Attachment C - VPC Summary - Z-26-23-1.pdf

City of Phoenix — Formal (2024-02-07)

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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-26-23-1
Date of VPC Meeting 
December 14, 2023 
Request From 
S-1 DVAO
Request To 
A-1 DVAO
Proposal 
Light Industrial
Location 
Approximately 1,500 feet east of the northeast corner of 
19th Avenue and the Alameda Road alignment 
VPC Recommendation 
Approval, subject to the stipulations, with a deletion of 
Stipulation No. 2 requiring a minimum 5-foot landscape 
setback on the north and west sides. 
VPC Vote 
9-0 
No members of the public registered to speak on this request. 
VPC DISCUSSION:
STAFF PRESENTATION 
Matteo Moric, staff, introduced the case as one which had previously been heard, 
however, an amendment was made by the applicant to request an A-1 zone change 
versus the CP/GCP zoning. Mr. Moric said the property was recently annexed into the 
City of Phoenix and given the S-1 DVAO zoning. 
Mr. Moric provided an overview of the request and identified the site location, 
surrounding zoning and land uses, and general plan land use map designations. Mr. 
Moric showed the proposed site plan and building elevations and summed up the staff 
findings, recommendation, and staff stipulations. Mr. Moric indicated the staff 
recommended was to deny as filed, approve CP/GCP subject to stipulations. Mr. Moric 
noted the proposal was not consistent with the General Plan Land Use Map designation 
and compatible with the surrounding CP/GCP zoned parcels, but noted it was 
consistent with the Deer Valley Airport Overlay and would provide employment 
opportunities. Mr. Moric also indicated an additional stipulation was added for a 5-foot 
landscape setback along the north and west sides adjacent to the residentially zoned 
properties. 
ATTACHMENT C

Deer Valley Village Planning Committee 
Meeting Summary 
Z-26-23-1 
December 14, 2023 
Page 2 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
APPLICANT PRESENTATION 
 
Tim Locher introduced himself and Clark Diepholz as representing Hawkeye 
Development and said the Deer Valley area had been changing significantly and him 
and his colleague Mr. Diepholz were working at changing the zoning for several 
reasons. Mr. Locher noted the property was located in the middle of the Taiwan 
Semiconductor Manufacturing Company (TSMC) supply area and across the street was 
the Mack supplier development which he said would allow A-2 uses, and to the east is 
the Opus sub supplier campus. Mr. Locher said all the interests for the site were from A-
1 users. Mr. Locher said this was one of the reasons they amended their request from 
CP/GCP to A-1 and he noted they went to Councilmember O’Brien’s office and spoke 
with her Chief of Staff who said he wanted the applicant to mention the office was in full 
support of this request and encouraged them to go to A-1 zoning. 
 
Mr. Diepholz stated he felt the proposal met the requirement of the core values of the 
General Plan. Mr. Diepholz requested to eliminate the stipulation that required there be 
a minimum of 5-foot landscape setback on the north and west. Mr. Diepholz stated the 
properties to the north and west were in the Maricopa County jurisdiction and zoned 
RU-43 and indicated they were used for more intensive uses such as outdoor industrial 
and an open agricultural uses. Mr. Diepholz said the area is not residential and is an 
industrial area. Mr. Diepholz suggested they may want to have a wall in place of the 5-
foot landscape setback. 
 
QUESTIONS FROM THE COMMITTEE AND APPLICANT RESPONSE 
 
Trilese DiLeo asked about when the city started asking for electric vehicle parking 
stations. Mr. Moric said this was a relatively recent stipulation which the city requests 
with zoning changes. Ms. DiLeo then asked if the charging station would be public or 
private and the applicant, Clark Diepholz, responded that it would be private use.  
 
Gregory Freeman said the aerial photo shared was outdated and there is a 120-acre 
complex coming onto the property to the south. Mr. Diepholz said Mack came in on 
State Land and bought about 256 acres and Mack applied for a PUD on it to allow 
CP/GCP up to A-2 which services TSMC. Mr. Diepholz shared that much of Alameda 
Road was already constructed and the Mack site to the south was rezoned in about 
2021 well before their request. 
 
Will Novak asked if the stipulated 5-foot landscape area on the north and west would 
require trees. Mr. Moric said trees would be required within the 5-foot landscape 
setback. Mr. Novak reminded the Committee that within the packet was the tree and 
shade master plan information and trees might be helpful, especially with the urban heat 
island. Mr. Locher and Mr. Diepholz mentioned they already have minimum landscape 
Mr. Diepholz said the project site plan stayed consistent with the previous request. Mr. 
Diepholz explained the campus to the south allowed A-2 uses which is the heaviest 
industrial in the City of Phoenix.

Deer Valley Village Planning Committee 
Meeting Summary 
Z-26-23-1 
December 14, 2023 
Page 3 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
requirements per the City rules, and the deletion of the 5-foot landscape setback would 
allow a wall. Mr. Diepholz added this may be needed for truck turnaround, fire truck 
safety, and solid waste vehicles. Mr. Diepholz said the 5-foot of setback could impact 
approximately a couple thousand square feet of building space. 
 
Mr. Moric said the direction of the General Plan was to be a Commerce Park district 
with more landscaping against the residential zoned property and the street frontage. 
 
Ms. DiLeo asked for clarity on how the reduction of the 5-foot setback would impact the 
landscape plan.  
 
Mr. Freeman said the assumption of the setback was this was CP zoning next to 
residential zoning, but added this request was not for CP zoning. Mr. Braden Lopez-
Biggs said the residential zoning is outside of the City’s jurisdiction, and he doubts that 
it would be developed as residential. Mr. Diepholz said that most likely the neighboring 
properties would be annexed into the City of Phoenix from the County. Mr. Diepholz 
said the likelihood of getting city services to a property that would be residential is 
unlikely. Mr. Diepholz explained the subject property was annexed and given the 
equivalency zoning of S-1 and the General Plan calls for the Commerce Park use. Mr. 
Diepholz said that if neighboring properties go to CP/GCP the landscape requirement 
would go away. 
 
Mr. Lopez-Biggs asked about the users looking at the space. Mr. Locher said all the 
interests were coming from A-1 users. 
 
Mr. Diepholz said General Plan designation did not take into consideration TSMC since 
it was completed approximately 10 years ago. And the outlook for the area changed in 
the last several years. 
 
PUBLIC COMMENT 
 
None. 
 
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION DISCUSSION, AND VOTE 
 
MOTION 
 
Trilese DiLeo motioned to recommend approval of Z-26-23-1 subject to the 
stipulations, with a deletion of Stipulation No. 2 regarding a minimum 5-foot landscape 
setback on the north and west sides of the property. Braden Lopez-Biggs seconded 
the motion. 
 
VOTE: 
 
9-0, motion to recommend approval of Z-26-23-1 subject to the stipulations, with a 
deletion of Stipulation No. 2 regarding a minimum 5-foot landscape setback on the north

Deer Valley Village Planning Committee 
Meeting Summary 
Z-26-23-1 
December 14, 2023 
Page 4 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
and west sides passes with Committee Members DiLeo, Field, Freeman, Greenberg, 
Herber, Lopez-Biggs, Novak, Romero, and Grossman in favor. 
 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
No comment.