Attachment B - Staff Report - PHO-1-24--Z-60-23-2.pdf

City of Phoenix — Formal (2025-03-05)

Extracted text (via pymupdf) 58252 characters

Staff Report: PHO-1-24--Z-60-23-2
*REVISED February 6, 2025
APPLICATION #:
PHO-1-24--Z-60-23-2
LOCATION:
Approximately 375 feet east of the southeast corner of 25th
Place and Rose Garden Lane
EXISTING ZONING:
A-1
ACREAGE:
5.02
REQUEST:
1) Request to modify Stipulation 4 regarding a minimum
landscape strip.
2) Request to delete Stipulation 11 regarding minimum
green infrastructure techniques.
3) Request to delete Stipulation 14 regarding overhead
utilities in the public right-of-way.
APPLICANT:
Creation RE, LLC
OWNER:
JJX3, LLC
REPRESENTATIVE:
Stephen Anderson, Gammage & Burnham, PLC
STAFF RECOMMENDATION
Denial as filed, approval with modifications and an additional stipulation, per the
Planning Hearing Officer recommendation.
PLANNING HEARING OFFICER RECOMMENDATION
On December 18, 2024, the Planning Hearing Officer recommended denial as filed,
approval with modifications and an additional stipulation.
ATTACHMENT B

Staff Report-PHO-1-24--Z-60-23-2
February 6, 2025 Planning Commission
Page 2 of 6

*VILLAGE PLANNING COMMITTEE RECOMMENDATION

The Paradise Valley Village Planning Committee (VPC) was scheduled to hear this
request on December 2, 2024 but did not have a quorum. The VPC heard this request
on January 6, 2025 and recommended approval to Stipulation 4 by a vote of 13-0 and
approval to Stipulation 14 by a vote of 12-1. Stipulation 11 was withdrawn by the
applicant (Exhibit G).

BACKGROUND/ANALYSIS

The subject site consists of 5.02 gross acres located approximately 375 feet east of the
southeast corner of 25th Place and Rose Garden Lane and is zoned A-1 (Light
Industrial District). The applicant requested the following modification requests:

• Modification of Stipulation 4 regarding a minimum landscape strip.

• Deletion of Stipulation 11 regarding minimum green infrastructure techniques.

• Deletion of Stipulation 14 regarding overhead utilities in the public right-of-way.

The appellant/representative presented a site plan (Exhibit G) and a landscape plan
(Exhibit H) at the December 18, 2024 Planning Hearing Officer (PHO) hearing to
support their request to modify Stipulation 4. The appellant/representative worked with
City staff to meet the requirements for Stipulation 11 and withdrew the request to delete
the stipulation. The appellant/representative argues the full deletion of Stipulation 14 as
disproportionate and arbitrary.

PREVIOUS HISTORY

On February 7, 2024 the Phoenix City Council approved Rezoning Case No. Z-60-23-2,
a request to rezone approximately 5.02 acres located approximately 375 feet east of the
southeast corner of 25th Place and Rose Garden Lane from PUD (Planned Unit
Development) to A-1 (Light Industrial District) (Exhibit E). The proposed development
was intended for warehousing and office. The property had an equestrian facility on site.

The original stipulations stipulated existing overhead utilities within the public right-of-
way to be undergrounded adjacent to the development and the developer shall
coordinate with all affected utility companies for their review and permitting. Stipulation
4 was added to the case to satisfy the Tree and Shape Master Plan. Stipulation 11 was
added to the case to satisfy the Phoenix Climate Action Plan. Stipulation 14 was added
per the Street Transportation Department to encourage utilization of bicycles for
alternative transportation.

NEIGHBORHOOD CONCERNS

Staff Report-PHO-1-24--Z-60-23-2
February 6, 2025 Planning Commission
Page 3 of 6

Public Correspondence
No public correspondence was received for this case.

GENERAL PLAN LAND USE MAP DESIGNATION

Industrial

CHARACTER OF SURROUNDING LAND USE

Zoning

Land Use

On-site:

A-1

Vacant equestrian facility,

(Proposed warehouse and
office building)

North:

CP/GCP

Office, Warehouse
(Across Rose Garden Lane)

East:

CP/GCP

Office, Athletic facility

West:

CP/GCP

Office, Warehouse, Retail

PLANNING HEARING OFFICER FINDINGS

1) The request to modify Stipulation 4 regarding a minimum landscape strip directly
adjacent to the building is approved. The applicant is asking to delete the portion
of Stipulation No. 4 which calls for trees to be planted in the five-foot strip
adjacent to the building. The applicant remains willing to install groundcover. The
PHO agrees that the reality is that trees are unlikely to survive in the five-foot
area next to the building. LGE Design / Build (LGE) remains willing to install and
maintain the rest of the trees stipulated by the zoning approval, which are
generally close to the perimeter and in the parking lot, and therefore more visible
to the public.

2) The request to delete Stipulation 11 has been withdrawn by the applicant.

3) The request to delete Stipulation 14 is recommended to be denied. The Street
Transportation Department has included this stipulation as a standard stipulation
in every rezone. The intent is to expand upon the provisions found in 507
TabA.II.B.7.5, where it is a presumed requirement (P), and help beautify our city
streets in all areas and not just newer areas of the city. However, Streets is
amenable to including “12kv and smaller” and bring the requirement closer in line
with the design requirements found in 507 Tab A.

Staff Report-PHO-1-24--Z-60-23-2
February 6, 2025 Planning Commission
Page 4 of 6

4) An additional stipulation was added at the request of the Village Planning
Committee and in response to correspondence with the property owners to the
east. The neighboring property owners and the applicant agreed to additional
buffering along the eastern property line. Stipulation 5 provides a minimum 5-
foot-wide landscape setback that will be planted with trees, shrubs and
groundcovers.

PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS

1
The development shall be in general conformance with the site plan date
stamped September 8, 2023, as modified by the following stipulations, and
as approved by the Planning and Development Department.

2.
The development shall be in general conformance with the elevations date
stamped November 15, 2023, as approved by the Planning and
Development Department.

3.
The landscape setback along the north side of the property, adjacent to
Rose Garden Lane, shall be planted with minimum 2-inch caliper, large
canopy, drought-tolerant, shade trees, planted 20 feet on center or in
equivalent groupings, and drought-tolerant shrubs, accents, and
vegetative groundcovers to achieve a minimum of 75% live coverage, as
approved by the Planning and Development Department.

4.
A minimum 5-foot-wide landscape strip shall be provided DIRECTLY
ADJACENT TO along the north, west, and south sides of the building, and
shall be planted with minimum 2-inch caliper, large canopy, drought-
tolerant, shade trees, planted 20 feet on center or in equivalent groupings,
and drought-tolerant shrubs, accents, and vegetative groundcovers to
achieve a minimum of 75% live coverage, as approved by the Planning
and Development Department.

5.
A MINIMUM 5-FOOT-WIDE LANDSCAPE SETBACK SHALL BE
PROVIDED ALONG THE EAST PROPERTY LINE PLANTED WITH
MINIMUM 2-INCH CALIPER, LARGE CANOPY, DROUGHT-TOLERANT,
SHADE TREES, PLANTED 20 FEET ON CENTER OR IN EQUIVALENT
GROUPINGS, AND SHRUBS, ACCENTS, AND VEGETATIVE
GROUNDCOVERS EVENLY DISTRIBUTED THROUGHOUT THE
LANDSCAPE AREA TO ACHIEVE A MINIMUM OF 50% LIVE
COVERAGE, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT AND AS SHOWN ON THE LANDCAPE PLAN DATE
STAMPED DECEMBER 18, 2024.

Staff Report-PHO-1-24--Z-60-23-2
February 6, 2025 Planning Commission
Page 5 of 6

6.
5.
All uncovered surface parking lot areas shall be landscaped with minimum
2-inch caliper, large canopy, drought-tolerant, shade trees. Landscaping
shall be dispersed throughout the parking area and achieve 25% shade,
as approved by the Planning and Development Department.

7.
6.
All pedestrian pathways, including sidewalks, shall be shaded by the
structure, landscaping, or a combination of the two to provide a minimum
of 75% shade, as approved by the Planning and Development
Department.

8.
7.
Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle
surfaces, approved by the Planning and Development Department.

9.
8.
Bicycle parking spaces shall be provided per the requirements of Section
1207.H of the Phoenix Zoning Ordinance through Inverted U and/or
artistic racks located near the office and installed per the requirements of
Section 1307.H of the Phoenix Zoning Ordinance. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.

10.
9.
A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities, as
approved by the Planning and Development Department.

11.
10.
A minimum of 5% of the required parking spaces shall include Electric
Vehicle (EV) Installed Infrastructure, as approved by the Planning and
Development Department.

12.
11.
A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative
Stormwater Management, as approved or modified by the Planning and
Development Department.

13.
12.
One outdoor employee resting area of no less than 400 square feet, or two
200-square foot areas shall be provided on site. Each required pedestrian
area shall include a minimum of two pedestrian seating benches,
constructed of quality and durable materials, and shaded to a minimum of
75% using minimum 2-inch caliper large canopy drought-tolerant shade
trees and/or architectural shade, as approved by the Planning and
Development Department.

14.
A minimum 5-foot-wide detached sidewalk separated by a minimum 8-

Staff Report-PHO-1-24--Z-60-23-2
February 6, 2025 Planning Commission
Page 6 of 6

13.
foot-wide landscape strip located between the back of curb and sidewalk
shall be constructed on the south side of Rose Garden Lane, adjacent to
the development, planted to the following standards and as approved by
the Planning and Development Department.

a.
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant,
shade trees, planed 20 feet on center or in equivalent groupings.

b.
Drought-tolerant shrubs, accents, and vegetative groundcovers with a
maximum mature height of two feet to achieve a minimum of 75% live
coverage.

15.
14.
All existing overhead utilities, 12KV AND SMALLER, within the public
right-of-way shall be undergrounded, adjacent to the development. The
developer shall coordinate with all affected utility companies for their
review and permitting.

16.
15.
All streets within and adjacent to the development shall be constructed
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median
islands, landscaping and other incidentals, as per plans approved by the
Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.

17.
16.
In the even 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.

18.
17.
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.

Exhibits:
A- Appeal Documents (3 pages)
B- Applicant’s Narrative for PHO-1-24—Z-60-23-2 (6 pages)
C- Aerial Map
D- Zoning Map
E- Approval Letter and Ordinance G-7223 for Z-60-23-2 (8 pages)
F- PHO Summary for PHO-1-24—Z-60-23-2 from December 18, 2024 (5 pages)
G- VPC Summaries for PHO-1-24—Z-60-23-2 from January 6, 2025 and December 4,
2024 (7 pages)
H- Conceptual Site Plan, date stamped September 8, 2023
I- Conceptual Landscape Plan, date stamped December 18, 2024

EXHIBIT A

S:\Planning\Rezoning\Hearings\PHO\Appeals\2024\PHO-1-24--Z-60-23-2 - Stephen
Anderson - Applicant\Internal Cover.doc

PLANNING HEARING OFFICER APPEAL
I HEREBY REQUEST THAT THE PLANNING COMMISSION/CITY COUNCIL HOLD
A PUBLIC HEARING ON:
CASE NUMBER:
PHO-1-24--Z-60-23-2
LOCATION:
Approximately 375 feet east of the southeast corner of 25th
Place and Rose Garden Lane / 2601 East Rose Garden
Lane
PHO HEARING DATE:
December 18, 2024
RECEIVED:

APPEALED BY:

Opposition

Applicant
APPEALED TO:
PLANNING
COMMISSION
February 6, 2025
TENTATIVE DATE
CITY COUNCIL
March 5, 2025
TENTATIVE DATE
APPELLANT NAME AND ADDRESS/EMAIL:
PHONE:

Stephen W. Anderson
40 North Central Avenue, 20th Floor
Phoenix, AZ 85004
sanderson@gblaw.com

602-256-4422

RECEIPT NUMBER:
R-0209522
REASON FOR REQUEST:

Request full deletion of Stipulation No. 14 as disproportionate and arbitrary.

TAKEN BY:
Greg Harmon, Planner II

Alan Stephenson

Joshua Bednarek

Tricia Gomes

Racelle Escolar

Adam Stranieri
Byron Easton

Camryn Thompson
Teresa Garcia
Ruth Somoza
Victoria Cipolla-Murillo

Raquel Moreno - Posting

GIS Team

(;+,%,7%

1
GAMMAGE & BURNHAM, PLC
ATTORNEYS AT LAW
FORTY NORTH CENTRAL AVENUE
20TH FLOOR
PHOENIX, ARIZONA 85004
Stephen W. Anderson
sanderson@gblaw.com
Submitted: October 30, 2024
Resubmitted: November 13, 2024

Bryon Easton
Planning Hearing Officer
City of Phoenix
Planning Department
City Hall, 3rd Floor
200 West Washington
Phoenix, AZ 85003

Re:
Case No. Z-60-23-2
Dear Mr. Easton,

We represent LGE Design / Build (LGE), the applicant in the above-referenced rezoning
case. On behalf of our client, we are filing this application with the Planning Hearing Officer
(“PHO”) requesting stipulation modifications. A legislative edit of the stipulations is included
with this application.

The subject property is located on the south side of Rose Garden Lane, approximately
375 feet east of 25th Place. Although the area has been heavily developed with industrial and
commerce park uses, the subject property was for many years the home of Horses Help, a non-
profit organization providing therapeutic treatment to children thru the use of horses. Thus, the
property essentially functioned as a stable, with a thoroughly undeveloped, agricultural character.

When LGE began its entitlement effort on behalf of its client, Muscular Moving Men
(MMM), LGE and MMM made the rational decision to perform limited due diligence on the site,
pending the outcome of the rezoning effort. On February 7, 2024, the City Council approved the
rezoning of the site from PUD to A-1, subject to 17 stipulations. LGE also made a separate
commitment to its neighbor for additional landscaping that is not the subject of a stipulation, but
which was included in the record before the City Council.
Following Council approval, LGE and MMM immediately moved into complete site
preparation analysis and detailed site planning for the property. In the course of that effort, LGE
and MMM learned two things. First, the site has a meaningful slope that is going to require a
substantial amount of fill, as well replacement of the existing six foot wall with a structurally
constructed eight foot wall, a replacement which was not anticipated at all. That has both a
budgetary impact on the project, and also changes the impact of the site on its surroundings. The
budgetary impact of the fill and the wall exceeds $600,000.
TELEPHONE (602) 256-0566
FACSIMILE (602) 256-4475
___________________
WRITER’S DIRECT LINE
(602) 256-4422

2
Second, third party demands of costs widely exceeded some of LGE’s preliminary
estimates. This includes the cost of re-routing some cell tower wiring, which is not the subject of
a stipulation; the cost of the City’s Green Infrastructure facilities, which is the subject of
Stipulation No. 11; and the undergrounding of power lines on Rose Garden Lane, which is the
subject of Stipulation No. 14. These unexpected developments and added costs have made the
project financially untenable, threatening redevelopment of this site to a use that is compatible
with the surrounding community.
To assist the PHO in understanding the significance of these costs, LGE has developed
the following table of adjusted costs.

Project Line Item
Original Projected
Cost
Adjusted Cost
Cost Delta
Site Fill
$60,000
$407,100.00
$347,100.00
Replace Existing 6’
Wall with 8”
Structural Wall
N/A
$260,582.00
$260,582.00
Cell Tower Rewiring
$25,000
$66,832.26
$41,832.26
Green Infrastructure
(Bioswale and
Pavers)
N/A
$176,665.00
$176,665.00
Power Line
Undergrounding
$80,000
$155,000.00
$75,000
Total
$165,000
$1,066,179.26
$901,179.26

Stipulation Modification Requests:
To allow the proposed development of the subject property, we propose the modification
of stipulations approved by Z-60-23-2 as follows:
1.
The development shall be in general conformance with the site plan date stamped
September 8, 2023, as modified by the following stipulations, and as approved by the
Planning and Development Department.

Rationale:
No change.

2.
The development shall be in general conformance with the elevations date stamped
November 15, 2023, as approved by the Planning and Development Department.

Rationale:
No change.

3
and vegetative groundcovers to achieve a minimum of 75% live coverage, as approved by
the Planning and Development Department.

Rationale:
No change.

4.
A minimum 5-foot-wide landscape strip shall be provided along the north, west, and south
sides of the building, and shall be planted with minimum 2 inch caliper, large canopy,
drought tolerant, shade trees, planted 20 feet on center or in equivalent groupings, and
drought tolerant shrubs, accents, and vegetative groundcovers to achieve a minimum of
75% live coverage, as approved by the Planning and Development Department.

Rationale:
We are asking the PHO to delete that portion of Stipulation No. 4 which
calls for trees to be planted in the five-foot strip adjacent to the building. LGE
remains willing to install groundcover. LGE would like to delete the trees at this
particular location in an effort to recoup some of the unanticipated costs identified
above, and also because the practical reality is that these trees are unlikely to survive
in the five-foot area next to the building. Indeed, during LGE’s pre-application
meeting following the approval of the rezoning, City staff acknowledged that the
survival of these trees was suspect. LGE remains willing to install and maintain the
rest of the trees stipulated by the zoning approval, which are generally close to the
perimeter and in the parking lot, and therefore more visible to the public.

5.
All uncovered surface parking lot areas shall be landscaped with minimum 2-inch caliper,
large canopy, drought-tolerant, shade trees. Landscaping shall be dispersed throughout the
parking area and achieve 25% shade, as approved by Planning and Development
Department.

Rationale:
No change.

6.
All pedestrian pathways, including sidewalks, shall be shaded by a structure, landscaping, or a
combination of the two to provide a minimum of 75% shade, as approved by the Planning
and Development Department.

Rationale:
No change.

7.
Where pedestrian walkways cross a vehicular path, the pathway shall be constructed of
decorative pavers, stamped or colored concrete, or other pavement treatments that visually
contrasts parking and drive aisle surfaces, as approved by the Planning and Development
Department.

Rationale:
No change.

8.
Bicycle parking spaces shall be provided per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance through Inverted U and/or artistic racks located near the office and
installed per the requirements of Section 1307.H. of the Phoenix Zoning Ordinance. Artistic

4
racks shall adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.

Rationale:
No change.

9.
A minimum of 10% of the required bicycle parking spaces shall include standard electrical
receptacles for electric bicycle charging capabilities, as approved by the Planning and
Development Department.

Rationale:
No change.

10.
A minimum of 5% of the required parking spaces shall include Electric Vehicle (EV)
Installed Infrastructure, as approved by the Planning and Development Department.

Rationale:
No change.

11.
A minimum of two green infrastructure (GI) techniques for stormwater management
shall be implemented per the Greater Phoenix Metro Green Infrastructure and Low
Impact Development Details for Alternative Stormwater Management, as approved
or modified by the Planning and Development Department.

Rationale:
We are asking the PHO to delete Stipulation No. 11 in its entirety. This
rezoning case was one of the earliest cases in which the City introduced its Green
Infrastructure stipulation, and the City has assured the development community that
the costs associated with this requirement would be nominal. That has in fact proven
to be completely false, as indicated above. We are seeking the deletion of this
stipulation because the City did not accurately represent its impact at the time the
City introduced the request.

12.
One outdoor employee resting area of no less than 400 square feet, or two 200-square foot
areas shall be provided on site. Each required pedestrian area shall include a minimum of
two pedestrian seating benches, constructed of quality and durable materials, and shaded
to a minimum of 75% using minimum 2-inch caliper large canopy drought-tolerant shade
trees and/or architectural shade, as approved by the Planning and Development
Department.

Rationale:
No change.

13. A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide landscape
strip located between the back of curb and sidewalk shall be constructed on the south side
of Rose Garden Lane, adjacent to the development, planted to the following standards and
as approved by the Planning and Development Department.
a.
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant, shade trees,
planted 20 feet on center or in equivalent groupings.
b.
Drought-tolerant shrubs, accents, and vegetative groundcovers with a maximum
mature height of two feet to achieve a minimum of 75% live coverage.

5
Where utility conflicts exist, the developer shall work with the Planning and Development
Department on an alternative design solution consistent with a pedestrian environment.

Rationale:
No change.

14.
All existing overhead utilities within the public right of way shall be undergrounded,
adjacent to the development. The developer shall coordinate with all affected utility
companies for their review and permitting.

Rationale:
We are also asking the City to delete Stipulation No.14 regarding the
undergrounding of the power line on Rose Garden Lane. As indicated above, when
the City proposed this stipulation, we had a general estimate based on past experience
with APS that the cost of this stipulation would be $80,000. Now, as indicated above,
APS is requiring us to pay $155,000, nearly double the reasonably anticipated
amount. That level of increase is unwarranted and disproportionate. Rose Garden
Lane is a street that serves an industrial community, dead-ending at the Canal. There
are no residences and no members of the general public traveling thru this area.
Thus, the aesthetic benefit of undergrounding is strictly limited. In addition, the
undergrounding would only be in front of this property. The lines would remain
above-ground on almost all of Rose Garden Lane. And as noted above, since most of
the properties have been developed, the City’s ability to lower the other sections of
the line is extremely limited in the future. Given this context, the much higher cost is
a disproportionate demand on this five-acre parcel.

15.
All streets within and adjacent to the development shall be constructed with paving, curb,
gutter, sidewalk, curb ramps, streetlights, median islands, landscaping and other
incidentals, as per plans approved by the Planning and Development Department. All
improvements shall comply with all ADA accessibility standards.

Rationale:
No change.

16.
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.

Rationale:
No change.

17.
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.

Rationale:
No change.

Finally, to ensure the record in this matter is complete, LGE wants to update the PHO and
the City regarding its relationship with its neighbor to the east. Specifically, because of the slope
and fill of our site, the increased height of our shared wall will be sufficient to prevent any view
of our property from their property. Therefore, additional landscaping would serve no buffering
purpose, and therefore need not be installed. Again, there is no stipulation relating to this issue,
but we did want the City’s record of the case to be clear.

We look forward to discussing our request with you at an upcoming hearing.
Sincerely,
GAMMAGE & BURNHAM

Stephen W. Anderson

EXHIBIT C

E ROSE GARDEN LN
PRIVATE
PRIVATE
N 25TH PL
PRIVATE
CP/GCP*
CP/GCP SP*
RE-35
CP/GCP*
C-2*
CP/BP*
C-2*
C-2 SP
C-2
CP/GCP*
CP/GCP*
CP/BP*
A-1*
CP/GCP*
RE-35
CP/GCP*
CP/GCP*
mapservices@phoenix.gov
Planning & Development Department
PHO-1-24--Z-60-23-2
Property Location: Approximately 375 feet east of the southeast corner of 25th Place
and Rose Garden Lane
0
200
400
100
Feet ´

EXHIBIT D

PRIVATE
E ROSE GARDEN LN
N 25TH PL
PRIVATE
CP/GCP*
CP/GCP SP*
RE-35
CP/GCP*
C-2*
CP/BP*
C-2*
C-2
SP
CP/GCP*
CP/GCP*
CP/BP*
A-1*
CP/GCP*
RE-35
CP/GCP*
Planning & Development Department
PHO-1-24--Z-60-23-2
Property Location: Approximately 375 feet east of the southeast corner of 25th Place
and Rose Garden Lane
0
160
320
80
Feet ´

EXHIBIT E

Zoning Division • 200 West Washington Street, 2nd Floor • Phoenix, Arizona 85003 • 602-262-7131, Option #6
March 5, 2024

Stephen Anderson
Gammage & Burnham, PLC
40 North Central Avenue, 20th Floor
Phoenix, Arizona 85004

Dear Applicant:

RE: Z-60-23-2 – Approximately 375 feet east of the southeast corner of 25th Place
and Rose Garden Lane

Please be advised that the Phoenix City Council, in accordance with the provisions of
Section 601 of the Zoning Ordinance, as amended, has on February 7, 2024, approved
Zoning Ordinance # G-7223.

Development and use of the site is subject to compliance with all applicable codes and
ordinances.

Sincerely,

Joshua Bednarek
Planning and Development Director

Attachment: Signed Ordinance

c: Horses Help Inc., P.O. Box 71005, Phoenix, AZ 85050

Carlos Elias, LGE Design / Build, 1200 N. 52nd St., Phoenix, AZ 85008
Tricia Gomes, PDD–Planning–Deputy Director (Electronically)
Racelle Escolar, PDD–Planning–Principal Planner (Electronically)

Adrian Zambrano, PDD–Planning–Village Planner (Electronically)

Ben Kim, PDD–GIS (Electronically)

Mod

Del

EXHIBIT F

REPORT OF PLANNING HEARING OFFICER ACTION
Byron Easton, Planner III, Hearing Officer
Teresa Garcia, Planner I, Assisting

December 18, 2024

ITEM NO: 1

DISTRICT NO. 2
SUBJECT:

Application #:
PHO-1-24--Z-60-23-2
Location:
Approximately 375 feet east of the southeast corner of 25th
Place and Rose Garden Lane
Zoning:
A-1
Acreage:
5.02
Request:
1)
Request to modify Stipulation 4 regarding a minimum
landscape strip.
2)
Request to delete Stipulation 11 regarding minimum
green infrastructure techniques.
3)
Request to delete Stipulation 14 regarding overhead
utilities in the public right-of-way.
Applicant:
Creation RE, LLC
Owner:

JJX3, LLC
Representative: Stephen Anderson, Gammage & Burnham, PLC

ACTIONS:

Planning Hearing Officer Recommendation: The Planning Hearing Officer
recommended denial as filed, approval with modifications and an additional
stipulation.

Village Planning Committee (VPC) Recommendation: The Paradise Valley
Village Planning Committee was scheduled to hear this request on December 4,
2024 but did not have a quorum.

DISCUSSION:

Stephen Anderson, representative of Gammage and Burnham PLC, gave an
overview of the site. He mentioned the business is wanting to relocate to the site
so they can own the building on the site. He stated they do not intend on making
any changes to the original site plan and elevations, however the grading and
drainage plans indicate the site would need to be raised by 11 feet, which would
increase their budget by $600,000. To offset some the costs, he said they
worked with City staff to redesign their plan to meet the green stormwater
infrastructure (GSI) requirement called out in Stipulation 11. He requested to
withdraw the request to delete Stipulation 11 from the case. He requested a

Planning Hearing Officer Summary of December 18, 2024
Application PHO-1-24--Z-60-23-2
Page 2

modification to Stipulation 4 regarding a minimum landscape strip, by adding 75
trees along the perimeter of the site and removing 40 trees. He requested to
delete Stipulation 14 regarding overhead utilities in the public right-of-way as
there are existing overhead power lines along Rose Garden Lane and no
residential properties in the area that will be affected. He stated some members
of the Paradise Valley Village Planning Committee (VPC) but were in support of
the modifications but were unable to give their vote as there was no quorum.\

Byron Easton, Planning Hearing Officer, recommended approval with a
modification to Stipulation 4 and created an additional stipulation regarding trees
on the site.

Request to delete Stipulation 11 was withdrawn per Mr. Anderson.

Mr. Easton recommended denial to the deletion of Stipulation 14 as it is standard
Street Transportation Department stipulation. He stated the Street Transportation
Department would allow for “12 kV and smaller power lines within the right-of-
way be undergrounded” and recommended the applicant contact the Street
Transportation Department to work on the language.

FINDINGS:

1) The request to modify Stipulation 4 regarding a minimum landscape strip
directly adjacent to the building is approved. The applicant is asking to
delete the portion of Stipulation No. 4 which calls for trees to be planted in
the five-foot strip adjacent to the building. The applicant remains willing to
install groundcover. The PHO agrees that the reality is that trees are
unlikely to survive in the five-foot area next to the building. LGE remains
willing to install and maintain the rest of the trees stipulated by the zoning
approval, which are generally close to the perimeter and in the parking lot,
and therefore more visible to the public.

2) The request to delete Stipulation 11 has been withdrawn by the applicant.

3) The request to delete Stipulation 14 is recommended to be denied. The
Street Transportation Department has included this stipulation as a
standard stipulation in every rezone. The intent is to expand upon the
provisions found in 507 TabA.II.B.7.5, where it is a presumed requirement
(P), and help beautify our city streets in all areas and not just newer areas
of the city. However, Streets is amenable to including “12kv and smaller”
and bring the requirement closer in line with the design requirements
found in 507 Tab A.

4) An additional stipulation was added at the request of the VPC and in
response to correspondence with the property owners to the east. The
neighboring property owners and the applicant agreed to additional

Planning Hearing Officer Summary of December 18, 2024
Application PHO-1-24--Z-60-23-2
Page 3

buffering along the eastern property line. Stipulation 5 provides a
minimum 5-foot-wide landscape setback that will be planted with trees,
shrubs and groundcovers.

STIPULATIONS:

Phoenix Zoning Ordinance:

2.
The development shall be in general conformance with the elevations date
stamped November 15, 2023, as approved by the Planning and
Development Department.

Planning Hearing Officer Summary of December 18, 2024
Application PHO-1-24--Z-60-23-2
Page 4

9.
8.
Bicycle parking spaces shall be provided per the requirements of Section
1207.H of the Phoenix Zoning Ordinance through Inverted U and/or artistic
racks located near the office and installed per the requirements of Section
1307.H of the Phoenix Zoning Ordinance. Artistic racks shall adhere to the
City of Phoenix Preferred Designs in Appendix K of the Comprehensive
Bicycle Master Plan.

11.
10.
A minimum of 5% of the required parking spaces shall include Electric
Vehicle (EV) Installed Infrastructure, as approved by the Planning and
Development Department.

14.
A minimum 5-foot-wide detached sidewalk separated by a minimum 8-

Planning Hearing Officer Summary of December 18, 2024
Application PHO-1-24--Z-60-23-2
Page 5

a. Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant,
shade trees, planed 20 feet on center or in equivalent groupings.

b. Drought-tolerant shrubs, accents, and vegetative groundcovers with a
maximum mature height of two feet to achieve a minimum of 75% live
coverage.

Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with
a pedestrian environment.

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 Teleia Galaviz
at teleia.galaviz@phoenix.gov or (602) 291-2559 or TTY: 7-1-1.

EXHIBIT G

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Village Planning Committee Meeting Summary
PHO-1-24--Z-60-23-2

Date of VPC Meeting
January 6, 2025
Date of Planning
Hearing Officer Hearing
December 18, 2024
Request
1) Modify Stipulation No. 4 regarding a minimum
landscape strip
2) Delete Stipulation No. 14 regarding overhead
utilities in the public right-of-way
Location
Approximately 375 feet east of the southeast corner of
25th Place and Rose Garden Lane
VPC Recommendation
Approval
VPC Vote
Stipulation No. 4:
13-0;

Stipulation No. 14:
12-1

No members of the public registered to speak on this item.

Staff Background Presentation:

Matteo Moric, staff, provided an overview of the request and location of the
proposal. Mr. Moric noted the established zoning is A-1 and the proposal was for a
warehousing and office building which was subject to 17 stipulations. Mr. Moric
explained the actions to date where there was no recommendation at the previous
Village Planning Committee (VPC) meeting due to a lack of a quorum and the
Planning Hearing Officer (PHO) heard the request and it was recommended denial
as filed, approval with modifications and an additional stipulation.

Mr. Moric explained it was back to the VPC per the applicant’s request due to no
recommendation provided, and stated the applicant has appealed the PHO decision
and it will be going to the Planning Commission in February and City Council in
March. Mr. Moric identified the PHO’s draft findings and identified the PHO’s draft
stipulation changes which were as follows in legislative edit format:

Paradise Valley Village Planning Committee
Meeting Summary
PHO-1-24—Z-60-23-2
Page 2 of 6

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
4. A minimum 5-foot-wide landscape strip shall be provided DIRECTLY
ADJACENT TO along the north, west, and south sides of the building, and
shall be planted with minimum 2-inch caliper, large canopy, drought-tolerant,
shade trees, planted 20 feet on center or in equivalent groupings, and
drought-tolerant shrubs, accents, and vegetative groundcovers to achieve a
minimum of 75% live coverage, as approved by the Planning and
Development Department.

5. A MINIMUM 5-FOOT-WIDE LANDSCAPE SETBACK SHALL BE PROVIDED
ALONG THE EAST PROPERTY LINE PLANTED WITH MINIMUM 2-INCH
CALIPER, LARGE CANOPY, DROUGHT-TOLERANT, SHADE TREES,
PLANTED 20 FEET ON CENTER OR IN EQUIVALENT GROUPINGS, AND
SHRUBS, ACCENTS, AND VEGETATIVE GROUNDCOVERS EVENLY
DISTRIBUTED THROUGHOUT THE LANDSCAPE AREA TO ACHIEVE A
MINIMUM OF 50% LIVE COVERAGE, AS APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT AND AS SHOWN ON THE
LANDCAPE PLAN DATE STAMPED DECEMBER 18, 2024.

14. 15. All existing overhead utilities, 12KV AND SMALLER, within the public
right-of-way shall be undergrounded, adjacent to the development. The
developer shall coordinate with all affected utility companies for their review
and permitting.
The request to delete Stipulation 11 was withdrawn by the applicant.
Mr. Moric displayed images of the proposal, including a site plan and building
elevations.

Applicant Presentation:

Stephen Anderson, representative with Gammage & Burnham, PLC, said he was
in attendance with Josh Rogers, Project Manager, for the proposal of a warehouse
office building by a company named Muscular Moving Men. Mr. Anderson said the
proposal was on the site located at 2615 East Rose Garden Lane, where there used
to be the old Horses Help agency.

Mr. Anderson said the site was already zoned, but now his client wanted to modify
the conditions of approval. Mr. Anderson mentioned that there were two things
which remained unchanged since the zoning change was approved. Mr. Anderson
said the site was designed to meet the commerce park standards and believed it
would be a nice-looking site, and the end user was still Muscular Moving Men
Company whose business was already in the neighborhood.

Mr. Anderson reminded the Committee that Muscular Moving Men is a moving
company, and they do not develop real estate for a living, and the company ran into

Paradise Valley Village Planning Committee
Meeting Summary
PHO-1-24—Z-60-23-2
Page 3 of 6

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
some big surprises in the process and are now seeking assistance. Mr. Anderson
stated these surprises threw the budget off. Mr. Anderson added the site sloped
very dramatically and the previous user was an agricultural use sitting in the middle
of the neighborhood. Mr. Anderson mentioned when Muscular Moving Men went
through the rezoning process and the plans were conceptual it found out the site is
much more sloped and required more fill than expected with structural perimeter
walls. Mr. Anderson said the site would need to be raised by more than 10 feet.

Mr. Anderson said they originally sought to modify three requests. Mr. Anderson
indicated although there was no quorum at the previously scheduled VPC meeting,
they were able to resolve two of the three issues in the case. Mr. Anderson provided
history on two of the issues which were resolved. Mr. Anderson said Stipulation No.
4 was one of four landscape stipulations on the site, he added the Planning Hearing
Officer (PHO) agreed it was okay to remove the trees adjacent to the building
without impacting the appearance of the site. Mr.Anderson showed how all the trees
on the east, west and north perimeter all stayed. Mr. Anderson added the site would
still have a lush appearance. Mr. Anderson said all the ground cover would remain.
Mr. Anderson felt Stipulation No. 4 was already addressed by the PHO and said for
the purpose of the hearing he was only requesting the Committee to agree with the
PHO if it was inclined to do so.

Mr. Anderson said they met with City staff and worked through Stipulation No. 11
regarding Green Stormwater Infrastructure (GSI). Mr. Anderson showed how the
new plan would meet the GSI stipulation and therefore withdrew this request.

Mr. Anderson stated the only remaining issue was the undergrounding of the
powerlines. Mr. Anderson stated the original cost estimate doubled for the
undergrounding. Mr. Anderson expressed concern the powerlines were not buried
anywhere else along the stretch of the neighborhood. Mr. Anderson said by
undergrounding the powerlines on this property only, there would not be a
significant impact for the traveling public on Rose Garden Lane. Mr. Anderson
believed this request was being applied arbitrarily. Mr. Anderson added the PHO did
not feel comfortable in removing another department’s stipulation as this came from
the Street Transportation Department. Mr. Anderson said the property is one of
twelve along this stretch of Rose Garden Lane in which many of them were
redeveloped and many of them did not underground the lines. Mr. Anderson said it
would not be appropriate to make the undergrounding here and displayed photos of
all the properties with powerlines along the street frontage.

Questions from the Committee

Eric Cashman asked if the Street Transportation Department gave them a valid
reason for the undergrounding to take place such as the concern with the height of
trucks, etc. Mr. Anderson said that at the PHO hearing, they were told to reach out
to the City Street Transportation Department in which they attempted to but had no
luck over the holidays. Mr. Anderson said he asked the same question of the

Paradise Valley Village Planning Committee
Meeting Summary
PHO-1-24—Z-60-23-2
Page 4 of 6

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Muscular Moving Men Project Manager if they had enough clearance under the
powerlines. Mr. Anderson explained the trucks on the other properties had no
trouble with clearance, but Mr. Cashman clarified that semi-trucks for a moving
company would be much taller and lines over time tend to droop. Josh Rogers,
Project Manager, said if there was a clearance problem they can lift the lines. Mr.
Rogers explained that APS fees tripled in the last few years, so they did not fight it
at the time of the rezoning case. Mr. Rogers also found out that other utilities such
as Cox Communications and telephone would bring the costs up even more. Mr.
Anderson and Mr. Rogers stated that if they had to raise the lines for clearance, it
would be much more palatable.

Chair Alex Popovic emphasized the arbitrary requirements to have developers do
this kind of stuff in the right-of-way and not on the developer’s property has become
a prevalent problem at the City of Phoenix. Chair Popovic said they can’t expect the
developers to pay for this and believed this needs to stop.

Roy Wise read that this is a standard stipulation for whenever someone wants to
rezone property.

Mr. Cashman said it would look odd if some of the properties have the lines
undergrounded and others don’t.

Toby Gerst asked for clarification on the request and the clearance requirements.
Mr. Cashman explained that the lower lines on the poles were telephone and cable
lines. Ms. Gerst said several powerlines in her neighborhood were sagging and the
power company cut down the trees as their resolution. Mr. Rogers said that the
clearance will be large enough as Phoenix Fire has its clearance requirements as
well. Mr. Rogers added in a worst-case scenario is they will have to work with APS
to raise it if it is an issue but clarified it would be much less expensive to do. Mr.
Cashman said it would have been good for the applicant to have brought a letter
from the utility companies stating they were not concerned with this. Mr. Rogers
said APS will not look at this issue until the second submission into the City.

Ms. Gerst asked if there was any possibility of an assessment to underground all
utilities on the lots in the area. Chair Popovic said they could not encumber other
properties as a committee.

Mr. Cashman explained that even in many of the real expensive neighborhoods of
Paradise Valley the lines will not go underground. Mr. Cashman said it was
expensive in these mountainous areas to underground and felt it made more sense
if this was done earlier. Ms. Gerst pointed out that digging in the caliche soil would
only make it more difficult.

Robert Goodhue recalled this item originating from the Street Transpiration
Department to underground powerlines when he worked at the City of Phoenix. Mr.
Goodhue indicated that back then he knew it was going to become controversial.

Paradise Valley Village Planning Committee
Meeting Summary
PHO-1-24—Z-60-23-2
Page 5 of 6

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Mr. Goodhue noted as the area redeveloped it would come into compliance, and
shared concerns that the decision made today could set a precedent. Mr. Goodhue
sympathized with this and the need for additional fill material. Chair Popovic said
the fill or not fill is a moot point.

Mr. Goodhue agreed with the PHO thinking that the trees along the building will not
work.

Anna Sepic commented regarding the age of the buildings in the area which she
said were built 2002 and newer. Ms. Sepic did not believe the street will be
redeveloped any time soon and felt in this instance the utility poles did not need to
be undergrounded.

Danny Mazza asked if the Committee could adopt the applicant’s request with a
note or comment that the City needs to look at correcting this issue. Matteo Moric,
staff, said he would include in the minutes the Committee’s desire to have this issue
addressed by the City at a higher level. Mr. Cashman felt this needs to be
addressed issue by issue, since he believed in certain areas of the City it would
make more sense to underground the utilities. Chair Popovic said at this time they
should just focus on this application at hand and added that at some point the City
will need to address this as a bigger issue.

Chair Popovic explained the development community does not want to rock the
boat in the City, as it only becomes burdensome and cumbersome from a financial
and time standpoint. Mr. Goodhue reminded the Committee the City has a
Development Advisory Board where developers participate in making changes to
the City’s different ordinances.

Ms. Gerst asked Mr. Goodhue if the Committee had authority to grant the request.
Mr. Goodhue felt the PHO responded correctly from the standpoint rather than
waive the entire need for the undergrounding and just require it for the 12KV and
smaller utility poles. Mr. Goodhue believed they could still vote on the request as a
recommendation. Diane Peterson expressed concern of waiving a requirement
which was outside of their purview. Chair Popovic said that the Committee has
jurisdiction to vote on a recommendation for a modification or deletion of a
stipulation.

Alan Sparks said that one size does not fit all, and it appears no one else was
asked to underground their powerlines.

Public Comments

None.

Paradise Valley Village Planning Committee
Meeting Summary
PHO-1-24—Z-60-23-2
Page 6 of 6

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Applicant Response

Mr. Anderson said that there were 17 stipulations as part of the case and
emphasized the applicant is not asking to change the code, but one stipulation
coming from the Street Transportation Department. Mr. Anderson said no one is
proposing a text amendment to the code at this time and noted the code is a
rebuttable presumption. Mr. Anderson then explained there is language in Section
507 of the Zoning Ordinance regarding overcoming presumptions which he pointed
out had already taken place along the rest of this portion of Rose Garden Lane.

Floor/Public Comment Closed: Motion, Discussion, and Vote.

MOTION #1
Robert Goodhue motioned to recommend approval of the request to modify
Stipulation No. 4 for PHO-1-24--Z-60-23-2. Toby Gerst seconded the motion.

VOTE
13-0; motion to recommend approval of the request to modify Stipulation No. 4 for
PHO-1-24--Z-60-23-2 passed with Committee members Cashman, Gerst, Goodhue,
Hall, Mazza, Peterson, Schmidt, Sepic, Sparks, Ward, Wise, Mortensen, and
Popovic in favor.

MOTION #2
Danny Mazza motioned to recommend approval of the request to delete Stipulation
No. 14 for PHO-1-24--Z-60-23-2. Roy Wise seconded the motion.

VOTE
12-1; motion to recommend approval of the request to delete Stipulation No. 14 for
PHO-1-24--Z-60-23-2 passed with Committee members Cashman, Gerst, Hall,
Mazza, Peterson, Schmidt, Sepic, Sparks, Ward, Wise, Mortensen, and Popovic in
favor; and Goodhue in opposition.

STAFF COMMENTS REGARDING VPC RECOMMENDATION:

None.

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Village Planning Committee Meeting Summary
Z-60-23-2

Date of VPC Meeting
December 4, 2023
Request From
PUD (5.02 acres)
Request To
A-1 (5.02 acres)
Proposal
Warehousing and office building
Location
Approximately 375 feet east of the southeast corner of
25th Place and Rose Garden Lane
VPC Recommendation
No quorum
VPC Vote
No quorum

VPC DISCUSSION:

No quorum.

STAFF COMMENTS REGARDING VPC RECOMMENDATION:

None.

EXHIBIT H

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PHO-1-24--Z-60-23-2
Proposed Conceptual Site Plan
Hearing Date: December 18, 2024

EXHIBIT I