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To:	Mayor and City Council	Date:	September 30, 2009
From:	Debra Wilkins Stark AICP Planning Director
Subject:	item 5: Z-17-07-7- APPROXIMATELY 1,10 FEET WEST OF THE SOUTHWEST CORNER OF 47TH AVENUE AND SOUTHERN AVENUE

 

At the September 9, 2009, City Council Formal meeting, the ordinance adoption of this modification of stipulation request was withdrawn from the agenda to allow for additional discussion to take place with staff, the applicant and neighbors at the request of the District 7 Office.  On September 21, 2009, staff met with the applicant and neighbors to discuss issues.  In response to this meeting, Stipulation 14 has been modified to reflect the requested changes (bold/underlined text). 

 

Staff recommends approval of the Planning Hearing Officer recommendation and adoption of Ordinance G-5442 subject to Stipulations 1-16 as listed below:

 

Stipulations:

 

1.	That development shall be in general conformance with the site plan and landscape plan date-stamped October 26, 2007 AUGUST 11, 2009, and elevations date-stamped February 23, 2007 AUGUST 11, 2009, WITH SPECIFIC REGARD TO HEIGHT as modified by the following stipulations, and as approved by the Development Services Department.
2.	That development shall not exceed 7.35 dwelling units per acre.
3.	That, except for lots adjacent to 47th Avenue, solid walls on individual lots which are adjacent to a common tract (including but not limited to open space and pedestrian routes), street, alleyway, or other form of vehicular access route shall not exceed a height of 40 inches SIX FEET, as approved by the Development Services Department.
4.	That all fencing shall consist of stucco, decorative concrete, brick, stone, adobe, wrought iron, wood, or split rail; or some combination thereof, as approved by the Development Services Department.
5.	That the common tracts adjacent to Southern Avenue and 47th Avenue (the north and east perimeter property lines, respectively) shall contain trees planted 20 feet on center, 50% of which shall be 3-inch caliper and 50% shall be 2-inch caliper, as approved by the Development Services Department.
5. 6.	That vehicular entryways to the project shall be provided with alternative finishing materials such as stamped or color-integrated concrete, bricks, or pavers as approved by the Development Services Department.
7.	That development adjacent to 47th Avenue and Southern Avenue shall not exceed a building height of 20 feet, as approved by the Development Services Department.
6. 8.	That prior to final site plan approval, the property owner shall record documents that disclose to tenants of the site or purchasers of property within the site, the existence, proximity, and operational characteristics of Western Area Power Administration facilities as well as active agricultural and industrial uses, including active surface mining operations.  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.
7. 9.	That the property owner shall record documents that disclose the existence, and operational characteristics of Phoenix Sky Harbor International Airport 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.
8. 10.	That right-of-way totaling 55 feet and a 10-foot sidewalk easement shall be dedicated for the south half of Southern Avenue as approved by the Street Transportation Department.
11.	That right-of-way totaling 30 feet shall be dedicated for the west half of 47th Avenue as approved by the Street Transportation Department.
9. 12.	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.
10. 13.	That the applicant shall complete and submit the Developer Project Information Form for the MAG Transportation Improvement Program to the Street Transportation Department.  This form is a requirement of the EPA to meet clean air quality requirements.
11.	THAT THE PRAYER ROOM FACILITY SHALL BE LIMITED TO A MAXIMUM OF 30 FEET IN HEIGHT AND THE SUPPORT BUILDINGS AND CLASSROOMS SHALL BE LIMITED TO HEIGHTS AS SHOWN IN THE ELEVATIONS DATE STAMPED AUGUST 11, 2009, AS APPROVED BY THE DEVELOPMENT SERVICES DEPARTMENT.
12.	THAT THE DEVELOPER SHALL PRESENT THE FOLLOWING CONCEPTUAL PLANS TO THE LAVEEN VILLAGE PLANNING COMMITTEE FOR REVIEW AND COMMENT PRIOR TO PRELIMINARY SITE PLAN APPROVAL THROUGH THE DEVELOPMENT SERVICES DEPARTMENT.
	a.	LANDSCAPE PLAN
	b.	SIGNAGE FOR MONUMENT AND ENTRYWAY
13.	THAT PALM TREES SHALL NOT BE UTILIZED ON THE SITE, AS APPROVED BY THE DEVELOPMENT SERVICES DEPARTMENT.
14.	THAT THE APPLICANT SHALL NOTIFY THE FOLLOWING INDIVIDUALS BY MAIL 15 DAYS PRIOR TO ANY OF THE FOLLOWING EVENTS: PRELIMINARY SITE PLAN REVIEW MEETING, ZONING ADJUSTMENT HEARING OR PLANNING HEARING OFFICER HEARING. THE NOTICE SHALL INCLUDE THE DATE, TIME AND LOCATION OF MEETING/HEARING.
	a.	STEVEN KLEIN – 6820 SOUTH 66TH AVENUE, LAVEEN, AZ 85339
	b.	PHIL HERTEL – 2300 WEST BROADWAY ROAD, PHOENIX, AZ 85339
	c.	JON KIMOTO – 32 16 WEST ANSELL ROAD, LAVEEN, AZ 85339
	d.	STEPHANIE SCOVELL – 7426 SOUTH 45TH AVENUE, LAVEEN, AZ 85339
	e.	LCRD – P.O. BOX 863, PHOENIX, AZ 85339
	f.	SANDRA AKER – 4721 WEST SOUTHERN AVENUE, LAVEEN, AZ 85339
	g.	ROBERT MICHAEL - 4721 WEST SOUTHERN AVENUE, LAVEEN, AZ 85339
	h.	JAMES MICHAEL - 4721 WEST SOUTHERN AVENUE, LAVEEN, AZ 85339
	i.	WILLIAM MICHAEL - 4721 WEST SOUTHERN AVENUE, LAVEEN, AZ 85339
	j.	RICHARD MICHAEL - 4721 WEST SOUTHERN AVENUE, LAVEEN, AZ 85339
	k.	JED MILLER – P.O. BOX 207, LAVEEN, AZ 85339
	l.	DAVID PLEW – 6112 SOUTH 45TH AVENUE, LAVEEN, AZ  85339
15.	THAT A MINIMUM OF 10-FOOT LANDSCAPE SETBACK BE PROVIDED ALONG THE EAST AND WEST PROPERTY LINES WITH 2 INCH CALIPER TREES PLACED 20-FOOT ON CENTER OR IN EQUIVALENT GROUPINGS, AS APPROVED OR MODIFIED BY THE DEVELOPMENT SERVICES DEPARTMENT
16.	THAT A MINIMUM OF 25-FOOT LANDSCAPE SETBACK BE PROVIDED ALONG SOUTHERN AVENUE WITH 2 INCH CALIPER TREES PLACED 20-FOOT ON CENTER OR IN EQUIVALENT GROUPINGS, AS APPROVED OR MODIFIED BY THE DEVELOPMENT SERVICES DEPARTMENT.