Attachment C - PHO Summary PHO-1-25--Z-77-06-4.pdf

REPORT OF PLANNING HEARING OFFICER ACTION  
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
 
September 17, 2025 
 
ITEM NO: 2 
 
 
DISTRICT NO. 4 
SUBJECT: 
 
 
 
Application #: 
PHO 1-25--Z-77-06-4 
Location: 
Approximately 150 feet north of the northwest corner of 3rd 
Street and Catalina Drive. 
Zoning:  
R-5 TOD-1, P-1 TOD-1 (Approved C-2 H-R TOD-1) 
Acreage:  
2.28 
Request: 
1) 
Request to modify Stipulation 1 regarding general 
conformance to the site plan date stamped August 11, 
2006. 
2) 
Request to delete Stipulation 2 regarding development 
commencement. 
Applicant: 
Marcela Mora-Yatko, Gilbert Blilie PLLC 
Owner: 
 
Sherylene Yazzie, Navajo Nation Department of Health 
Representative: 
Paul Gilbert, Gilbert Blilie PLLC 
 
ACTIONS: 
 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with an additional stipulation. 
 
Village Planning Committee (VPC) Recommendation: The Encanto Village 
Planning Committee heard the request on September 8, 2025 and recommended 
approval by a vote of 11-0. 
 
DISCUSSION: 
 
Byron Easton, Planning Hearing Officer, noted the case was mis-advertised and 
did not include the request to modify general conformance to the elevations date 
stamped August 11, 2006. Staff confirmed the applicant's notification letters 
contained the correct language and the elevation review was part of the Encanto 
Village Planning Committee (VPC) public hearing.  Mr. Easton decided to move 
forward with the case. 
 
Paul Gilbert, representative of Gilbert Blilie PLLC, began by outlining the zoning 
history and overview of the subject site.  He noted the original proposed site plan 
depicted a 6-story mixed-use development including retail and residential uses, 
which was never constructed. He then noted that in 2009 the site was approved 
ATTACHMENT C

Planning Hearing Officer Summary of September 17, 2025 
Application PHO-1-25--Z-77-06-4 
Page 2 
 
for a use permit to allow a personal care home then in 2015, the original 3-story 
building constructed in the 1970’s was remodeled to the development on site 
today. Mr. Gilbert stated that the request is intended to clean up the zoning so 
that improvements can be made to the site, including outdoor seating areas, a 
playground, planter boxes for a communal garden, and a basketball court. He 
included the intent of this request is to vest the approved C-2 H-R TOD-1 zoning 
with the development of the current site plan. He went on to state that in addition 
to obtaining a use permit, they received a letter of support from the Midtown 
Neighborhood Association, which was submitted to Staff in preparation for this 
PHO hearing. He also noted that he received two letters of opposition from 
property owners to the south of the site regarding the smoking area located on 
the southeast corner of the site.  
 
Mr. Easton stated the proposed use is beneficial to the surrounding area and 
residents. He noted the building was previously constructed and the only 
proposed changes are additions to the amenities on the site. He added that the 
Encanto Village Planning Committee (VPC) heard the request on September 8, 
2025, and recommended approval by vote of 11-0. Mr. Easton added there were 
letters of opposition regarding the smoking area on site, he included a 
recommendation to provide smoking apparatuses that reduce the smoke and 
smell.  
 
Mr. Easton recommended approval of Stipulation 1 regarding general 
conformance to the site plan and elevations. He added a stipulation requiring a 
recorded Proposition 207 Waiver prior to final site plan approval. 
 
FINDINGS: 
 
1) The request to modify Stipulation 1 regarding general conformance to a 
site plan and elevations is recommended for approved.  The rezoning 
case approved C-2 HR TOD-1 for the development of an 82-foot, 6-story 
building intended to provide retail and multifamily uses.  This development 
never commenced and in 2009, a Use Permit was obtained to allow the 
existing 3-story building to be used as a 44-bed Personal Care Home.  
More recently, the building was updated and renovated, and an additional 
Use Permit and two variances were obtained in order to continue and 
expand the residential care facility.   
 
The existing building that is shown on the site plan and elevations is 
smaller in scale and intensity and as previously noted, the use is permitted 
under the C-2 HR TOD-1 zoning with a Use Permit.  The proposed 
Community Residence Center is consistent in scale and compatible in 
intensity with the land use pattern in the surrounding area. 
 
2) The request to delete Stipulation 2 regarding a development timeline is 
recommended to be approved.  The 36-month timeframe originally

Planning Hearing Officer Summary of September 17, 2025 
Application PHO-1-25--Z-77-06-4 
Page 3 
 
approved in 2006 has long expired and such a condition is no longer 
necessary. Furthermore, the building that was approved through the 2009 
site plan for the Personal Care Home Use Permit has since been 
developed.  
 
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. 
That THE development shall be in general conformance with the site plan 
and elevations date stamped JULY 29, 2025 August 11, 2006 as modified 
BY THE FOLLOWING STIPULATIONS and approved by the PLANNING 
AND Development Services Department. 
 
 
2. 
That the approval shall be conditional upon development commencing 
within 36 months of the City Council approval of this change of zoning in 
accordance with Section 506 B 1 of the Phoenix Zoning Ordinance. For 
purpose of this stipulation development shall commence with the issuance 
of building permits and erection of building walls on site. 
 
 
2. 
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. 
 
 
 
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