 10'-0" BUILDING SETBACK 5'-0" LANDSCAPE SETBACK 5'-0" LANDSCAPE SETBACK 10'-0" BUILDING SETBACK 10'-0" BUILDING SETBACK 10'-0" BUILDING SETBACK PREVIOUS PUBLIC ALLEY DEDICATION C-3 ZONE 6" 10'-0" 5'-0" 8'-6" A.P.N 106-15-167 C-2 ZONE A.P.N. 106-15-165 C-2 ZONE A.P.N. 106-15-174 C-3 ZONE 108'-11" 74'-6" A.P.N. 106-15-172 C-3 ZONE A.P.N. 106-15-168 C-2 ZONE A.P.N. 106-15-170 C-2 ZONE 24'-41 2" 28'-6" 66'-6" 28'-6" 174'-8" 14'-4" 15'-1" 32'-0" 31'-91 2" 30'-2" 76'-01 2" 17'-111 2" FH FH 9'-6" 1 4 4 4 4 5 7 8 10 11 12 13 14 14 15 15 17 10 24 18 6 21 1 1 1 22 22 22 9 21 4 4 4 11 11 11 11 1 4 18 178'-0" 21-3 1/2' 246' -9 1/2" 173'-0" 46'-5" 56'-0" 40'-5" 26'-0" 119'-5" 6 9 31 28 20 25 11 29 29 29 29 29 4 4 3 4 10 4 26 18 10 4 26 2 25 25 7 16 4 26 4 23 27 4 29 29 29 29 26 29 9 26 30 29 31 ARCH PROJECT #: PANDA PROJECT #: DRAWN BY: ISSUE DATE: REVISIONS: All ideas, designs, arrangement and plans indicated or represented by this drawing are the property of Panda Express Inc. and were created for use on this specific project. None of these ideas, designs, arrangements or plans may be used by or disclosed to any person, firm, or corporation without the written permission of Panda Express Inc. 1683 Walnut Grove Ave. Rosemead, California 91770 Telephone: 626.799.9898 Facsimile: 626.372.8288 PANDA EXPRESS, INC. PANDA STORE #: 23-069 RR/BP/CJ - S8-25-D28063 PHOENIX, AZ 85009 3502 W VAN BUREN ST. PANDA EXPRESS 1ST PRE APP. SUBMITTAL 06-08-23 1ST & ASSOCIATES, INC. GARY WANG 2ND 3RD 1ST VARIANCE SUBMITTAL 10-24-23 10-24-23 1ST USE PERMIT SUB. 10-24-23 A-100 N A-100 D Scale= NTS VICINITY MAP 1 2 3 4 5 10 11 12 13 A-100 A Scale= 1" = 20' SITE PLAN A-100 E Scale= NTS KEY NOTES A-100 B Scale= NTS TEAM DIRECTORY ARCHITECTURAL SITE PLAN 14 APPLICANT RUBEN RODELA, PROJECT MANAGER GARY WANG, AIA GARY WANG & ASSOCIATES 1000 CORPORATE CENTER DR., SUITE # 550, MONTEREY PARK, CA 91754 T: 626.288.6898 DEVELOPER PROPERTY OWNER SK&M INVESTMENTS, INC. 2255 AIRWAY AVE KINGMAN AZ, 86409 RESTAURANT AREA 2,621 S.F. EMPLOYEES BUILDING CODE ANALYSIS OCCUPANCY CLASSIFICATION TYPE OF CONSTRUCTION FIRE SPRINKLER OCCUPANT LOAD AREA STORY HEIGHT GROUP A-2 (ASSEMBLY) V-B SPRINKLERED PROVIDED 23'-3" 1 REQUIRED / ALLOWED - - - - 2,621 SQ.FT. 72 PANDA EXPRESS SITE INFORMATION 47,109 SQ. FT. (1.08 ACRE) 0.055 4,996 SQ. FT. LOT AREA LOT COVERAGE (FLOOR AREA RATIO) LANDSCAPE PROVIDED PARKING REQUIREMENTS: PANDA EXPRESS PARKING RATIO PARKING REQUIRED PARKING PROVIDED 47 C-2 (INTERMEDIATE COMMERCIAL) C-3 (GENERAL COMMERCIAL) P-1 ( PASSENGER AUTOMOBILE PARKING) PROPERTY ZONE / CLASSIFICATION FREESTANDING RESTAURANT WITH A DRIVE-THRU PROPERTY TYPE / UNIQUE CHARACTERISTICS TOTAL 19 ADJACENT ZONING DISTRICTS 1/50 SF OF DINING AREA 47 19 APN # 106-15-165, 106-15-166, 106-15-167, 106-15-168, 106-15-169, 106-15-170, 106-15-171, 106-15-172, 106-15-173A, 106-15-174 ADA 1 1 TO 24 SPACES: 1 ADA DESIGNATED ACCESSIBLE PARKING SPACE TRASH ENCLOSURE LANDSCAPE AREA ACCESSIBLE STRIPED PATH OF TRAVEL PROPOSED PYLON SIGN 6 7 8 9 CURB RAMP & SIDEWALK 15 16 17 18 NUMBER OF STALLS WALKWAY NEW PUBLIC SIDEWALK THANK YOU / DO NOT ENTER SIGN DRIVE-THRU SPEAKER BOX DRIVE-THRU MENU BOARD CLEARANCE BAR DRIVE-THRU LANE R-3 (MULTIFAMILY RESIDENTIAL) C-3 (GENERAL COMMERCIAL) DRIVE-THRU QUEUE LENGTH: 199'-7" 2 PROPOSED PANDA EXPRESS STEVE BLEVINS PANDA EXPRESS 1683 WALNUT GROVE AVE. ROSEMEAD, CA 91770 T: 626.372.8288 PROPERTY LINE EXISTING/PROPOSED SETBACKS 8' HIGH CMU BLOCK WALL STRIPING CONCRETE LANDSCAPE A-100 F Scale= NTS LEGEND 19 20 STREET LIGHT TO BE RELOCATED EXISTING STREET LIGHT TO REMAIN AND PROTECT IN PLACE 21 EXISTING ELECTRICAL POLE TO REMAIN AND PROTECT IN PLACE 22 EXISTING FIRE HYDRANT TO REMAIN AND PROTECT IN PLACE A-100 G Scale= NTS PROJECT INFO A-100 C Scale= NTS CITY STAMP USE ONLY N 23 950SF/50 CALCULATION - PROPERTY LINE 24 3 EMPLOYEES / SHIFT (2 SHIFTS PER DAY) STRIPING, TYP. 25 26 27 28 29 BUS STOP PAD PER CITY OF PHOENIX DETAIL P1258 AND P1260 6' TALL WROUGHT IRON FENCE. LENGTH: 118'-2 3/4" PROPOSED DRIVEWAY ENTRANCE PER CITY OF PHOENIX DETAIL P1225-2 8' TALL CMU SCREEN WALL. LENGTH: 170'-5 1/2" 3' TALL CMU SCREEN WALL EXISTING BUS STOP TO REMAIN IN PLACE PROPOSED DRIVEWAY ENTRANCE PER CITY OF PHOENIX DETAIL P1243 15' TALL LIGHT POLE 6' HIGH WROUGHT IRON FENCE 3' HIGH CMU BLOCK WALL 6'-0" ELECTRIC EASEMENT 8'-0" SEWER EASEMENT 16'-0" TEMPORARY 7'-0" TELEPHONE/TELEGRAPH EASEMENT CONSTRUCTION EASEMENT 16'-0" PUBLIC UTILITY EASEMENT 30 PROPERTY LINE LENGTH 31 EXISTING SIDEWALK PHO-2-24--Z-1-93-7(4) Proposed Conceptual Site Plan Hearing Date: June 12, 2024 PHO-2-24--Z-14-93-7(4) Stipulated Site Plan Hearing Date: June 12, 2024 PHO-2-24--Z-1-93-7(4) Proposed Conceptual Elevations Hearing Date: June 12, 2024 PHO-2-24--Z-1-93-7(4) Stipulated Elevations Hearing Date: June 12, 2024 REPORT OF PLANNING HEARING OFFICER ACTION Adam Stranieri, Planner III, Hearing Officer Bradley Wylam, Planner I, Assisting February 16, 2022 ITEM NO: 2 DISTRICT 4 SUBJECT: Application #: PHO-1-21--Z-1-93-7(4) (Continued from January 19, 2022) Location: Northwest corner of Van Buren Street and 35th Avenue Zoning C-2 Acreage: 1.15 Request: 1) Modification of Stipulation 1 regarding general conformance with the site plan dated November 23, 1992. 2) Modification of Stipulation 2 regarding a bus stop on the north side of Van Buren Street. 3) Modification of Stipulation 3 prohibiting access to Melvin Street Applicant: Bill Allison, Withey Morris PLC Owner: SK&M Investments Representative: Bill Allison, Withey Morris PLC ACTIONS: Planning Hearing Officer Recommendation: The Planning Hearing Officer recommended approval with modifications and additional stipulations. Village Planning Committee (VPC) Recommendation: The Estrella Village Planning Committee heard this request on December 21, 2021 and recommended approval by a vote of 6-0. DISCUSSION: This item was heard concurrently with Item #3 (PHO-1-21--Z-23-95-7(4)). William Allison, representative with Withey Morris PLC, provided an overview of the subject site, original rezoning cases, and previous uses that have existed on the subject site. He reviewed the unanimous approval from the Estrella Village Planning Committee and noted that the case was continued from the January 19, 2022 PHO hearing. He noted that the proposed conceptual site plan has been modified to address department comments from the Public Transit and Street Transportation Departments. He stated that the proposed conceptual site plan depicts a convenience store and gas station. He reviewed the proposed requests Planning Hearing Officer Summary of February 16, 2022 Application PHO-1-21—Z-1-93-7(4) Page 2 and noted the changes made to the original request in response to the comments from the Public Transit Department. Adam Stranieri, Planning Hearing Officer, provided an overview of the Estrella Village Planning Committee and the continuance from the January 19, 2022 PHO hearing. He noted that the applicant has been working with the Public Transit and Street Transportation Departments regarding a bus bay and sidewalk improvements to the proposed conceptual site plan. He stated that the proposed conceptual site plan is compatible with other commercial development in the area. He recommended that the proposed modification of Stipulation 2 be approved with a modification to match the recommendation from the Public Transit Department comment. He recommended that the proposed modification to Stipulation 3 be approved with a modification to prohibit vehicular access to Melvin Street while allowing pedestrians to access the site on the north side of the property. He stated that the Street Transportation Department recommended three additional stipulations which are recommended to be included. FINDINGS: 1) The request to modify Stipulation 1 is recommended to be approved with a modification to provide standard general conformance language. The stipulated site plan depicted a drive-through restaurant with the drive- through along the west property line exiting directly onto Van Buren Street. This has been demolished and the site is currently vacant. The proposed conceptual site plan depicts a convenience store and gas station with pump island canopies situated along Van Buren Street. The scale and intensity of the proposal are compatible with its location at the intersection of two arterial streets and consistent with other commercial development in the immediate vicinity. The Public Transit Department indicated support for the revised site plan date stamped February 11, 2022. The revised site plan proposed placement of a bus pad on westbound Van Buren Street closer to the intersection with 35th Avenue. They noted the site is at a critical transfer point for two heavily used bus routes. The pad’s proper location closer to the intersection is essential for the safety and efficiency of the City’s transit system. 2) The request to modify Stipulation 2 is recommended to be approved with a modification to replace the existing stipulation with updated language regarding a bus stop pad along westbound Van Buren Street, west of 35th Avenue. In their narrative, the applicant argued that the bus stop referenced in Stipulation 2 exists and that the language requiring this infrastructure can be removed. They proposed replacing the stipulation Planning Hearing Officer Summary of February 16, 2022 Application PHO-1-21—Z-1-93-7(4) Page 3 with new language addressing pedestrian pathways and shading requirements. However, the Public Transit Department does not support this request and clarified that the original stipulation has not been met. They noted that the existing bus stop referenced in the applicant’s narrative is located on the adjacent parcel to the west and that this stop does not meet City standards for spacing from a major intersection as stated in City of Phoenix Standard Detail P1258. The Public Transit Department comments are consistent with the Planning Department Staff Report dated January 13, 1993 for the original rezoning case which provided the rationale for Stipulation 2 when it was established. This staff report stated that the existing bus stop on the north side of Van Buren Street, far side of 35th Avenue, is located too far to the west. Staff recommended Stipulation 2 to eliminate this inconsistency and provide guidance for the appropriate City standards and details for the proposed new bus stop. As the bus stop has not been constructed per Stipulation 2, following City Council approval of the original rezoning case, this same issue remains. The Public Transit Department further noted that the proposed modification would eliminate the requirement for a bus stop on this site which is an important transfer point for the City of Phoenix transit system. According to the 2019 Valley Metro Origin/Destination survey, 336 riders transfer daily between Route 3 on Van Buren Street and Route 35 on 35th Avenue, making this location one of the busiest areas for bus transfers in the region’s transit system. Finally, Public Transit Department staff noted that on October 6, 2021, the Phoenix City Council approved the first Bus Rapid Transit (BRT) line in the City’s history. This high-capacity transit service will operate along Van Buren Street from Central Avenue to 35th Avenue and along 35th Avenue north to the Metrocenter site. Future BRT riders who wish to continue west along Van Buren Street must transfer to regular bus service at the bus stop that should be located on the subject site of this case. The demand for a properly designed bus stop has only increased since the City Council approved the original Stipulation 2 in 1993 and will continue to increase due to the recent Council approved BRT service. The recommendation to provide updated language regarding the required bus stop pad is consistent with the recommendation of the Public Transit Department. The applicant submitted a revised site plan that addresses this recommendation which is further described in Finding #1. Planning Hearing Officer Summary of February 16, 2022 Application PHO-1-21—Z-1-93-7(4) Page 4 3) The request to modify Stipulation 3 is recommended to be approved with a modification to clarify that vehicular access to Melvin Street is prohibited. The proposed modification will allow pedestrian access to the site from the neighborhood to the north, while clarifying that vehicular access is prohibited, which will prohibit commercial traffic on a local street with existing residences. 4) The Street Transportation Department recommends an additional stipulation requiring that any driveway proposed along Van Buren Street be restricted to right-in/right-out movements only. This stipulation is recommended for inclusion. Street Transportation Department staff noted that the recommendation is not intended to require a driveway along Van Buren Street; however, any proposed driveways must be restricted to right-in/right-out because of the subject site’s proximity to the existing signalized intersection and not meeting the City standard for access control, resulting in conflicting turning movements. 5) The Street Transportation Department recommends two additional stipulations regarding a detached sidewalk along the west side of 35th Avenue and a sidewalk easement along both 35th Avenue and Van Buren Street. These stipulations are recommended for inclusion. Street Transportation Department staff noted that 35th Avenue is identified as a D-Cross Section on the City Council approved Street Classification Map. The D-Section requires detached sidewalks. The Street Classification Map also requires a total of 50-foot right-of-way dedication allowing the last 10 feet to be sidewalk easement. The current ROW along both frontages is 40-feet and therefore Street Transportation is requesting the 10-foot sidewalk easement dedication to comply with the Street Classification Map. STIPULATIONS: 1. That THE development shall be in general conformance with the site plan DATE STAMPED FEBRUARY 11, 2022 dated November 23, 1992, as may be modified by the FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND Development Services Department through the Development Review process to meet Zoning Ordinance requirements. 2. That a far side bus stop on the north side of Van Buren Street shall be provided as approved by the Development Services Department. Access shall be provided from the bus stop to the restaurant in accordance with Planning Hearing Officer Summary of February 16, 2022 Application PHO-1-21—Z-1-93-7(4) Page 5 the Americans with Disabilities Act requirements as approved by the Development Services Department. 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 CITY OF PHOENIX STANDARD DETAIL P1258, AS APPROVED OR MODIFIED BY THE PUBLIC TRANSIT DEPARTMENT. 3. That no VEHICULAR access shall be provided to Melvin Street SHALL BE PROHIBITED unless a variance to reduce the required drive-thru queuing space is denied. 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 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 STREET AND THE 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 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. Planning Hearing Officer Summary of February 16, 2022 Application PHO-1-21—Z-1-93-7(4) Page 6 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 Les Scott at 602-376-3981 or TTY: 7-1-1. ESTRELLA VILLAGE PLANNING COMMITTEE MINUTES Tuesday, December 21, 2021 Meeting was held electronically via a video conferencing platform MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Mark Cardenas, Chair Parris Wallace, Vice Chair Serika Ademolu Kevin Danzeisen Lisa Perez Dan Rush Bill Barquin Beth Cartwright Dafra Joel Sanou Enrique Bojórquez 1. Call to order, introduction of committee members, and announcements by the chair. The meeting was called to order at 6:02pm by Chair Mark Cardenas with a quorum of 6 members present, 5 being required for a quorum. 2. Review and approval of the November 16, 2021, meeting minutes. Chair Cardenas asked for a motion to approve the minutes as presented. MOTION Mr. Mark Cardenas made a motion to approve the minutes as presented. Mr. Dan Rush seconded the motion. VOTE 6-0, motion passed; None in dissent. 3. Public comments concerning items not on the agenda. None. 4. PHO-1-21--Z-1-93-7(4): Presentation, discussion, and possible recommendation regarding a request to modify stipulations of entitlement for the property located at the northwest corner of 35th Avenue and Van Buren Street. Request to modify stipulation number 1 regarding general conformance to the site plan dated November 23, 1992. Request to modify stipulation number 2 regarding a bus stop on the north side of Van Buren Street, and request to modify stipulation number 3 prohibiting access to Melvin Street. 5. PHO-1-21--Z-23-95-7(4): Presentation, discussion, and possible recommendation regarding a request to modify stipulations of entitlement for the property located approximately 175 feet west of the southwest corner of 35th Avenue and Melvin Street. Request to modify stipulation number 1 regarding pedestrian and vehicular access to Melvin Street. Request to modify stipulation number 2 regarding a 20-foot landscape setback along Melvin Street, and request to modify stipulation number 3 regarding a 6-foot masonry screen wall. Request to delete stipulation number 4 regarding use of parking. Estrella Village Planning Committee Minutes – December 21, 2021 Page 2 of 5 Cases PHO-1-21--Z-1-93-7(4) and PHO-1-21--Z-23-95-7(4) were heard concurrently. No members of the public registered to speak on these items. Enrique Bojórquez, staff, introduced himself and provided a concurrent presentation on both cases noting the location of the site, existing zoning, and proposed use. The requested modifications to the case stipulations for PHO-1-21-Z--1-93-7(4) and PHO-1- 21--Z-23-95-7(4) were presented and the new proposed site plan was shown. He then invited the applicant to provide a brief presentation to the committee. Adam Baugh, Withey Morris PLC, introduced himself as the applicant and stated that he was covering for his colleague William Allison who worked on these cases. He discussed the location and background history of the site, noting the existing zoning districts. He discussed the proposed development, site plan, stipulation modifications requested and concluded by requesting an approval of both requests. Chairman Cardenas asked for questions or discussion from the committee. Lisa Perez asked if Mr. Rush was notified by this applicant on the proposed development. Dan Rush stated that he did not receive a notice but has no issues at the moment. Mr. Baugh stated that all letters were mailed to those listed in their notification documents. Ms. Perez stated that she understands, but Mr. Rush did not receive this letter. This area has a lot of traffic issues and asked for input from Mr. Rush and Vice Chair Wallace who are familiar with the area. Mr. Rush stated that this appears to be a good development of the site, as there are no gas stations south of Van Buren Street. Vice Chair Wallace does not see a major issue with this development. Ms. Perez asked for clarification on street access, north landscape setback and potential user of the site. Mr. Baugh discussed the access points to the site, and the increased landscape setback along the north property line. He is unable to disclose the user of this site. Chairman Cardenas asked for further discussion or a motion on each case. MOTION – PHO-1-21--Z-1-93-7(4): Mr. Danzeisen motioned to approve the modifications as requested by the applicant. Chairman Cardenas seconded the motion to approve. Estrella Village Planning Committee Minutes – December 21, 2021 Page 3 of 5 VOTE – PHO-1-21--Z-1-93-7(4): 6-0, motion passed; Members Ademolu, Danzeisen, Perez, Rush, Wallace and Cardenas in favor; None in dissent. MOTION – PHO-1-21--Z-23-95-7(4): Chairman Cardenas motioned to approve the modifications as requested by the applicant. Mr. Rush seconded the motion to approve. VOTE – PHO-1-21-Z--23-95-7(4): 6-0, motion passed; Members Ademolu, Danzeisen, Perez, Rush, Wallace and Cardenas in favor; None in dissent. 6. Discussion and possible recommendation regarding nominations and elections of Chair and Vice Chair for 2022. Chairman Cardenas asked for nominations to be made for Chair. He then nominated Parris Wallace to serve as Chair in 2022. Vice Chair Wallace declined the nomination. Committee member discussion. Vice Chair Wallace nominates Mark Cardenas as Chair for 2022. Chairman Cardenas accepted the nomination and asked for other nominations to be made. VOTE: Mr. Cardenas: 5-0-1 Motion passed; Members Ademolu, Danzeisen, Rush, Wallace and Cardenas in favor; None in dissent; Member Perez abstained. Chairman Cardenas opened the floor for nominations of Vice Chair for 2022. He then nominated Parris Wallace as Vice Chair for 2022. Vice Chair Wallace accepted the nomination. Chairman Cardenas asked for other nominations to be made. VOTE: Ms. Wallace: 6-0 Motion passed; Members Ademolu, Danzeisen, Perez, Rush, Wallace and Cardenas in favor; None in dissent. Chairman Cardenas was elected Chair for 2022, while Vice Chair Wallace was elected as Vice Chair for 2022.