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PLEASE RESPOND ELECTRONICALLY TO JULIANNA PIERRE, 2ND FLOOR, 602-262-4544
To: Departments Concerned Date: September 16, 2020 From: Alan Stephenson
Planning & Development Department Director Subject: P.H.O. APPLICATION NO. PHO-3-20--Z-121-03-7(8) – Notice of Pending Actions by the
Planning Hearing Officer
1. Your attention is called to the fact that the Planning Hearing Officer willconsider the following case at a public hearing on October 21, 2020.
2. Information about this case is available for review at the Zoning Counter inthe Planning and Development Department on the 2nd Floor of Phoenix CityHall, telephone 602-262-7131, Option 6.
3. Staff, please indicate your comments and respond electronically [email protected] or you may provide hardcopies at the ZoningCounter in the Planning and Development Department on the second floorof Phoenix City Hall by September 23, 2020.
DISTRIBUTIONMayor’s Office (Lisa Fernandez), 11th Floor City Council (Matthew Heil), 11th Floor Aviation (Sheldon Daisley)CED (Michelle Pierson), 20th Floor Fire Prevention (Aaron Conway), 2nd FloorLight Rail (Joel Carrasco/Special TOD Only) Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor Parks & Recreation (Natasha Hughes), 16th Floor Public Transit (Kathryn Boris)Public Works (Ray Dovalina, Kristina Jensen, Elise Moore, Rudy Rangel, Roxanne Tapia), 5th FloorStreet Transportation Department (Maja Brkovic, Alan Hilty, Matthew Wilson), 5th Floor Street Transportation - Ped. Safety Coordinator (Mailen Pankiewicz), 5th FloorWater Services (Don Reynolds, Victor Romo), 8th Floor Planning and Development (Alan Stephenson, Joshua Bednarek), 3rd Floor Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th Floor Planning and Development/Historic Preservation Office (Kevin Weight), 3rd FloorPlanning Hearing Officer (Tricia Gomes, Adam Stranieri, Julianna Pierre), 2nd FloorVillage Planner (Enrique Bojorquez-Gaxiola, South Mountain) Village Planning Committee Chair (Patti Trites, South Mountain)
200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793
APPLICATION FOR PLANNING HEARING OFFICER ACTION
APPLICATION NO: PHO-3-20--Z-121-03
Council District: 7 8
Request For: Stipulation Modification
Reason for Request: Modification of Stipulation 1 regarding general conformance with the site plan date stamped January 7,2004. Deletion of Stipulation 1.A regarding parking between Pad B, Baseline Road, and 27th Avenue. Deletion of Stipulation1.B regarding general conformance with open space as shown on the site plan dated January 7, 2004. Modification ofStipulation 3 limiting the development to a maximum of 562 dwelling units. Modification of Stipulation 3.E limiting Parcel 8 to 21dwelling units. Technical corrections to Stipulations 2, 2.A, 2.B, 4, 5, 6, 7, 9, 10, 17, 18, 19, 20, 22, 23, and 28. Owner Applicant RepresentativeThe Cheryl B. Larkey Trust Casey Wollschlager, Summergate
CompaniesAdam Baugh, Withey Morris, PLC
1322 East Treasure Cove Drive 17305 Cedar Avenue # 200 2525 East Arizona Biltmore Circle A-212Gilbert AZ 85234 Lakeville MN 55044 Phoenix AZ 85016(952) 898-2461 (952) 898-2461 P: (602) 230-0600 F: (602) [email protected] [email protected] [email protected] Property Location: Approximately 660 feet east of the northeast corner of 23rd Avenue and South Mountain Avenue
Zoning Map: D-7 Quarter Section: 01-24 APN: 300-17-023B Acreage: 10.0
Village: South Mountain Last Hearing: CC RATIFICATION
Previous Opposition: YesDate of Original City Council Action: 03/17/2004 0600
Previous PHO Actions: 08/29/2007 10/06/2010Zoning Vested: S-1 (Approved R1-10)
Supplemental Map No.: Planning Staff: 073159
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorizedsubstantive policy statement. To request clarification or to obtain further information on the application process and applicablereview time frames, please call 602-262-7131 (option 6), email [email protected] or visit our website athttp://phoenix.gov/pdd/licensetimes.html.
A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to coverthe cost whether or not the request is granted
Fee Fee Waived Fee Date Receipt Purpose$1,080.00 $0.00 09/02/2020 20-0077867 Original Filing Fee
Signature of Applicant: _____________________________________________________ DATE: ___________________
Hearing Results
Planning Hearing Officer Planning Commission City CouncilDate: 10/21/2020 1000 AM Date: Date:
Appealed?: Appealed?:Action: Action: Action:
February 18, 2009
Mr. Paul Gilbert Beus Gilbert PLLC 4800 North Scottsdale Road, #6000 Scottsdale, AZ 85251
RE: Application Z-121-03-7
Dear Mr. Gilbert:
City of Phoenix PLANNING DEPARTMENT
This letter clarifies the City Clerk approval letter dated April 5, 2004, regarding the action of the City Council at their March 17, 2004, hearing on Z-121-03-7. The Planning Commission's March 10, 2004, recommendation on this application was to deny as filed and approve Rl-8, Rl-10, R-18, and C-1 subject to modified stipulations. Clarifications to the City Clerk's April 5, 2004, letter are underlined below.
APRIL 5, 2004 LEITER
The Phoenix City Council, at its meeting held March 17, 2004, considered a rezoning request for 215.58 acres, located on the southeast corner of 27th Avenue and Baseline Road, from S-1 to Rl-6, Rl-18, Rl-10, Rl-8, C-2 for single-family residential and commercial.
The Council granted this request as recommended by the Planning Commission (deny as filed and approve Rl-8, Rl-10, R-18. and C-1) with staffs modified and additional stipulations in the March 15, 2004 memo as follows:
Site Plan
1. That development shall be in general conformance with the site plan date stamped January 7, 2004; as approved or modified by the following stipulations and/or the Development Services Department.
A) That only one row of parking shall be allowed between Pad B, Baseline 'Road and 27th Avenue.
B) That residential subdivision open space shall be in general conformance with the site plan dated January 7, 2004.
200 West Washington Street, Phoenix, Arizona 85003 602-262-7131 FAX: 602-495-3793
Recycled Paper
Mr. Paul Gilbert April 5, 2004 Page 2
2. That development shall be in general conformance with the elevations date stamped October 17, 2003, as modified by the following stipulations and/or the Development Services Department:
A) The commercial elevations shall be reviewed and approved through the Planning Hearing Officer process, prior to preliminary site plan approval with the Development Services Department.
B) That the commercial parcel elevations shall incorporate a comprehensive design theme prior to preliminary site plan approval of the first building utilizing unifying material finishes and color schemes for elements such as signage, street lighting, fencing, site furniture, entry statements and paving treatments. Four sided architecture and roofline treatments shall be architecturally finished to minimize visual impact to adjacent residential districts, as approved or modified by the Development Services Department.
3. That development shall be limited to a maximum of 562 dwelling units; allocated in the following manner:
A) Parcel 2 shall be limited to 127 dwelling units.
B) Parcel 3 shall be limited to 152 dwelling units.
C) Parcel 4 shall be limited to 68 dwelling units.
D) Parcel 7 shall be limited to 97 dwelling units.
E) Parcel 8 shall be limited to 21 dwelling units.
F) Parcel 9 shall be limited to 55 dwelling units.
G) Parcel 10 shall be limited to 42 dwelling units.
4. That a 50-foot scenic corridor setback shall be provided along Baseline Road and developed in accord with the Baseline Scenic Drive Section. 651.E.1.a of the Zoning Ordinance as approved or modified by the Development Services Department.
5. That landscaped entry areas on Baseline Road, 27th Avenue and 19th Avenue shall contain a minimum of 250 square feet of landscaping and shall be maintained with a variety of at least four plant materials, one of which shall be Penstemon as approved by the Development Services Department. The landscaped area may be split into two areas per entry, if two entry signs are provided.
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Mr. Paul Gilbert April 5, 2004 Page 3
6. That all landscaped entries shall contain a mix of plant materials, including minimum 1.5-inch caliper trees(s) and Penstemon as approved by the Development Services Department.
7. That there shall be detached sidewalks with five-foot wide landscaped strips located between the sidewalk and back of curb from the entrances of the subdivision and adjoining major arterial/arterial streets for a distance of 120-feet within the residential development. The landscaped area shall be planted with minimum 1.5-inch caliper trees spaced 20-feet on center or in equivalent groupings with ground cover as approved by the Development Services Department.
8. That any landscaped medians, traffic mitigation islands, or open space/retention areas shall use Penstemon (if permitted in the right-of-way) as one of the plant materials.
9. That the applicant shall develop an architectural theme for the residential development that shall apply to all four sides of the homes. The theme shall assure that exterior accent materials (e.g., brick, stone), exterior detailing (stucco recesses, pop outs), and a street appurtenance package (such as, but not limited to, benches, ramadas and signage) convey a sense of continuity throughout the area north of South Mountain Avenue. The theme shall be approved by the Development Services Department prior to or concurrent with preliminary site plan approval for the first parcel.
10. That a minimum of two elevations for each floor plan shall have a covered front porch measuring at least 60 square feet in area with a depth of at least six feet as approved or modified by the Single Family Design Advisor in the Development Services Department.
11. That all residential lots within 100 feet of Baseline Road shall be restricted to single-story (20 feet) homes. That all residential lots along the northern property line of Parcel 7 shall be restricted to single-story (20 feet) homes. That 50% of the residential lots within 60 feet of 27th Avenue, South Mountain Avenue, 23rd Avenue and 19th Avenue shall be restricted to single-story (15 feet) homes.
Parks and Recreation
12. That a 7.5-acre neighborhood park site shall be reserved, as_ shown on the site plan, as approved by the Parks and Recreation Department.
13. That a 10-foot public multi-use trail shall be constructed in accordance with City of Phoenix standard trail detail along Baseline Road and 27th Avenue as approved by the Parks and Recreation Department.
14. That an 8-foot public multi-use trail shall be constructed in accordance with City of Phoenix standard trail detail along the north side of South Mountain Avenue and the east side of 23rd Avenue as approved by the Parks and Recreation Department.
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Mr. Paul Gilbert April S, 2004 Page 4
Other
lS. That prior to final site plan approval, the property owner shall record documents that disclose to purchasers of property within the development the existence and potential nuisances of the horse and farming operations in close proximity to the site. The form and content of such documents shall be reviewed and approved by the City Attorney.
16. That a minimum 7.5-acre elementary school site shall be reserved at the location shown on the site plan per the Roosevelt Elementary School District, unless otherwise waived. This site shall be reserved for one year from final approval for the adjacent phase two subdivision.
Streets and Transit
17. That right-of-way totaling 60 feet and a 10-foot sidewalk easement shall be dedicated for the south half of Baseline Road, or as modified by the Development Services Department.
18. That right-of-way totaling SO feet shall be dedicated for the east half of 27th Avenue, or as modified by the Development Services. Department.
19. That right-of-way totaling SO feet shall be dedicated for the west half of 19th Avenue, or as modified by the Development Services. Department.
20. That right-of-way totaling 30 feet shall be dedicated for the east and west halves of 23rd Avenue, or as modified by the Development Services Department.
21. That a 21-foot by 21-foot right-of-way triangle, shall be dedicated at all comers of arterial/arterial and arterial/collector street intersections.
22. That additional right-of-way shall be required for flares at intersections and traffic calming devices as approved or modified by the Development Services Department.
23. That 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 Development Services Department. All improvements shall comply with all ADA accessibility standards.
24. That the applicant shall complete and submit the Developer Project Information for the MAG Transportation Improvement Program to the Street Transportation Department (602) 262-6193. This form is a requirement of the EPA to meet clean air requirements.
25. That right-of-way shall be dedicated along with a bus bay (P-1262) and transit pad (P-1261) constructed along Baseline Road east of 27th Avenue as approved by the Public Transit Department.
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Mr. Paul Gilbert April 5, 2004 Page 5
26. That right-of-way shall be dedicated and transit pad (P-1262) shall be constructed at the following locations as approved by the Public Transit Department.
A) Eastbound Baseline Road, east of 25th Avenue.
B) Southbound 19th Avenue, south of South Mountain Avenue.
C) Northbound 27th Avenue, north of Olympic Drive.
27. That approval shall be conditioned upon development within 18 months of final City Council approval of this request.
28. That all lots backing up to open space within the community shall utilize view fencing (maximum 3-foot decorative block), except adjacent to the property at 2050 West South Mountain Avenue, which shall be composed of a solid wall, as approved by the Development Services Department.
29. That vesting shall not occur until a traffic study is submitted by the applicant and approved by the Street Transportation Department.
30. That lots in Parcels 2, 3 and 4 shall be a minimum of 55 feet in width.
31. That the applicant shall provide traffic signal lights at the intersection of 27th Avenue and Baseline Road at the time traffic signal warrants are met, as approved by the Street Transportation Department, with consideration of design and/or development con.straints.
32. That properties south of South Mountain Avenue shall not prohibit an equestrian lifestyle (horses on 10,000 square foot lots).
If you require further assistance or information, please contact the Planning Department, Second Floor of Phoenix City Hall, 200 West Washington Street, or call (602) 262-7131.
Sincerely,
~~--Alan Stephenson Principal Planner
c: Planning Department Development Services Street Transportation Official Records
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PHO-3-20--Z-121-03-7(8) Property Location: Approximately 660 feet east of the northeast corner of 23rd Avenue and South Mounain Avenue
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PHO-3-20--Z-121-03-7(8) Property Location: Approximately 660 feet east of the northeast corner of 23rd Avenue and South Mounain Avenue
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PHO-3-20--Z-121-03-7(8) Proposed Site Plan Hearing Date: October 21, 2020
PHO-3-20--Z-121-03-7(8) Stipulatded Site Plan Hearing Date: October 21, 2020
- 563 -
March 17, 2004
He remarked none of the changes were caught because there was a loophole in the Historic Preservation Ordinance. Mr. Simplot believed this was a great opportunity to revisit the Ad Hoc Committee recommendations from two years ago so staff could start addressing some of the loophole issues. He confirmed with the applicant that the roofline was not being changed nor was the exterior of the home. This was difficult because of his Historic Preservation background, but he believed this was a unique situation.
MOTION was made by Mr. Simplot, SECONDED by Mrs. Bilsten, that staff's recommendation be denied on Item 8. MOTION CARRIED 7-2, with Mr. Siebert and Mayor Gordon voting in opposition.
ITEM 9
Application: From: To: Acreage: Location: Proposal: Staff:
VPC Action:
PC Action:
DISTRICT7
Z-121-03-7 S-1
SOUTHEAST CORNER OF 27TH AVENUE AND BASELINE ROAD APPLICANT: BEUS GILBERT PLLC OWNER: VARIOUS REPRESENTATIVE: BEUS GILBERT PLLC - PAUL GILBERT
R1-6, R1-18, R1-10, R1-8, C-2 215.58 Southeast corner of 27th Avenue and Baseline Road Single family residential and commercial. Deny as filed and approve R1-6, R1-8, R1-10, R1-18 and C-1 subject to stipulations. South Mountain - January 13, 2004 - Denied as filed and approved R 1-8, R 1-10, R 1-18 and C 1 subject to additional stipulations. Vote 8-1 February 11, 2003 - Continued to March 10, 2004. Vote 6-2. March 10, 2004 - Recommendation will be verbal before City Council.
This item may be ratified on consent if an appeal is not received by 5:00 p.m. on Wednesday, March 17, 2004.
- 574-
March 17, 2004
Mr. Lingner mentioned the applicant agreed to install a four-way traffic signal at 27th Avenue and Baseline and was surprised more people did not complain about the traffic in the area. He remarked the developer agreed to work with staff to signal the intersection, which was a quicker process than relying on the conventional method. He confirmed with Mr. Gilbert that the traffic signal would get done as quickly as possible. He clarified there was an issue about ownership of land on adjacent corners and wanted Mr. Washington and staff to expedite the signal as quickly as possible.
Baseline Road had been an issue for him as well as Councilman Johnson, and Mrs. Bilsten, Chair of the Transportation Subcommittee, agreed to have Baseline Road a topic on the agenda. Mr. Lingner pointed out Council did realize the importance of the issue. He observed Ms. Sutor raised an issue that she be included in future discussions and asked that staff notify those in favor or opposed of all subsequent meetings with changes or adjustments to the project or site plan. He thought the Planning Commission took prudent action.
MOTION was made by Mr. Lingner, SECONDED by Mr. Mattox, that Item 9 be granted per the Planning Commission's recommendation with the modified and additional stipulations from the March 15, 2004, staff memo as follows:
Site Plan
1. That development shall be in general conformance with the site plan date stamped January 7, 2004, as approved or modified by the following stipulations and/or the Development Services Department.
A) That only one row of parking shall be allowed between Pad B, Baseline Road and 27th Avenue.
B) That residential subdivision open space shall be in general conformance with the site plan dated January 7, 2004.
2. That development shall be in general conformance with the elevations date stamped October 17, 2003, as modified by the following stipulations and/or the Development Services Department.
A) The commercial elevations shall be reviewed and approved through the Planning Hearing Officer process, prior to preliminary site plan approval with the Development Services Department.
- 580 -
March 17, 2004
Mr. Johnson recalled one of the speakers said the density was changing from what it was which was zero to two, and wanted to know what the zoning change was per acre. Mr. Richert responded the General Plan had classifications which showed along Baseline Road the zero to two density that would be applicable and there was an area behind that was higher in density. Staff looked at the overall plan and imposed on the development the fifty-foot setback which was consistent between Baseline, Rio Montana and the Laveen area. He indicated the more dense housing was closer to the street with the lower density moving toward the mountain area.
Mr. Richert continued the Planning Commission did not want to go with any R1-6 zoning because it was dense, so their recommendation was for R1-8, R 1-1 O and R 1-18 which gave three levels of housing.
Mr. Gilbert remarked the density with the reduction in lots was 2. 71 units per acre.
MOTION CARRIED UNANIMOUSLY.
ITEM 11
Application: From: To: Acreage: Location: Proposal: Staff: VPC Action:
ZHO Action: PC Action:
DISTRICT2 SOUTHWEST CORNER OF 16TH STREET AND LOOP 101 APPLICANT: BEUS GILBERT PLLC OWNER: JOHN FREEMAN AND CECIL BROWN REPRESENTATIVE: BEUS GILBERT PLLC - FELIPE A. ZUBIA
Z-102-03-2 - Appealed by the Opposition R1-8 C-0/G-O with height waiver (4.82 acres) 4.82 Southwest corner of 16th Street and Loop 101 Office Approve, subject to stipulations. Deer Valley - December 18, 2003 - Approved, subject to stipulations. Vote 8-2 January 5, 2004 - Approved with modified stipulations. February 11, 2003 - Approved with modified stipulations. Vote 8-0
