Attachment C - Staff Report - PHO-1-21--Z-67-95-7.pdf

Staff Report: PHO-1-21--Z-67-95-7 
APPLICATION #:  
PHO-1-21--Z-67-95-7 
LOCATION: 
Northeast corner of 59th Avenue and Lower Buckeye Road 
EXISTING ZONING: 
A-1
ACREAGE: 
1.7 
REQUEST: 
1) Modification of Stipulation 1 regarding minimum landscape
adjacent to any public street.
2) Modification of Stipulation 4 regarding general conformance
to the site plan date stamped November 20, 1995.
3) Technical corrections to Stipulations 2 and 5.
APPLICANT: 
Taylor C. Earl, Earl and Curley, P.C. 
OWNER: 
 
Glenda D. Massey 
REPRESENTATIVE: 
Taylor C. Earl, Earl and Curley, P.C. 
STAFF RECOMMENDATION 
Approval with modifications and additional stipulations, as recommended by the Planning 
Hearing Officer. 
PLANNING HEARING OFFICER RECOMMENDATION 
The Planning Hearing Officer took the case under advisement on May 19, 2021. On June 
3, 2021, the Planning Hearing Officer took the case out from under advisement and 
recommended approval with modifications and additional stipulations. 
BACKGROUND/ANALYSIS 
The subject site is located on approximately 1.7 gross acres located at the northeast 
corner of 59th Avenue and Lower Buckeye Road and is zoned A-1 (Light Industrial). The 
applicant’s request only affects a portion of the approximately 37.71 acres included in the 
original rezoning request. This case was heard concurrently with PHO-1-21—Z-9-08-7 
which was also appealed to the August 5, 2021 Planning Commission agenda.  The 
conceptual plans in both cases depict the same development and comprise the subject 
properties of both cases.   
Attachment C

Staff Report – PHO-1-21—Z-67-95-7 
August 5, 2021 Planning Commission 
Page 2 of 9 
 
 
 
 
The applicant requested modification of Stipulation 1, regarding minimum landscaping 
adjacent to any public street. The proposed modification sought to retain the requirement 
for a 30-foot landscape setback along Lower Buckeye Road but remove the requirement 
for a 30-foot landscape setback on the west side of the development, along 59th Avenue. 
The applicant argued that there have been changed circumstances regarding properties 
to the west that no longer necessitate the need for an increased landscape setback.  
 
The applicant requested modification of Stipulation 4, regarding general conformance to 
the site plan date stamped November 20, 1995 (Exhibit H), to accommodate a new site 
plan. The stipulated site plan did not depict proposed buildings or land uses and is more 
akin to a conceptual plat map. Of the 12 parcels on the stipulated site plan, a semitrailer 
leasing facility was developed to the east of the subject property and an automobile 
auction site was developed to the north.  The proposed conceptual site plan depicts an 
approximately 248,188 square foot shell office/warehouse building surrounded by vehicle 
parking on the south and west sides. Semi-truck trailer parking is depicted along the 
north side of the building which is screened from Lower Buckeye Road by the building 
and from 59th Avenue by walls. The development will include office spaces on the 
southwest and southeast corners of the building. 
 
PREVIOUS HISTORY 
On February 21, 1996, the Phoenix City Council approved Rezoning Case No. Z-67-95-7, 
a request to rezone approximately 37.71 acres located at the northeast corner of 59th 
Avenue and Lower Buckeye Road from RE-35 (Single-Family Residence District) to A-1 
(Light Industrial), subject to stipulations. Companion General Plan Amendment Case No. 
GPA-SA-AA-1-95-7 was approved to amend the General Plan Land Use map designation 
from Commercial (Primary Core) to Industrial on September 6, 1995. 
 
The stipulated conceptual site plan in the original case depicts the 37.71-acre site broken 
into a 12-lot subdivision accessed by perimeter streets and a cul-de-sac that led from 
59th Avenue to the north property line. No specific development was envisioned for the 
site. The Planning Department Staff Report for Z-67-95-7 identified an uptick in General 
Plan Amendments at that time to Industrial in the surrounding area and development of 
new industrial spaces in the west Phoenix-Tolleson area south of Interstate 10. The 
proposed interchange location for the South Mountain Freeway is referenced as a growth 
opportunity for the area. This staff report also described the request as an opportunity to 
develop employment opportunities by constructing industrial centers, distribution centers, 
commerce parks, and business parks appropriate for a property located adjacent to a 
freeway and Village Core. 
 
NEIGHBORHOOD CONCERNS 
No correspondence was received.  
 
GENERAL PLAN LAND USE MAP DESIGNATION 
Industrial

Staff Report – PHO-1-21—Z-67-95-7 
August 5, 2021 Planning Commission 
Page 3 of 9 
 
 
 
 
CHARACTER OF SURROUNDING LAND USE 
 
 
 
Zoning 
Land Use     
  
On-site: 
 
A-1 
Agriculture 
 
North: 
 
A-2 
Agriculture 
 
South: 
 
CP/GCP 
Agriculture 
(Across Lower Buckeye Road) 
 
East: 
 
A-2 
Agriculture 
 
 
West: 
 
RE-35 
Vacant (ADOT right-of-way) 
(Across 59th Avenue) 
 
VILLAGE PLANNING COMMITTEE RECOMMENDATION 
The Estrella Village Planning Committee heard this case on May 18, 2021 and 
recommended approval by a vote of 5-0. 
 
PLANNING HEARING OFFICER FINDINGS 
The Planning Hearing Officer’s recommendation was based on the following findings: 
 
1) Stipulation 1 requires that the developer maintain a minimum 30-foot landscape 
setback adjacent to any public street.  In their written request, the applicant argued 
that Stipulation 1 was established because the specific future land uses were 
unknown at the time of the original rezoning case and the stipulation would 
mitigate potential impacts of intense or outdoor uses.  It is true that no specific 
tenants or land uses were identified in the original rezoning case.  However, the 
Planning Department Staff Report for Z-67-95 stated that the intent of the rezoning 
case and companion General Plan Amendment case was to develop employment 
opportunities by constructing industrial centers, distribution centers, commerce 
parks, and business parks appropriate to a freeway and Village Core location.  
Therefore, the stipulation was originally intended to apply to development 
proposals similar to the current applicant’s request.  The applicant’s proposal is 
uniquely similar given that the Loop 202 freeway is now built, the Village Core Plan 
as adopted in 2008 remains applicable on the west side of 59th Avenue, and the 
proposed use is an office and warehouse building. 
 
The applicant also argued that an enhanced perimeter setback on 59th Avenue is 
less relevant to A-1 land uses and more relevant to address more intense land 
uses in the A-2 zoning district, as was approved on the property adjacent to the 
north in Rezoning Case No. Z-9-08 (Note: PHO-1-21--Z-9-08-7 is being processed 
concurrently with this request).  It is true that A-2 zoning uses are more intense 
and, in some cases, require additional scrutiny regarding mitigating potential

Staff Report – PHO-1-21—Z-67-95-7 
August 5, 2021 Planning Commission 
Page 4 of 9 
 
 
 
 
impacts.  However, this is unrelated to the intent of the staff’s recommendation 
when recommending the stipulation, which was deemed applicable to A-1 land 
uses as described above. 
 
The applicant also argued that the stipulation was relevant at the time it was 
established to allow a transition from RE-35 zoning to the west and the A-1 zoning 
on the subject site, specifically because the Loop 202 freeway was not yet 
constructed.  However, the future freeway alignment was discussed throughout 
the case record and in fact, it was cited as a motivation for recommending 
approval of the requested rezoning subject to stipulations. 
 
Finally, the applicant argued that the construction of the Loop 202 freeway 
eliminates the need for the enhanced landscape setback because traffic along this 
portion of 59th Avenue is dominated by trucks and industrial users, not the 
common public.  However, the subject property is located at the intersection of two 
arterial streets and a major freeway.  Further, Lower Buckeye Road is identified in 
the Estrella Village Arterial Street Landscaping Program as one of two key streets, 
along with 67th Avenue, classified as Estrella Village Residential Parkways.  
These Parkways are subject to enhanced standards and are considered the main 
arteries into the Estrella Village and provide access to the Village's residential 
corridor.  Finally, the property is adjacent to the Estrella Village Core to the west 
which prioritizes pedestrian-oriented design.  It should be noted that the Village 
Core Plan was adopted in 2008 after advanced planning on the Loop 202 was 
underway.  This confluence of features and policy plans at this intersection 
supports the requirement for an enhanced landscape setback. 
 
It should also be noted that there are two additional rezoning cases along the east 
side of 59th Avenue between Lower Buckeye Road and the Roosevelt Canal 
which were approved after 1995.  These cases, in conjunction with Z-67-95, 
constitute the entire 59th Avenue frontage for this stretch.  Rezoning Case No. Z-
62-05, located north of the subject property, was stipulated (Stipulation 2 of the 
approval letter dated October 17, 2005) to provide a perimeter landscape setback 
along 59th Avenue in accordance with CP/GCP standards, which require a 
landscaped 30-foot setback from a perimeter lot line on a street.  Rezoning Case 
No. Z-9-08, located adjacent to the subject property to the north, was stipulated 
(Stipulation 1.a of Ordinance No. G-5173) to specific regard to landscape setbacks 
as shown on a site plan, which were 30 feet on both 59th Avenue and Lower 
Buckeye Road.  All properties along the east side of 59th Avenue between Lower 
Buckeye Road and the Roosevelt Canal are either developed with a minimum 30-
foot landscape setback or remain stipulated to this requirement. 
 
Stipulation 1 remains relevant based on the original intent of the rezoning case, 
the current development in the surrounding area, and the applicable policy plans in 
the area.  The applicant’s request is recommended to be approved with a 
modification.  The modification would retain the existing stipulation but reposition it 
as a condition of the general conformance stipulation described in Finding #2.

Staff Report – PHO-1-21—Z-67-95-7 
August 5, 2021 Planning Commission 
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This will allow the applicant to move forward with the conceptual site plan as 
shown but with the understanding that the landscape setback should be modified. 
 
2) Stipulation 4 addresses general conformance to the site plan date stamped 
November 20, 1995. This plan did not depict proposed buildings or land uses and 
is more akin to a conceptual plat map.  It depicted 12 parcels ranging from 2.0 to 
4.45 net acres.  Of these parcels, a semitrailer rental and leasing facility was 
developed to the east of the subject property and an automobile auction site was 
developed to the north.  The new proposed conceptual site plan depicts an 
approximately 248,188 square foot office and warehouse building.  Passenger 
vehicle parking is depicted along 59th Avenue and Lower Buckeye Road and 
loading areas, truck docks, and trailer parking are depicted along the north side of 
the building.  One driveway is proposed on 59th Avenue and two driveways are 
proposed on Lower Buckeye Road.  The site plan is consistent in scale and 
character with industrial development in the surrounding area and general 
conformance to the site plan is recommended.  However, the applicant’s request is 
recommended to be approved with a modification to delete the stipulation in its 
entirety and instead combine the language with the text of Stipulation 1 as 
described in Finding #1. 
 
While there are no currently stipulated elevations, the applicant provided 
conceptual building elevations for the proposal.  These are also recommended for 
general conformance to provide consistency with the applicant’s request in 
companion case PHO-1-21--Z-9-08-7, which does require general conformance to 
elevations.  The proposed elevations contain a variety of building materials and 
architectural details including concrete, steel columns, aluminum framed glass, 
steel doors and accents, pop outs, and a varied roofline.  These elevations are 
compatible with other similar industrial developments in the surrounding area. 
 
3) An additional stipulation is recommended to require that the development comply 
with the Estrella Village Arterial Street Landscaping Program.  This policy plan 
establishes planting standards regarding trees, shrubs, groundcover, tree spacing 
and other considerations for properties adjacent to arterial streets in the Estrella 
Village.  Lower Buckeye Road is also defined in this plan as a Residential Parkway 
which serves as one of the main arteries into the community and provides access 
to the Village's residential corridor. This will provide consistency with other recent 
approved zoning actions and developments in the surrounding area. 
 
4) The Public Transit Department recommends an additional stipulation requiring the 
developer to dedicate right-of-way and construct one bus stop bay and pad along 
northbound 59th Avenue, north of Lower Buckeye Road. The stipulation includes 
the relevant City of Phoenix Standard Details, spacing, and planting standards.  
The stipulation is recommended for inclusion. 
 
5) The Parks and Recreation Department recommends a stipulation requiring the 
developer to construct and dedicate a shared use path and related easement

Staff Report – PHO-1-21—Z-67-95-7 
August 5, 2021 Planning Commission 
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along the east side of 59th Avenue. This proposed shared use path is depicted on 
the City of Phoenix Facilities Map. The current proposed alignment shows a 
meandering pathway that crosses through multiple privately owned parcels along 
59th Avenue and near the alignment of the Loop 202 South Mountain Freeway. 
The recent construction of the Loop 202 may impact the final alignment of the 
shared use path in the surrounding area. Therefore, the stipulation is 
recommended for inclusion with the caveat that the path is to be approved or 
modified by the Parks and Recreation Department to allow staff to further clarify 
the final location, dimension, and/or alignment of the shared use path. 
 
The Parks and Recreation Department also recommends an additional stipulation 
requiring the developer to construct and dedicate a multi-use trail along Lower 
Buckeye Road.  The multi-use trail is depicted on the City of Phoenix Facilities 
Map.  This is consistent with the existing stipulation in companion case Z-9-08 to 
the east. 
 
6) The site is identified as archaeologically sensitive and three additional stipulations 
are recommended to be included to address requirements for archaeological 
survey and testing requirements. 
 
PLANNING HEARING OFFICER RECOMMENDED STIPULATIONS 
 
1. 
That a minimum 30 foot landscape setback (as per Section 626 of the 
Zoning Ordinance) be provided adjacent to any public street. 
 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE 
WITH THE SITE PLAN AND ELEVATIONS DATE STAMPED MARCH 
25, 2021, AS MODIFIED BY THE FOLLOWING STIPULATIONS AND 
APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT 
 
 
 
A. 
A MINIMUM 30-FOOT LANDSCAPE SETBACK SHALL BE 
PROVIDED ADJACENT TO ANY PUBLIC STREET. 
 
 
2. 
That Lot lines, not on an abutting street shall provide a minimum 5-foot 
wide landscaped area containing a minimum 15 gallon evergreen trees 
(or other plant materials as approved by the PLANNING AND 
Development Services Department) planted to a maximum of 20 feet 
on center or placed in equivalent groupings. 
 
 
3. 
That No outdoor storage shall be located within 100 feet of a public 
street and storage shall be enclosed with a minimum six foot high solid 
masonry wall.

Staff Report – PHO-1-21—Z-67-95-7 
August 5, 2021 Planning Commission 
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4. 
That development be in general conformance to the site plan dated 
November 20, 1995. 
 
 
4. 
A 10-FOOT PUBLIC MULTI-USE TRAIL SHALL BE CONSTRUCTED 
WITHIN A 30-FOOT EASEMENT PER THE TRAIL DETAIL IN 
ACCORDANCE WITH THE MAG SUPPLEMENTAL DETAIL ALONG 
WEST LOWER BUCKEYE ROAD AS APPROVED BY THE PARKS 
AND RECREATION DEPARTMENT. 
 
 
5. 
THE DEVELOPER SHALL PROVIDE A SHARED-USE PATH AND 
EASEMENT ALONG THE EAST SIDE OF 59TH AVENUE IN 
ACCORDANCE WITH THE CITY OF PHOENIX STANDARD TRAIL 
DETAILS AND AS APPROVED OR MODIFIED BY THE PARKS AND 
RECREATION DEPARTMENT. 
 
 
6. 
THE DEVELOPMENT SHALL CONFORM TO THE ESTRELLA 
VILLAGE ARTERIAL STREET LANDSCAPING PROGRAM, AS 
APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
 
7. 
5. 
That The applicant shall dedicate the following right-of-way as 
approved by the PLANNING AND Development Services Department. 
 
 
 
a. 
A 50 foot north half street for Lower Buckeye Road with a Type 
“B “ flair at the intersection of 59th Avenue. The applicant shall 
construct the north half of Lower Buckeye Road with paving, 
curb, gutter, sidewalk, street lights, landscaping and other 
incidentals, as approved by the PLANNING AND Development 
Services Department. 
 
 
 
b. 
A 50 foot east half street for 59th Avenue with a Type “B “ flair at 
the intersection of Lower Buckeye Road. The applicant shall 
construct the east half of 59th Avenue with paving, curb, gutter, 
sidewalk, street lights, landscaping and other incidentals, as 
approved by the PLANNING AND Development Services 
Department. 
 
 
 
c. 
A 21-foot by 21-foot triangle at the northeast corner of 59th 
Avenue and Lower Buckeye Road. 
 
 
 
 
d. 
Sufficient right-of-way to accommodate a far-side busbay (Detail 
P-1257) on 59th Avenue at Lower Buckeye Road.

Staff Report – PHO-1-21—Z-67-95-7 
August 5, 2021 Planning Commission 
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e. 
Additional easements and right-of-way dedications may be 
required by the PLANNING AND Development Services 
Department at the time of preliminary site plan approval. 
 
 
8. 
THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY AND 
CONSTRUCT ONE BUS BAY WITH AN ATTACHED BUS STOP PAD 
ALONG NORTHBOUND 59TH AVENUE NORTH OF LOWER 
BUCKEYE ROAD. THE BUS BAY SHALL BE CONSTRUCTED 
ACCORDING TO CITY OF PHOENIX STANDARD DETAIL P1256. THE 
ATTACHED BUS STOP PAD SHALL BE CONSTRUCTED 
ACCORDING TO CITY OF PHOENIX STANDARD DETAIL P1261 
WITH A MINIMUM DEPTH OF 10 FEET. THE BUS STOP PAD SHALL 
BE SPACED FROM THE INTERSECTION OF 59TH AVENUE AND 
LOWER BUCKEYE ROAD ACCORDING TO CITY OF PHOENIX 
STANDARD DETAIL P1258. TREES SHALL BE PLACED TO PROVIDE 
MINIMUM 50% SHADE COVERAGE TO THE BUS STOP PAD AT 
FULL MATURITY. 
 
 
9. 
IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY 
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA 
TESTING AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT 
OF THE DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY 
THE CITY ARCHAEOLOGIST PRIOR TO CLEARING AND GRUBBING, 
LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL. 
 
 
10. 
IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW 
OF THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY 
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED 
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY 
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL 
CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY 
EXCAVATIONS. 
 
 
11. 
IN THE EVENT ARCHAEOLOGICAL MATERIALS ARE 
ENCOUNTERED DURING CONSTRUCTION, THE DEVELOPER 
SHALL IMMEDIATELY CEASE ALL GROUND-DISTURBING 
ACTIVITIES WITHIN A 33-FOOT RADIUS OF THE DISCOVERY, 
NOTIFY THE CITY ARCHAEOLOGIST, AND ALLOW TIME FOR THE 
ARCHAEOLOGY OFFICE TO PROPERLY ASSESS THE MATERIALS. 
 
 
EXHIBITS 
A – Appeal Document (1 page) 
B – Applicant’s Narrative (7 pages) 
C – Aerial Map (1 page)

Staff Report – PHO-1-21—Z-67-95-7 
August 5, 2021 Planning Commission 
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D – Zoning Map (1 page) 
E – Approval Letter from Rezoning Case No. Z-67-95-7 (2 pages) 
F – Sketch Map from Rezoning Case No. Z-67-95-7 (1 page) 
G – Proposed Site Plan date stamped March 25, 2021 (1 page) 
H – Stipulated Site Plan date stamped November 20, 1995 (1 page) 
I – Proposed Elevations date stamped March 25, 2021 (4 pages) 
J – Estrella Village Planning Committee Summary from April 13, 2021 (2 pages) 
K – PHO Summary for PHO-1-21--Z-67-95-7 (10 pages)

EXHIBIT A

EXHIBIT B

March 25, 2021
Mr. Adam Stranieri
Planning Hearing Officer
City of Phoenix Planning & Development Department 
200 West Washington Street, 2nd Floor
Phoenix, AZ 85003
RE:
PHO Request Z-9-08-7 and Z-67-95-7 
Justification Narrative 
 
 
Northeast corner of 59th Avenue and Lower Buckeye Road
Dear Mr. Stranieri, 
 
Our firm represents Sun State Builders (“Sun State”), which is seeking to purchase the +/- 13.6 
acres located at the northeast corner of 59th Avenue and Lower Buckeye Road to develop a spec 
shell office/warehouse building on a property that has remained vacant for decades. The proposed 
changes to the site plan and elevations will result in a beautiful and modern facility that will be an 
asset to this area. Sun State is one of the elite and experienced builders in the Valley and will bring 
its expertise to this project.  
Background 
The City's General Plan land use map designates this site as “Industrial.”  The property is zoned 
A-1 and A-2 (see below).  The subject site is a single parcel with two different zoning districts. 
The southwest corner of the property is zoned A-1 and was part of the larger 40 acre rezoning case, 
approved by the City Council on February 21, 1996 (Z-67-95).

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Approval of the 1996 zoning case (Z-67-95) was subject to 5 stipulations.  Stipulation 4 of that 
approval required that development be general conformance to the site plan dated November 20, 
1995. It also included stipulations regarding landscape widths and right-of-way dedications. 
 
Subsequently, on June 4, 2008, a request to rezone approximately 13.81 acres of the larger 40-acre 
zoning case from A-1 to A-2 was approved by the City Council to allow a truck and tank repair 
facility. The zoning site plan showed a 42,000 square foot building placed near the center of the 
site. That building was to be used for commercial truck tank servicing and repair. There was also 
a second building along 59th Avenue frontage.  That building consisted of approximately 27,000 
square feet and was shown to be located approximate 102 feet east of the 59th Ave right-of-way. 
That building was to be used for office with minor flex/storage space. The overall site plan showed 
truck parking on the southern portion of the site along Lower Buckeye Road.  It also showed a 
“Lot 2” (or the A-1 zoning parcel) being located at the southwest corner of the overall property.  
Lot 2 was not part of this 2008 rezoning case.  
 
Approval of the 2008 zoning case (Z-9-08-7) was subject to 8 stipulations. Stipulation 1 of that 
approval requires that the development be in general conformance with the site plan and elevations 
date stamped February 5, 2008 as approved or modified by the Development Services Department. 
 
Each of the two zoning cases was approved with its own set of site plan and elevations stipulations.  
This request seeks to create a singular set of zoning stipulations for this subject site to allow the 
remaining parts of these two zoning cases to be developed.   It also seeks to modify the landscape 
setback on 59th Avenue due changed circumstances since the stipulations were implemented. 
Request 
Because each zoning case requires general conformance to a separate site plan and elevations it 
makes development of this site challenging. This request seeks PHO approval to replace both site 
plan and elevation stipulations with a single and new site plan and elevation stipulations.  All other 
stipulations, except those noted below, will remain. This PHO requests only applies to Stipulations 
1 and 4 in zoning case Z-67-95 (and only to approximately the southern half of the land originally 
within that zoning case) and Stipulations 1 and 1a in zoning case Z-9-08-7.  Specifically, this
request seeks to:
 
1) Modify Stipulation 1 in zoning case Z-67-95, which requires a minimum landscape 
setback adjacent to any public street.
2) Modify Stipulation 4 in zoning case Z-67-95, which requires general conformance to a 
site plan.
3) Modify Stipulation 1 in zoning case Z-9-08-7, which requires general conformance to a 
site plan and elevations. 
4) Modify Stipulation 1.a in zoning case Z-9-08-7, which requires landscape setback widths 
as show on the site plan and surrounding Lot 2.

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Zoning Case Z-67-95 - Stipulation No.1 
Current Wording.
That a minimum 30-foot landscape setback (as per Section 626 of the Zoning Ordinance) be 
provided adjacent to any public street.  
 
Proposed Wording. 
That a minimum 30-foot landscape setback (as per Section 626 of the Zoning Ordinance) be 
provided adjacent to any public street Lower Buckeye Road.
Rational: 
This modification seeks to retain the 30’ landscape setback along Lower Buckeye Road. But along 
59th Avenue, we are seeking to revert the standard back to the landscape standards applicable to 
A-1/A-2 (they are the same). Along Lower Buckeye Road a multi-use trail is required, so that 30’ 
makes sense. But along 59th Avenue, changed circumstances no longer justify augmenting the 
typical standard.  
 
We believe the A-1/A-2 standard are entirely adequate to address this situation.  This is exactly 
the situation those standards were designed to address. Unless there is a good reason to augment 
development standards in a particular case, the development standards of a particular zoning 
district should remain unaltered. We can understand why this augmentation was originally
required, but the justifications for such increase do not exist anymore.  
When the 1996 A-1 case was approved (which applies to the SWC of the site), the site plan was 
more of a plat map, showing lot lines (see below).
 
 
It did not show specific building footprints or suggest a type of industrial use. Under that open-
ended approval, the site could have been developed with some of the more intense A-1 uses or

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outdoor storage. That potential is reason enough to require an increased landscape setback. But 
that open-ended potential no longer exists because we are proposing a typical warehouse building 
with the service functions being located in the rear of the property. Our site plan, which we would 
be stipulated to, would ensure these constraints. By eliminating the question mark on how the site 
would be used, the “just in case” landscape increase is no longer justified.   
 
In other words, the project we are proposing is a very standard A-1 development.  There is nothing 
about our proposed use that requires an increase in the A-1/A-2 landscape requirements that have 
successfully been used for decades on hundreds of industrial projects in the City.
 
When the larger portion of our site was rezoned to A-2, that could have been a reason to seek an 
increased setback. After all, A-2 allows for greater intensity than A-1. But that too has been 
eliminated with our proposal. What we are proposing fits comfortably within A-1, again 
eliminating a need for increased landscape setbacks.  
 
Looking at external characteristics to the site, we see another reason why 30’ was justified back 
when both the A-1 and the A-2 rezoning cases were approved—but which now is no longer true.  
Back then, the west side of 59th Avenue had no freeway, and it was zoned for large-lot residential 
(i.e. RE-35). When transitioning from industrial to large-lot residential, even across an arterial, an 
increase in the landscaping setback is entirely justified.  
But since that time, the 202 freeway has been developed across the street.  Now, the only land 
between the subject site and the freeway is freeway right-of-way and land owned by a utility.1
1 The two parcels on the hard NWC are owned by SALT RIVER PROJECT AGR IMP POWER DIST and SALT 
RIVER VALEY WATER USERS ASSOCIATION, respectively.

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Completely eliminated is any potential for the land on the west side of 59th Avenue being 
developed with residential. Thus, the need for increased landscape standards to buffer such a 
potential residential use are also gone.  
 
Finally, consider that the use of 59th Avenue in this area has been dramatically and forever altered 
with the freeway. When these two zoning cases were approved, 59th Avenue between Lower 
Buckeye Road and Buckeye Road was used by the full spectrum of drivers, including residents 
living in the area. With the opening of the freeway, nearly all drivers using this stretch of 59th
Avenue would only be those accessing sites between Lower Buckeye Rd. and Buckeye Rd. and 
all of those sites are zoned industrial (A-1, A-2 or Ind-2 (Maricopa County)). If there were any 
sensitivities to the use of this stretch of roadway by the common public, those concerns are all but 
eliminated. 
Zoning Case Z-67-95 - Stipulation No.4 
Current Wording. 
That development be general conformance to the site plan dated November 20, 1995. 
Proposed Wording.
That development be general conformance to the site plan dated November 20, 1995 MARCH xx, 
2021.
Rational: 
This stipulation is being modified to allow for a new site plan.  This stipulation requires 
development to be in general conformance to a site plan dated November 20, 1995. In review of

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the City’s records that site plan appears to more like a subdivision plan or a plat map that shows 
lots rather than building locations.  The rezoning was for 40-acres and most of the 40 acres have 
been developed, except for property at the southwest corner of the subject site.  Because the 
majority of the 40-acre zoning case have already been developed, this request merely seeks to 
modify the stipulation to allow a single cohesive site plan. 
Zoning Case Z-9-08-7 - Stipulation No.1
Current Wording. 
That the development shall be in general conformance with the site plan and elevations date 
stamped February 5, 2008, as approved or modified by the Development Services Department with 
specific regard to the following: 
Proposed Wording. 
That the development shall be in general conformance with the site plan and elevations date 
stamped February 5, 2008March xx, 2021, as approved or modified by the Development Services 
Department with specific regard to the following: 
Rational: 
This stipulation is being modified to allow for a new site plan and elevations for a new use.  This 
stipulation requires development to be in general conformance to a site plan and elevations dated 
stamped February 5, 2008. In review of the City’s records the zoning site plan and elevation were 
specifically designed for a “diesel truck/tanker repair” facility that was being proposed at the time 
of the rezoning.  No development has occurred, and the property has remained vacant and 
undeveloped for decades.  Now Sun State Builders seeks to develop this site with an approximately 
248,000 spec building.  The new building fronts onto Lower Buckeye Road and sides to 59th
Avenue with all service functions being located on the north side of the building.  Truck parking 
is located internal to the site whereas the previous site plan allowed truck parking along Lower 
Buckeye Road.  The truck court is screened by walls and gates.  The new site plan shows regular 
vehicle parking along both 59th Avenue and Lower Buckeye Road.  The revised elevations are 
specific to the new building design being proposed.   
We believe the new proposed site plan provides a better site plan layout than the previous site plan.  
The new site plan places the service functions internal to the site away from public view.  
Furthermore, we believe the new elevations provide more architectural interest and a better 
streetscape.  Indeed, the previous site plan and the new proposed site plans and elevations are 
different, but the changes are warranted and justified. The elevations use color, score lines, varying 
wall heights and various material to create a well design architecturally pleasing building.  These 
changes are an enhancement over the previous plans. 
 
 
Zoning Case Z-9-08-7 - Stipulation No.1.a.
Current Wording. 
Landscape setback widths as shown on the site plan and the inclusion of a minimum 20 foot wide 
landscape setback surrounding lot 2.

7 | P a g e
Proposed Wording. 
That a minimum 30-foot landscape setback (as per Section 626 of the Zoning Ordinance) be 
provided adjacent to Lower Buckeye Road. 
Rational: 
The stipulation was originally in place because Lot 2 was an A-1 one being surrounded on the east 
and north by a A-2 rezoning case. But now Lot 2 is being developed together with the rest of the 
subject property, and this stipulation no longer makes sense. The rest of our modification is 
intended to echo the landscape stipulation discussed earlier. The rational discussed there would 
apply here as well. 
Conclusion
The previous zoning cases stipulated to old site plans and elevations. But no development has 
occurred, and the site has remained vacant since the zoning cases were approved. Now a new 
developer, with a proven track record, seeks to develop the site with an attractive building.  The 
site plan has been redesigned that internalize service and truck parking away from the public street 
and public view.  We believe this solution is better visually. 
 
With regard to the landscaping on 59th Avenue, the justifications for increasing the standard have 
gone away with the changes to our site plan and the changes to the area. There is no longer any 
reason to deviate from the typical standard.  
 
There is no question this development will be a positive for the community, bringing an attractive 
development and more jobs.  The adjustment being requested are minor and will not negatively 
affect the zoning approval in any significant way. 
Sincerely, 
 
Taylor C. Earl 
Partner 
  
o  (602) 265-0094 
tearl@earlcurley.com
O:\INDEX\Sun State Builders\59th Ave. & Lower Buckeye\Docs\PHO Justification Letter (FINAL)_3.25.2021.docx

EXHIBIT C

W LOWER BUCKEYE RD
S 59TH AVE
Maricopa County Assessor's Office
Planning & Development Department
PHO-1-21--Z-67-95-7
Property Location: Northeast corner of 59th Avenue and Lower Buckeye Road
0
160
320
80
Feet ´

EXHIBIT D

W LOWER BUCKEYE RD
S 59TH AVE
RE-35
A-1*
CP/GCP*
A-1*
A-1*
A-2*
A-1*
Planning & Development Department
PHO-1-21--Z-67-95-7
Property Location: Northeast corner of 59th Avenue and Lower Buckeye Road
0
160
320
80
Feet ´

EXHIBIT E

EXHIBIT F

EXHIBIT G

EXHIBIT H

EXHIBIT I

EXHIBIT J

ESTRELLA VILLAGE PLANNING COMMITTEE
MINUTES
Tuesday, May 18, 2021
Meeting was held electronically via a video conferencing platform
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
Mark Cardenas, Chair
Parris Wallace, Vice Chair
Bill Barquin
Beth Cartwright
Lisa Perez
Dafra Joel Sanou
Serika Ademolu 
Kevin Danzeisen
Dan Rush
Enrique Bojórquez
1.
Call to order, introduction of committee members, and announcements by the chair.
The meeting was called to order at 6:10pm by Chair Mark Cardenas with a 
quorum of 5 members present, 5 being required for a quorum.
2.
Review and approval of the April 20, 2021, meeting minutes.
Chair Cardenas asked for a motion to approve the minutes as presented.
MOTION
Ms. Lisa Perez made a motion to approve the minutes as presented.
Mr. Dafra Joel Sanou seconded the motion.
VOTE
5-0, motion passed; None in dissent.
3. Public comments concerning items not on the agenda.
Not for Committee discussion or action.
None.
4. PHO-5-21—Z-111-98-7: Presentation, discussion, and possible recommendation 
regarding a request to delete stipulation 26.c regarding review and approval of 
conceptual site plan and elevations for Phase II development for the property 
located approximately 238 feet east of the southeast corner of 67th Avenue and 
Lower Buckeye Road.  
No requests to speak from members of the public were received.
Enrique Bojorquez Gaxiola, staff, introduced himself and provided a presentation 
on case PHO-5-21—Z-111-98-7. He discussed the location of the site, previous 
PHO cases, and the request to delete Stipulation No. 26.c as proposed by the 
applicant. Phase II portion of the site plan was shown, in addition to the building 
elevations for the RV fuel canopies proposed by the applicant.
Jeff Winter, with Esencia LLC., introduced himself as the applicant and discussed 
the previously approved Phase I of the site. Phase II of the site was discussed, and

Estrella Village Planning Committee
Minutes – May 18, 2021
Page 2 of 4
he seeks approval of the request to delete Stipulation No. 26.c or modification of this 
stipulation instead of a deletion in order to develop the subject site as proposed.
Lisa Perez discussed the previous PHO case on this site, including the uses 
proposed at that time. The Planning Hearing Officer added Stipulation No. 26.c 
during the hearing process then. Residents in the area should have input on the 
future commercial pad proposed as part of Phase II and shown in the site plan.
Chair Cardenas asked for clarification on the public outreach conducted so far as 
part of this request.
Mr. Winter discussed the required outreach conducted as part of the process, which 
included HOA’s and other properties.
Ms. Perez believes that Stipulation No. 26.c should not be deleted.
Ms. Beth Cartwright agrees with Ms. Perez and mentioned that the uses proposed 
on this site will be visible from adjacent properties.
Vice Chair Parris Wallace agrees with Ms. Perez since she is familiar with this 
area. She asked the applicant if any in-person meeting were held with the adjacent 
HOA?
Mr. Winter responded that a formal meeting was held with the adjacent HOA as part 
of the first development phase of the site. Mailings were sent to adjacent properties 
as part of this second development phase.
Chairman Cardenas asked for a further discussion or a motion.
MOTION:
Ms. Perez motioned to deny case PHO-5-21—Z-111-98-7. Mr. Cardenas seconded 
the motion to approve.
VOTE:
5-0, motion passed; None in dissent.
5. PHO-1-21—Z-67-95-7: Presentation, discussion, and possible recommendation 
regarding a request to modify stipulations of entitlement for the property located at 
the northeast corner of 59th Avenue and Lower Buckeye Road.  Request to modify 
stipulation numbers 1 and 4 regarding minimum landscape adjacent to any public 
street and general conformance to the site plan and technical corrections to
stipulations 2 and 5.
6. PHO-1-21—Z-9-08-7: Presentation, discussion, and possible recommendation 
regarding a request to modify stipulations of entitlement for the property located 
approximately 280 feet north of the northeast corner of 59th Avenue and Lower 
Buckeye Road.  Request to modify stipulation numbers 1 and 1.a regarding general

Estrella Village Planning Committee
Minutes – May 18, 2021
Page 3 of 4
conformance to the site plan and elevations and landscape setback widths and 
landscaping surround lot 2; and technical corrections to stipulations 3, 5, and 6.
Agenda items 5 and 6 were heard together.
No requests to speak from members of the public were received on these agenda items.
Enrique Bojorquez Gaxiola, staff, introduced himself and provided a concurrent 
presentation on cases PHO-1-21—Z-67-95-7 and PHO-1-21—Z-9-08-7. He 
discussed the location of the site which is encompassed by both PHO cases. The 
site is adjacent to the Estrella Village Core, located across 59th Avenue. He 
discussed the existing and the requested stipulation modifications for cases PHO-1-
21—Z-67-95-7 and PHO-9-08-7. Previously approved site plans, and the building 
elevations for case Z-9-08-7, were shown for both cases. The proposed site plan 
and building elevations were shown.
Taylor Earl, with Earl and Curley, P.C., introduced himself as the applicant and 
discussed the location of the site. He discussed the portion of the Village Core 
adjacent to this site, noting the boundaries of both PHO cases in reference to the 
overall development site. The previously approved site plans and/or building 
elevations for both rezoning cases were shown, in addition to the proposed 
stipulation modification language. Changes to the circumstances for the original 
zoning stipulations were discussed and a building rendering was shown. The 
proposed site plan was discussed, and an overview of surrounding properties and 
local traffic along 59th Avenue were provided. The presentation concluded by 
discussing the benefits of approving the stipulations proposed.
Bill Barquin joined the meeting at 6:35pm, bringing the quorum to 6 members 
present.
Lisa Perez appreciates the landscape setback being maintained along Lower 
Buckeye Road, a designated Parkway in the Estrella Village.
Dafra Joel Sanou agrees with Ms. Perez.
Beth Cartwright lives in the area and drives often along Lower Buckeye Road, thus 
appreciates maintaining the landscaping along this roadway.
Chairman Cardenas asked for a further discussion or a motion.
Bill Barquin left the meeting at 6:50pm, bringing the quorum to 5 members.
MOTION:  PHO-1-21—Z-67-95-8
Ms. Perez motioned to approve case PHO-1-21—Z-67-95-8 as filed. Mr. Cardenas 
seconded the motion to approve.

Estrella Village Planning Committee
Minutes – May 18, 2021
Page 4 of 4
VOTE: 
5-0, motion passed; None in dissent.
Bill Barquin rejoined the meeting at 6:55pm, bringing the quorum to 6 members.
MOTION:  PHO-1-21—Z-9-08-7
Ms. Perez motioned to approve case PHO-1-21—Z-9-08-7 as filed. Ms. Cartwright
seconded the motion to approve.
VOTE: 
6-0, motion passed; None in dissent.
7. Staff update on cases recently reviewed by the Committee.
None.
8. Committee member announcements, requests for information, follow up, or future 
agenda items.  
None.
9. Adjournment.
Ms. Cartwright motioned to adjourn the meeting at 6:57pm. The motion was 
seconded by Ms. Wallace. All in favor.

EXHIBIT K

REPORT OF PLANNING HEARING OFFICER ACTION  
Adam Stranieri, Planner III, Hearing Officer  
Daniel Jordan, Planner I, Assisting  
May 19, 2021
ITEM NO: 2
DISTRICT 7
SUBJECT:
Application #:
PHO-1-21--Z-67-95-7
Location:
Northeast corner of 59th Avenue and Lower Buckeye Road
Existing Zoning: 
A-1 
Acreage:  
1.7
Request: 
1) Modification of Stipulation 1 regarding minimum 
landscape adjacent to any public street. 
2) Modification of Stipulation 4 regarding general 
conformance to the site plan date stamped November 
20, 1995.
3) Technical corrections to Stipulations 2 and 5.
Applicant:
Taylor C. Earl, Earl and Curley P.C.
Owner: 
 
Glenda D. Massey
Representative: 
Taylor C. Earl, Earl and Curley P.C.
ACTIONS
Planning Hearing Officer Recommendation: The Planning Hearing Officer took 
the case under advisement.  On June 3, 2021, the Planning Hearing Officer took 
the case out from under advisement and recommended approval with 
modifications and additional stipulations.  
Village Planning Committee (VPC) Recommendation: The Estrella Village 
Planning Committee heard this case on May 18, 2021 and recommended 
approval by a vote of 5-0.
DISCUSSION
This item was heard concurrently with PHO-1-21—Z-9-08-7.  
Taylor Earl, the representative, gave an overview of the requests. He stated that 
the construction of the Loop 202 has changed the character of the surrounding 
area and particularly for properties along 59th Avenue.  He stated that the area 
has continued to develop with industrial uses since the adoption of both rezoning 
cases. He stated that the property to the west of the subject property, across 
59th Avenue, is owned by public utility companies and adjacent to the freeway 
and is unlikely to be used in any practical manner. He stated that the proposed

Planning Hearing Officer Summary of May 19, 2021
Application PHO-1-21—Z-67-95-7 
Page 2 
conceptual site plan necessitates modifications to the stipulated site plans in both 
cases but would provide for a land use consistent with existing properties in the 
surrounding area. He discussed the existing stipulations regarding landscaping 
requirements in both cases. He stated that the proposed modification to 
Stipulation 1 in Z-67-95, regarding a minimum 30-foot landscape setback 
adjacent to a public street, should be considered due to changed circumstances 
regarding the Loop 202. He stated that the proposed modification to Stipulation 
1.a in Z-9-08 regarding landscape setback widths and landscaping surrounding 
Lot 2 is requested because the proposed development spans both parcels and it 
is no longer relevant to require a landscape buffer between them. He stated that 
the proposed site plan represented an improvement over the stipulated plan in 
that truck parking would be placed north of the building, interior to the site, rather 
than along the public streets. He stated that this would reduce impacts on the 
public street and eliminate the need for an increased buffer along 59th Avenue.
Mr. Earl stated that the stipulated site plan from Z-67-95 lacked detail and had 
the potential to develop with intense, outdoor primary uses. He stated that the 
new proposed site plan eliminated the potential for these more intense uses 
which justifies the deletion of the stipulated landscape setbacks. He stated that 
the A-2 zoning designation established in Z-9-08 could also permit more intense 
uses. He stated that while the property to the west, across 59th Avenue, is zoned 
RE-35 and inside the Estrella Village Core, it is unlikely to develop with 
residential land uses due to the development of the Loop 202. He stated that the 
construction of the Loop 202 also resulted in a changed circumstance by 
reducing regional traffic on the adjacent section of 59th Avenue between Lower 
Buckeye Road and Buckeye Road.  He stated that this portion of 59th Avenue is 
now primarily used by truck traffic only.  
Adam Stranieri stated that the circumstances may not have changed as much as 
the applicant has stated since the original approval of Rezoning Case Nos. Z-67-
95 and Z-9-08. He noted that the staff recommendation in Rezoning Case No. Z-
67-95 stated that the intent was to develop employment uses such as commerce 
parks, business parks, and industrial centers, which is consistent with the 
applicant’s proposal. He also noted that in that case, the staff recommendation 
referenced the impending construction of the Loop 202 and the adjacent Village 
Core area. He also noted that the Estrella Village Core Plan, approved in 2009, 
showed the alignment of the freeway and the core boundary along 59th Avenue.  
He stated that the requirement for a 30-foot landscape setback along 59th
Avenue, as stipulated in Case No. Z-67-95, was reiterated in new stipulations 
adopted by the City Council in Rezoning Case Nos. Z-62-05 to the north of the 
subject site and Z-9-08 even further north.  He stated that all property on the east 
side of 59th Avenue between Lower Buckeye Road and the canal has 
constructed or is stipulated to construct a 30-foot landscape setback.  Mr. Earl

Planning Hearing Officer Summary of May 19, 2021
Application PHO-1-21—Z-67-95-7 
Page 3 
stated that the changed circumstances regarding the Loop 202 and adjacent RE-
35 property to the west wouldn’t necessitate a 30-foot landscape setback. Mr. 
Stranieri responded that the prospect of the Loop 202 coming to this area existed 
when all the referenced rezoning cases occurred and may not be considered a 
changed circumstance. Mr. Earl stated that the ultimate alignment of the Loop 
202 was not certain at that time.  
Mr. Stranieri discussed the development standards for building and landscape 
setbacks in the industrial zoning districts. Mr. Earl stated that the actual use of 
59th Avenue and Lower Buckeye Road are quite different, despite both being 
arterial streets. He stated that 59th Avenue only supports traffic to industrial 
properties along that roadway due to the construction of Loop 202 whereas 
Lower Buckeye Road serves regional traffic to other parts of the Estrella Village.  
Mr. Stranieri stated that his only concern regarding the applicant’s request is the 
issue regarding the landscape setback along 59th Avenue and that the overall 
nature of the proposal, including the proposed conceptual building elevations, is 
compatible with the land use pattern and existing developments in the 
surrounding area. Mr. Earl stated that the upgrade in overall site design over the 
original stipulated plans could provide adequate justification to eliminate the 
stipulated enhanced landscape setback along 59th Avenue.  
Mr. Stranieri recommended an additional stipulation in both cases to require 
compliance with the Estrella Village Arterial Street Landscaping Program, which 
identifies Lower Buckeye Road as a residential parkway and provides a street 
cross-section and enhanced planting standards. He stated that the Public Transit 
Department recommends a dedication of right-of-way and construction of a bus 
bay on 59th Avenue for the parcel within the subject property of Z-67-95. He 
stated that the site was identified as archaeologically sensitive and 
recommended three additional stipulations addressing data testing and survey 
requirements in both cases. He stated the Parks and Recreation Department 
recommends a stipulation in both cases regarding a shared use path and 
easement along the east side of 59th Avenue. Mike Forst, representative of Sun 
State Builders, stated that he had discussed the required shared use path 
alignment on the site plan with the Parks and Recreation Department and they 
had reached an agreement on its construction. 
Mr. Stranieri stated he did recognize the improvements in the overall layout of the 
site and the building design beyond the original stipulated plans. He stated he is 
not comfortable making a decision immediately regarding the enhanced 
landscape setback along 59th Avenue. He stated that he would take the case 
under advisement in order to consider the multitude of arguments raised by the 
applicant, to review the applicability of relevant existing Ordinance standards to

Planning Hearing Officer Summary of May 19, 2021
Application PHO-1-21—Z-67-95-7 
Page 4 
the site, and to confer with the Development section staff who evaluated the 
conceptual site plan.
FINDINGS
1) Stipulation 1 requires that the developer maintain a minimum 30-foot 
landscape setback adjacent to any public street.  In their written request, 
the applicant argued that Stipulation 1 was established because the 
specific future land uses were unknown at the time of the original rezoning 
case and the stipulation would mitigate potential impacts of intense or 
outdoor uses.  It is true that no specific tenants or land uses were 
identified in the original rezoning case.  However, the Planning 
Department Staff Report for Z-67-95 stated that the intent of the rezoning 
case and companion General Plan Amendment case was to develop 
employment opportunities by constructing industrial centers, distribution 
centers, commerce parks, and business parks appropriate to a freeway 
and Village Core location.  Therefore, the stipulation was originally 
intended to apply to development proposals similar to the current 
applicant’s request.  The applicant’s proposal is uniquely similar given that 
the Loop 202 freeway is now built, the Village Core Plan as adopted in 
2008 remains applicable on the west side of 59th Avenue, and the 
proposed use is an office and warehouse building. 
 
The applicant also argued that an enhanced perimeter setback on 59th 
Avenue is less relevant to A-1 land uses and more relevant to address 
more intense land uses in the A-2 zoning district, as was approved on the 
property adjacent to the north in Rezoning Case No. Z-9-08 (Note: PHO-1-
21--Z-9-08-7 is being processed concurrently with this request).  It is true 
that A-2 zoning uses are more intense and, in some cases, require 
additional scrutiny regarding mitigating potential impacts.  However, this is 
unrelated to the intent of the staff’s recommendation when recommending 
the stipulation, which was deemed applicable to A-1 land uses as 
described above. 
 
The applicant also argued that the stipulation was relevant at the time it 
was established to allow a transition from RE-35 zoning to the west and 
the A-1 zoning on the subject site, specifically because the Loop 202 
freeway was not yet constructed.  However, the future freeway alignment 
was discussed throughout the case record and in fact, it was cited as a 
motivation for recommending approval of the requested rezoning subject 
to stipulations. 
 
Finally, the applicant argued that the construction of the Loop 202 freeway 
eliminates the need for the enhanced landscape setback because traffic 
along this portion of 59th Avenue is dominated by trucks and industrial 
users, not the common public.  However, the subject property is located at

Planning Hearing Officer Summary of May 19, 2021
Application PHO-1-21—Z-67-95-7 
Page 5 
the intersection of two arterial streets and a major freeway.  Further, 
Lower Buckeye Road is identified in the Estrella Village Arterial Street 
Landscaping Program as one of two key streets, along with 67th Avenue, 
classified as Estrella Village Residential Parkways.  These Parkways are 
subject to enhanced standards and are considered the main arteries into 
the Estrella Village and provide access to the Village's residential corridor.
Finally, the property is adjacent to the Estrella Village Core to the west 
which prioritizes pedestrian-oriented design.  It should be noted that the 
Village Core Plan was adopted in 2008 after advanced planning on the 
Loop 202 was underway.  This confluence of features and policy plans at 
this intersection supports the requirement for an enhanced landscape 
setback. 
 
It should also be noted that there are two additional rezoning cases along 
the east side of 59th Avenue between Lower Buckeye Road and the 
Roosevelt Canal which were approved after 1995.  These cases, in 
conjunction with Z-67-95, constitute the entire 59th Avenue frontage for 
this stretch.  Rezoning Case No. Z-62-05, located north of the subject 
property, was stipulated (Stipulation 2 of the approval letter dated October 
17, 2005) to provide a perimeter landscape setback along 59th Avenue in 
accordance with CP/GCP standards, which require a landscaped 30-foot 
setback from a perimeter lot line on a street.  Rezoning Case No. Z-9-08, 
located adjacent to the subject property to the north, was stipulated 
(Stipulation 1.a of Ordinance No. G-5173) to specific regard to landscape 
setbacks as shown on a site plan, which were 30 feet on both 59th 
Avenue and Lower Buckeye Road.  All properties along the east side of 
59th Avenue between Lower Buckeye Road and the Roosevelt Canal are 
either developed with a minimum 30-foot landscape setback or remain 
stipulated to this requirement.
Stipulation 1 remains relevant based on the original intent of the rezoning 
case, the current development in the surrounding area, and the applicable 
policy plans in the area.  The applicant’s request is recommended to be 
approved with a modification.  The modification would retain the existing 
stipulation but reposition it as a condition of the general conformance 
stipulation described in Finding #2.  This will allow the applicant to move 
forward with the conceptual site plan as shown but with the understanding 
that the landscape setback should be modified.
2) Stipulation 4 addresses general conformance to the site plan date 
stamped November 20, 1995. This plan did not depict proposed buildings 
or land uses and is more akin to a conceptual plat map.  It depicted 12 
parcels ranging from 2.0 to 4.45 net acres.  Of these parcels, a semitrailer 
rental and leasing facility was developed to the east of the subject 
property and an automobile auction site was developed to the north.  The 
new proposed conceptual site plan depicts an approximately 248,188

Planning Hearing Officer Summary of May 19, 2021
Application PHO-1-21—Z-67-95-7 
Page 6 
square foot office and warehouse building.  Passenger vehicle parking is 
depicted along 59th Avenue and Lower Buckeye Road and loading areas, 
truck docks, and trailer parking are depicted along the north side of the 
building.  One driveway is proposed on 59th Avenue and two driveways 
are proposed on Lower Buckeye Road.  The site plan is consistent in 
scale and character with industrial development in the surrounding area 
and general conformance to the site plan is recommended.  However, the 
applicant’s request is recommended to be approved with a modification to 
delete the stipulation in its entirety and instead combine the language with 
the text of Stipulation 1 as described in Finding #1. 
While there are no currently stipulated elevations, the applicant provided 
conceptual building elevations for the proposal.  These are also 
recommended for general conformance to provide consistency with the 
applicant’s request in companion case PHO-1-21--Z-9-08-7, which does 
require general conformance to elevations.  The proposed elevations 
contain a variety of building materials and architectural details including 
concrete, steel columns, aluminum framed glass, steel doors and accents, 
pop outs, and a varied roofline.  These elevations are compatible with 
other similar industrial developments in the surrounding area. 
 
3) An additional stipulation is recommended to require that the development 
comply with the Estrella Village Arterial Street Landscaping Program.  This 
policy plan establishes planting standards regarding trees, shrubs, 
groundcover, tree spacing and other considerations for properties 
adjacent to arterial streets in the Estrella Village.  Lower Buckeye Road is 
also defined in this plan as a Residential Parkway which serves as one of 
the main arteries into the community and provides access to the Village's 
residential corridor. This will provide consistency with other recent 
approved zoning actions and developments in the surrounding area. 
 
4) The Public Transit Department recommends an additional stipulation 
requiring the developer to dedicate right-of-way and construct one bus 
stop bay and pad along northbound 59th Avenue, north of Lower Buckeye 
Road. The stipulation includes the relevant City of Phoenix Standard 
Details, spacing, and planting standards.  The stipulation is recommended 
for inclusion. 
 
5) The Parks and Recreation Department recommends a stipulation requiring 
the developer to construct and dedicate a shared use path and related 
easement along the east side of 59th Avenue. This proposed shared use 
path is depicted on the City of Phoenix Facilities Map. The current 
proposed alignment shows a meandering pathway that crosses through 
multiple privately owned parcels along 59th Avenue and near the 
alignment of the Loop 202 South Mountain Freeway. The recent 
construction of the Loop 202 may impact the final alignment of the shared

Planning Hearing Officer Summary of May 19, 2021
Application PHO-1-21—Z-67-95-7 
Page 7 
use path in the surrounding area. Therefore, the stipulation is 
recommended for inclusion with the caveat that the path is to be approved 
or modified by the Parks and Recreation Department to allow staff to 
further clarify the final location, dimension, and/or alignment of the shared 
use path.
The Parks and Recreation Department also recommends an additional
stipulation requiring the developer to construct and dedicate a multi-use 
trail along Lower Buckeye Road.  The multi-use trail is depicted on the 
City of Phoenix Facilities Map.  This is consistent with the existing 
stipulation in companion case Z-9-08 to the east. 
 
6) The site is identified as archaeologically sensitive and three additional 
stipulations are recommended to be included to address requirements for 
archaeological survey and testing requirements. 
 
DECISION: The Planning Hearing Officer took the case under advisement. On 
June 3, 2021, the Planning Hearing Officer took the case out from under 
advisement and recommended approval with modifications and additional 
stipulations.
STIPULATIONS 
1.
That a minimum 30 foot landscape setback (as per Section 626 of the 
Zoning Ordinance) be provided adjacent to any public street.
 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE 
WITH THE SITE PLAN AND ELEVATIONS DATE STAMPED 
MARCH 25, 2021, AS MODIFIED BY THE FOLLOWING 
STIPULATIONS AND APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT
 
A. 
A MINIMUM 30-FOOT LANDSCAPE SETBACK SHALL BE 
PROVIDED ADJACENT TO ANY PUBLIC STREET. 
 
2.
That Lot lines, not on an abutting street shall provide a minimum 5 
foot wide landscaped area containing a minimum 15 gallon evergreen 
trees (or other plant materials as approved by the PLANNING AND 
Development Services Department) planted to a maximum of 20 feet 
on center or placed in equivalent groupings.
 
3.
That No outdoor storage shall be located within 100 feet of a public 
street and storage shall be enclosed with a minimum six foot high 
solid masonry wall.

Planning Hearing Officer Summary of May 19, 2021
Application PHO-1-21—Z-67-95-7 
Page 8 
 
4.
A 10-FOOT PUBLIC MULTI-USE TRAIL SHALL BE CONSTRUCTED 
WITHIN A 30-FOOT EASEMENT PER THE TRAIL DETAIL IN 
ACCORDANCE WITH THE MAG SUPPLEMENTAL DETAIL ALONG 
WEST LOWER BUCKEYE ROAD AS APPROVED BY THE PARKS 
AND RECREATION DEPARTMENT.
5.
THE DEVELOPER SHALL PROVIDE A SHARED-USE PATH AND 
EASEMENT ALONG THE EAST SIDE OF 59TH AVENUE IN 
ACCORDANCE WITH THE CITY OF PHOENIX STANDARD TRAIL 
DETAILS AND AS APPROVED OR MODIFIED BY THE PARKS AND 
RECREATION DEPARTMENT.
6.
THE DEVELOPMENT SHALL CONFORM TO THE ESTRELLA 
VILLAGE ARTERIAL STREET LANDSCAPING PROGRAM, AS 
APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
4.
That development be in general conformance to the site plan dated 
November 20, 1995. 
 
7.
5.
That The applicant shall dedicate the following right-of-way as 
approved by the PLANNING AND Development Services 
Department. 
 
a.
A 50 foot north half street for Lower Buckeye Road with a Type 
“B “ flair at the intersection of 59th Avenue. The applicant shall 
construct the north half of Lower Buckeye Road with paving, 
curb, gutter, sidewalk, street lights, landscaping and other 
incidentals as approved by the PLANNING AND Development 
Services Department. 
 
b.
A 50 foot east half street for 59th Avenue with a Type “B “ flair 
at the intersection of Lower Buckeye Road. The applicant shall 
construct the east half of 59th Avenue with paving, curb, gutter, 
sidewalk, street lights, landscaping and other incidentals as 
approved by the PLANNING AND Development Services 
Department.
 
c. 
A 21 foot by 21 foot triangle at the northeast corner of 59th 
Avenue and Lower Buckeye Road.
 
d.
Sufficient right-of-way to accommodate a far-side busbay

Planning Hearing Officer Summary of May 19, 2021
Application PHO-1-21—Z-67-95-7 
Page 9 
(Detail P-1257) on 59th Avenue at Lower Buckeye Road. 
 
e.
Additional easements and right-of-way dedications may be 
required by the PLANNING AND Development Services
Department at the time of preliminary site plan approval.
 
8.
THE DEVELOPER SHALL DEDICATE RIGHT-OF-WAY AND 
CONSTRUCT ONE BUS BAY WITH ATTACHED BUS STOP PAD 
ALONG NORTHBOUND 59TH AVENUE NORTH OF LOWER 
BUCKEYE ROAD. BUS BAY SHALL BE CONSTRUCTED 
ACCORDING TO CITY OF PHOENIX STANDARD DETAIL P1256. 
ATTACHED BUS STOP PAD SHALL BE CONSTRUCTED 
ACCORDING TO CITY OF PHOENIX STANDARD DETAIL P1261 
WITH A MINIMUM DEPTH OF 10 FEET. BUS STOP PAD SHALL BE 
SPACED FROM THE INTERSECTION OF LOWER BUCKEYE ROAD 
AND 59TH AVENUE ACCORDING TO CITY OF PHOENIX 
STANDARD DETAIL P1258. TREES SHALL BE PLACED TO 
PROVIDE MINIMUM 50% SHADE COVERAGE TO BUS STOP PAD 
AT FULL MATURITY. 
 
9.
IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY 
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA 
TESTING AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT 
OF THE DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY 
THE CITY ARCHAEOLOGIST PRIOR TO CLEARING AND 
GRUBBING, LANDSCAPE SALVAGE, AND/OR GRADING 
APPROVAL. 
 
10. 
IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW 
OF THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY 
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED 
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY 
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL 
CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY 
EXCAVATIONS. 
 
11.
IN THE EVENT ARCHAEOLOGICAL MATERIALS ARE 
ENCOUNTERED DURING CONSTRUCTION, THE DEVELOPER 
SHALL IMMEDIATELY CEASE ALL GROUND-DISTURBING 
ACTIVITIES WITHIN A 33- FOOT RADIUS OF THE DISCOVERY, 
NOTIFY THE CITY ARCHAEOLOGIST, AND ALLOW TIME FOR THE 
ARCHAEOLOGY OFFICE TO PROPERLY ASSESS THE 
MATERIALS.

Planning Hearing Officer Summary of May 19, 2021
Application PHO-1-21—Z-67-95-7 
Page 10 
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.  Please contact the Planning and Development Department, Tamra 
Ingersoll at voice number 602-534-6648 or TTY use 7-1-1.