Attachment B - Staff Report - Z-49-22-1-2.pdf
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Staff Report Z-49-22-1-2
August 9, 2022
Deer Valley Village Planning Committee
Meeting Date:
August 11, 2022
Planning Commission Hearing Date:
September 1, 2022
Request From:
A-1 SP DVAO (Light Industrial
District, Special Permit, Deer Valley
Airport Overlay District) (2.20 acres)
A-1 DVAO (Light Industrial District,
Deer Valley Airport Overlay District)
(5.16 acres)
Request To:
A-1 DVAO (Light Industrial District,
Deer Valley Airport Overlay District)
(7.36 acres)
Proposed Use:
Removal of Special Permit to allow
light industrial uses
Location:
Southwest corner of 7th Street and
Pinnacle Peak Road
Owner:
William Cox, Park View Lane 5, LLC
Applicant:
Hawkeye Development, LLC
Representative:
Clark Diepholz
Staff Recommendation:
Approval
General Plan Conformity
General Plan Land Use Map Designation
Industrial
Street Map Classification
7th Street
Major
Arterial
65-foot west half street
Pinnacle Peak
Road
Arterial
40-foot south half street
Airport Drive
Local
25-foot north half street
Attachment B
Staff Report: Z-49-22-1-2
August 9, 2022
Page 2 of 10
General Plan Conformity
STRENGTHEN OUR LOCAL ECONOMY CORE VALUE; MANUFACTURING AND
INDUSTRIAL DEVELOPMENT; LAND USE PRINCIPLE: Support the expansion of
industrial zoning in targeted industrial areas.
The proposal will remove a special permit and allow all underlying A-1 uses on the
subject property, which is surrounded by industrial uses, within the Deer Valley Major
Employment Center, and is designated for industrial use on the General Plan Land
Use Map.
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.
The proposal to remove a special permit and allow all underlying A-1 uses will allow
redevelopment of a vacant opportunity site for industrial development that is
consistent with the character of the surrounding area.
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY AND CHARACTER; LAND USE PRINCIPLE: Locate land
uses with the greatest height and most intense uses within limits based on
village character, land use needs, infrastructure and transportation system
capacity.
The proposal would allow industrial uses at the subject site, located in a portion of the
Deer Valley Village near the Deer Valley Airport that serves as the industrial, job
intensive portion of the village. The subject site has access to a major arterial and an
arterial street, providing adequate transportation capacity for the proposed industrial
uses.
Applicable Plans, Overlays, and Initiatives
Deer Valley Major Employment Center: See Background Item No. 7.
Complete Streets Guiding Principles: See Background Item No. 8.
Tree and Shade Master Plan: See Background Item No. 9.
Zero Waste PHX: See Background Item No. 10.
Staff Report: Z-49-22-1-2
August 9, 2022
Page 3 of 10
Surrounding Land Uses/Zoning
Land Use
Zoning
On Site
Vacant
A-1 SP DVAO, A-1 DVAO
North (across
Pinnacle Peak Road)
Vacant and
landscape/hardscape
material company
A-1 DVAO
South (across Airport
Drive)
Deer Valley Airport
A-1 SP DVAO, A-1 DVAO
East (across 7th
Street)
Vacant
A-1 SP DVAO
West
Vacant
A-1 DVAO
Background/Issues/Analysis
PROPOSAL
1.
This request is to remove a Special Permit on a 7.36-acre site located on the southwest
corner of 7th Street and Pinnacle Peak Road. The existing Special Permit, Z-SP-3-00,
restricts uses on the site to mineral extraction and processing and a temporary concrete
batch plant. The request to remove the Special Permit would allow all underlying A-1
DVAO (Light Industrial District, Deer Valley Airport Overlay District) uses.
SUBJECT SITE AND HISTORY
2.
The approval of Rezoning Case No. Z-SP-
3-00 established the A-1 Special Permit on
the eastern portion of the site on October
4, 2000. The special permit rezoning case
covered a large area, roughly between
Pinnacle Peak Road to the north, Deer
Valley Road to the south, 7th Street to the
west, and 16th Street to the east. The
special permit is no longer needed on the
subject site, as it is now west of 7th Street,
due to its realignment. The subject site
does not contribute to the mining operation
(extraction and processing of materials to
remove hills and temporary concreate
batch plant).
Z-SP-3-00 Sketch Map, Source: City of
Phoenix Planning and Development
Department
3.
The site falls within the boundaries of the Deer Valley Ariport Overlay District (DVAO).
The City Council adopted the DVAO in 2006 to protect the health, safety and welfare of
Staff Report: Z-49-22-1-2
August 9, 2022
Page 4 of 10
persons and property in the vicinity of Deer Valley Airport (DVA) and to protect the long
term viability of DVA as a general aviation facility by ensuring land use compatibility with
airport operations, protecting navigable airspace from physical encroachment and
requiring permanent notice of flight operations to property owners.
The DVAO establishes different regulatoary areas within its boundaries – Areas 1, 2 &
3. Area 1 of the DVAO places a restriction on residential development within A-1 zoned
properties. Areas 2 & 3 have additional use restrictions and Area 3 has additional
building height restrictions. The subject site falls within the boundaries of Area 1.
Development on the subject site must comply with the requirement to record a Notice to
Prospective Purchasers of Proximity to Airport. This is addressed in Stipulation No. 2.
Deer Valley Airport Overlay Map, Source: City of Phoenix Planning and Development
Department
Staff Report: Z-49-22-1-2
August 9, 2022
Page 5 of 10
SURROUNDING LAND USES AND ZONING
4.
The subject site and immediately
surrounding properties to the north, east,
and west are mostly vacant land with
industrial zoning (A-1 and A-1 SP). Directly
to the south of the subject site is the Deer
Valley Airport. There are several industrial
uses further west of the subject site along
Pinnacle Peak Road.
Aerial Zoning Map, Source: City of Phoenix
Planning and Development Department
GENERAL PLAN LAND USE MAP DESIGNATIONS
5.
The General Plan Land Use Map designation for the site and surrounding properties to
the north, east, and west is Industrial. The Industrial land use category identifies areas
where warehousing, manufacturing, and processing uses are appropriate. South of the
subject site is the Deer Valley Airport, which is designated as Public/Quasi-Public on the
General Plan Land Use Map. The proposal to remove the Special Permit and allow all
underlying A-1 DVAO uses is consistent with the General Plan Land Use Map
designation.
Staff Report: Z-49-22-1-2
August 9, 2022
Page 6 of 10
General Plan Land Use Map Designation, Source: City of Phoenix Planning and
Development Department
PROPOSAL
6.
The proposal is to remove the Special Permit to allow for development of light industrial
uses. The conceptual site plan, attached as an exhibit, depicts an approximately
61,000-square-foot building, divided into several suites for industrial users. Parking and
drive aisles are located between the building and the street frontages while loading
areas are located on the western elevation of the building.
Staff Report: Z-49-22-1-2
August 9, 2022
Page 7 of 10
STUDIES AND POLICIES
7.
Deer Valley Major Employment Center
The subject site is located within the MAG
designated Deer Valley Major Employment
Center and within the city designated Deer
Valley Employment Center. The
substantial size and diverse nature of the
labor pool found in the Deer Valley area is
a key factor contributing to the overall
attractiveness of this employment center.
Employers located within the area have
access to nearly 450,000 workers within a
20-minute drive time, and within a 30-
minute drive the number of workers
increases to more than 850,000. The size
of the labor force will continue to increase
as additional development occurs in this
area. The Deer Valley employment center
boasts about 9.3 million square feet of
office space, 3.0 million square feet of flex
space, and over 11.9 million square feet of
industrial space. The proposal adds job-
generating industrial uses that will
contribute to the employment center.
Major Employment Center Map, Source:
City of Phoenix
8.
Complete Streets Guiding Principles
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. The existing streetscape along each
frontage is unbuilt and the developer will be required to construct streets to the City of
Phoenix standards, including providing sidewalks where none exist today. Additionally,
a multi-use trail will be required along Pinnacle Peak Road (Stipulation No. 1).
9.
Tree and Shade Master Plan
The Tree and Shade Master Plan encourages treating the urban forest as infrastructure
to ensure the trees are an integral part of the City’s planning and development process.
The proposed development will include landscape setbacks, consistent with A-1
development standards along arterial streets.
10. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal to
become a zero-waste city, as part of the city’s overall 2050 Environmental Sustainability
Staff Report: Z-49-22-1-2
August 9, 2022
Page 8 of 10
Goals. One of the ways Phoenix can achieve this is to improve and expand its recycling
and other waste diversion programs. The application materials do not indicate a
recycling plan for the proposed development.
COMMUNITY INPUT SUMMARY
11. At the time this staff report was written, staff has not received any community
correspondence in support or opposition.
INTERDEPARTMENTAL COMMENTS
12. The City of Phoenix Water Services Department noted the property has existing water
and sewer mains that can serve the site. However, the requirements and assurances
for water and sewer service are determined during the site plan application review.
13. The Fire Department indicated there are no problems anticipated with the case and that
the site and/or buildings shall comply with the Phoenix Fire Code. Further, the
Department commented that they do not know the water supply at this site and noted
that additional water supply may be required to meet the required fire flow per the
Phoenix Fire Code.
14. The Parks and Recreation Department requires the dedication of a multi-use trail
easement and construction of a multi-use trail along Pinnacle Peak Road, adjacent to
this development. This is addressed in Stipulation No. 1.
OTHER
15. The site is located in a larger area identified as being archaeologically sensitive. If
further review by the City of Phoenix Archaeology Office determines the site and
immediate area to be archaeologically sensitive, and if no previous archaeological
projects have been conducted within this project area, it is recommended that
archaeological Phase I data testing of this area be conducted. Phase II archaeological
data recovery excavations may be necessary based upon the results of the testing. A
qualified archaeologist must make this determination in consultation with the City of
Phoenix Archaeologist. In the event archaeological materials are encountered during
construction, all ground disturbing activities must cease within a 33-foot radius of the
discovery and the City of Phoenix Archaeology Office must be notified immediately and
allowed time to properly assess the materials. This is addressed in Stipulation Nos. 3
through 5.
16. Staff has not received a completed form for the Waiver of Claims for Diminution in Value
of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required by the rezoning
application process. Therefore, a stipulation has been added to require the form be
completed and submitted prior to preliminary site plan approval. This is addressed in
Stipulation No. 6.
Staff Report: Z-49-22-1-2
August 9, 2022
Page 9 of 10
17. Development and use of the site is subject to all applicable codes and ordinances.
Zoning approval does not negate other ordinance requirements. Other formal actions
such as, but not limited to, zoning adjustments and abandonments may be required.
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.
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.
Staff Report: Z-49-22-1-2
August 9, 2022
Page 10 of 10
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.
Writer
Anthony Grande
August 9, 2022
Team Leader
Racelle Escolar
Exhibits
Zoning Sketch Map
Aerial Sketch Map
Conceptual Site Plan date stamped June 17, 2022
Z-43-02
ANX 254
Z-SP-4-11
Z-SP-3-21
ANX 254
Z-SP-3-00
Z-43-02
Z-43-02
Z-68-20
Z-61-15
ANX 254
Z-SP-3-00
*
12 TH STREET
*
*
WILLIAMS DRIVE
*
CENTRAL AVENUE
MARICOPA
COUNTY
CENTRAL ARIZONA PROJECT CANAL
*
*
MARICOPA
COUNTY
*
PUD
A-1 SP
A-1 SP
A-1
A-1
A-1
A-1
S-1
IND.PK. SP
CP/GCP
PCD *
Z-117-04
PINNACLE PEAK RD
7TH ST
CENTRAL AVE
AIRPORT DR
Deer Valley
Airport Overlay
District (DVAO)
GREENWAY RD
BELL RD
UNION HILLS DR
DEER VALLEY DR
PINNACLE PEAK RD
HAPPY VALLEY RD
JOMAX RD
51ST AVE
43RD AVE
35TH AVE
19TH AVE
7TH AVE
7TH ST
16TH ST
I - 17
SR 101
DEER VALLEY VILLAGE
CITY COUNCIL DISTRICT: 2
I
APPLICANT'S NAME:
APPLICATION NO.
Z-49-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
7.36 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
A-1 SP DVAO, A-1 DVAO
A-1 DVAO
CONVENTIONAL OPTION
N/A, N/A
N/A
* UNITS P.R.D. OPTION
N/A, N/A
N/A
Hawkeye Development LLC
DATE:
6/30/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 44-28
ZONING MAP
O-8
REQUESTED CHANGE:
FROM: A-1 SP DVAO ( 2.20 a.c.)
A-1 DVAO ( 5.16 a.c.)
TO:
A-1 DVAO ( 7.36 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-49-22.mxd
Z-49-22
0.15
0
0.15
0.075
Miles
Z-43-02
ANX 254
Z-SP-4-11
Z-SP-3-21
ANX 254
Z-SP-3-00
Z-43-02
Z-43-02
Z-68-20
Z-61-15
ANX 254
Z-SP-3-00
*
12 TH STREET
*
*
WILLIAMS DRIVE
*
CENTRAL AVENUE
MARICOPA
COUNTY
CENTRAL ARIZONA PROJECT CANAL
*
*
MARICOPA
COUNTY
*
PUD
A-1 SP
A-1 SP
A-1
A-1
A-1
A-1
S-1
IND.PK. SP
CP/GCP
PCD *
Z-117-04
PINNACLE PEAK RD
7TH ST
CENTRAL AVE
AIRPORT DR
Deer Valley
Airport Overlay
District (DVAO)
Maricopa County Assessor's Office
GREENWAY RD
BELL RD
UNION HILLS DR
DEER VALLEY DR
PINNACLE PEAK RD
HAPPY VALLEY RD
JOMAX RD
51ST AVE
43RD AVE
35TH AVE
19TH AVE
7TH AVE
7TH ST
16TH ST
I - 17
SR 101
DEER VALLEY VILLAGE
CITY COUNCIL DISTRICT: 2
I
APPLICANT'S NAME:
APPLICATION NO.
Z-49-22
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
7.36 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
A-1 SP DVAO, A-1 DVAO
A-1 DVAO
CONVENTIONAL OPTION
N/A, N/A
N/A
* UNITS P.R.D. OPTION
N/A, N/A
N/A
Hawkeye Development LLC
DATE:
6/30/2022
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 44-28
ZONING MAP
O-8
REQUESTED CHANGE:
FROM: A-1 SP DVAO ( 2.20 a.c.)
A-1 DVAO ( 5.16 a.c.)
TO:
A-1 DVAO ( 7.36 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-49-22.mxd
Z-49-22
0.15
0
0.15
0.075
Miles
3PCFSU-VOETUFEU
SPCFSUMVOETUFEU!EBVNDPNNFSDJBMDPN
4LJQ$PSMFZ
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TLJQDPSMFZ!EBVNDPNNFSDJBMDPN
Tim Locher
(913) 940-2937
locher7@hotmail.com
Clark Diepholz
(480) 290-2833
clark.diepholz@gmail.com
Onyx Commercial
Real Estate
Hawkeye
Development