Attachment C - PHO Summary - PHO-2-24--Z-23-95-7(4).pdf

ITEM NO: 3 
DISTRICT NO. 4 
SUBJECT: 
Application #: 
PHO-2-24--Z-23-95-7(4) 
Location: 
Approximately 175 feet west of the southwest corner of 35th 
Avenue and Melvin Street 
Zoning: 
P-1
Acreage: 
0.22 
Request: 
1) Request to modify Stipulation 1 regarding general
conformance with the site plan date stamped February
11, 2022.
2) Request to delete Stipulation 2 regarding vehicular
access to Melvin Street.
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 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 
right turn only on Melvin Street for the site. He stated they have modified the site plan to 
ATTACHMENT C
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-2-24—Z-23-95-7(4) 
Page 2 
 
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.  
 
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. 
 
1) The request to delete Stipulation 2 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 intersection of Melvin Street and 35th Ave. 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. 
 
STIPULATIONS: 
 
1. 
The development shall be in 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. 
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.

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-2-24—Z-23-95-7(4) 
Page 3 
 
3. 
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. 
 
Upon request, this publication will be made available within a reasonable length of time 
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accommodation, please contact Teleia Galaviz at teleia.galaviz@phoenix.gov or (602) 
291-2559 or TTY: 7-1-1