Attachment C - PHO Summary - PHO-1-24--Z-69-08-8.pdf

REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
June 12, 2024 
ITEM NO: 6 
DISTRICT NO. 8 
SUBJECT: 
Application #: 
PHO-2-24--Z-69-08-8 
Location: 
Northwest corner of 36th Street and Southern Avenue 
Zoning: 
C-1
Acreage: 
5.00 
Request: 
1) Request to modify Stipulation 1 regarding general
conformance with the site plan date stamped October 18,
2021.
2) Request to modify Stipulation 4 regarding the number of
bicycle parking spaces.
Applicant: 
Taylor C. Earl, Earl & Curley, PC 
Owner: 
Ryan Hartman, 36th St & Southern NWC, LLC 
Representative: 
Taylor C. Earl, Earl & Curley, PC 
ACTIONS: 
Planning Hearing Officer Recommendation:  The Planning Hearing Officer 
recommended approval with modifications and additional stipulations. 
Village Planning Committee (VPC) Recommendation:  The South Mountain 
Village Planning Committee heard the request on June 11, 2024 and 
recommended approval with modifications and additional stipulations by a vote of 
13-0-1.
DISCUSSION: 
Taylor Earl, representative of Earl & Curley PC 3101 North Central Avenue, gave 
an overview of the modification requests. He stated the village added language 
to stipulate the plan as it relates to the site plan and landscape plan layout. He 
stated there will not be any fundamental change to the community with the new 
plans. He stated the VPC added a stipulation regarding sidewalks that they 
agreed to.  
Byron Easton, Planning Hearing Officer, asked Mr. Earl if he was aware that the 
there was general conformance to the landscape plan.   
ATTACHMENT C

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-2-24—Z-69-08-8 
Page 2 
 
Mr. Earl stated it was discussed at the VPC meeting and they were ok with 
general conformance to the landscape plan. 
 
Mt. Easton recommended approval with a modification to Request 1. He 
recommended approval with a modification to Request 2. He recommended an 
additional stipulation per the VPC regarding a minimum 5-foot landscape strip 
between the sidewalk and back of curb. 
 
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.   
 
As planned, there are two parcels that will be developed with a single-
family townhome development with opportunities for home ownership.  
Parcel A and Parcel B were the subjects of two separate zoning cases 
and have two separate PHO applications.  This case, PHO-2-24--Z-69-08-
8, is for the southern Parcel A and will feature 40 townhomes, with a gross 
density of 8.0 dwelling units per acre.  The maximum building height 
proposed is 30 feet and two stories. The project would provide 4.86 acres 
of open space, which equates to approximately 26 percent of the site 
(gross). The landscape pallet will incorporate the use of drought tolerant 
trees and groundcovers that will provide a sense of identity and be 
compatible with the neighborhood and environmental conditions of the 
region. This is consistent with the stipulated site plan that featured a 
multifamily rental product with a very similar layout, height and density. 
 
2) The request to modify Stipulation 4 regarding required the number of 
required bicycle parking spaces is recommended to be approved with a 
modification. The phrasing of the original stipulation makes sense for a 
traditional multifamily development however, the residents of this 
townhome community will all have garages, backyards and first-floor living 
space to store their bicycles. The applicant is still proposing the installation 
of four bicycles parking spaces to accommodate anyone cycling to the 
open space area. 
 
3) The South Mountain Village Planning Committee recommended additional 
stipulations regarding detached sidewalks along 36th Street and a 
requirement to review future building elevations prior to final site plan 
approval.  These stipulations are intended to address concerns raised by 
the public and the VPC in regard to the future attractiveness of the 
development and proposed housing product. 
 
STIPULATIONS:

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-2-24—Z-69-08-8 
Page 3 
 
1. 
The development shall be in general conformance with the site plan date 
stamped APRIL 25, 2024 AND THE LANDSCAPE PLAN DATE 
STAMPED JUNE 11, 2024 October 18, 2021, as modified by the following 
stipulations and approved by the Planning and Development Department. 
 
 
2. 
The development shall comply with Mixed-Use Agricultural (MUA) Zoning 
District standards pertaining to quantity and type of landscape materials 
and parking lot landscaping standards, as approved or modified by the 
Planning and Development Department. 
 
 
3. 
Building elevations shall be developed to the following standards, as 
approved by the Planning and Development Department. 
 
 
 
a. 
Building elevations shall contain multiple colors, exterior accent 
materials and textural changes that exhibit quality and durability such 
as brick, stone, colored textured concrete, or stucco, to provide a 
decorative and aesthetic treatment. 
 
 
 
b. 
All building elevations shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, 
variation in window size and location, and/or overhang canopies. 
 
 
4. 
The developer shall provide 4 secured bicycle parking SPACES for 
residents at a minimum rate required by Chapter 13, Section 1307.H for 
multi-family development, as approved by the Planning and Development 
Department. 
 
 
5. 
If determined necessary by the Phoenix Archaeology Office, the applicant 
shall conduct Phase I data testing and submit an archaeological survey 
report of the development area for review and grubbing, landscape 
salvage, and/or grading approval. 
 
 
6. 
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. 
 
 
7. 
If any archaeological materials are encountered during construction, the 
contractor shall cease all ground disturbing activities within 33 feet of the 
discovery and notify the City of Phoenix Archaeology Office immediately to 
allow time to properly assess the materials. 
 
 
8. 
The property owner shall record documents that disclose the existence 
and operational characteristics of Phoenix Sky Harbor International Airport

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-2-24—Z-69-08-8 
Page 4 
 
to future owners or tenants of the property. The form and content of such 
documents shall be according to the templates and instructions provided 
that have been reviewed and approved by the City Attorney. 
 
 
9. 
The following street transportation improvements shall be provided and 
approved by the Planning and Development Department: 
 
 
 
a. Right-of-way totaling 60 feet shall be dedicated for the north half of 
Southern Avenue. 
 
 
 
b. Right-of-way totaling 30 feet shall be dedicated for the west half of 
36th Street. 
 
 
 
c. 
A 25 foot by 25-foot right-of-way triangle shall be dedicated at the 
northwest corner of 36th Street and Southern Avenue. 
 
 
10. 
The developer shall construct all streets within adjacent to the 
development with paving, curb, gutter, sidewalk, curb ramps, streetlights, 
landscaping, and other incidentals as per plans approved by the Planning 
and Development Department. All improvements shall comply with all ADA 
accessibility standards. 
 
 
11. 
THE PUBLIC SIDEWALK ALONG 36TH STREET SHALL BE DETACHED 
WITH A MINIMUM FIVE-FOOT WIDE LANDSCAPED STRIP LOCATED 
BETWEEN THE SIDEWALK AND BACK OF CURB AND PLANTED TO 
THE FOLLOWING STANDARDS, AS APPROVED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT: 
 
 
 
 
A. MINIMUM 3-INCH CALIPER LARGE CANOPY, SINGLE-TRUNK, 
SHADE TREES PLANTED A MINIMUM OF 25 FEET ON CENTER 
OR IN EQUIVALENT GROUPINGS TO PROVIDE SHADE TO A 
MINIMUM 75 PERCENT OF THE SIDEWALK. 
 
 
 
B. DROUGHT TOLERANT VEGETATION DESIGNED TO GROW TO A 
MAXIMUM MATURE HEIGHT OF 24 INCHES AND ACHIEVE 75 
PERCENT LIVE COVERAGE. 
 
 
 
 
WHERE UTILITY CONFLICTS EXIST, THE DEVELOPER SHALL WORK 
WITH THE PLANNING AND DEVELOPMENT DEPARTMENT ON 
ALTERNATIVE DESIGN SOLUTIONS CONSISTENT WITH A 
PEDESTRIAN ENVIRONMENT.

Planning Hearing Officer Summary of June 12, 2024 
Application PHO-2-24—Z-69-08-8 
Page 5 
 
12. 
BUILDING ELEVATIONS SHALL BE PRESENTED FOR REVIEW AND 
COMMENT TO THE SOUTH MOUNTAIN VILLAGE PLANNING 
COMMITTEE PRIOR TO FINAL SITE PLAN APPROVAL.   
 
 
13. 
11. 
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 waiver of claims in a form approved by the City Attorney’s 
Office. 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. 
 
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