Attachment D - VPC Summary Action - Z-24-23-1.pdf

City of Phoenix — Formal (2023-10-04)

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City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
Z-24-23-1
Date of VPC Meeting 
August 10, 2023 
Request From 
County RU-43 (Pending S-1) 
Request To 
CP/GCP DVAO 
Proposal 
Light industrial / Commerce Park 
Location 
Approximately 310 feet south of the southeast corner of 
19th Avenue and Park View Lane 
VPC Recommendation 
Approval, per the staff recommendation 
VPC Vote 
11-1
No members of the public registered to speak on this request. 
VPC DISCUSSION:
Matteo Moric, staff, provided an overview of the request and identified the surrounding 
zoning, uses, and general plan designations. Mr. Moric showed the proposed site plan 
and building elevations and summed up the staff findings, recommendation, and staff 
stipulations. 
Trilese DiLeo asked what the Proposition 207 Waiver is. 
Mr. Moric explained that the waiver is one the developer needs to sign that protects the 
City from a lawsuit if the zone change causes a diminution of value to the property. 
Will Novak clarified it was a state law that passed about 15 years ago and said if the 
zoning changes that the property owner will not sue the City for what it is asking for if it 
goes down in value. 
Braden Lopez-Biggs asked about the annexation process. 
Mr. Moric explained that prior to formal submittal of the zone change request the 
applicant was required to have its first annexation public hearing and prior to approving 
the rezoning the property would need to be annexed into the City and said the applicant 
could explain more about where they are in the process. 
ATTACHMENT D

Deer Valley Village Planning Committee 
Meeting Summary 
Z-24-23-1 
August 10, 2023 
Page 2 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Tim Locher and Clark Diepholz introduced themselves as the development team and 
said they have several applications in at the City and thanked City staff for their 
assistance. 
 
Mr. Diepholz explained the site comprised of two parcels that they were rezoning which 
would be contingent on the annexation and they needed to go to the Board of Directors 
with Maricopa County for the final sign off. Mr. Diepholz said the rezoning would be 
contingent on the vesting of the annexation and explained it would come in as S-1 
zoning for the comparable zone to the County and they wanted to rezone to CP/GCP to 
allow all the permitted uses under that zoning classification. Mr. Diepholz said the 
proposal aligns with the City of Phoenix General Plan Core Values and would create 
more jobs and taxes and brings new business into the area. Mr. Diepholz showed the 
zoning around the site and showed the site plan which he said was a preliminary site 
plan and not set in stone. 
 
Mr. Diepholz described some of the nearby properties which were at different stages of 
construction and said that half of Alameda Street was already paved. 
 
Tim Locher explained any building that was under the speculation got leased up before 
it was finished. Mr. Locher added the demand was stronger than any submarket in the 
country. 
 
Ricardo Romero asked if the building could be broken up and Tim Locher said it could 
be broken up but it made more sense to have the southern end be where the building 
was located and the northern end the egress.  
 
James Sutphen asked if there were noise issues related to the testing of vehicles, 
crashing, etc. 
 
Tim Locher said the noise was not significant and the new development of the MAC 
business would create an even bigger buffer.  
 
Trilese DiLeo questioned what was the width of the northern parcel, Mr. Diepholz said 
it was too narrow to develop on its own which was one reason they wanted to combine 
but Tim Locher said a bigger benefit was to not have all the traffic on Alameda Road. 
 
Sandra Hoffman indicated the proposal was not meeting all the required setbacks and 
they would need to put in a trail easement. Mr. Locher said they would be putting the 
trail in and if they would need to resize the building they would do that. 
 
MOTION: 
Committee Member James Sutphen motioned to recommend approval of Z-24-23-1 
per the staff recommendation. Committee Member Will Novak seconded the motion.

Deer Valley Village Planning Committee 
Meeting Summary 
Z-24-23-1 
August 10, 2023 
Page 3 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
VOTE: 
11-1, motion to recommend approval of Z-24-23-1 per the staff recommendation passes 
with Committee Members Davenport, DiLeo, Freeman, Greenberg, Lopez-Biggs, 
Novak, Romero, Sutphen, Virgil, Vice Chair Kenney and Chair Grossman in favor. 
Committee Member Hoffman opposed. 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
No comment.