Attachment D - PC Summary - Z-49-22-1-2.pdf

REPORT OF PLANNING COMMISSION ACTION 
September 1, 2022 
ITEM NO: 22 
DISTRICT NO.: 1 and 2 
SUBJECT:
Application #: 
Z-49-22-1-2
Location: 
Southwest corner of 7th Street and Pinnacle Peak Road 
From: 
A-1 SP DVAO and A-1 DVAO
To: 
A-1 DVAO
Acreage:
7.36 
Proposal: 
Removal of Special Permit to allow light industrial uses 
Applicant: 
Hawkeye Development, LLC 
Owner: 
William Cox, Park View Lane 5, LLC 
Representative: 
Clark Diepholz 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Deer Valley 8/11/2022 Approval, per the staff recommendation. Vote: 11-0. 
Planning Commission Recommendation: Approval, per the Deer Valley Village Planning 
Committee recommendation. 
Motion Discussion: N/A 
Motion details: Commissioner Boyd made a MOTION to approve Z-49-22-2, per the Deer Valley 
Village Planning Committee recommendation. 
 
Maker: Boyd 
 
Second: Gaynor 
 
Vote: 7-0 
Absent: Busching and Simon 
 
Opposition Present: No 
Findings: 
1.
The request is consistent with the General Plan Land Use Map designation and with
the character of job intensive industrial uses in this general area.
2.
The request does not create any land use conflicts, as the subject site is surrounded
by vacant properties and nearby industrial uses.
3.
The proposal will support the establishment of industrial businesses at an appropriate
location, creating jobs and providing economic development for the surrounding area
and for the city of Phoenix.
ATTACHMENT D

Stipulations: 
 
1. 
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the south 
side of Pinnacle Peak Road and a minimum 10-foot-wide multi-use trail (MUT) shall be 
constructed within the easement in accordance with the MAG supplemental detail and 
as approved by the Planning and Development Department. Where conflicts or 
restrictions exist, the developer shall work with the Site Planning Section on an 
alternative design through the technical appeal process. 
 
 
2. 
The property owner shall record a Notice of Prospective Purchasers of Proximity to 
Airport in order to disclose the existence, and operational characteristics of Deer 
Valley Airport to future owners and tenants of the property. 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.  
 
 
3. 
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. 
 
 
4. 
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. 
 
 
5. 
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. 
 
 
6. 
Prior to preliminary site plan approval, the landowner shall execute a Proposition 207 
waiver of claims form. The waiver shall be recorded with the Maricopa County 
Recorder's Office and delivered to the City to be included in the rezoning application 
file for record. 
 
This publication can be made available in alternate format upon request. Please contact  
Les Scott at 602-261-8980, leslie.scott@phoenix.gov or TTY: Use 7-1-1.