Attachment B - VPC Recommendation - PHO-5-22--Z-14-05-1.pdf

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
Village Planning Committee Meeting Summary 
PHO-5-22--Z-14-05-1 
 
 
Date of VPC Meeting 
August 11, 2022 
Planning Hearing Officer 
Hearing Date 
August 17,2022 
Request 
• Modification of Stipulation 1 regarding general 
conformance with the site plans date stamped 
August 31, 2007 (PHO-1-07) and December 16, 
2020 (PHO-3-20);  
• Deletion of Stipulation 2 (PHO-1-07) regarding a 
master architectural theme;  
• Modification of Stipulation 2 (PHO-3-20) and 
Stipulation 3 (PHO-1-07) regarding landscape 
setbacks along 7th Avenue and Misty Willow 
Lane;  
• Deletion of Stipulation 5 regarding C-2 
landscaping standards within parking lots (PHO-
1-07); 
• Modification of Stipulation 7 (PHO-1-07) regarding 
disclosure of Deer Valley Airport and Goodrich 
Universal Propulsion Company; 
• Modification of Stipulation 7 (PHO-3-20) regarding 
right-of-way for Misty Willow Lane; 
• Deletion of Stipulation 10 regarding a bus bay on 
Happy Valley Road (PHO-1-07 and PHO-3-20); 
and  
• Technical correction to Stipulation 4 (PHO-1-07). 
 
Location 
Approximately 1,000 feet south of the southeast corner 
of 7th Avenue and Happy Valley Road  
VPC Recommendation 
Approval with modifications 
VPC Vote 
11-0; Members Davenport, DiLeo, Field, Herber, Lewis, 
Novak, Romero, Sutphen, Virgil, Kenney, and Grossman 
in favor. 
 
 
There were no speakers that spoke in opposition. 
 
This item was heard out of order.  
 
Attachment B

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
 
STAFF PRESENTATION: 
 
Racelle Escolar, staff, gave an overview of the PHO request including the subject site 
where the proposed stipulation modifications would apply, the subject site of the original 
rezoning request, and the previously stipulated project plans. Ms. Escolar detailed the 
modifications and deletions currently being requested as well as an updated site plan.  
 
APPLICANT PRESENTATION: 
 
Michael Buschbacher, with Earl & Curley, introduced himself on behalf of the 
applicant. Mr. Buschbacher gave an overview of the subject site and its site plan, as 
well as the key points of the PHO request including the land use designations and 
affected land tracts.  
 
QUESTIONS FROM THE COMMITTEE: 
 
Trilese DiLeo asked if this project was the same project that had already appeared 
before the Village twice previously requesting to remove a propulsion disclosure. Ms. 
Escolar responded that while she was not aware of the request Ms. DiLeo had 
mentioned, though if it were true the applicant would have to undergo a public hearing 
process to obtain a use permit and potential variances associated with a medical 
marijuana facility within the A-1 zoning district. Ms. DiLeo suggested that perhaps 
committee member Mark Lewis could speak more on the topic of a previously proposed 
propulsion site and water contamination in the area. 
 
Chair Grossman mentioned that was also familiar with a previous request to remove a 
stipulation requiring a disclosure notice for a propulsion site.  
 
Mark Lewis stated that the propulsion site Ms. DiLeo was referring to is within a 
residential project north of Happy Valley Road, though there was another request for a 
battery storage facility directly to the south of Happy Valley Road. Mr. Lewis clarified 
that he used to be affiliated with the ownership of a portion of the subject site and that 
he did not believe it to be the same site that Ms. DiLeo was referencing.  
 
Trilese DiLeo responded that she does in fact remember it to be the subject site per a 
conversation about Mr. Lewi’s ownership affiliation and the water flow and land grading 
in the area. Notwithstanding, Ms. DiLeo stated that she is against removing a disclosure 
notice for a propulsion site as it is an environmental issue 
.  
Ozzie Virgil stated that he recalls multiple explosions at the subject facility that have 
contaminated the area and is against the removal of a disclosure stipulation.  
 
Susan Herber reiterated that the removal of a disclosure notice requirement is a bad 
idea.  
 
Chair Grossman concurred stating that he would rather err on the side of caution and 
encouraged the applicant to elaborate.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Mr. Buschbacher clarified that the disclosure stipulation was a result of a conversation 
with Bradley Wylam, staff.  
 
MOTION:  
 
Trilese DiLeo made a motion to approve PHO-5-22--Z-14-05-1 with Stipulation 6 to 
remain. Al Field seconded the motion for approval with modification.  
 
VOTE: 
 
11-0; motion to approve PHO-5-22--Z-14-05-1 with Stipulation 6 to remain passes with 
Committee Members Davenport, DiLeo, Field, Herber, Lewis, Novak, Romero, Sutphen, 
Virgil, Kenney, and Grossman in favor.  
 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS: 
 
None.