Attachment E - PC Summary - Z-8-19-8.pdf

REPORT OF PLANNING COMMISSION ACTION 
November 5, 2020 
ITEM NO: 8 
DISTRICT NO.: 8 
SUBJECT: 
Application #: 
Z-8-19-8 (MCP Holdings/ELS PUD) 
Location: 
Approximately 550 feet east of the southeast corner of 32nd Street and 
Southern Avenue 
From: 
S-1 BAOD 
To: 
PUD BAOD 
Acreage: 
14.81 
Proposal: 
Planned Unit Development to allow a landscaping contractor facility 
and nursery. 
Applicant: 
Gilmore Planning and Landscape Archictecture 
Owner: 
MCP Holdings, LC 
Representative: Jack Gilmore, Gilmore Planning and Landscape Archictecture 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
South Mountain 6/11/2019 Information only. 
South Mountain 12/10/2019 Continued. Vote: 13-0. 
South Mountain 10/13/2020 No Recommendation. Motion to deny failed by a vote of 6-
7. Motion to approve was made, however the quorum was lost before the vote.
Planning Commission Recommendation: Approval, per the staff recommendation, with 
additional stipulations. 
Motion Discussion: N/A. 
Motion details: Commissioner Bucshing made a MOTION to approve Z-8-19-8, per the 
staff recommendation, with the additional stipulation as read into the record, and add a 
stipulation to update all pages in the PUD Narrative that reference the side and rear 
landscape setbacks to conform to the landscape exhibits date stamped November 5, 
2020. That does then remove the 10-foot landscape setback along the side to the rear 
and replace those with the green hopseed hedge along the west portion of the south 
property line at 10 feet wide, and with no landscape setback along a portion of the south 
and the east. 
Maker: Busching 
Second: Howard 
Vote: 9-0 
Absent: None   
Opposition Present: Yes 
Attachment E

Findings: 
 
1. 
The proposal is consistent with the MUA character envisioned for the site in the 
General Plan. 
 
 
2. 
The proposal will allow for an existing business to continue operation in a 
manner that is consistent with the scale and character of the surrounding area. 
 
 
3. 
The proposal includes several enhanced landscaping standards and design 
guidelines that promote the rural and agricultural nature of the surrounding area. 
 
Stipulations: 
 
1. 
An updated Development Narrative for the ELS PUD reflecting the changes 
approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this 
request. The updated Development Narrative shall be consistent with the 
Development Narrative date stamped September 26, 2019, as modified by the 
following stipulations: 
 
 
 
 
a. 
Front Cover: Revise the submittal date information to add the City 
Council adoption date. 
 
 
 
 
b. 
Page 3, Project Overview and Goals: Replace references to Exhibits 1A 
and 1B with Exhibit 1. 
 
 
 
 
c. 
Page 4, Land Use Plan, 1st paragraph: Add BAOD design standards to 
5th sentence in the paragraph. 
 
 
 
 
d. 
Page 5, Land Use Plan 3rd paragraph: Replace second sentence with 
the following verbiage: “This has been the established pattern of 
landscape activities on the property for many decades, with the 
expectation that this general distribution will continue until there is a 
decision to redevelop and or expand portions of these permitted land 
uses, at which time an application for Site Plan approval or Major 
Amendment to the PUD will be processed.   
 
 
 
 
e. 
Page 7, Permitted Accessory Uses – South Half: Add an additional 
standard requiring a 50-foot setback from the east property line for 
green waste mulching and an additional standard requiring a 150-foot 
setback from residential uses for plant material container fabrication. 
 
 
 
 
f. 
Page 8, Existing Facilities: Update verbiage to indicate that future 
improvements will comply with development standards of both MUA and 
BAOD. 
 
 
 
 
g. 
Page 9, Development Standards Table: Remove sentence above table 
that reads “This table shall apply to all new improvements / projects on 
the property.”

h. 
Page 12, Perimeter Fencing: Relocate this paragraph to the Design 
Guidelines Section and remove sentence that reads “The fencing along 
the east, south and west sides will retain the existing chain link fencing, 
which is admittedly just functional.” 
 
 
 
 
i. 
Page 13, Design Guidelines, 2nd paragraph: Add BAOD for inclusion in 
design guidelines base standards. 
 
 
 
 
j. 
Page 15, Lighting Standards: Add reference to standards contained in 
MUA and Section 704 of the Phoenix Zoning Ordinance. 
 
 
 
 
k. 
Exhibits 4 and 5: Remove references to chain link fencing. 
 
 
 
 
l. 
Exhibit 8: Update Comparison of Development Standards Table to 
standards contained in the Development Narrative and remove 
references to accessory building standards. 
 
 
 
 
M. 
UPDATE ALL PAGES IN THE PUD NARRATIVE THAT REFERENCE 
THE SIDE AND REAR LANDSCAPE SETBACKS TO CONFORM TO 
THE LANDSCAPE EXHIBITS DATE STAMPED NOVEMBER 5, 2020. 
 
 
 
2. 
The developer shall construct all streets within and adjacent to the 
development 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. 
 
 
3. 
The property owner shall record a Notice to Prospective Purchasers of 
Proximity to Airport in order to disclose the existence, and operational 
characteristics of City of Phoenix Sky Harbor International Airport (PHX) to 
future owners or tenants of the property.  The form and content of such 
documents shall be according to the templates and instructions provided which 
have been reviewed and approved by the City Attorney. 
 
 
4. 
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 approval by the City Archaeologist prior to 
clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
5. 
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. 
 
 
6. 
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. 
 
 
7. 
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 
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.