Attachment D - PHO Application - PHO-2-24--Z-23-95-7(4).pdf

To: 
Date: May 10, 2024
From: 
Departments Concerned 
Joshua Bednarek
Planning & Development Department Director 
Subject: P.H.O. APPLICATION NO. PHO-2-24--Z-23-95-7(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-23-95-7(4) 
Council District: 4 
 
Request For: Stipulation Modification 
Reason for Request: Request to modify Stipulation 1 regarding general conformance with the site plan date stamped February 
11, 2022.; Request to delete Stipulation 2 regarding vehicular access to Melvin Street. 
 
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: Approximately 175 feet west of the southwest corner of 35th Avenue and Melvin Street 
Acreage: 0.23 
 
Geographic Information 
 
 
Zoning Map 
APN 
Quarter Section 
F6 
106-15-173A 
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. 
 
 
 
Signature: ____________________________________________________     DATE: ___________________ 
 
Fee Information 
 
 
 
Fee 
Fee Waived 
Fee Date 
Purpose 
$1,080.00 
$0.00 
04/10/24 
PHO (1-2 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

W MELVIN ST
N 35TH AVE
PRIVATE DR
PRIVATE DR
ALLEY
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-23-95-7(4)
Property Location: Approximately 175 feet west of the southwest corner of 
                                 35th Avenue and Melvin Street  
0
75
150
37.5
Feet ´

PRIVATE DR
PRIVATE DR
N 35TH AVE
W MELVIN ST
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-23-95-7(4)
Property Location: Approximately 175 feet west of the southwest corner of 
                                 35th Avenue and Melvin Street  
0
60
120
30
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-23-95-7(4)
Proposed Conceptual Site Plan
Hearing Date: June 12, 2024

PHO-2-24--Z-23-95-7(4)
Stipulated Site Plan
Hearing Date: June 12, 2024

PHO-2-24--Z-23-95-7(4)
Proposed Conceptual Elevations
Hearing Date: June 12, 2024

PHO-2-24--Z-23-95-7(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: 3 
 
 
DISTRICT 4 
SUBJECT: 
 
 
 
Application #: 
PHO-1-21--Z-23-95-7(4) (Continued from January 19, 2022) 
Location: 
Approximately 175 feet west of the southwest corner of 35th 
Avenue and Melvin Street 
Zoning:  
P-1 
Acreage:  
0.23 
Request: 
1) Modification of Stipulation 1 regarding pedestrian and 
vehicular access to Melvin Street. 
2) Modification of Stipulation 2 regarding a 20-foot 
landscape setback along Melvin Street. 
3) Modification of Stipulation 3 regarding a 6-foot masonry 
screen wall. 
4) Deletion of Stipulation 4 regarding use of parking. 
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 case was heard concurrently with Item #2 (PHO-1-21--Z-1-93-7(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

Planning Hearing Officer Summary of February 16, 2022 
Application PHO-1-21—Z-23-95-7(4) 
Page 2 
 
 
depicts a convenience store and gas station. He reviewed the proposed requests 
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 recommended that the 
proposed modification to Stipulation 1 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 recommended that the proposed modification 
to Stipulation 2 regarding the landscape setback along Melvin Street be 
approved with a modification to delete the stipulation. He noted that the proposed 
conceptual site plan complies with the current Ordinance, which is more 
restrictive than the existing stipulation. He recommended that the proposed 
modification to Stipulation 3 regarding a 6-foot masonry screen wall be approved 
with a modification to delete the stipulation. He noted that the proposed 
conceptual site plan depicts pedestrian access points along Melvin Street and 
this would allow better visibility and improve safety on the site. He also noted that 
the current Ordinance has a more restrictive standard for walls along interior 
property lines between commercial and residential properties and recommended 
that this standard apply, rather than the existing, outdated stipulation language. 
He recommended that the proposed deletion of Stipulation 4 regarding the use of 
parking be approved. He noted that in the original case, there were concerns 
regarding overflow parking for a nearby tavern that is no longer present in the 
area. He noted that the current Ordinance has standards for shared parking 
models and off-site parking if this type of parking was needed in the future.  He 
stated that it is recommended to include an additional stipulation regarding 
general conformance with the conceptual site plan proposed in companion case 
PHO-1-21—Z-1-93-7(4), which would provide consistency when the applicant 
combines the parcels as part of the proposed development. 
 
FINDINGS: 
 
1) The request to modify Stipulation 1 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. 
 
2) The request to modify Stipulation 2 is recommended to be approved with a 
modification to delete the stipulation in its entirety.  At the time the 
stipulation was established, the landscape setback standard for this

Planning Hearing Officer Summary of February 16, 2022 
Application PHO-1-21—Z-23-95-7(4) 
Page 3 
 
 
location was less restrictive than the same standard in the current Zoning 
Ordinance.  Further, the proposed conceptual site plan complies with the 
current Ordinance’s landscaping requirement in this location.  Therefore, 
this stipulation can be deleted. 
 
3) The request to modify Stipulation 3 is recommended to be approved with a 
modification to delete the stipulation in its entirety.  At the time the 
stipulation was established, there was a desire to completely screen the 
property line along Melvin Street.  However, the proposed conceptual site 
plan depicts pedestrian access points and a significantly altered layout 
from the original proposal.  The applicant also argued that removing this 
requirement for Melvin Street would allow better visibility and improve 
safety on the site.  Removing this requirement would improve the 
pedestrian environment in this location. 
 
Regarding the west property line, there is a current Zoning Ordinance 
standard that addresses wall requirements for newly developed 
commercial properties with common property lines shared with properties 
zoned for residential uses (Section 703.A.3.b.(1)) that is more restrictive 
than the current stipulation.  Therefore, Stipulation 3 should be deleted 
and the current Ordinance standards applied. 
 
4) The request to delete Stipulation 4 is recommended to be approved.  This 
stipulation was established to address concerns regarding potential 
overflow parking from a tavern that was previously located in the 
immediate vicinity.  This tavern is no longer present, and the proposed 
conceptual site plan depicts the use of this site as parking for this project 
alone.  Further, the Zoning Ordinance contains current standards that 
address parking for off-site uses that would be enforced if this was ever 
proposed.  The stipulation is unnecessary and outdated. 
 
5) An additional stipulation is recommended to require general conformance 
to the conceptual site plan proposed in companion case PHO-1-21--Z-1-
93-7(4).  There is no general conformance stipulation in this case 
currently, but the subject property is depicted on the site plan in the 
companion case.  Adding this stipulation will provide consistency with the 
companion case given that the applicant will be combining the parcels as 
part of the proposed development. 
 
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.

Planning Hearing Officer Summary of February 16, 2022 
Application PHO-1-21—Z-23-95-7(4) 
Page 4 
 
 
STIPULATIONS: 
 
1. 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH 
THE SITE PLAN DATE STAMPED FEBRUARY 11, 2022, AS MODIFIED 
BY THE FOLLOWING STIPULATIONS AND APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
2. 
1. 
That no pedestrian or Vehicular access shall be allowed to Melvin Street 
SHALL BE PROHIBITED. 
 
 
2. 
That a 20 foot landscape setback be provided along Melvin Street. 
 
 
3. 
That a six (6) foot masonry screen wall be provided behind the Melvin 
Street setback and along the west property line and contain heavy 
landscaping. 
 
 
4. 
That the approved parking not be used to support additional commercial 
development intensity in the area. 
 
 
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 
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.

REPORT OF PLANNING HEARING OFFICER ACTION  
Adam Stranieri, Planner III, Hearing Officer  
Bradley Wylam, Planner I, Assisting  
 
January 19, 2022 
 
ITEM NO: 2 
 
 
DISTRICT 4 
SUBJECT: 
 
 
 
Application #: 
PHO-1-21--Z-23-95-7(4) 
Location: 
Approximately 175 feet west of the southwest corner of 35th 
Avenue and Melvin Street 
Zoning:  
P-1 
Acreage:  
0.23 
Request: 
1) Modification of Stipulation 1 regarding pedestrian and 
vehicular access to Melvin Street. 
2) Modification of Stipulation 2 regarding a 20-foot 
landscape setback along Melvin Street. 
3) Modification of Stipulation 3 regarding a 6-foot masonry 
screen wall. 
4) Deletion of Stipulation 4 regarding use of parking. 
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 a continuance to the February 16, 2022 agenda. 
 
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 case was heard concurrently with Item #1 (PHO-1-21--Z-1-93-7(4)). 
 
William F. Allison, representative with Withey Morris, requested a continuance to 
the February 16, 2022 Planning Hearing Officer hearing. He stated that he would 
continue to work with the Street Transportation Department and Public Transit 
Department to address staff recommendations.

Planning Hearing Officer Summary of January 19, 2022 
Application PHO-1-21—Z-23-95-7(4) 
Page 2 
 
 
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.