Attachment C - PHO Summary - PHO-1-20_Z-42-98-8.pdf

Planning Hearing Officer Summary of August 19, 2020 
Application PHO-1-20--Z-42-98-8 
REPORT OF PLANNING HEARING OFFICER ACTION 
Adam Stranieri, Planner III, Hearing Officer  
Julianna Pierre, Planner I, Assisting 
August 19, 2020 
ITEM NO: 5 
DISTRICT 8 
SUBJECT: 
Application #: 
PHO-1-20--Z-42-98-8 
Zoning:  
C-1 
Location: 
Southwest corner of 24th Street and Brill Street 
Acreage: 
2.36 
Request: 
1) Deletion of Stipulation 1 limiting vehicular access to 24th
Street. 
2) Modification of Stipulation 2 limiting the placement of
pedestrian entryways. 
3) Modification of Stipulation 4 restricting building height to
one story and 15 feet. 
4) Modification of Stipulation 5 regarding structures within 50
feet of the west and south property lines. 
5) Deletion of Stipulation 7 regarding vesting zoning.
6) Deletion of Stipulation 8 regarding conditional approval.
Applicant: 
QuikTrip Corporation 
Owner: 
 
1420 North 24th Street LLC 
Representative: Charles Huellmantel, Huellmantel & Affiliates 
ACTIONS 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with modifications and additional stipulations. 
Village Planning Committee (VPC) Recommendation: The Central City Village 
Planning Committee heard this case on August 10, 2020 and recommended 
approval by a 16-0 vote. 
DISCUSSION 
Charles Huellmantel, representative with Huellmantel & Affiliates, stated that the 
property was originally developed with a restaurant and outdoor dining area and 
was now vacant.  He stated that they are seeking deletion of Stipulation 1, 
limiting vehicular access to 24th Street to allow multiple points of access to the 
site and help the existing traffic conditions.  He stated Stipulation 2, limiting the 
placement of pedestrian entryways, was written due to concerns with people 
parking on the street and walking to the property.  He stated that there were 
Attachment C

Planning Hearing Officer Summary of August 19, 2020 
Application PHO-1-20--Z-42-98-8 
architectural embellishments on the proposed plans, as well as a fuel canopy, 
giving the need to modify Stipulation 4, restricting building height to one story and 
15 feet.  He stated that they were seeking modification of Stipulation 5, regarding 
structures within 50 feet of the west and south property lines, because the 
proposal is within 50 feet of Z-61-99, the sister case with nearly identical 
stipulations.  He stated that Stipulations 7 and 8, regarding vesting and 
conditional approval, were no longer relevant.  He stated that the case was 
presented at the Central City VPC and approved unanimously. 
Jorge Trevino, a member of the public, stated that he was in support of the 
request. 
Sean Morris, a member of the public speaking in opposition to the request, stated 
that he lives in the nearby neighborhood.  He stated that since the closure of the 
restaurant, a homeless encampment has been established on the site.  He stated 
that the applicant’s proposed landscape plan would provide places where 
homeless people can hide and create encampments.  He was concerned with 
how the applicant would mitigate the homeless problems.  He also asked for 
clarification about the traffic study prepared by the applicant, specifically because 
there is a lot of traffic generated by the elementary school to the west.  He stated 
that adding a driveway on Brill Street would decrease his property values.  He 
added that there are three other gas stations within a mile of the location. 
Adam Stranieri stated that typically stipulations require enhanced landscaping 
and setbacks.  He asked if Mr. Morris would prefer that the developer provide 
less landscaping and instead move the building closer to the property line.  Mr. 
Morris clarified that more landscaping and increased setbacks would provide 
more locations for the homeless to camp.  He added that the homeless problem 
always existed in the area but increased when the restaurant building became 
vacant. 
Mr. Trevino stated that the proper form was signed by the current property 
ownership to remove and arrest homeless persons if they were to trespass.  He 
stated that signage was also going to be added to the property to mitigate the 
issue. 
Mr. Morris stated that there is an encampment of makeshift tents on the property. 
Mr. Huellmantel stated that he would be willing to discuss these issues further 
with neighbors and intended to connect neighbors with the store manager.  He 
stated that the homeless issue has been noted and this is often a problem with 
vacant properties.  He stated that a traffic study was not required for the 
development, but that he had no opposition to prohibiting left turns out of the site 
onto Brill Street.

Planning Hearing Officer Summary of August 19, 2020 
Application PHO-1-20--Z-42-98-8 
Mr. Stranieri stated that he received correspondence from Ronald and Judith 
Dean requesting that Stipulation 1 be retained, the existing view fence on the 
west property line be replaced and increased with height, and restrictions be 
placed on left-turn movements on Brill Street.  Mr. Huellmantel stated that the 
existing view fencing would be removed and replaced by an 8-foot-high CMU 
block wall.  
Mr. Stranieri stated that when the case was originally heard, most of the 
concerns revolved around the impacts of the proposed restaurant use.  He noted 
that the outdoor dining area was larger than the restaurant itself and it was 
assumed that the applicant would apply for use permits for outdoor 
entertainment.  He stated that the stipulations regarding access and pedestrian 
entryways were to discourage on street parking in the neighborhood and patrons 
walking to and from the property within the adjacent neighborhoods.  The request 
to delete Stipulation 1 will allow a second driveway and with the change of use, 
the previous concerns are no longer relevant.  He added that the proposed 
driveway will be immediately opposite a U-Haul household moving center, rather 
than single family residences along Willetta Street. 
Mr. Stranieri stated that QuikTrip’s new store model has three entrances which 
could all be considered main entrances.  He stated that it would be beneficial to 
provide pedestrian pathways to each entrance.  Mr. Huellmantel stated that there 
were grading issues which did not allow for the accessway to directly align with 
the entrance along Willetta Street.  Mr. Stranieri suggested modified stipulation 
language to require the developer to provide pedestrian accessways to all 
entrances of the building.  He noted that these entrances should connect to 
public sidewalks or pathways near the entrances in instances like the south 
entrance where grading may prevent a direct connection to the door itself.  Mr. 
Huellmantel stated that he did not have any issues with the proposed 
modification. 
Mr. Stranieri stated that the proposed increase in building height remains more 
restrictive than what is permitted in the C-1 zoning district.  He added that the 
building and enhanced setbacks would provide screening of the canopy from 
most vantage points to the west. 
Mr. Stranieri stated that Stipulation 5, regarding structures within 50 feet of the 
west and south property lines, refers to the property line of the parcel and not the 
interface between the boundaries of the two adjacent rezoning cases.  He noted 
that at the time of the original approval, there was a property line in this location.  
However, since the two parcels have since been combined, the setback would 
not be applied interior to the site as Mr. Huellmantel assumed.  He displayed a 
map to indicate which portions of the west property line of the existing parcel 
were subject to the stipulation, which was included in both Z-42-98 and Z-61-99.  
He stated that he would recommend that the stipulation be retained as written.

Planning Hearing Officer Summary of August 19, 2020 
Application PHO-1-20--Z-42-98-8 
Mr. Huellmantel stated that he had no concerns given that the proposed site plan 
would comply with the stipulation as explained by Mr. Stranieri. 
Mr. Stranieri stated that Stipulations 7 and 8 have been complied with and are no 
longer relevant. 
Mr. Stranieri stated that he would recommend adding general conformance to the 
site plan and elevations to ensure that if the plans were significantly modified 
there would be a future public hearing. 
Mr. Stranieri stated that the site is archaeologically sensitive and addition 
stipulations were warranted to address City requirements for archaeological data 
testing and surveying. 
Mr. Stranieri noted that a vehicle traveling west on Brill Street would either dead-
end at the school to the west or end up back on 24th Street if they were to take 
22nd Place south to either Willetta Street or Culver Street.  He stated that there 
would be no benefit to a driver exiting the site and turning left on Brill Street 
unless you lived in the adjacent neighborhood.  However, he noted that the 
Street Transportation Department did recommend a modified driveway detail on 
Brill Street to prohibit left-turns and that this request had also been raised in 
public comments.  He recommended the addition of this stipulation and Mr. 
Huellmantel stated that he had no concerns. 
FINDINGS 
1) In the original rezoning case, the applicant proposed rezoning the site
to C-2 (Intermediate Commercial) and developing an approximately
3,200 square foot restaurant with an approximately 3,575 square foot
outdoor dining patio.  The City Council ultimately denied the request as
filed and approved for C-1 (Neighborhood Retail) zoning.  This
decision was based in part on the relative intensity of the C-2 district
which permits bars by right, compared to the C-1 district which permits
restaurants with sales of alcohol subject to a use permit.  Concerns
expressed also included the potential impacts of the proposed outdoor
patio which could permit outdoor dining, alcoholic beverage
consumption and entertainment subject to use permits.
The proposed conceptual site plan depicts an approximately 12,141
square foot QuikTrip gas station on the western portion of the site and
fuel canopies located along 24th Street.  Driveways are located along
24th Street and Brill Street.  Proposed conceptual elevations depict a
gas station with architectural relief provided through shade canopies,
pillars, variation in the roof line, roof cornices, and multiple building
materials.

Planning Hearing Officer Summary of August 19, 2020 
Application PHO-1-20--Z-42-98-8 
 
The original rezoning case did not stipulate conformance to a site plan 
or elevations and instead required site plan approval as a condition of 
zoning approval.  An additional stipulation is recommended to require 
general conformance to the proposed site plan and elevations.  This 
stipulation will limit modifications to the proposal and may require a 
future public hearing for new development or extensive modifications. 
2) Stipulation #1 restricting vehicular access to 24th Street was aimed at
prohibiting access from local streets and was coupled with Stipulation
#2 prohibiting pedestrian entryways along the north, west, and south
property lines. These stipulations were intended to address concerns
regarding potential neighborhood parking.  With the proposed change
of use to a gas station, the concerns regarding neighborhood parking
and access to the outdoor dining area are no longer relevant.
Additionally, this recommendation includes an additional stipulation for
a modified driveway design to prohibit left-turn egress into the
neighborhood.  The applicant’s request for deletion of this stipulation is
recommended for approval.
3) Stipulation #2 prohibits pedestrian entryways along the north, west,
and south property lines and was also intended to mitigate the
potential impacts of the outdoor patio and discourage neighborhood
parking.  The current proposal would redevelop the existing restaurant
as a gas station removing the concerns regarding the impact of an
outdoor dining and entertainment area.  Additionally, the proposed site
plan includes a building design with entrances on the north, east, and
south property lines.  The inclusion of pedestrian pathways on these
property lines will improve pedestrian safety and circulation by
providing direct access to these entrances, particularly for patrons who
may originate from nearby neighborhoods.  The applicant’s request for
modification of this stipulation is recommended for approval with a
modification to include a requirement for pedestrian pathways to these
entrances.  This recommendation is consistent with comments
received from the Public Transit and Street Transportation
Departments.
4) Stipulation #4 restricts building height to maximum one-story and 15-
feet.  The proposed elevations depict the gas station building at 16 feet
to the top of roof and 20 feet to the top of the cornice.  Fuel canopies
have a maximum height of 22 feet and 6 inches to the top of canopy.
The proposed heights remain below the two-story and 30-foot
maximum permitted in the underlying zoning of the subject property
and the zoning designations of most adjacent properties.  The
applicant’s request for modification is recommended for approval.

Planning Hearing Officer Summary of August 19, 2020 
Application PHO-1-20--Z-42-98-8 
 
5) Stipulation #5 prohibits any structure from being developed within 50
feet of the west and south property lines.  At the time that Rezoning
Case No. Z-42-98 was approved, there was an R1-6 zoned parcel
located in what is now the northwest corner of the subject property in
this case. This parcel was subsequently rezoned to C-1 in Rezoning
Case No. Z-61-99 and was combined with the subject property of Z-42-
98 to create the current parcel.  Z-61-99 was similarly stipulated to a
minimum 50-foot building setback along the west property line.  The
applicant stated that they believe Stipulation #5 requires that the
setback be applied along the zoning district line between Z-42-98 and
Z-61-99, which is interior to the current parcel.  However, since the
subject properties were combined, there is no longer any “west
property line” following the boundary line between the two rezoning
cases.  Therefore, the stipulated setback does not apply in that
location.
For the current parcel, the north half of the west property line is subject 
to the setback requirement in Stipulation #5 of Z-61-99, and the south 
portion of the west property line is subject to Stipulation #5 of Z-42-98.  
The proposed site plan complies with both stipulations and the 
applicant’s request is unnecessary.  The intent of both stipulations was 
to mitigate the impact of building massing on adjacent single-family 
zoned properties.  This remains a valid concern for the south half of 
the western property line and the stipulation should be retained.  The 
applicant’s request for modification is recommended for denial. 
6) The applicant’s request for deletion of Stipulations #7 and 8, regarding
vesting and conditional approval of zoning, are recommended for
approval.  The approved zoning was vested through the adoption of
Official Supplementary Zoning Map No. 1048 following site plan
approval for the restaurant, which was also the condition applied to the
zoning approval.
7) The Street Transportation Department recommended an additional
stipulation requiring that the developer provide a modified P-1243-1
driveway (reverse island) to Brill Street to prevent left turn movements.
This driveway will work to limit traffic movements from the site back to
24th Street, an arterial street, and prevent commercial traffic from
entering the adjacent neighborhood to the west.
8) The subject site is archaeologically sensitive and three additional
stipulations are recommended to address requirements for data testing
and site assessment.
DECISION: The Planning Hearing Officer recommended approval with 
modifications and additional stipulations.

Planning Hearing Officer Summary of August 19, 2020 
Application PHO-1-20--Z-42-98-8 
STIPULATIONS 
1.
That vehicular access be limited to only 24th Street.
1.
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN AND ELEVATIONS DATE STAMPED JUNE 5, 2020,
AS MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED
BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
2.
That no pedestrian entryways be allowed on the north, west and south
sides of the property to discourage on street parking. 
THE DEVELOPER SHALL PROVIDE PEDESTRIAN PATHWAYS 
PROVIDING CONNECTIVITY BETWEEN ALL MAIN BUILDING 
ENTRANCES WITH PUBLIC SIDEWALKS, CONSTRUCTED OF 
DECORATIVE PAVERS, STAMPED OR COLORED CONCRETE, OR 
ANOTHER MATERIAL OTHER THAN THOSE USED TO PAVE THE 
PARKING SURFACES AND DRIVE AISLES, AS APPROVED OR 
MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 
3.
That aAn average of at least 20 feet of landscaping (with 15 foot
minimum) SHALL be required along the street frontages.
4.
That development be limited to THE MAXIMUM BUILDING HEIGHT
SHALL BE one-story, not to exceed 15 23 feet in height.
5.
That no structure, including covered parking, be allowed within 50 feet of
the west and south property lines.
6.
That lLow level lighting SHALL be provided and directed away from the
neighborhood.
7.
THE DEVELOPER SHALL PROVIDE A MODIFIED P-1243-1
DRIVEWAY (REVERSE ISLAND) TO BRILL STREET TO PREVENT
LEFT TURN MOVEMENTS, AS APPROVED OR MODIFIED BY THE
STREET TRANSPORTATION DEPARTMENT.
7.
That zoning should vest following final site plan approval by Development
Services Department and completion of landscaping and parking area 
improvements. 
8.
That approval be conditioned upon development of a restaurant within 24
months of the date of City Council final approval of the change of zone in 
accordance with Section 506.B.1.

Planning Hearing Officer Summary of August 19, 2020 
Application PHO-1-20--Z-42-98-8 
8.
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 APPROVAL BY
THE CITY ARCHAEOLOGIST PRIOR TO CLEARING AND GRUBBING,
LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL.
9.
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.
10.
IN THE EVENT ARCHAEOLOGICAL MATERIALS ARE
ENCOUNTERED DURING CONSTRUCTION, THE DEVELOPER
SHALL IMMEDIATELY CEASE ALL GROUND-DISTURBING
ACTIVITIES WITHIN A 33- FOOT RADIUS OF THE DISCOVERY,
NOTIFY THE CITY ARCHAEOLOGIST, AND ALLOW TIME FOR THE
ARCHAEOLOGY OFFICE TO PROPERLY ASSESS THE MATERIALS.
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