Attachment C - PHO Summary - PHO-1-25--Z-29-12-7(5).pdf

City of Phoenix — Formal (2025-11-19)

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REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
June 18, 2025 
ITEM NO: 1 
DISTRICT NO. 5 
SUBJECT: 
Application #: 
PHO-1-25--Z-29-12-7(5) 
Location: 
Southeast corner of 99th Avenue and Thomas Road 
Zoning: 
PUD 
Acreage: 
197.0 
Request: 
1)
Request to modify Stipulation 1 regarding the updated
imagery within the development narrative.
Applicant: 
Jason Morris, Withey Morris Baugh, PLC 
Owner: 
Sheely Ted D / ET AL C/O William Sheely / ET AL 
Representative: 
Jason Morris, Withey Morris Baugh, PLC 
ACTIONS: 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with a modification and an additional stipulation. 
Village Planning Committee (VPC) Recommendation:  The Maryvale Village 
Planning Committee heard this request on June 12, 2025 and recommended 
approval with a vote of 12-1. 
DISCUSSION: 
Jason Morris, representative with Withey Morris Baugh PLC, introduced the 
subject site and explained that zoning history. He stated that the North Gateway 
Village Planning Committee (VPC) recommended approval by a vote of 12-1 and 
this PHO Hearing is the result of a great deal of planning between the applicant 
and City Council District office to update the PUD to conform with present market 
conditions and the shared vision between the developer and the City. He stated 
that the PUD has changed significantly since being approved in the 90’s and 
early 2000’s and all stakeholders have agreed that the renderings must be 
updated to support and reflect the new proposed development plan. There would 
be no change to the underlying uses that are contained in the PUD.  
Mr. Morris went on to explain the history of the Sheely Center PUD, including 
some of the difficulties that were present that prevented development of the site. 
IBM developed some of the infrastructure, including bringing water to the site.  
He continued to explain the updates to the site, including replacing much of the 
ATTACHMENT C

Planning Hearing Officer Summary of June 18, 2025 
Application PHO-1-25--Z-29-12-7(5) 
Page 2 
 
office uses with more mixed-use, including retail/commercial, multi-family, an as-
built, garden-style multi-family development, commerce park uses, and a 58,256 
square foot Sprouts grocery shopping center.  In addition, new public amenities 
are included in the exhibits, featuring two standard soccer fields, a park and 
trails. 
 
Byron Easton, Planning Hearing Officer, asked if Mr. Morris could speak about 
the large buildings located at the north of the site.  Mr. Morris explained that the 
large buildings will be aligned with employment uses and will include a 
government building.  Mr. Morris followed up with an explanation of the proposed 
vs. existing exhibits in the PUD including renderings and elevations 
 
Mr. Easton asked if the applicant would have to go through PUD Amendment 
process in addition to the PHO.  Mr. Morris stated that they will not be required to 
go through a PUD Amendment.  Mr. Easton asked if in addition to the renderings, 
the site plan is being replaced in the PUD Narrative.  Mr. Morris stated that yes, 
replacing the existing site plan with a revised conceptual site plan is part of the 
request. 
 
Mr. Easton, Planning Hearing Officer, explained that the request was approved 
by the Village Planning Committee with a vote of 12-1 and he voiced his support 
for the request and the various mix of uses that are being proposed. He 
recommended approval. 
 
FINDINGS: 
 
1) The request to modify Stipulation 1 regarding updating the imagery, 
including renderings and the site plan contained in the PUD Narrative, is 
recommended to be approved. The modification will include an updated 
stamp date to be consistent with the latest version of these exhibits.  
 
The Sheely Center PUD, originally approved in 2013, was approved as 
mixed-use in nature and this proposal still reflects that intent.  Although 
the site has been partially developed it has been re-designed as a 
horizontal mixed-use development in replacement of the originally 
planned, vertical mixed-use development. The original conceptual site 
plan for the Sheely Center PUD feature a more intense, urban, office 
centric design that has not come to fruition and is inconsistent with market 
demands.  The applicant’s request is limited to updating the exhibits within 
the PUD and will not change the uses allowed within the original PUD 
Narrative.  
 
2) Stipulation 3 is recommended to be modified by replacing the existing 
language with updated language consistent with recommendation from the 
Streets Transportation Department.  The stipulation now references a 
Master Street Plan that has been completed and approved by STD.  The

Planning Hearing Officer Summary of June 18, 2025 
Application PHO-1-25--Z-29-12-7(5) 
Page 3 
updated stipulation acknowledges the Master Street Plan and requires 
compliance with the Plan. 
3) The applicant did not submit a Proposition 207 waiver of claims prior to
the Planning Hearing Officer hearing. Submittal of this form is an
application requirement.  An additional stipulation is recommended to
require the applicant to record this form and deliver it to the City to be
included in the rezoning application file for record.
STIPULATIONS: 
1. 
An updated Development Narrative for the Sheely Center 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 JUNE 6, 2025 
September 27, 2012, as modified by the following stipulations. 
2. 
The applicant shall submit a revised Traffic Impact Study to the Street 
Transportation Department and Planning and Development Department 
prior to preliminary site plan approval. The applicant shall be responsible 
for any dedications and required improvements adjacent to the boundaries 
of the subject property as recommended by the traffic study, as approved 
by the Street Transportation Department and Planning and Development 
Department. 
3. 
ALL STREETS, WITHIN AND ADJACENT TO THE DEVELOPMENT, 
SHALL BE DEDICATED AND CONSTRUCTED PER THE APPROVED 
SHEELY FARMS MASTER STREET PLAN. The applicant shall submit a 
street alignment plan for public streets (design and alignment for all 
arterial and collector streets), prior to preliminary site plan approval, for 
review and approval by the Street Transportation Department and 
Planning and Development Department. 
4. 
Access to McDowell Road shall be reviewed by ADOT, Maricopa County, 
city of Tolleson, and the city of Phoenix. Notification of such review shall 
be submitted to the Street Transportation Department and the Planning 
and Development Department prior to preliminary site plan approval. 
5. 
The developer shall construct all streets within and adjacent to the 
development with paving, curb, gutter, sidewalk, curb ramps, streetlights, 
median islands, landscape and other incidentals as per plans approved by 
the Planning and Development Department. All improvements shall 
comply with all ADA accessibility standards.

Planning Hearing Officer Summary of June 18, 2025 
Application PHO-1-25--Z-29-12-7(5) 
Page 4 
 
6. 
PRIOR TO FINAL 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. 
 
 
 
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 Saneeya Mir 
at saneeya.mir@phoenix.gov or (602) 686-6461 or TTY: 7-1-1.