Attachment D - PHO APPLICATION - PHO-1-24--Z-SP-11-05-7.pdf
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To:
Date: August 15, 2024
From:
Departments Concerned
Joshua Bednarek
Planning & Development Department Director
Subject: P.H.O. APPLICATION NO. PHO-1-24--Z-SP-11-05-7 – 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-SP-11-05-7
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 delete Stipulation
1C. regarding dustproofing.
Contact Information
Name
Relationship
Type
Address
Phone
Fax
Email
Cortez Holdings
LLC
Owner
5325 West Mohave
Street Phoenix, AZ
85043
602-269-8341
mmedina@gmsconcrete.com
Mary Grace
McNear, Gilbert
Blilie PLLC
Representative
701 North 44th Street
Phoenix AZ 85008
480-236-0795
mgmcnear@mgmlawaz.com
Marcela Mora-
Yatko, Gilbert
Blilie PLLC
Applicant
701 North 44th Street,
Phoenix AZ 85008
480-429-3044
mmora-yatko@gilbertblilie.com
Property Location: 2350 South 91st Avenue
Acreage: 6.91
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-SP-11-5
1
Planning Hearing Officer Application
Request for Modification and Deletion of Stipulations: Z-SP-11-5
July 2024
Previous Case No.
Z-SP-11-05
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-SP-11-5,
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-45-05.
There are two cases on this site: Z-45-05 for a rezone to CP/GCP, and Z-SP-11-5, for a Special Permit (SP)
on 6.94 acres of the rezone site. 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
rezoning case and Special Permit case, PHO applications for both zoning cases are 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-SP-11-5
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-SP-11-
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-
SP-11-05
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-SP-11-5
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-SP-11-05, 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-
SP-11-05 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
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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2
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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
8-11-2005
7
E3
Q7-6
S-1 (Pending CP/GCP)
Estrella Village
6.94 Acres
Z-SP-11-05
Hexagon Management/GMS
CP/GCP SP
Z-SP-11-05
W WHYMAN AVE
S 90TH GLN
S 91ST AVE
PRIVATE DR
CP/GCP
SP*
CP/GCP*
CP/GCP*
S-1
SP*
Planning & Development Department
PHO-1-24--Z-SP-11-05-7 Property Location: Approximately 1,680 feet north of the northwest corner of
91st Avenue and Lower Buckeye Road
0
200
400
100
Feet ´
W WHYMAN AVE
S 90TH GLN
S 91ST AVE
PRIVATE DR
CP/GCP
SP*
CP/GCP*
CP/GCP*
S-1
SP*
mapservices@phoenix.gov
Planning & Development Department
PHO-1-24--Z-SP-11-05-7 Property Location: Approximately 1,680 feet north of the northwest corner of
91st Avenue and Lower Buckeye Road
0
190
380
95
Feet ´
PHO-1-24--Z-SP-11-05-7
Proposed Conceptual Site Plan
Hearing Date: September 18, 2024
PHO-1-24--Z-SP-11-05-7
Proposed Conceptual Site Plan
Hearing Date: September 18, 2024
PHO-1-24--Z-SP-11-05-7
Stipulated Site Plan
Hearing Date: September 18, 2024