NOTICE OF PUBLIC MEETING - City of Phoenix, AZ

NOTICE OF RESULTS ZONING ADJUSTMENT HEARING

Pursuant to A.R.S. Section 38-431.02, notice is hereby given the ZONING ADJUSTMENT HEARING OFFICER and to the general public, that the CITY OF PHOENIX ZONING ADJUSTMENT HEARING OFFICER held a meeting open to the public on December 21, 2017, at 9:00 a.m. located in Assembly Room C, Phoenix City Hall, 200 West Washington Street, First Floor, Phoenix, Arizona.

The results for the meeting were as follows:

RESULTS

Approved 1. w/ stip

9:00 AM

Application #:

ZA-460-17-6 (Continued from 11/2/17)

Existing Zoning:

R1-10

Location:

5911 East Calle Del Paisano

Quarter Section:

16-41(H11)

Proposal:

1) Time extension of ZA-551-16, a variance to

allow an over height wall (7 feet, 9 inches) in

the required rear yard. Maximum 6 feet

permitted. 2) Time extension of ZA-551-16, a

variance to allow an over height wall (7 feet, 8

inches) in the required side yard (west).

Maximum 6 feet permitted. 3) Time extension

of ZA-551-16, a variance to allow an over

height wall (6 feet, 5 inches) in the required

side yard (east). Maximum 6 feet permitted.

4) Time extension of ZA-551-16, a variance to

reduce the minimum percent open for walls

adjacent to the Arizona Canal. Minimum 50

percent open required.

Ordinance Sections: 307. 307. 307. 307.

Applicant:

Brennan Giggey

Representative:

Brennan Giggey

Owner:

Brennan Giggey

Stipulation:

1) One year to apply and pay for building permits.

Denied

2. Application #:

ZA-542-17-4

Existing Zoning:

C-2

Location:

4117 North 16th Street

Quarter Section:

17-31(H9)

Proposal:

Variance to allow an over height fence (7 feet)

within the required front yard setback.

Maximum 40 inches allowed.

Ordinance Sections: 703.A.3.a

ZAHO Marked Agenda, December 21, 2017

Page 1

Applicant: Representative: Owner:

Leodra Bowdell, Phoenix Permit Services Leodra Bowdell, Phoenix Permit Services 4117 N 16th St, LLC

Approved 3. w/ stips

Application #:

ZA-544-17-3

Existing Zoning:

A-1

Location:

9222 North 14th Avenue

Quarter Section:

27-26(J8)

Proposal:

Use permit to allow a residential use in an

industrial zone. Use permit required.

Ordinance Sections: 627.D.1.

Applicant:

Randy Cranston, CB & Associates

Representative:

Randy Cranston, CB & Associates

Owner:

Randy Cranston, CB & Associates

Stipulations:

1) 180 days to apply and pay for building permits.

2) Limited to one residential unit.

Approved 4. w/ stips

Application #:

ZA-545-17-6

Existing Zoning:

C-2

Location:

2831 East Indian School Road

Quarter Section:

16-34(H10)

Proposal:

Use permit to allow a car wash in an open

building. Use permit required.

Ordinance Sections: 623.D.42.

Applicant:

Lance Meinhold, Larson Associates

Representative:

Lance Meinhold, Larson Associates

Owner:

David Wetta IS28, LLC

Stipulations:

1) Wash bay doors shall be closed from 8:00 p.m. each evening to

7:00 a.m. the next morning.

2) Vacuum producers will also be shut off from 8:00 p.m. to 7:00

a.m. each day.

3) One year to apply and pay for building permits.

Approved 5. w/ stips

Application #: Existing Zoning: Location: Quarter Section: Proposal:

ZA-398-17-7 (Continued from 11/2/17) A-2 2 North 35th Avenue Phoenix, AZ 85009 10-20(F6) 1) Use permit to allow a medical marijuana cultivation facility. Use permit is required. 2) Use permit to allow a medical marijuana infusion facility. Use permit is required. 3) Variance to allow a medical marijuana cultivation facility within 1,000 feet of a residentially zoned district. 1,000 feet

ZAHO Marked Agenda, December 21, 2017

Page 2

separation is required between cultivation

facility and residentially zoned districts.

4) Variance to allow a medical marijuana

cultivation facility within 1,320 feet of a

church. Minimum separation of 1,320 feet

required. 5) Variance to allow a medical

marijuana cultivation facility within 5,280 feet

of another medical marijuana facility.

Minimum separation of 5,280 feet required.

6) Variance to allow a medical marijuana

infusion facility within 1,000 feet of a

residentially zoned district. 1,000 feet is

required between infusion facility and

residentially zoned districts. 7) Variance to

allow a medical marijuana infusion facility

within 1,320 feet of a church. Minimum

separation of 1,320 feet required. 8) Variance

to allow a medical marijuana infusion facility

within 5,280 feet of another medical marijuana

facility. Minimum separation of 5,280 feet

required.

Ordinance Sections: 627.D.91.a. 627.D.93.a. 627.D.91.d.

627.D.91.f. 627.D.91.c. 627.D.93.c.

627.D.93.e. 627.D.93.b.

Applicant:

35th Avenue Investments LLC

Representative:

Jesse R. Callahan May, Potenza, Baran &

Gillespie, P.C.

Owner:

35th Avenue Investments LLC

Stipulations:

1) The Use Permits shall be reviewed within 365 days of the

issuance of the dispensary certificate for a medical marijuana use

or approval to operate the cultivation and infusion from the

Arizona Department of Health Services.

2) The applicant has 1 year to apply and pay for building permits.

3) A certificate for medical marijuana use shall be obtained from the

Arizona Department of Health Services or approval to operate. If

no certificate or approval to operate is granted within one year of

the approval of these Use Permits and Variances, the Zoning

Administrator shall schedule a revocation hearing for the Use

Permits.

4) The applicant shall submit a security plan provided to the Arizona

Department of Health Services to the Planning and Development

Department within 30 days of the Use Permit approvals. The

plan shall include 24-hour security on its property.

5) The applicant shall notify in writing the area's Police Precinct

Commander of establishing such facility. Notice of this contact

ZAHO Marked Agenda, December 21, 2017

Page 3

shall be submitted in writing to the Planning and Development Department. 6) Applicant shall install and maintain per manufacturer's specifications an odor control system, within 1 year of today's hearing and prior to operation of the cultivation and infusion facility. a. Applicant shall submit an odor control plan identifying contact

person for odor complaints to the Planning and Development Department. b. More specifically the applicant shall install and maintain a Can Filter 150 and in-line odor mitigation system. The odor control system shall be installed before operations begin for the proposed medical marijuana infusion and cultivation facility in order to prevent odors from negatively impacting surrounding properties, including without limitation HS Industrial, LLC's property on Assessor Parcel Number 10622-006A. This stipulation shall incorporate the information on the odor mitigation system provided by the applicant in the letter to the City of Phoenix dated December 14, 2017 and referenced as, "ZA-398-17: Additional Information on the Proposed Odor Mitigation System for 2 N. 35th Avenue, Phoenix, AZ." c. The applicant shall provide a written report to the City of Phoenix within 1 year of the issuance of the authorization from medical marijuana use from the Arizona Department of Health Services or approval to operate. The report shall summarize the status of odor mitigation efforts, any complaints that have been reported to the applicant or operator of the use, and the status and/or mitigation of such complaints. This stipulation shall not require any additional public hearings regarding the approved use permits and variances. 7) The applicant shall notify the Planning and Development Department in writing within 30 days of when there is a change in the operator or entity's name. 8) The applicant shall not create a parking demand, for the proposed medical marijuana cultivation and infusion facility uses, which exceeds the existing parking on the applicant's property or which does not meet City of Phoenix parking standards. 9) The applicant shall take all necessary actions to prevent and prohibit nuisances and/or loitering on its property. 10) The applicant shall prohibit smoking of marijuana within the applicant's parking lot area.

ZAHO Marked Agenda, December 21, 2017

Page 4

Approved 6. w/ stip

Application #:

ZA-54-13-7 (1-year review)

Existing Zoning:

A-1

Location:

2439 West McDowell Road

Quarter Section:

12-23(G7)

Proposal:

1) Use permit to allow a Medical Marijuana

Cultivation Facility. Use permit required.

2) Use permit to allow a Medical Marijuana

Dispensary Facility. Use permit required.

3) Use permit to allow a Medical Marijuana

Infusion Production Facility. Use permit

required. 4) Variance to allow a Medical

Marijuana Cultivation Facility to be located

within 5,280 feet of the same type of use.

Shall not be located within 5,280 feet of the

same type of use. 5) Variance to allow a

Medical Marijuana Dispensary Facility to be

located within 5,280 feet of the same type of

use. Shall not be located within 5,280 feet of

the same type of use. 6) Variance to allow a

Medical Marijuana Infusion Production Facility

to be located within 5,280 feet of the same

type of use. Shall not be located within 5,280

feet of the same type of use.

Ordinance Sections: 627.D.91.a. 627.D.92.a. 627.D.93.a.

627.D.91.c 627.D.92.d. 627.D.93.b.

Applicant:

Mark Steinmetz, Nature's AZ Medicines Inc.

Representative:

Owner:

World Enterprises

Stipulation:

1) Review in one year.

Approved 7. w/ stip

Application #: Existing Zoning: Location: Quarter Section: Proposal:

Ordinance Sections: Applicant: Representative:

ZA-94-13-5 (1-year review) C-3 4126 West Indian School Road 17-19(H6) 1) Use permit to allow a nonprofit medical marijuana dispensary facility. Use permit required. 2) Variance to allow a nonprofit medical marijuana dispensary facility to be located within 5,280 feet of the same type of use or a medical marijuana facility. Shall not be located within 5,280 feet of the same type of use. 623.D.122.a. 623.D.122.e. James Kramer, Herbal Wellness Center, Inc. Earl, Curley & Lagarde, P.C

ZAHO Marked Agenda, December 21, 2017

Page 5

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