Attachment D - PHO APPLICATION - PHO-1-24--Z-45-05-7.pdf

To: 
Date: August 15, 2024
From: 
Departments Concerned 
Joshua Bednarek
Planning & Development Department Director 
Subject: P.H.O. APPLICATION NO. PHO-1-24--Z-45-05-7 – Notice of
Pending Actions  by the Planning Hearing Officer
1.
Your attention is called to the fact that the Planning Hearing Officer will
consider the following case at a public hearing on September 18, 2024.
2.
Information about this case is available for review at the Zoning Counter in
the Planning and Development Department on the 2nd Floor of Phoenix City
Hall, telephone 602-262-7131, Option 6.
3.
Staff, please indicate your comments and respond electronically to
pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter
in the Planning and Development Department on the second floor of Phoenix
City Hall by August 22, 2024.
DISTRIBUTION
Mayor’s Office (Tony Motola), 11th Floor
City Council (Stephanie Bracken), 11th Floor
Aviation (Jordan D. Feld)
CED (Michelle Pierson), 20th Floor
Fire Prevention (Joel Asirsan), 2nd Floor
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor
Parks & Recreation (Todd Shackelford), 16th Floor
Public Transit (Michael Pierce)
Street Transportation Department (Maja Brkovic, Josh Rogers, Alan Hilty, Chris Kowalsky), 
5th Floor 
Street Transportation - Ped. Safety Coordinator (Kurt Miyamoto), 5th Floor
Street Transportation - Floodplain Management (Tina Jensen, Priscilla Motola, Rudy Rangel), 
5th Floor
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Joshua Bednarek, Tricia Gomes), 3rd Floor
Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th Floor
Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor
Planning Hearing Officer (Byron Easton, Teresa Garcia), 2nd Floor
Village Planner (Nayeli Sanchez Luna, Estrella Village) 
Village Planning Committee Chair (Lisa Perez, Estrella Village) 
ATTACHMENT D
PLEASE RESPOND ELECTRONICALLY TO TERESA GARCIA 2ND FLOOR, 602-262-7399

200 W. Washington St., 2nd Floor, Phoenix, AZ  85003 ● 602-626-7131 
 
 
APPLICATION FOR PLANNING HEARING OFFICER ACTION 
APPLICATION NO: PHO-1-24--Z-45-05-7 
Council District: 7 
 
Request For: Stipulation Modification 
Reason for Request: Request to modify Stipulation 1 regarding general conformance to the site plan date stamped August 5, 
2005.;Request to modify Stipulation 1B. regarding the construction of future buildings on the site.;Request to modify Stipulation 
1C. regarding dustproofing. 
 
Contact Information 
 
 
 
 
 
Name 
Relationship  
Type 
Address 
Phone 
Fax 
Email 
Marcela Mora-
Yatko, Gilbert 
Blilie PLLC 
Applicant 
701 North 44th Street, 
Phoenix AZ 85008 
480-429-3044 
  
mmora-yatko@gilbertblilie.com 
Mary Grace 
McNear, Gilbert 
Blilie PLLC 
Representative 
701 North 44th Street, 
Phoenix AZ 85008 
480-429-3010 
  
mmcnear@gilbertblilie.com 
Cortez Holdings 
LLC 
Owner 
5325 West Mohave 
Street Phoenix, AZ 
85043 
602-269-8341 
  
mmedina@gmsconcrete.com 
 
Property Location: 2350 South 91st Avenue 
Acreage: 15.38 
 
Geographic Information 
 
 
Zoning Map 
APN 
Quarter Section 
E3 
101-14-577 
Q7-6 
 
Village: 
Estrella 
 
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized 
substantive policy statement. To request clarification or to obtain further information on the application process and applicable 
review time frames, please call 602-262-7131 (option 6), email zoning@phoenix.gov or visit our website at 
https://www.phoenix.gov/pdd/licensing-time-frames 
 
A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to cover 
the cost whether or not the request is granted 
 
 
I declare that all information submitted is true and correct to the best of my knowledge and belief. I acknowledge that any error in 
my application may be cause for changing its normal scheduling. 
 
 
 
Signature: ____________________________________________________     DATE: ___________________ 
 
Fee Information 
 
 
 
Fee 
Fee Waived 
Fee Date 
Purpose 
$1,725.00 
$0.00 
08/15/24 
PHO (3+ stipulations)

PHO for Z-45-05 
 
1 
Planning Hearing Officer Application 
Request for Modification and Deletion of Stipulations: Z-45-05 
July 2024 
 
Previous Case No. 
Z-45-05 
Kiva Project No.  
22-3360 
PAPP No. 
 
2306372 
 
Project Background and Detailed Description of Proposal 
The application seeks to modify two stipulations and remove one stipulation from zoning case Z-45-05, 
for a property located north of the northwest corner of 91st Avenue and Lower Buckeye Road. This PHO 
application is being filed concurrently with a separate application to modify and delete the same 
stipulations on Z-SP-11-05. 
A site plan application was submitted for the development of an office building, enclosed shop, and 
parking areas on the site. The uses for the site are allowed on the Property based on its current zoning; 
however, due to changes in the site plan impacting the stipulations on the zoning case, a PHO application 
is necessary. 
GMS has been planning this development since 2005, and offers the following description of the previous 
development activities on the project site. In November of 2005, at GMS’s request, the project site was 
rezoned from S-1 (Ranch or Farm Residence) to CP/GCP (Commerce Park/General Commerce Park) for the 
15.42-acre site, with an SP designation on 6.94 acres at the north of the property to allow for truck parking 
and outdoor storage of building materials. At the time of the rezoning, GMS initially sought the City’s A-1 
Zoning District. Based on Staff input, GMS changed its request to seek the CP/GCP Zoning.  
The Phoenix Zoning Ordinance (PZO) allows for the GMS use under Section 626(F)(2)(z). The text of the 
PZO states that “limited outdoor uses” including building contractors’ yards are permitted, “subject to use 
permit approval pursuant to Section 307,” and subject to several additional conditions.  So, as part of the 
rezoning process, and in order to obtain the required special permit, GMS applied for and attended a 
Zoning Hearing Officer (ZHO) Hearing on September 19, 2005.  The ZHO report approves the required 
permit and comments that the Estrella Village Planning Committee supported GMS’s request. The Phoenix 
Planning Commission recommended approval of the zoning change on October 5, 2005.  In response to 
our request for Council action, the Phoenix City Council approved the rezoning on November 2, 2005 
through Z-45-05. On November 2, 2005, the Phoenix City Council also approved a Special Permit on 6.94 
acres of the site for truck parking and outdoor storage of building materials through Z-SP-11-05.  
On May 7, 2008, GMS submitted a final plat for the site, and made a revised submittal of the final plat on 
March 18, 2009. On September 16, 2009, the Phoenix City Council approved the GMS final plat. This action 
vested the CP/GCP Zoning on the Property. 
In response to the recession of 2009, GMS halted its plans to build its headquarters on the site. In 2022 
GMS revived its plan to develop the Property and locate its corporate headquarters building there.  The 
Property is currently vacant and unimproved; therefore, GMS submitted a revised and updated site plan

PHO for Z-45-05 
 
2 
for the site. The updated site plan included office and storage buildings, retention areas, and parking 
spaces.  
An application for Site Plan Review (Option 2) was submitted to the City, and a development pre-
application meeting was held on December 8, 2022. In response to the City’s initial comments, GMS 
modified its site plan.   
A follow up pre-application meeting was held on November 15, 2023. During this meeting, the City noted 
the plan’s noncompliance with two stipulations from Z-45-05 and Z-SP-11-05, which share stipulations.  
Changing or removing the stipulations requires a Planning Hearing Officer (“PHO”) review.  Additionally, 
based on new elevations developed for the site, a third stipulation must be changed in order for the 
planned development to proceed.  We, therefore, respectfully request the review of the site plan and 
elevations for this site, and the modifications or deletions to the stipulations for Z-45-05 as outlined below.  
Complete Text of all Stipulations Included in Request for Modification or Deletion for Z-45-05 
Stipulation No. 1. That the site shall be developed in general conformance to the site plan date 
stamped August 1, 2005, as modified by the following stipulations and as approved or modified by the 
Development Services Department. 
Stipulation No. 1B. That any future buildings constructed in the CP/GCP, shall have similar 
architecture and features as originally proposed in this request, as may be approved by the Development 
Servies Department.  
Stipulation No. 1C. That, if the area shown as a dust-proofed area is developed in the future, the 
revised site plan shall be subject to a Planning Hearing Officer process for review and approval.  
Proposed Modifications and Deletions to Stipulations Written in Legislative Edit Format for Z-
45-05 
Stipulation No. 1. That the site shall be developed in general conformance to the site plan date 
stamped August 1, 2005 JULY 3, 2024 as modified by the following stipulations and as approved or 
modified by the Development Services Department. 
Stipulation No. 1B. That any future buildings constructed ON SITE in the CP/GCP, shall have similar 
architecture and features as originally proposed in this request, as may be approved by the Development 
Servies Department.  
Stipulation No. 1C. That, if the area shown as a dust-proofed area is developed in the future, the 
revised site plan shall be subject to a Planning Hearing Officer process for review and approval.  
Detailed Rationale for Each Individual Request 
Stipulation No. 1  
Since the 2005 stamped site plan, GMS has updated the site plan to relocate the office building and 
storage buildings from the CP/GCP area to the CP/GCP -SP area, relocated and added parking spaces, and 
has reduced the number of driveways into the site from two to one primary driveway and one fire access 
driveway. Furthermore, GMS plans to develop the southern portion of the project in a future phase which 
differs from the August 2005 site plan. While these changes differ from the site plan date stamped August 
1, 2005, the overall proposed development fulfills a similar intent to what was originally proposed.

PHO for Z-45-05 
 
3 
Stipulation No. 1B 
Since the approval of the 2005 zoning case, the proposed buildings have been relocated from the CP/GCP 
area to the CG/GCP-SP area. Therefore, it is requested that any future buildings on the site conform to 
the same architecture and features regardless of where the building is located on the site.  
Additionally, the property owner has since developed an updated design for the office building and 
storage building on site. The modification of Stipulation 1B requests that any buildings constructed on the 
site conform with the updated architecture and features proposed with this request.   
Stipulation No. 1C 
The site plan date stamped August 2005 identified a dust-proofed area in the southwest area of the site. 
This area has since been identified as an area appropriate for a retention area, future storage buildings, 
and asphalt pavement for parking.  
Due to the proposed development of the dust-proofed area on the August 2005 site, per Stipulation #1C 
of Z-45-05, the site plan must be reviewed and approved by the Planning Hearing Officer. Additionally, 
the proposed site plan included with this application no longer identifies a dust-proofed area, therefore, 
this stipulation will no longer be applicable if the proposed development on the dust-proofed area is 
approved through this PHO process.  
Conclusion  
The Applicant is requesting the deletion of one stipulation and the modification of two stipulations on Z-
45-05 to develop the site consistent with the latest site plan and elevations. The Applicant and the 
developer thank you for your consideration of this request. The proposed zoning stipulation modification 
is accompanied by the following: 
• 
Application fee 
• 
Ownership authorization  
• 
Application information form 
• 
Proposed site plan 
• 
Proposed elevations and rendering  
• 
Parcel map 
• 
Legal Description 
• 
Property owner notification requirements

• 
City·of Phonix· 
November 8;.:2005 
'M9tt MПc;JinР/l;frСТ9gon;Mgt;1GMS 
.5325 V.V, Mohave Ave: 
Phci:e-nikAi ascj43 
Dear·ApplrcariY 
УI;_: Z_-45-05-.7 
.Pl:J:I.NNING:DEPARTMENT 
PleasФ-Х_eiЦ.ЧyiШedu \tit_,	he PhЩrj!2<·City:cqur,_¢il;-·in ac('.:prdanQe.with the pЪovision·s of 
Section.5_06;8A of thfZohing __ Orqin_a,nЫe., :Ьs-Эp:,e"r\tje_d; 'ha_s,_on NovЮmber·02, :20.05; 
·cЯncurred ih'.theitаcommendc:1tioб ofthe.,Plannjng C¢.r.j.mfasjq11 a.r-:i_вfhas,ratifiгd
clpplication,Z-45д0.5е7 tor.CR/GCP:.on approximately 15.42iacres IQжteз _appиpximйtкly
1 ;29.0 feet n_or:th oqhe•northwest:corner·.of9jst Avenue;and Lower, BucRлye Ro·ad.
-ST.IPULAJ;IONS":
·s1tEмJ?-LAN/ELнVAflbN"s
,1-•. Thatthe _s_it!:! shall be:developed in :general :conf,ormaiice'tо,tпe s_itр ;pJ)1 dсtт
sуфunp^d Augхst,'°1, 2.00!?,:c!$ modified QY tt)E:dollowing stipulations and as.approved or; 
modified bY:th·ц. pev$.lopri.iчmt'.Seiyi_ces -.PElpartrTlent: 
A:. Ihat·building. heightsшin the CP./Gc·p shaff iiot;exщeed 40 Jъ_eh 
B,. l)haJ ыny fut_ure t;>uiidings-constructed ·in•the ·CP/GGP, shall have:similar. arcьitectur'e 
·anq'feэti..ir,юя,c:1? originally. propos_ed in this· ,:equest, as·may be-.approved by the
Deveioprnent Se"fvѐce$ Dёpa'rtrneђt.
C. That, ·if-the-area stiown ѓi's ·c11dust,aproєfed areci)$,9ѕvіlop_d in-_the ftJturї; :the ,rјviљed.
site ·plan:shall: Qe-subject'to,a Planning :Hearing 0ffice"r- J':>r6cњss Jo(revjew:anћf apt?tpvќI.:
lAN_Dѝ<;_APING. 
2.'.· Tt)ўJ tt)_Efc;f_џ'{EHop_e_i,shall provi_c;Je_;_am;f n:iaJntain,a minimum 1.0-foot.Wid·e landscape . •
.setѠacѡ With ryii_nir:n'qrr:i 2ѢF:i¢fi calip_$r·sflade trees,_a[c;>!lg1the inside,of'the 6::.foot block 
walls where-adjacerit:tcHh"e!sqhool ѣi\$;andѤprop·9sed .city park, as:approved ormodi
fieq
.by the bevelopm·ent Servrcesd)epartmeriL 
PAVING· 
3. T.:t, ѥ1<cJ1,19ing•tne:-c_t,Jst0mer parѦing area, 1o·cation 'of"admihistrative offfoes:andfb-oth
pafl<i.rig $)allѧ for, tn-tcls.s!Ѩncj'·drivewc,!y·lѩaping to·the-truck stalls,_ all otlieLare·as on :(his
site shali Be _paVed W[tѪ:st.ѫ9ilize9 grѬri,iѭe.Ѯ_nd ·tr.ѯated with '"Soii.:Loc';··dust:re'tardant or
·slmifa"r•,product, ratner than -a_sRhalf, c(>r:
f¢r'eJѰ; cYr:d^c9.r.c1,iv.ѱ pave rs, a$ Ѳpprqv_ed_ by·the
Zon1nѳ,Adm1nistrator, to mfniniize·the_"hѴat,isla
i'1-dt' -ff$gJ1of,.lc1rg$ p_av_o ѵ-Ѷrfѷ9E;!_S .•
200 West WashingJcin SiieJt: Ph@hix;.AjiAOflB 8S0Q3· 602,26P 1,3.1 FC:;i502•il95·3793. 
Recycled PJper 
Mod
Mod
Del

*   Maximum Units Allowed with P.R.D. Bonus
APPLICANT'S NAME:
APPLICATION NO.
DATE:
REVISION DATES:
REQUESTED CHANGE:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO &
QUARTER SEC. NO.
ZONING MAP
MULTIPLES PERMITTED
CONVENTIONAL OPTION
*   UNITS P.R.D. OPTION
FROM:
TO:
CITY COUNCIL DISTRICT:
CITY OF PHOENIX PLANNING DEPARTMENT
NORTH
I-10
VAN BUREN ST
BUCKEYE RD
LOWER BUCKEYE RD
BROADWAY RD
SOUTHERN AVE
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S-1 SP *
SP14-00
APP
CP/GCP
Z-78-00
APP
R-2 PCD *
Z-142-98
S-1
S-1
R-2 PCD *
C-1*
R1-6 
PCD *
R1-6* PRD
R1-8 
PCD *
R1-6 PCD PRD *
RE-43
S-1
54-99
6-03
54-99
54-99
6-03
142-98
91st Ave
Lower Buckeye Rd
400
0
400 Feet
3-10-2005
7
E3
Q7-6
S-1
Estrella Village
15.42 Acres
45-05
45-05
Matt Medina/Hexagon Mgt./GMS
CP/GCP
5-12-2005
8-10-2005

S 89TH
AVE
S 89TH LN
W WHYMAN AVE
S 90TH LN
S 90TH GLN
W HAMMOND LN
S 90TH DR
W HUGHES DR
S 90TH GLN
W MAGNOLIA ST
S 90TH DR
W GIBSON LN
W WATKINS ST
W HILTON AVE
W HESS ST
S 91ST AVE
PRIVATE DR
S-1
R-2 PCD*
CP/GCP*
CP/GCP SP*
S-1 SP*
CP/GCP*
CP/GCP*
Planning & Development Department
PHO-1-24--Z-45-05-7
Property Location: Approximately 1,290 feet north of the northwest corner of 
                                 91st Avenue and Lower Buckeye Road
0
260
520
130
Feet ´

W HAMMOND LN
W WHYMAN AVE
S 90TH LN
S 90TH GLN
W GIBSON LN
S 90TH DR
W HUGHES DR
S 90TH GLN
W MAGNOLIA ST
W WATKINS ST
S 90TH DR
W HESS ST
W HILTON AVE
S 91ST AVE
PRIVATE DR
S-1
R-2 PCD*
CP/GCP*
CP/GCP SP*
S-1 SP*
CP/GCP*
CP/GCP*
mapservices@phoenix.gov
Planning & Development Department
PHO-1-24--Z-45-05-7
Property Location: Approximately 1,290 feet north of the northwest corner of 
                                 91st Avenue and Lower Buckeye Road
0
260
520
130
Feet ´

PHO-1-24--Z-45-05-7
Proposed Conceptual Site Plan
Hearing Date: September 18, 2024

PHO-1-24--Z-45-05-7
Proposed Conceptual Site Plan
Hearing Date: September 18, 2024

PHO-1-24--Z-45-05-7
Stipulated Site Plan
Hearing Date: September 18, 2024