Attachment D - PHO Application - PHO-5-22--Z-14-05-1.pdf

City of Phoenix — Formal (2022-09-21)

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PLEASE RESPOND ELECTRONICALLY TO BRAD WYLAM 2ND FLOOR, 602-256-3322 
To: 
Departments Concerned 
Date: July 14, 2022 
From: 
Alan Stephenson 
Planning & Development Department Director 
Subject:   P.H.O. APPLICATION NO. PHO-5-22--Z-14-05-1 – 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 August 17, 2022.
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 July 21, 2022.
DISTRIBUTION
Mayor’s Office (Lisa Fernandez), 11th Floor 
City Council (Sina Matthes, Tony Motola), 11th Floor 
Aviation (Sheldon Daisley)
CED (Michelle Pierson), 20th Floor 
Fire Prevention (Aaron Conway), 2nd Floor
Light Rail (Joel Carrasco/Special TOD Only)   
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor 
Parks & Recreation (Natasha Hughes), 16th Floor 
Public Transit (Michael Pierce)
Street Transportation Department (Maja Brkovic, Alan Hilty, Chris Kowalsky), 5th Floor 
Street Transportation - Ped. Safety Coordinator (Mailen Pankiewicz), 5th Floor
Street Transportation - Floodplain Management (Kristina Jensen, Elise Moore, Rudy Rangel), 
5th Floor
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Alan Stephenson, Joshua Bednarek), 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 (Tricia Gomes, Adam Stranieri, Brad Wylam), 2nd Floor
Village Planner (Racelle Escolar/Sarah Stockham, Deer Valley Village) 
Village Planning Committee Chair (Joseph Grossman, Deer Valley Village)
Attachment D

200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793
APPLICATION FOR PLANNING HEARING OFFICER ACTION
APPLICATION NO: PHO-5-22--Z-14-05
Council District: 1   
Request For: 
Stipulation Modification
  Reason for 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).   Technical correction to Stipulation 4 (PHO-1-07).  
  
Owner
Applicant
Representative
DIDSTRAW LLC, et al.
Michael S. Buschbacher II
Michael S. Buschbacher II
1720 Wazee Suite 1A
10450 North 74th Street #200
10450 North 74th Street #200
Denver CO 80202
Scottsdale AZ 85258
Scottsdale AZ 85258
(303) 549-0196
(480) 991-3985
P: (480) 991-3985  F: (480) 991-3986
jeff@readev.com
mbuschbacher@hunterengineeringpc.co
m    
mbuschbacher@hunterengineeringpc.co
m    
 Property Location: Approximately 1,000 feet south of the southeast corner of 7th Avenue and Happy Valley Road
Zoning Map: O-8
Quarter Section: 46-27
APN: 210-16-012
Acreage: 39.55
Village: Deer Valley  
Last Hearing: CC HEARING
Previous Opposition: No
Date of Original City Council Action: 06/01/2005 
Previous PHO Actions: 11/07/2007  12/17/2014 300 PM 01/20/2021 230 PM 06/16/2021 230 PM
Zoning Vested: A-1 DVAO
Supplemental Map No.: 1117
Planning Staff: CHales    
 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.mailbox@phoenix.gov or visit our website at
http://phoenix.gov/pdd/licensetimes.html.
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
 
Fee 
Fee Waived
Fee Date
Receipt
Purpose
$1,080.00
$0.00
04/29/2022
22-0041542
Original Filing Fee
Signature of Applicant: _____________________________________________________         DATE: ___________________
 
Hearing Results
Planning Hearing Officer
Planning Commission
City Council
Date: 08/17/2022 1000 AM
Date:
Date:
Appealed?:
Appealed?:

200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793
Action:
Action:
Action:

Project Narrative 
 For 
      7th Avenue Industrial Site  
 
        Phoenix Hearing Officer (PHO)  
    Submittal 
 
       Deer Valley – Happy Valley  
    ¼ Mile South of the  
     SEC of Happy Valley Road & 7th Avenue 
Phoenix, Arizona 
 
 
 
    PREPARED FOR: 
    REA Development Corporation 
 
 
   PREPARED BY 
 
   HUNTER ENGINEERING, INC. 
   10450 N. 74th STREET, SUITE 200 
   SCOTTSDALE, AZ  85258 
   (480) 991-3985 
 
    Galloway & Company, Inc. 
    6162 S. Willow Dr., Suite 320 
    Greenwood Village, CO 80111 
303-770-8884 
 
 Submitted 
   April 29th, 2022  
Revised: July 7th, 2022 
 
    H.E. PROJECT NO. READ003

April 29th, 2022 
(Revised – July 7th, 2022) 
 
City of Phoenix,  
Planning and Development Department 
Zoning Section 
200 W Washington Street 
Phoenix, Arizona 85003 
 
Re: Planning Hearing Officer (PHO) Submittal Project Narrative for 7th 
Avenue Industrial Site, located ¼ mile south of the SEC of Happy Valley 
Road and 7th Avenue 
 
Introduction 
This project consists of portions of two tracts from the original zoning case 
Z-14-05. Specifically, the project includes the Central Tract and the east 
half of the Southern Tract, within the two APN noted in the paragraph 
below. This request will be further modifying the stipulations that pertain to 
zoning case Z-14-05 and its four previous PHO modifications. This request 
will be known as PHO-5-22--Z-14-05-01. 
 
Site Background 
This proposed industrial development is located on a total of +/- 37.32 acres 
south of Happy Valley Road, on the north side of W. Misty Willow Lane and 
the east side of N. 7th Avenue in the City of Phoenix.  The north parcel is 26.01 
acres and is APN 210-16-012. The south parcel is 11.31 acres and is APN 210-
16-015, which is Lot 3 of “The Mint” Subdivision recorded in the Official 
Records of Maricopa County.  The properties are currently vacant and 
Zoned A-1 Light Industrial District and within the Deer Valley Airport Overlay 
Regulatory Area 1.   
 
The proposed project will consist of developing approximately 36 net acres 
with three buildings that combined would equal approximately 491,000 
square feet. The buildings would be planned for Light Industrial uses. These 
uses would include associated truck parking, auto parking, landscape, 
and other on-site and off-site infrastructure improvements. Please see the 
draft conceptual site plan attached to this application.

Proposed Development Overview 
The City of Phoenix land use designation for the property is industrial, which 
allows for the use of industrial developments which is appropriate for the 
region and the City. The property will remain Light Industrial, and no 
rezoning will be required for the intended use. This PHO request will 
combine approval letters from PHO-1-07 and PHO-3-20 to create PHO-5-
22. 
 
The developer is submitting this Site Plan to provide the unique 
development characteristics needed to meet the current demand for 
industrial warehouse and manufacturing space in the area.  
 
Project Scope 
Building 1 is proposed to be developed as a 252,000 sq. ft. industrial building 
on the 25-acre lot with a north/south orientation.  Building 2 is proposed to 
be 140,000 sq. ft. with a north/south orientation.  Building 3 is proposed to be 
99,000 sq. ft. also with a north/south orientation. The proposed building 
height is 42 ft. to the top of the parapet. The parapet will screen the 
mechanical units on the roof from view from the adjacent roadways and 
properties.  The building is tilt-up concrete construction with textured paint 
in neutral earth tone colors and architectural accents of formliner and 
glazing.  
 
Parking areas are proposed on the outside perimeters of the buildings.  249 
parking spaces are proposed to serve Building 1, 159 parking spaces are 
proposed for Building 2 and 106 parking spaces are proposed for Building 3.  
This meets the City Code required 1/1000 sq. ft. ratio.  Landscape medians 
and end caps are proposed in the parking lot to break up the rows of 
parking.   
 
Access to the parcels is proposed to be provided off of N. 7th Avenue at the 
north end of the site and off of Misty Willow Lane on the south side of the 
site.  These access drives will allow trucks and passenger vehicles to circulate 
through the site. 
 
Landscape streetscape and sidewalk improvements are proposed along 
the street frontage.  Landscape design shall be developed to have a 
consistent look. The perimeter of the site shall incorporate the use of 
flowering desert shrubs, drought tolerant trees and groundcovers that will 
provide a sense of identity and be compatible with the environmental 
conditions of the area. Areas adjacent to the public right of way will be 
blended into the existing landscape edge treatment. Two connections to 
the adjacent canal will be provided per the zoning case stipulations for 
this site.

Our team has spent significant time during the past few months working 
on project research and determining the infrastructure requirements for 
the site. This written request will note the two sets of stipulations related to 
the Central Tract (PHO1) and the Southern Tract (PHO3). From these two 
list a comprehensive list of stipulations still in effect along with our proposed 
modifications will be prepared for this PHO-5. 
 
Original PHO-1-07--Z-14-05 Stipulations Listing 
A list of the approved stipulations from PHO 1 has been included below for 
reference.   
 
 
 
 
STIPULATIONS 
 
GENERAL CONFORMANCE 
1) That The development shall be in general conformance to with the 
site plan date stamped August 31, 2007, May 12th, 2022, as 
approved or modified by the Development Services Department. 
(Rationale – The site plan has changed significantly) 
 
2) That a master architectural theme, that unifies the landscaping and 
building materials for all development, shall be approved concurrent 
with preliminary site plan approval for the first phase of development 
as approved by the Development Services Department. (Rationale – 
deleting to create consistency) 
 
3) An average 20-foot (minimum 10-foot) landscape setback shall be 
required along 7th Avenue and an average 10-foot (minimum 5-
foot) landscape setback shall be required along Misty Willow Lane 
Alameda Road and all internal streets, as approved by the Planning 
and Development Services Department. (Rationale – Technical 
Correction -Transportation has asked us to refer to this segment of 
road as Alameda Road) 
 
 
 
 
           TRAILS 
4) That The applicant shall provide two pedestrian access points to the 
regional trail system located adjacent to the CAP Canal via the two 
public streets adjacent to the canal, as approved by the Planning 
and Development Services Department. 
 
LANDSCAPING 
5) That landscaping shall be provided within parking lots per C-2 zoning 
district standards (Section 701.d), as approved by the Development 
Services Department. (Rationale – deleting to create consistency)

ARCHAEOLOGICAL 
6) That the subject site has the potential to contain archeological 
resources. That the applicant shall submit an archeological survey 
for review and approval by the City Archeologist (602) 495-0901 
prior to preliminary approval. 
 
NOTIFlCATION 
7) That, At such time as the sale of any parcel, the property owner shall 
record documents that disclose to purchasers or occupants of 
property within the development(s) the existence and operational 
characteristics of Deer Valley Airport. and Goodrich-Universal 
Propulsion Company. The form and content of such documents 
shall be reviewed by the City Attorney. 
 
 Additional stipulation request to add Stip 6 from PHO 3 
6)  The property owner shall record documents that disclose to 
prospective purchasers of property within the developments the 
nature of environmental remediation activities at the former site for 
the Goodrich Universal Propulsion Company. The form and contents 
of such documents shall be according to the templates and 
instructions provided which have been reviewed and approved by 
the City Attorney. (Rationale – This stipulation was added in PHO 3 
to address Goodrich separately. It should be retained in PHO 5) 
 
 
STREETS AND TRANSPORTATION 
     Additional stipulation request to add Stip 7 from PHO 3 
7)  The developer shall dedicate 40 feet of right-of-way for the north    
half of Alameda Road, as approved by the Planning and 
Development Department. (Rationale – This stipulation was added 
in PHO 3 to address right-of-way dedication for Alameda Road. It 
should be retained in PHO 5) 
 
8) That right-of-way totaling 70 feet shall be dedicated for the south 
half of Happy Valley Road. 
 
9) That a 21 foot by 21-foot right-of-way triangle shall be dedicated at 
the southeast corner of 7th Avenue and Happy Valley Road. 
 
10) That sufficient right-of-way shall be dedicated to accommodate a 
bus-bay on Happy Valley Road at 7th Avenue. (Rationale – This 
deletion is because the bus bay would be off-site) 
 
11) 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 City. All improvements shall comply with 
all ADA accessibility standards. 
 
12) That the applicant shall submit paving plans for all arterial streets 
within and adjacent to the development, to the Street 
Transportation Department for review and approval. 
 
13) That the applicant shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvement Program 
to the Street Transportation Department. This form is a requirement 
of the EPA to meet clean air quality requirements. 
 
Original PHO-3-20--Z-14-05 Stipulations Listing 
A list of the approved stipulations from PHO 3 has been included below for 
reference, please see the list below. 
 
          STIPULATIONS 
 
GENERAL  CONFORMANCE 
1) The development shall be in general conformance with the site 
plan date stamped December 16, 2020, May 12th, 2022, as 
approved or modified by the Planning and Development 
Department. (Rationale – The site plan has changed significantly) 
 
2) An average 20-foot (minimum 10-foot) landscape setback shall be 
required along 7th Avenue and an average 10-foot (minimum 5-
foot) landscape setback shall be required along Misty Willow Lane 
Alameda Road and all internal streets, as approved by the Planning 
and Development Department. (Rationale – Technical Correction -
Transportation has asked us to refer to this segment of road as 
Alameda Road) 
TRAILS 
3) The applicant shall provide two pedestrian access points to the 
regional trail system located adjacent to the CAP Canal via the 
two public streets adjacent to the canal, as approved by the 
Planning and Development Department. 
 
ARCHAEOLOGICAL 
4) The subject site has the potential to contain archaeological 
resources. The applicant shall submit an archaeological survey for 
review and approval by the City Archaeologist (602) 495-0901 prior 
to preliminary approval.

NOTIFICATION 
5) At such time as the sale of any parcel, the property owner shall 
record documents that disclose to purchasers  or occupants of 
property  within the development(s) the existence and 
operational characteristics of Deer Valley Airport. The form and 
content of such documents  shall be  reviewed by the City 
Attorney. 
 
6) The property owner shall record documents that disclose to 
prospective purchasers of property within the developments the 
nature of environmental remediation activities at the former site of 
the Goodrich Universal Propulsion Company. The form and 
content of such documents shall be according to the templates 
and instructions provided which have been reviewed and 
approved by the City Attorney. 
 
STREETS AND TRANSPORTATION 
7) The developer shall dedicate 40 feet of right-of-way for the north 
half of Misty Willow Lane Alameda Road (Alameda Road 
alignment), as approved by the Planning and Development 
Department.  (Rationale – Technical Correction -Transportation 
has asked us to refer to this segment of road as Alameda Road) 
 
8) Right-of-way totaling 70 feet shall be dedicated for the sou_th half 
of Happy Valley Road. 
 
9) A 21-foot by 21-foot right-of-way triangle shall be dedicated at the 
southeast corner of 7th Avenue and Happy Valley Road. 
 
10) Sufficient right-of-way shall be dedicated to accommodate a bus-
bay on Happy Valley Road at 7th Avenue. (Rationale – This deletion 
is because the bus bay would be off-site) 
 
11) 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 City. All improvements shall comply 
with all ADA accessibility standards. 
 
12) The applicant shall submit paving plans for all arterial streets within 
and adjacent to the development, to the Street Transportation 
Department for review and approval. 
 
13) The applicant shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvement

Program to the Street Transportation Department. This form is a 
requirement of the EPA to meet clean air quality requirements. 
 
 
 
Proposed PHO-5-__--Z-14-05 Stipulations Listing with Modifications 
A list of the proposed stipulation modification from PHO 1 & PHO 3 has 
been included below for reference, please see the list below. 
 
          STIPULATIONS 
 
GENERAL  CONFORMANCE 
1) The development shall be in general conformance with the site 
plan date stamped May 12th, 2022, as approved or modified by the 
Planning and Development Department. 
 
 
2) An average 20-foot (minimum 10-foot) landscape setback shall be 
required along 7th Avenue and an average 10-foot (minimum 5-
foot) landscape setback shall be required along Alameda Road 
and all internal streets, as approved by the Planning and 
Development Department. 
TRAILS 
3) The applicant shall provide two pedestrian access points to the 
regional trail system located adjacent to the CAP Canal via the 
two public streets adjacent to the canal, as approved by the 
Planning and Development Department. 
 
ARCHAEOLOGICAL 
4) The subject site has the potential to contain archaeological 
resources. The applicant shall submit an archaeological survey for 
review and approval by the City Archaeologist (602) 495-0901 prior 
to preliminary approval. 
 
NOTIFICATION 
5) At such time as the sale of any parcel, the property owner shall 
record documents that disclose to purchasers  or occupants of 
property  within the development(s) the existence and 
operational characteristics of Deer Valley Airport. The form and 
content of such documents  shall be  reviewed by the City 
Attorney. 
 
6) The property owner shall record documents that disclose to 
prospective purchasers of property within the developments the

nature of environmental remediation activities at the former site of 
the Goodrich Universal Propulsion Company. The form and 
content of such documents shall be according to the templates 
and instructions provided which have been reviewed and 
approved by the City Attorney. 
 
STREETS AND TRANSPORTATION 
7) The developer shall dedicate 40 feet of right-of-way for the north 
half of Alameda Road, as approved by the Planning and 
Development Department.  
 
8) Right-of-way totaling 70 feet shall be dedicated for the south half 
of Happy Valley Road. 
 
9) A 21-foot by 21-foot right-of-way triangle shall be dedicated at the 
southeast corner of 7th Avenue and Happy Valley Road. 
 
11) 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 City. All improvements shall comply 
with all ADA accessibility standards. 
 
12) The applicant shall submit paving plans for all arterial streets within 
and adjacent to the development, to the Street Transportation 
Department for review and approval. 
 
13) The applicant shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvement 
Program to the Street Transportation Department. This form is a 
requirement of the EPA to meet clean air quality requirements. 
 
 
Requested Stipulation Modifications 
The revised stipulations above are no longer relevant to the site with our 
proposal, update language per comments from transportation, or are 
requested to be modified to provide entitlements typically requested for A-
1 Light Industrial zoning project in accordance with today’s market 
demands. We appreciate your consideration of our request. 
 
 
Thank you,  
Michael S Buschbacher  
Michael S. Buschbacher II, AICP 
Principal Planner

PHO-1-07--Z-14-05-1
APPROVAL LETTER
TC

PHO-3-20--Z-14-05-1
APPROVAL LETTER

W PARK VIE
W
LN
W MISTY WILLOW LN
CAP CANAL
N 7TH AVE
Maricopa County Assessor's Office
Planning & Development Department
PHO-5-22--Z-14-05-1
Property Location: Approximately 1,000 feet south of the southeast corner of 7th 
Avenue and Happy Valley Road
0
320
640
160
Feet ´

W PARK VIE
W
LN
W MISTY WILLOW LN
CAP CANAL
N 7TH AVE
COUNTY
PUD*
S-1
A-1
A-1*
S-1*
A-1*
S-1*
S-1*
A-1 SP DVAO*
Planning & Development Department
PHO-5-22--Z-14-05-1
Property Location: Approximately 1,000 feet south of the southeast corner of 7th 
Avenue and Happy Valley Road
0
320
640
160
Feet ´

KEY MAP
PURPOSE:
HUNTER
AR ZONA811
BLUE STAKE,INC
PROJECT NAME:
PRELIMINARY COVER SHEET
FOR
PSP1.0
PHOENIX, ARIZONA 85027
HAPPY VALLEY ROAD & 7TH AVENUE 
7TH AVENUE INDUSTRIAL
FOR
PRELIMINARY COVER SHEET
PARKING DATA
REA DEVELOPMENT CORPORATION
OWNER/ DEVELOPER
GALLOWAY
ARCHITECT
CIVIL ENGINEER
VICINTY MAP
SITE LAYOUT SUMMARY
KEYNOTES
PROPERTY LINE
1
CONCRETE CURB
2
CONCRETE SIDEWALK, 
3
PUE
5
ROW
6
RETENTION BASIN
7
SES CABINETS
8
RIP-RAP DRAINAGE
9
ACCESSIBLE PARKING
11
FIRE HYDRANT
12
EASEMENT
4
ACCESSIBLE ROUTE
10
ASPHALT PAVEMENT
13
NOT USED
15
NOT USED
16
TRASH COMPACTOR
17
CONCRETE PAVEMENT
18
NOT USED
19
LANDSCAPE AREA
14
SITE LIGHTING (SEE PHOTOMETRIC)
20
TRANSFORMER PAD (TBD)
21
GENERATOR (TBD)
22
MEDIUM
FINISH
BROOM
COLOR)
GRAY
(NATURAL
HUNTER ENGINEERING, INC.
SITE PLAN NOTES
SHEET INDEX
PROJECT DESCRIPTION
BENCHMARK INFORMATION
BASIS OF BEARING
SITE
LEGAL DESCRIPTION
CONCEPTUAL SUBMITTAL
HAPPY VALLEY 
HAPPY VALLEY RD AND 7TH AVE
PHOENIX, ARIZONA
HAPPY
VALLEY
PSP2.0
PSP2.1
PSP2.2
PSP2.3
G:\READ003\Concept\RE03_PreSite.dwg, 7/7/2022 8:23:19 AM, mbuschbacher
PHO-5-22--Z-14-05-1
Proposed Site Plan
Hearing Date: August 17, 2022

BUILDING 1
N 7TH  AVENUE
252,000 SF
SINGLE STORY
PURPOSE:
HUNTER
AR ZONA811
BLUE STAKE,INC
PROJECT NAME:
PRELIMINARY SITE PLAN
FOR
PSP2.0
MATCH LINE SEE SHEET PSP2.1
MATCH LINE SEE SHEET PSP2.2
KEYNOTES
PROPERTY LINE
1
CONCRETE CURB
2
CONCRETE SIDEWALK, 
3
PUE
5
ROW
6
RETENTION BASIN
7
SES CABINETS
8
RIP-RAP DRAINAGE
9
ACCESSIBLE PARKING
11
FIRE HYDRANT
12
EASEMENT
4
ACCESSIBLE ROUTE
10
ASPHALT PAVEMENT
13
NOT USED
15
NOT USED
16
TRASH COMPACTOR
17
CONCRETE PAVEMENT
18
NOT USED
19
LANDSCAPE AREA
14
SITE LIGHTING (SEE PHOTOMETRIC)
20
TRANSFORMER PAD (TBD)
21
GENERATOR (TBD)
22
MEDIUM
FINISH
BROOM
COLOR)
GRAY
(NATURAL
KEY MAP
PSP2.0
PSP2.1
PSP2.2
PSP2.3
CONCEPTUAL SUBMITTAL
HAPPY VALLEY 
HAPPY VALLEY RD AND 7TH AVE
PHOENIX, ARIZONA
HAPPY
VALLEY
G:\READ003\Concept\RE03_PreSite.dwg, 7/7/2022 8:23:56 AM, mbuschbacher
PHO-5-22--Z-14-05-1
Proposed Site Plan
Hearing Date: August 17, 2022

BUILDING 2
BUILDING 1
PURPOSE:
HUNTER
AR ZONA811
BLUE STAKE,INC
PROJECT NAME:
PRELIMINARY SITE PLAN
FOR
PSP2.1
MATCHLINE SEE SHEET PSP2.0
MATCH LINE SEE SHEET PSP2.3
KEYNOTES
PROPERTY LINE
1
CONCRETE CURB
2
CONCRETE SIDEWALK, 
3
PUE
5
ROW
6
RETENTION BASIN
7
SES CABINETS
8
RIP-RAP DRAINAGE
9
ACCESSIBLE PARKING
11
FIRE HYDRANT
12
EASEMENT
4
ACCESSIBLE ROUTE
10
ASPHALT PAVEMENT
13
NOT USED
15
NOT USED
16
TRASH COMPACTOR
17
CONCRETE PAVEMENT
18
NOT USED
19
LANDSCAPE AREA
14
SITE LIGHTING (SEE PHOTOMETRIC)
20
TRANSFORMER PAD(TBD)
21
GENERATOR (TBD)
22
MEDIUM
FINISH
BROOM
COLOR)
GRAY
(NATURAL
KEY MAP
PSP2.0
PSP2.1
PSP2.2
PSP2.3
MATCH LINE SEE SHEET PSP2.2
CONCEPTUAL SUBMITTAL
HAPPY VALLEY 
HAPPY VALLEY RD AND 7TH AVE
PHOENIX, ARIZONA
HAPPY
VALLEY
G:\READ003\Concept\RE03_PreSite.dwg, 7/7/2022 8:24:15 AM, mbuschbacher
PHO-5-22--Z-14-05-1
Proposed Site Plan
Hearing Date: August 17, 2022

BUILDING 1
W MISTY WILLOW LANE
PURPOSE:
HUNTER
AR ZONA811
BLUE STAKE,INC
PROJECT NAME:
PRELIMINARY SITE PLAN
FOR
PSP2.2
MATCHLINE SEE SHEET PSP2.3
MATCHLINE SEE SHEET PSP2.0
KEY MAP
PSP2.0
PSP2.1
PSP2.2
PSP2.3
MATCHLINE SEE SHEET PSP2.1
CONCEPTUAL SUBMITTAL
HAPPY VALLEY 
HAPPY VALLEY RD AND 7TH AVE
PHOENIX, ARIZONA
HAPPY
VALLEY
KEYNOTES
PROPERTY LINE
1
CONCRETE CURB
2
CONCRETE SIDEWALK, 
3
PUE
5
ROW
6
RETENTION BASIN
7
SES CABINETS
8
RIP-RAP DRAINAGE
9
ACCESSIBLE PARKING
11
FIRE HYDRANT
12
EASEMENT
4
ACCESSIBLE ROUTE
10
ASPHALT PAVEMENT
13
NOT USED
15
NOT USED
16
TRASH COMPACTOR
17
CONCRETE PAVEMENT
18
NOT USED
19
LANDSCAPE AREA
14
SITE LIGHTING (SEE PHOTOMETRIC)
20
TRANSFORMER PAD(TBD)
21
GENERATOR (TBD)
22
(NATURAL GRAY COLOR)
BROOM FINISH
MEDIUM
G:\READ003\Concept\RE03_PreSite.dwg, 7/7/2022 8:24:31 AM, mbuschbacher
PHO-5-22--Z-14-05-1
Proposed Site Plan
Hearing Date: August 17, 2022

BUILDING 3
BUILDING 2
140,000 SF
W MISTY WILLOW LANE
SINGLE STORY
99,000 SF
SINGLE STORY
PURPOSE:
HUNTER
AR ZONA811
BLUE STAKE,INC
PROJECT NAME:
PRELIMINARY SITE PLAN
FOR
PSP2.3
MATCHLINE SEE SHEET PSP2.2
MATCHLINE SEE SHEET PSP2.1
KEY MAP
PSP2.0
PSP2.1
PSP2.2
PSP2.3
CONCEPTUAL SUBMITTAL
HAPPY VALLEY 
HAPPY VALLEY RD AND 7TH AVE
PHOENIX, ARIZONA
HAPPY
VALLEY
KEYNOTES
PROPERTY LINE
1
CONCRETE CURB
2
CONCRETE SIDEWALK, 
3
PUE
5
ROW
6
RETENTION BASIN
7
SES CABINETS
8
RIP-RAP DRAINAGE
9
ACCESSIBLE PARKING
11
FIRE HYDRANT
12
EASEMENT
4
ACCESSIBLE ROUTE
10
ASPHALT PAVEMENT
13
NOT USED
15
NOT USED
16
TRASH COMPACTOR
17
CONCRETE PAVEMENT
18
NOT USED
19
LANDSCAPE AREA
14
SITE LIGHTING (SEE PHOTOMETRIC)
20
TRANSFORMER PAD(TBD)
21
GENERATOR (TBD)
22
(NATURAL GRAY COLOR)
BROOM FINISH
MEDIUM
G:\READ003\Concept\RE03_PreSite.dwg, 7/7/2022 8:24:56 AM, mbuschbacher
PHO-5-22--Z-14-05-1
Proposed Site Plan
Hearing Date: August 17, 2022

PURPOSE:
HUNTER
AR ZONA811
BLUE STAKE,INC
PROJECT NAME:
PRELIMINARY SITE PLAN DETAILS
FOR
PSP3.0
7
SCALE: NTS
ADA RAMP DETAIL
8
SCALE: NTS
ADA SIGN BOLLARD DETAIL
9
SCALE: NTS
LIGHT FIXTURE DETAIL
SCALE: NTS
6' SCREEN WALL SECTION
2
1
6" WIDE PAINTED SMOOTH
CMU BLOCK.
6'-0"
24"
SCALE: NTS
6' PARTIAL VIEW FENCE ELEVATION
1" VIEW FENCE CAP
1
2" TUBULAR STEEL
VIEW FENCE SLATS
8"x4"x16" PAINTED SOLID
CMU BLOCK CAP.
3'-0"
3'-0"
10
6" WIDE PAINTED SMOOTH
CMU BLOCK.
8'-0"
8' CMU BLOCK WALL ELEVATION
PAINT TO MATCH
PRIMARY BUILDING
COLOR
8"x4"x16" PAINTED SOLID
CMU BLOCK CAP.
SCALE: NTS
SCALE: NTS
8' CMU WALL SECTION
3
4
5
6
CONCEPTUAL SUBMITTAL
HAPPY VALLEY 
HAPPY VALLEY RD AND 7TH AVE
PHOENIX, ARIZONA
HAPPY
VALLEY
18" DIAM. POURED
CONCRETE
LIGHT POLE BASE
25'-0"
SCALE: NTS
LIGHT POST COLUMN DETAIL
LIGHT POST
COLOR: BLACK ANODIZED
STEEL/ALUMINUM
BOLT CAP
BLACK ANODIZED
STEEL/ALUMINUM
LIGHT FIXTURE\
BLACK ANODIZED
STEEL/ALUMINUM
SEE DETAIL, THIS
SHEET
LIGHT POST
COLOR: BLACK ANODIZED
STEEL/ALUMINUM TO MATCH
LAMP
LED SHOEBOX
LIGHT FIXTURE,
BLACK ANODIZED
STEEL/ALUMINUM
21.75" X 3.9375"
1 5
8" DIAM. GALVANIZED
STEEL POST, 8'-6" HEIGHT
POLYETHYLENE BOLLARD
W/ 3M REFLECTIVE TAPE
AND INTERNAL FOAM RING
FLEXIBLE  SPRING BASE FOR POST
POST BASE PLATE DRILLING PATTERN
SIGN MOUNTING
BRACKET, 7 3
4"
FROM TOP
OF POST
1 5
8" GALVANIZED
STEE POST
ACCESSIBLE PARKING
BOLLARD SIGNAGE
G:\READ003\Concept\RE03_PreSite.dwg, 7/7/2022 8:25:19 AM, mbuschbacher
PHO-5-22--Z-14-05-1
Proposed Site Plan
Hearing Date: August 17, 2022

PHO-5-22--Z-14-05-1
Stipulated Site Plan - PHO-1-07
Hearing Date: August 17, 2022

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Stipulated Site Plan - PHO-3-20
PHO-5-22--Z-14-05-1
Hearing Date: August 17, 2022

REPORT OF PLANNING HEARING OFFICER ACTION 
Adam Stranieri, Planner III, Hearing Officer 
Julianna Pierre, Planner I, Assisting 
December 16, 2020
ITEM NO: 1
DISTRICT 1
SUBJECT:
Application #:
PHO-3-20--Z-14-05-1
Zoning: 
A-1 DVAO
Location:
Approximately 633 feet east of the northeast corner of 7th
Avenue and Misty Willow Lane
Acreage: 
24.07
Request:
1) Modification of Stipulation 1 regarding general
conformance to the site plan date stamped August 31,
2007.
2) Deletion of Stipulation 2 regarding a master architectural
theme.
3) Modification of Stipulation 3 regarding landscape setbacks
along 7th Avenue, Misty Willow Lane, and internal streets.
4) Deletion of Stipulation 5 regarding parking lot
landscaping.
5) Modification of Stipulation 7 regarding recording
documents that disclose the existence and characteristics
of Goodrich-Universal Propulsion Company.
6) Technical correction to Stipulation 4.
Applicant:
Happy Valley II, LLC
Owner:
Happy Valley II, LLC
Representative:
Law Office of David Cisiewski, PLLC
ACTIONS
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval with modifications and additional stipulations.
Village Planning Committee (VPC) Recommendation: The Deer Valley Village 
Planning Committee heard this case on November 19, 2020 and recommended 
approval with a modification by a 10-0 vote.
DISCUSSION
David Cisiewski, representative with Law Office of David Cisiewski, PLLC, 
provided history of the property.  He stated that the original rezoning case area 
was divided into three portions under different ownership.  The northern parcel 
was developed with a medical marijuana dispensary and the central parcel is

Planning Hearing Officer Summary of December 16, 2020
Application PHO-3-20—Z-14-05-1
Page 2
vacant.  He stated that the subject site of the current Planning Hearing Officer 
(PHO) request is the southernmost portion of the original rezoning case and the 
proposal is to develop a medical marijuana cultivation and infusion facility on a 
portion of that site.  
Mr. Cisiewski stated that they were requesting modification of Stipulation 1, 
regarding general conformance to the site plan date stamped August 31, 2007, to 
allow for development of a medical marijuana cultivation and infusion facility on a 
portion of the southernmost parcel.  He stated that the stipulated site plan from 
2007 included the entire 67.5 acres of the original rezoning case, but the new 
proposed site plan comprised only the approximately 19 gross acre 
southernmost parcel and depicted a medical marijuana facility on approximately 
5 acres on the western portion of this property.  He stated that this is beneficial 
since the 67.5-acre site has been divided into three parcels and is under 
separate ownership. 
Adam Stranieri stated that the site plan in the presentation was different from the 
site plan submitted with the PHO application.  He asked for clarification regarding 
changes made to the site plan since the initial filing.  Mr. Cisiewski stated that the 
plan shown in the presentation was the current plan and that there were minor 
changes to the layout of parking spaces and location of trash receptacles per 
comments received during the Site Plan Pre-Application process.  He added that 
the plan in the presentation also outlined the area of a future phase two 
expansion.  He clarified that this would be an expansion of the cultivation an 
infusion facility.  Mr. Stranieri stated that the new site plan needed to be 
submitted to the City and would be date stamped with the hearing date.
Mr. Stranieri asked for clarification regarding the Zoning Adjustment for the 
property.  Mr. Cisiewski stated that the use permits and variances related to the 
medical marijuana cultivation and infusion facility was for the entire 24-acre 
property.  Mr. Stranieri stated that asking for general conformance to the 
proposed site plan may trigger a new PHO in the future if the site was going to be 
expanded because no development was depicted other than the phase one 
project on the westernmost 5 acres.  Mr. Cisiewski stated that he understood that 
new development on the site may require a new PHO.
Mr. Stranieri stated that he had no concerns with the request to modify 
Stipulation 1.  He added that the scale, use, and intensity is consistent and 
compatible with the uses in the surrounding area.  He stated that the facility does 
not drive foot traffic because it does not have customers.
Mr. Cisiewski stated that they were requesting deletion of Stipulation 2 regarding 
a master architectural theme.  He explained that the site of the original rezoning 
case has been divided and is under separate ownership, so a unified theme 
across all the properties would not be appropriate.  Mr. Stranieri stated that the 
requirement for a master architectural theme was tied to the original proposed

Planning Hearing Officer Summary of December 16, 2020
Application PHO-3-20—Z-14-05-1
Page 3
concept of a large office park.  He stated that the unified theme was no longer 
appropriate given the division of land and different uses being developed on the 
properties.
Mr. Cisiewski stated that they were requesting modification of Stipulation 3 
regarding landscape setbacks along 7th Avenue, Misty Willow Lane, and internal 
streets.  He added that a large landscape buffer along Misty Willow Lane is not 
warranted given that the street will not extend further west or east and is adjacent 
to heavy industrial uses.  Mr. Stranieri stated that the stipulation was more 
applicable when the proposed use was going to be an office park.  He added that 
it would be more appropriate for the property to utilize the landscape standards 
for industrial properties given the context of existing land uses and connectivity 
on Misty Willow Lane.  Mr. Cisiewski asked for clarification about the meaning of 
internal streets.  Mr. Stranieri clarified that the stipulated landscape setbacks 
would not apply to driveways, parking lots, or internal drive aisles and 
maneuvering areas, but if a street was developed and came through the 
property, the landscape setback would be required.  
Mr. Cisiewski stated that they were requesting deletion of Stipulation 5 regarding 
parking lot landscaping.  He stated that increased landscape standards are not 
warranted when considering the surrounding industrial uses.  Mr. Stranieri stated 
that the property would not have customers, is surrounded by industrial uses, 
and Misty Willow Lane has limited use and connectivity.  He added that there 
would be no benefit to having increased planting standards in the parking lot for 
this parcel.
Mr. Cisiewski stated that they were requesting modification of Stipulation 7 
regarding recording documents that disclose the existence and characteristics of 
Goodrich-Universal Propulsion Company.  He explained that the Goodrich-
Universal facility has been closed and decommissioned, so notification would not 
be necessary.  Mr. Stranieri stated that he was inclined to approve the request as 
submitted to decouple this requirement from the aviation notification but retain 
some notification regarding the Goodrich-Universal facility in a separate 
stipulation.  He noted that the Deer Valley Village Planning Committee (VPC) 
expressed concerns about environmental remediation efforts at the site.  The 
VPC recommended that the stipulation be modified to require notification of 
aquifer contamination resulting from the facility.  Mr. Stranieri stated that he was 
unsure if aquifer contamination was the sole issue with the site and was inclined 
to use language referencing environmental remediation efforts generally as the 
recorded Declaration of Environmental Use Restriction (DEUR) may contain 
additional important information.  Mr. Cisiewski stated that he had no issues with 
this recommendation.
Mr. Stranieri stated that the Street Transportation Department requested an 
additional stipulation for a 40-foot dedication for the north half of Misty Willow

Planning Hearing Officer Summary of December 16, 2020
Application PHO-3-20—Z-14-05-1
Page 4
Lane.  Mr. Cisiewski stated that he was aware of the requirement since they 
received the same comment during the Site Plan Pre-Application process.
FINDINGS
1) The subject property of this request consists of approximately 24 acres of 
the 67.5 acres in the original rezoning case.  The original case comprised 
property in an area between Happy Valley Road to the north, Misty Willow 
Lane to the south, the south bank of the Central Arizona Project (CAP) 
canal to the east, and 7th Avenue to the west. Rezoning Case No. PHO-
1-07--Z-14-05 modified stipulations for the entire case area and 
represents the current stipulations for the subject property.  The subject 
property is at the southern portion of the rezoning area adjacent to Misty 
Willow Lane.  The current stipulated site plan, which took the form of a 
preliminary plat, depicted 22 separate parcels ranging from 0.85 acres to 
2.08 acres in area.  No specific development proposal was included for 
buildings on individual parcels.
The proposed conceptual site plan depicts a nonprofit medical marijuana 
cultivation and infusion facility on approximately 5 acres on the western 
portion of the site.  The remaining 19 acres do not depict any proposed 
development.  Future development on that area may require further PHO 
action.  The proposed use is compatible with land uses in the surrounding 
area which include intense industrial activities such as an outdoor 
landscape supply company and an auto salvage and storage yard on the 
south side of Misty Willow Lane, and an ADOT fueling station adjacent to
the west.  General conformance to the site plan is recommended.
2) Stipulation 2 regarding a master architectural theme for landscaping and 
building materials throughout the entire original rezoning case area was 
established when it was envisioned that the 67.5 acres would develop 
concurrently in a unified fashion.  This is no longer the case and the 
larger, original property is now subdivided and owned by multiple entities.  
Further, a nonprofit medical marijuana dispensary was developed on the 
northern portion of the site.  It is appropriate to delete this stipulation as 
requested by the applicant as the original development plan is no longer 
viable and an unrelated portion of the site has already developed.
3) Stipulation 3 established enhanced landscape setback requirements along 
7th Avenue, Misty Willow Lane, and internal streets.  This stipulation was 
established in Rezoning Case No. PHO-1-07--Z-14-05, where the north 
and south portions of the site were intended to develop as office park style 
developments.  However, this is no longer the case and Misty Willow Lane 
is dominated by intense, outdoor industrial uses.  Further, Misty Willow 
Lane offers no connectivity to the east across the CAP canal and is 
unlikely to develop west of 7th Avenue.  The modification to the landscape

Planning Hearing Officer Summary of December 16, 2020
Application PHO-3-20—Z-14-05-1
Page 5
setback as requested by the applicant is appropriate given these 
conditions.  The same rationale applies to the applicant’s request for 
deletion of Stipulation 5 regarding parking lot landscaping standards which 
is recommended for deletion. 
4) At their November 19, 2020 meeting, the Deer Valley Village Planning 
Committee voted 10-0 to recommend approval with a modification to 
revise the notification requirement in Stipulation 7.  The modification would 
revise the reference to the existence and characteristics of the Goodrich 
Universal Propulsion Company at the northeast corner of Central Avenue 
and Happy Valley Road (which is no longer present at this location) to 
notification of aquifer contamination.  This property is encumbered by a 
Declaration of Environmental Use Restriction (DEUR) for Properties with 
Institutional Controls, which is recorded in the official records of Maricopa 
County, Arizona as instrument no. 20180899893, and a separate DEUR
for Property with Engineering and Institutional Controls, which is recorded 
in the official records of Maricopa County, Arizona as instrument no. 
20200066622.  Additional, related information regarding the proposed 
redevelopment of this property is also available in the Development 
Narrative for the Central Foothills PUD in Rezoning Case No. Z-37-19-2.  
A modification of the stipulation is recommended to address issues 
regarding the ongoing environmental remediation concerns at this site.  
However, this notification should be separated from the Deer Valley 
Airport notification requirement.  Therefore, the applicant’s request 
regarding Stipulation 7 is recommended for approval subject to an 
additional stipulation to establish a separate stipulation solely regarding 
the former Goodrich site.
5) The Street Transportation Department recommends an additional 
stipulation requiring the dedication of 40-feet of right-of-way for the north 
half of Misty Willow Lane.  This stipulation is recommended to be added.
DECISION: The Planning Hearing Officer recommended approval with 
modifications and additional stipulations.
STIPULATIONS
GENERAL CONFORMANCE
1.
That THE development shall be in general conformance to WITH the site 
plan date stamped DECEMBER 16, 2020 August 31, 2007, as approved 
or modified by the PLANNING AND Development Services Department.

Planning Hearing Officer Summary of December 16, 2020
Application PHO-3-20—Z-14-05-1
Page 6
2.
That a master architectural theme, that unifies the landscaping and 
building materials for all development, shall be approved concurrent with 
preliminary site plan approval for the first phase of development as 
approved by the Development Services Department.
2.
3.
That An average 20-foot (minimum 10-foot) landscape setback shall be 
REQUIRED provided along 7th Avenue and Misty Willow Lane and an 
average 10-foot (minimum 5-foot) landscape setback shall be 
REQUIRED provided along MISTY WILLOW LANE AND all internal 
streets, as approved by the PLANNING AND Development Services
Department.
TRAILS
3.
4.
That The applicant shall provide two pedestrian access points to the 
regional trail system located adjacent to the CAP Canal via the two public 
streets adjacent to the canal, as approved by the PLANNING AND 
Development Services Department.
LANDSCAPING
5.
That landscaping shall be provided within parking lots per C-2 zoning 
district standards (Section 701.d), as approved by the Development 
Services Department.
ARCHAEOLOGICAL
4.
6.
That The subject site has the potential to contain archaeological 
resources. That The applicant shall submit an archaeological survey for 
review and approval by the City Archaeologist (602) 495-0901 prior to 
preliminary approval.
NOTIFICATION
5.
7.
That, At such time as the sale of any parcel, the property owner shall 
record documents that disclose to purchasers or occupants of property 
within the development(s) the existence and operational characteristics of 
Deer Valley Airport and Goodrich-Universal Propulsion Company. The 
form and content of such documents shall be reviewed by the City 
Attorney.
6.
THE PROPERTY OWNER SHALL RECORD DOCUMENTS THAT 
DISCLOSE TO PROSPECTIVE PURCHASERS OF PROPERTY 
WITHIN THE DEVELOPMENTS THE NATURE OF ENVIRONMENTAL 
REMEDIATION ACTIVITIES AT THE FORMER SITE OF THE

Planning Hearing Officer Summary of December 16, 2020
Application PHO-3-20—Z-14-05-1
Page 7
GOODRICH UNIVERSAL PROPULSION COMPANY. THE FORM AND 
CONTENT OF SUCH DOCUMENTS SHALL BE ACCORDING TO THE 
TEMPLATES AND INSTRUCTIONS PROVIDED WHICH HAVE BEEN 
REVIEWED AND APPROVED BY THE CITY ATTORNEY.
STREETS AND TRANSPORTATION
7.
THE DEVELOPER SHALL DEDICATE 40 FEET OF RIGHT-OF-WAY 
FOR THE NORTH HALF OF MISTY WILLOW LANE (ALAMEDA ROAD 
ALIGNMENT), AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT.
8.
That Right-of-way totaling 70 feet shall be dedicated for the south half of 
Happy Valley Road.
9.
That A 21-foot by 21-foot right-of-way triangle shall be dedicated at the 
southeast corner of 7th Avenue and Happy Valley Road.
10.
That Sufficient right-of-way shall be dedicated to accommodate a bus-
bay on Happy Valley Road at 7th Avenue.
11.
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 City. All improvements shall comply with all ADA accessibility 
standards.
12.
That The applicant shall submit paving plans for all arterial streets within 
and adjacent to the development, to the Street Transportation 
Department for review and approval.
13.
That The applicant shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvement Program to 
the Street Transportation Department. This form is a requirement of the 
EPA to meet clean air quality requirements.
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.

Mr. Ricardo Romero asked who the primary target is for the acquisition. 
Mr. Edelman shared that there is not a specific target at this time.
7. PHO-3-20-Z-14-05-1: Presentation, discussion, and possible recommendation on
a request to modify stipulations of entitlement for a property located approximately
633 feet east of the northeast corner of 7th Avenue and Misty Willow Lane.
Request a modification of Stipulation 1 regarding general conformance to site plan;
deletion of Stipulation No. 2 regarding a master architectural theme; modification
of Stipulation No. 3 regarding landscape setbacks; deletion of Stipulation No. 5
regarding parking lot landscaping; modification of Stipulation No. 7 regarding
disclosure statements; and a technical correction to Stipulation No. 4.
Mr. David Simmons, staff, went over the request with the committee. He
explained each change that was being requested on each stipulation. He went
over the original site plan and shared that the original parcel has been subdivided
and is now under separate ownership.
Mr. Nico Howard, applicant, went over the request and shared that he is the
owner of the southern most parcel, which triggered this PHO request. The
southernmost parcel will be split further and 5.00 area of the parcel will house a
medical marijuana grow facility, which already has entitlements for the use, the
request is specifically targeted to alter existing stipulation, which no longer apply to
the site.
Chairman Joseph Grossman inquired about odor issues from such a use and
asked if there were stipulation in place to mitigate this as it is a potential nuisance.
Mr. Howard shared that this is regulated by the State, therefore, there is no need
to stipulate to this.
Ms. Michelle Gardner asked if the site meets separation requirements and asked
if any other grow facilities were in close proximity.
Mr. Howard shared that there are separation requirements for eh proposed use,
which is one mile. He shared that this is outline dint the City of Phoenix Zoning
Ordinance.
Mr. Brandon Shipman asked if the committee were only considering the revised
stipulations, not the proposed use.
Mr. Howard shared that we are here tonight to consider the PHO request as the
use is already entitled.
Mr. Keith Greenburg asked if there were a security plan.
Vice Cahir Trilese DiLeo asked if the entire parcel was intended to house a grow
facility.
Mr. Howard shared that only 5.00 acres of the southern parcel is planned for a
grow facility, which is a fraction of the overall parcel. He shared a proposed site
plan of the parcel reflecting the portion for the proposed grow facility.
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Mr. Brandon Shipman shared that he is in support of the request. 
Vice Chair DiLeo would like changes made to stipulation 7, which is requesting to 
strike the language related to the former rocket propulsion testing facility (Goodrich 
Universal Propulsion Co.). The Goodrich site is no longer in use, but is still 
undergoing environmental remediation and will be for the foreseeable future. She 
shared that striking this language could be detrimental to new users on the site. 
She emphasized the importance of keeping a disclosure requirement in the 
stipulation about the contaminated aquifer. 
Ms. Gardner reminded the committee that we re just here to consider the 
requested stipulation changes, not the land use and stated that she is in support of 
the request. 
MOTION: Vice Chair Trilese DiLeo motioned to recommend approval of Case 
No. PHO-3-20-Z-14-05-1 with the added caveat that a disclosure statement for the 
aquifer contamination resulting from the Universal Propulsion Co. be added to the 
language in Stipulation No. 7.  Committee member Ms. Michelle Gardner
seconded the motion.
VOTE: 10-0, motion to approve with a modification passed, with Committee 
Members Grossman, DiLeo, Gardner, Greenburg, Kenney, Levy, Lewis, 
Osborne, Romero, and Shipman in favor.
8. Z-44-20-1: Presentation, discussion and possible recommendation regarding a
request to rezone 9.95 acres located approximately 350 feet south of the
southeast corner of 19th Avenue and Happy Valley Road from CP/GCP DVAO
(Approved C-2 or CP/GCP DVAO) and S-1 DVAO (Approved C-2 or CP/GCP
DVAO) to C-2 HGT/WVR DNS/WVR DVAO to allow a multifamily residential
development.
Mr. David Simmons, staff, went over the request with the committee. He covered
the existing General Plan Land Use designation on the site, the uses int eh
surrounding area, the height limitations as well as the mitigation efforts for noise
due to the close proximity to the Deer Valley Airport. He also went over stipulation
rationale with the committee.
Mr. Ed Bull, representing Greenlight Communities, explained that the intent of the
request was for a height and density waiver to achieve the applicants goals for the
proposed multifamily development. He went over the site plan, landscape plan and
conceptual elevations.
Mr. Russell Osborn shared that he feels the site is overplanted with trees and
requested a formal review of the Tree and Shade Master Plan document at a
future meeting.
Chairman Joseph Grossman asked if the initial proposal capped out at 292 units
or f the applicants reduced this density as a result of staff concerns with density.
Mr. Bull explained that the density was a bit higher at the initial phase of review
but was reduced due to increased open space areas.
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