Attachment C - PHO Summary - PHO-1-24--Z-SP-11-05-7.pdf

REPORT OF PLANNING HEARING OFFICER ACTION 
Byron Easton, Planner III, Hearing Officer  
Teresa Garcia, Planner I, Assisting  
September 18, 2024 
ITEM NO: 3 
DISTRICT NO. 7 
SUBJECT: 
Application #: 
PHO-1-24--Z-SP-11-05-7 
Location: 
Approximately 1,680 feet north of the northwest corner of 
91st Avenue and Lower Buckeye Road 
Zoning: 
CP/GCP SP 
Acreage: 
6.91 
Request: 
1)
Request to modify Stipulation 1 regarding general
conformance to the site plan date stamped August 5,
2005.
2)
Request to modify Stipulation 1.B regarding the
construction of future buildings on the site.
3)
Request to delete Stipulation 1.C regarding
dustproofing.
Applicant: 
Marcela Mora-Yatko, Gilbert Blilie PLLC 
Owner: 
Cortez Holdings LLC 
Representative: 
Jeff Blilie, Gilbert Blilie PLLC 
ACTIONS: 
Planning Hearing Officer Recommendation:  The Planning Hearing Officer 
recommended approval with modifications and an additional stipulation. 
Village Planning Committee (VPC) Recommendation:  The Estrella Village 
Planning Committee reviewed the request on September 17, 2024 and 
recommended approval with a vote of 7-0. 
FINDINGS: 
1) The request to modify Stipulation 1 regarding general conformance to the
site plan is recommended to be approved.  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
ATTACHMENT C

Planning Hearing Officer Summary of September 18, 2024 
Application PHO-1-24—Z-SP-11-05-7 
Page 2 
 
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. 
 
2) The request to modify Stipulation 1.B is recommended to be approved.  
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 1.B requests that any buildings constructed on 
the site conform with the updated architecture and features proposed with 
this request. 
 
3) The proposed deletion of Stipulation 1.C is recommended to be approved.  
The request is in response to the revised site plan and the area that 
previously identified as a dust proofed area being developed as retention, 
future storage buildings and parking. Due to the proposed development of 
the dust-proofed area on the site, the proposed site plan included with this 
application no longer identifies a dust-proofed area, therefore, this 
stipulation is longer be applicable. 
 
4) 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: 
 
STIPULATIONS 
 
 
SITE PLAN/ELEVATIONS 
1. 
That The site shall be developed in general conformance to the site plan 
date stamped SEPTEMBER 13, 2024 August 1, 2005, as modified by the 
following stipulations and as approved or modified by the PLANNING AND 
Development Services Department. 
 
 
A. 
That Building heights in the CP/GCP shall not exceed 40 feet. 
 
 
B. 
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 OR MODIFIED by the PLANNING AND Development

Planning Hearing Officer Summary of September 18, 2024 
Application PHO-1-24—Z-SP-11-05-7 
Page 3 
 
Services Department. 
 
 
C. 
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. 
 
 
LANDSCAPING 
2. 
That The developer shall provide and maintain a minimum 10-foot-wide 
landscape setback with minimum 2-inch caliper shade trees along the 
inside of the 6-foot block walls where adjacent to the school site and 
proposed city park, as approved or modified by the PLANNING AND 
Development Services Department. 
 
 
PAVING 
3. 
That, Excluding the customer parking area, location of administrative 
offices and both parking stalls for trucks and driveway leading to the truck 
stalls, all other areas on this site shall be paved with stabilized granite and 
treated with “Soil-Loc” dust retardant or similar product, rather than 
asphalt, concrete, or decorative pavers, as approved by the Zoning 
Administrator, to minimize the “heat island” effect of large paved surfaces. 
 
 
RIGHT-OF-WAY 
4. 
That The development along 91st Avenue shall conform to the Estrella 
Village Arterial Street Landscaping program, that specifically provides 
landscaping requirements for arterial streets in the Estrella Village. 
 
 
5. 
That Right-of-way totaling 55 feet and a 10-foot sidewalk easement shall 
be granted for the west half of 91st Avenue. (Note: 91st Avenue is off-set 
by 9 feet to the west to miss the 69kv power poles) 
 
 
6. 
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 PLANNING AND Development Services Department. All 
improvements shall comply with all ADA accessibility standards. 
 
 
7. 
The applicant shall complete and submit the Developer Project Information 
Form for the MAG Transportation Improvement Program to Mr. Alan Hilty, 
(602) 262-6193, with the Street Transportation Department. This form is a 
requirement of the EPA to meet clean air quality requirements. 
 
 
8. 
PRIOR TO PRELIMINARY 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

Planning Hearing Officer Summary of September 18, 2024 
Application PHO-1-24—Z-SP-11-05-7 
Page 4 
 
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 Teleia Galaviz 
at teleia.galaviz@phoenix.gov or (602) 291-2559 or TTY: 7-1-1.