Attachment C - PC Summary - PHO-1-24--Z-60-23-2.pdf
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REPORT OF PLANNING COMMISSION ACTION February 6, 2025 ITEM NO: 6 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 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 Appellant: Stephen Anderson, Gammage & Burnham, PLC ACTIONS: Village Planning Committee (VPC) Recommendation: Paradise Valley 12/12/2024 No quorum. 1/6/2025 Approval of the request to modify Stipulation No. 4. Approval of the request to delete Stipulation No. 14. Planning Hearing Officer (PHO) Recommendation: The Planning Hearing Officer heard the request on December 18, 2024 and recommended denial as filed, approval with modifications and an additional stipulation. Staff Recommendation: Denial as filed, approval with modifications and an additional stipulation, per the Planning Hearing Officer Recommendation. Planning Commission Recommendation: Denial as filed, approval with modifications and an additional stipulation, per the PHO recommendation, with a deleted stipulation. Motion Discussion: Vice-Chairperson Boyd asked a question of staff, whether the minutes of the Village Planning Committee meeting included the addition of Stipulation No. 5 that was recommended by the Planning Hearing Officer. Racelle Escolar stated that while it may have been the intention of the Village Planning Committee, the minutes did not capture the additional stipulation and there was no discussion of that stipulation. Following the recommendation of the Village Planning Committee would not include the additional stipulation recommended by the Planning Hearing Officer. ATTACHMENT C Motion details: Commissioner Gorraiz made a MOTION to adopt PHO-1-24—Z-60-23-2, per the Planning Hearing Officer recommendation, with the deletion of Stipulation No. 14 (new Stipulation No. 15). Maker: Gorraiz Second: James Vote: 9-0 Absent: None Opposition Present: No 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 approved. The Planning Commission believed that it was not fair to the applicant for them to be required to underground the existing overhead utilities when none of the other adjacent properties on the block are required to do so. 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. 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. 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. 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, 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. 15. 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. 16. 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. 17. 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. This publication can be made available in alternate format upon request. Please contact Teleia Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.