Attachment C - VPC Summary - Z-69-22-6.pdf

City of Phoenix — Formal (2023-10-04)

Extracted text (via pymupdf) 20870 characters

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-69-22-6
Date of VPC Meeting
August 28, 2023
Request From
CP/GCP
Request To
PUD
Proposal
PUD to allow commerce park uses and select light
industrial uses
Location
Approximately 1,300 feet north of the northeast
corner of 50th Street and Chandler Boulevard
VPC Recommendation
Approval, per the staff recommendation, with a
modification
VPC Vote
6-2
VPC DISCUSSION:
Item No. 4 (GPA-AF-2-22-6) and Item No. 5 (Z-69-22-6) are companion cases and
were heard together.
3 members of the public registered to speak on this item.
Staff Presentation:
Matteo Moric, staff, presented an overview of the general plan amendment and the
rezoning case associated with the property along 50th Street north of Chandler
Boulevard. Mr. Moric stated these proposals will be heard together but require two
separate motions.
Mr. Moric showed the location of the proposal and identified the staff findings and
recommendations. Mr. Moric identified the land uses and zoning of the surrounding
properties, showed the proposed site plan and elevations. Mr. Moric stated the
proposal was to allow commerce park uses and select industrial uses.
Applicant Presentation:
Carolyn Oberholtzer introduced herself as the attorney representing the proposal
and reminded the Committee that she came before them for an information item back
in April. Ms. Oberholtzer said she would mainly talk about what had changed since
the previous meeting and noted the buildings have been built and certificate of
occupancies were issued so it was fully operational today. Ms. Oberholtzer said the
property was owned by the Kyrene Elementary School District but it’s a long-term
lease with Via West which is a national local major developer. Ms. Oberholtzer said

Ahwatukee Foothills Village Planning Committee
Meeting Summary
Z-69-22-6
Page 2 of 8

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
there was high demand in the market for these smaller clean manufacturers needing
50,000 to 100,000 square feet of space. Ms. Oberholtzer indicated the site was a
logistics center with high interior ceilings which buildings could function for logistics,
distribution, storage, as well as manufacturing. Ms. Oberholtzer noted the surrounding
context of the property.

Ms. Oberholtzer clarified there was a property two parcels to the north which had
been rezoned from office to multifamily. Ms. Oberholtzer said for logistics the freeway
interchanges nearby were important such as the Chandler Boulevard and Ray Road
interchanges and access to 50th Street with a short run to Chandler Blvd.

Ms. Oberholtzer identified the size of the three buildings onsite ranging from 141,000
to 210,000 square feet and noted they had a signed lease for a locking system
company which did distribution and warehousing at this location and hoped to add
manufacturing in the future. Ms. Oberholtzer stated they were working with a mixture
of tenants and one group which needed a space for pharmaceutical manufacturing
and had committed tenants for warehouse and storage. Ms. Oberholtzer added they
had plenty of additional parking and that Via West managed these types of industrial
parks very well.

Ms. Oberholtzer said the PUD enforces what the existing building setbacks are and
codified large residential setbacks and building heights.

Ms. Oberholtzer noted access was from 3 driveways with 2 having expanded tapers
to take trucks out of the traffic lanes. Ms. Oberholtzer added this property was
originally planned for office, which had a higher projected trip count than this
proposal. Ms. Oberholtzer said the ITE code which traffic engineers use for industrial
park, factors in both manufacturing and logistics users’ range with 13% trucks and the
balance passenger vehicles. Ms. Oberholtzer said the shift towards more
manufacturing tenants would bring passenger vehicles up and trucks down. Ms.
Oberholtzer stated that office use was originally planned for the site when the site
plan was made in the early 1990’s, and the current traffic study was done in 2021.
Ms. Oberholtzer said if the concern was traffic, the use would generate less traffic.

Ms. Oberholtzer added there was similar uses to the east side of the freeway within
the City of Chandler. Ms. Oberholtzer reminded the Committee they were requesting
limited processes typically accompanied with electronic manufacturing which is metal
plating and the manufacturing of pharmaceuticals, vitamins and dietary supplements,
which she said the CP/GCP zoning was silent on. Ms. Oberholtzer emphasized that
they were not talking about smokestacks and heavy manufacturing, they were
tightening up on the allowance of outdoor storage by providing limitations on the
height and wanted an increase to lot coverage for the shade covering of vehicles. Ms.
Oberholtzer said they went beyond the standard notification requirements by 400 feet
and noted no one came to the neighborhood meeting. Ms. Oberholtzer stated the
intent was to bring in high quality jobs and tenants who work well together.

Ahwatukee Foothills Village Planning Committee
Meeting Summary
Z-69-22-6
Page 3 of 8

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Questions from Committee:

Chair Andrew Gasparro asked the applicant representative to define metal plating.
Ms. Oberholtzer said metal plating entails such precious metals as gold, platinum,
and silver used in a lot of computer manufacturing and melting it down and cleaning
the parts.

Vice Chair Darin Fisher said this was like semiconductors or chips manufacturing.
Ms. Oberholtzer said yes, but nothing too intense and it’s at a smaller scale.

Elena Pritchette said anytime there’s plating it would release cyanides which are
extremely toxic. Ms. Oberholtzer said the proposal would need to go through city
review and requirements of all the materials which the city code would define how
materials are treated and disposed.

Vice Chair Fisher shared concerns because this proposal was introducing the
storage, manufacturing, utilization, and transport of hazardous toxic materials and this
would open the door to other changes in the future. Mr. Fisher believed these
materials were a concern since there were residential uses and hotels nearby. Mr.
Fisher said it was a small change in the language but not in the permissibility it would
allow.

Ms. Oberholtzer said this was an opportunity to allow a diversification of jobs in
Ahwatukee with the latest buildings with the latest reviews and meet latest codes with
these new uses. Ms. Oberholtzer said the new technology, robotics and machines
were able to have these facilities in buildings which they could not have before.

Clifford Mager asked if this was like a use permit to expand the uses from two years
ago and expressed concern of sending trailer traffic in the area which would not be an
easy fit. Mr. Mager said this would create a bigger problem in a couple years. Ms.
Oberholtzer said the streets have acceptable levels of service and they were wanting
to add users which would have less truck traffic.

Chair Gasparro asked about the building permit or developer impact fees which were
paid to the city for DOT or transportation. Ms. Oberholtzer said it the fees paid to the
City of Phoenix for impact, permit fees, and off-site improvements were significant.
Mr. Gasparro said this was a significant investment paid to the City of Phoenix and
would help the school district.

Vice Chair Fisher wanted clarification on the traffic study. Ms. Oberholtzer said this
would add about 1700 daily trips in addition to what is already there.

Chair Gasparro said Amazon could go in there with storage and distribution of
nothing but trucks and go back and forth and this proposal would allow smaller users
which get more passenger vehicles.

Ahwatukee Foothills Village Planning Committee
Meeting Summary
Z-69-22-6
Page 4 of 8

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Vice Chair Fisher felt it was important for Ahwatukee residents to speak about an
Ahwatukee issue. Ms. Oberholtzer explained that they had notified property owners
with 1000 feet and homeowner associations within a mile.

Kimberly Barua asked if the proposal was for one or more tenants. Ms. Oberholtzer
said they started working on this PUD over 1 ½ years ago, and the locking system
company is a tenant now who would like to expand in the future to allow electronics
manufacturing. Ms. Oberholtzer said they had interest from other tenants along the
way including the manufacturing of pharmaceuticals.

Mike Maloney asked why it was hard to find locations for this use. Mr. Alex Boles
from Via West stated some of these infill sites drive the highest values in the city. Mr.
Boles said down I-17 and I-10 lots of companies that want to expand. Most
employees live in Ahwatukee going to other locations and in many you need to tear
down buildings which can be very expensive, and the zoning may be difficult to
obtain.

Ms. Barua asked if there were employment counts. Ms. Oberholtzer said there were
no employment projections yet since they only have storage and distribution now, but
it would be higher.

Mr. Mager shared concerns that there will need to be traffic improvements in the near
future. Ms. Oberholtzer said if there’s a change of use it triggers a new traffic
assessment update.

Vice Chair Fisher identified a concern with neighboring properties wanting to do
something similar.

Public Comments:

Patty Porter said she was opposed to the item. She wanted to know how this project
benefited the residents of Ahwatukee and she did not want an infiltration from a
commuter type of business. She said this brings semitruck traffic and the proposal
would not promote the small town feel of Ahwatukee. Ms. Porter also expressed
concerns of toxicity and pollution.

Lei Finke opposed the item and read into the record her concerns of Via West built
buildings now they want a General Plan Amendment. She expressed concerns with
traffic and its increase and stated it was insulting to compare traffic counts to the
proposal from the 1990’s.

Joe Shultz said the existing zoning is done and they’d allow trucks in and out today.
He was concerned with the metal plating and said his knowledge is metal plating is
one of the largest ecological disasters. He added he was all about brigning jobs to
Ahwatukee but did not feel this kind of facility should be in Ahwatukee.

Ahwatukee Foothills Village Planning Committee
Meeting Summary
Z-69-22-6
Page 5 of 8

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Ms. Oberholtzer said the traffic concern is it’s a vacant property and when you add a
use it will add trips and it is on a freeway in Ahwatukee. Ms. Oberholtzer said the
majority of the concerns was the electric manufacturing and said the tenant is not
fundamental and more fundamental is the pharmaceutical and the basic compounding
for the vitamins and supplements. Ms. Oberholtzer said it was in the Committee’s
purview to make the recommendation to approve the PUD without that component of
it. Ms. Oberholtzer wanted to remind the Committee of this option when they
deliberate.

Ms. Oberholtzer said this use would provide the potential of someone living in
Ahwatukee to be close to these high paying jobs.

Ms. Pritchette said she was a chemical nuclear engineer and did not want to open
the pandora’s box for the toxic industry and she worked with plating and said there’s
no perfect lab which can filtrate toxicity which will be dumped in the ground or sewer.
Ms. Pritchette said every place that has this use has a high rate of cancer and noted
she had worked 20 years in the industry.

Vice Chair Fisher asked if they were willing to edit out the use and said if Via West
would be willing to. Mr. Boles from Via West said if the Committee was
uncomfortable with the use they would agree to it.

Chair Gasparro wanted to put on record he hopes friends at Planning Commission
and City Council listen to the recommendation of the Village Planning Committee.

Ms. Oberholtzer said after City Council approval have to complete a PUD narrative
which will serve as regulatory document, and they would not advocate for the
Planning Commission to add it back in.

Chair Gasparro wanted to ensure the owners comment of agreeing to the removal of
the electronic manufacturing, if the Village Planning Committee approves the GPA
and Zoning. Ms. Oberholtzer said the owner would agree to it.

Chair Gasparro said his suggestion would be if the VPC wants it this way.

Motion #1:
Vice Chair Fisher motioned to recommend approval of Z-69-22-6 per staff
recommendation with a modification to remove the revised permitted use item c.
Electronics Manufacturing: manufacturing or assembly of electronics and/or locking
systems, including precious and semi-precious metal plating as an accessory use.
Clifford Mager seconded the motion.

Vice Chair Fisher rescinded the motion and Clifford Mager rescinded the second.

Vice Chair Fisher said we would be relying on good faith and trust that Via West will
honor their commitment.

Ahwatukee Foothills Village Planning Committee
Meeting Summary
Z-69-22-6
Page 6 of 8

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Suzanne Sharer indicated she had concerns with any type of manufacturing.

Vice Chair Fisher said there was no motion on the table.

Motion #2:
Clifford Mager motioned to recommend approval of Z-69-22-6 per staff
recommendation which did not receive a second.

Ms. Oberholtzer explained that if the motion fails the recommendation would go
forward to Planning Commission with a recommendation of a denial, another motion
will not be made if it fails.

Motion #3:
Vice Chair Fisher resubmitted his motion to recommend approval of Z-69-22-6 per
staff recommendation with a modification to remove the revised permitted use item c.
Electronics Manufacturing: manufacturing or assembly of electronics and/or locking
systems, including precious and semi-precious metal plating as an accessory use.
Clifford Mager seconded the motion.

Vote:
6-2, Motion to recommend approval of Z-69-22-6 per staff recommendation with a
modification to remove the revised permitted use item c. Electronics Manufacturing:
manufacturing or assembly of electronics and/or locking systems, including precious
and semi-precious metal plating as an accessory use passed, with Committee
Members Barua, Mager, Meier, Pritchette, Vice Chair Fisher, and Chair Gasparro in
favor; Maloney and Sharer opposed.

VPC RECOMMENDED STIPULATIONS:

1.
An updated Development Narrative for the Converge Logistics Center PUD
reflecting the changes approved through this request shall be submitted to the
Planning Department within 30 days of City Council approval of this request. The
updated Development Narrative shall be consistent with Development Narrative
date stamped August 11, 2023, as modified by the following stipulations.

a.
Update title page with the City Council adoption date.

b.
Page 8, C. List of Uses, 1. Permitted Uses: Update bullet point b. to “The
basic processing and compounding of pharmaceuticals, vitamins, or
dietary supplements.”

c.
Page 8. C. List of Uses, 1. Permitted Uses: Update bullet point c. to state
the following: All manufacturing is conducted entirely within an enclosed
building and the portion of the building devoted to the use is located more
than 100 feet from a residential district.

Ahwatukee Foothills Village Planning Committee
Meeting Summary
Z-69-22-6
Page 7 of 8

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

d.
Page 8. C. List of Uses, 3. Accessory Uses: Delete bullet point b. Semi-
trailer outdoor storage.

e.
Page 10. D. Development Standards, Landscape Standards Table:
Update Perimeter Property Lines-South, and West to “Evergreen
shrubbery at 4 feet on center which will achieve a minimum 12-foot height
upon full maturation.”

f.
Page 10. D. Development Standards, 3. Shade: Add the following
sentence: “Minimum 75% shading of all internal pedestrian walkways by
means of vegetation at maturity and/or shade structures if the Electronics
Manufacturing use is added to the Project.”

G.
REMOVE THE FOLLOWING FROM THE USE LIST AND ALL
REFERENCES TO THE USE THROUGHOUT THE PUD NARRATIVE:
ELECTRONICS MANUFACTURING: MANUFACTURING OR
ASSEMBLY OF ELECTRONICS AND/OR LOCKING SYSTEMS,
INCLUDING PRECIOUS AND SEMI-PRECIOUS METAL PLATING AS
AN ACCESSORY USE.

2.
A 20-foot-wide public drainage easement shall be dedicated along the entirety of
the parcel abutting the existing 30-foot-wide drainage easement and aligned with
the proposed southern access point to 50th Street, as approved by the Planning
and Development Department.

3.
The developer shall provide, at a minimum, right-of-way for a drainage channel
along a portion of the east property boundary. This channel shall connect to the
channel proposed within the Interstate 10 right-of-way and the existing channel
located south of the existing site. The location of this channel shall be consistent
with drainage studies approved or accepted by the Planning and Development
Department. If required by the Planning and Development Department, the
applicant shall construct the channel only for that portion which is located outside
of the ADOT right-of-way.

4.
A maximum of three access points shall be permitted onto 50th Street, as
approved by the Street Transportation Department.

5.
The development shall conform to the recommendations approved by the Traffic
Impact Study received May 6, 2021, as approved by the Planning and
Development and Street Transportation Departments.

6.
The applicant shall submit a new Traffic Impact Study to the City if development
plans change and are not reflective of the Traffic Impact Study received May 6,
2021. The developer shall be responsible for cost and construction of all
mitigation identified through the analysis. No preliminary approval of plans shall

Ahwatukee Foothills Village Planning Committee
Meeting Summary
Z-69-22-6
Page 8 of 8

City of Phoenix • Planning & Development Department
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
be granted until the study is reviewed and approved by the Street Transportation
Department.

7.
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 Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

8.
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.

9.
Within 60 days of City Council 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.

STAFF COMMENTS REGARDING VPC RECOMMENDATIONS & STIPULATIONS:

Staff has no comments.