Attachment C - VPC Summary - Z-27-23-1.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-27-23-1
Date of VPC Meeting 
August 10, 2023 
Request From 
IND. PK. DVAO 
Request To 
C-3 DVAO
Proposal 
Electric vehicle sales and repair
Location 
Southwest corner of 19th Avenue and Quail Avenue
VPC Recommendation 
Approval per the staff recommendation with removal of 
Stipulation Nos. 5 and 6. 
VPC Vote 
11-1 
One member of the public registered to speak on this item, in opposition. 
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. 
Bill Lally with Tiffany and Bosco said the property was built in 1980 and owned by the 
current owner for about 30 years. Mr. Lally added that for many years it housed different 
industrial users and most recently it was a call center. Mr. Lally said the proposal was 
mainly for a center for new car pickup with very limited follow-up services. Mr. Lally 
added it was such a low intense use with about 50 employees at its maximum and when 
it was a call center it had 500 employees and today it is a vacant building. Mr. Lally said 
this would be for visitors with appointments and the facility would stay exactly the same. 
Mr. Lally stated his dislike for Stipulations Nos. 5 and 6 and said the previous users 
existed with drive aisles in this same configuration and did not feel the drive aisles were 
problematic. Mr. Lally stated this would repurpose an old vacant building and bring high 
paying jobs and was not like other car dealerships with their intensity of use parking 
lights, full-service auto repair, etc. Mr. Lally stated he believed the use would attract 
other attractive users in the industrial park. 
Mr. Lally introduced Dhwani Dave with Tesla Inc. who could help answer questions. 
ATTACHMENT C

Deer Valley Village Planning Committee 
Meeting Summary 
Z-27-23-1 
August 10, 2023 
Page 2 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Mr. Lopez-Biggs stated he felt this proposal was in line with the 2022 Transportation 
Electrification Action Plan and seemed to be something wanted by the City. 
 
James Sutphen said that there was a concern with Teslas at the Glendale Dealership 
which had lots of overflow parking around the surrounding businesses. 
 
Gregory Freeman asked what light maintenance was on a Tesla. Ms. Dave responded 
there was no combustion engine, no oil change, no fuel tank and it would be more just 
software updates like with smart phones, and tire replacement and balancing, etc.  
 
Mr. Freeman asked about traffic projected. Mr. Lally said they would only operate on 
an appointment basis. 
 
Ms. DiLeo asked why the applicant was opposed to Stipulation Nos. 5 and 6. Mr. Lally 
explained that for 40 years the driveways worked okay and there were no massive 
problems with accidents reported, and he did not see valid reason to cut off access on 
19th Avenue and he said the traffic study will not really capture what is on the site. Ms. 
DiLeo said there may be significantly more traffic along 19th Avenue and would support 
doing the study. 
 
Mr. Lally said the landowner would lease the facility to Tesla. Mr. Lally said that 
possibly the stipulation may prevent the applicant from moving forward. 
 
Ms. Dave said the site plan is presented as is and is not conceptual. 
 
Mr. Romero reminded the committee that this would be by appointment only. 
 
Mr. Lopez-Biggs said to have these guys remove the driveway seems like an undue 
burden and felt the burden for the traffic study should be what the city bears rather than 
the applicant. 
 
Mr. Moric said when the property gets rezoned they could ask for these stipulations. 
 
Mr. Lally explained that no one came for the neighborhood meeting, he explained the 
mailing was sent to the entity per County Records. Mr. Lally said there often is an issue 
with mailings and stated he abided by the legal requirements of notices. 
 
PUBLIC COMMENTS 
Ray Katko, owner and user of 1930 W. Quail Avenue located directly north of the 
subject property expressed strong opposition to the rezoning to C-3 to allow electric 
vehicle sales and repair. Mr. Katko mentioned his views and concerns were echoed by 
two owners and users in the area and identified Scott Frank at 2019 W. Quail Avenue 
and Charles Eckman at 1960 W. Quail Avenue. Mr. Katko explained there were waves 
of Tesla cars mobilized to the site and argued that proper and standard notification

Deer Valley Village Planning Committee 
Meeting Summary 
Z-27-23-1 
August 10, 2023 
Page 3 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
process was never maintained. Mr. Katko said activities had been increased even in the 
building.  
 
Mr. Katko said he reached out to the Aztec Business Park and the CC&R’s say auto 
sales and repair businesses are not allowed. Mr. Katko also said the architectural 
control committee of the business park denied the sale and repair request. Mr. Katko 
added that that there was a traffic concern on Quail Avenue which is a two lane street 
and not designed for heavy traffic and concern with electric vehicles fires and its 
impacts to the neighborhood. Mr. Katko added that there were security concerns and 
possibly battery disposal and body repair and noted this was one of the nicest business 
parks in Deer Valley and he did not want to make a decision today. Mr. Katko stated 
other members’ voices need to be heard. Mr. Katko said the building could be leased 
out to a warehouse versus a car company. 
 
Ms. DiLeo asked if the HOA was a business - HOA. Mr. Katko said it included 22 
members of businesses which were governed by Aztec Business Park. 
 
Mr. Lally said he looked at the Commercial Association and said they wrote in CC&R’s 
in the 1980’s and initially they said no to the automotive sales business and stated this 
is not the same auto use as would have been in the 1980’s. Mr. Lally described this 
Tesla auto sales as being a little different. Mr. Lally said they would not do battery 
repairs, collision work or painting. Mr. Lally said this proposal will not downgrade any 
properties. Mr. Lally said electric cars are coming and not every electric car will catch on 
fire and explained they make jet engines across the street. Mr. Lally said this would be 
an improvement to the area which they’d make better. Mr. Lally added there were over 
500 employees before as a call center who worked around the clock. Mr. Lally said 
they’d like to keep the traffic on 19th Avenue versus Quail Avenue. Mr. Lally added that 
the site was used for overflow parking for the Glendale Tesla site which was an 
allowable use, they met the notice requirements, and they made some repairs to the 
interior due to a break-in. 
 
Ms. Dave said that this was not a Tesla collision center and this would only be for 
customers with small light services. 
 
Chair Grossman asked if they are selling cars at the location. Mr. Lally replied 
customers can walk in look at a car and buy it online.  
 
Mr. Freeman asked about the business-HOA. Mr. Lally said they needed to set up a 
follow-up meeting with the business-HOA and it is a separate process to the rezoning 
case. 
 
Ms. DiLeo asked how the applicant would proceed if they did not reach an agreement 
with the business-HOA. Mr. Lally said they would have to deal with it. 
 
Mr. Lally said they met or exceeded every development standard.

Deer Valley Village Planning Committee 
Meeting Summary 
Z-27-23-1 
August 10, 2023 
Page 4 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
Ms. DiLeo wondered if there was a chance to bypass the HOA. Ms. DiLeo indicated it 
was important to complete the traffic study. 
 
MOTION: 
Committee Member Braden Lopez-Biggs made a motion to recommend approval of 
Z-27-23-1 per the staff recommendation with removal of Stipulation Nos. 5 and 6. Vice 
Chair Matthew Kenney seconded the motion. 
 
VOTE: 
11-1, motion to recommend approval of Z-27-23-1 per the staff recommendation with 
removal of Stipulation Nos. 5 and 6 passes with Committee Members Davenport, 
Freeman, Greenberg, Hoffman, Lopez-Biggs, Novak, Romero, Sutphen, Virgil, Vice 
Chair Kenney and Chair Grossman in favor. Committee Member DiLeo in opposition. 
 
VPC RECOMMENDED STIPULATIONS: 
 
1. 
The development shall be in general conformance with the elevations date 
stamped May 4, 2023, as modified by the following stipulations and approved by 
the Planning and Development Department.   
 
 
2. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other pavement 
treatments that visually contrast parking and drive aisle surfaces, as approved by 
the Planning and Development Department. 
 
 
3. 
A minimum of 5% of the required parking spaces shall include Electric Vehicle 
(EV) Installed infrastructure, as approved by the Planning and Development 
Department. 
 
 
4. 
All nonresidential uses over 5,000 square feet floor area shall provide one bicycle 
parking space per 25 vehicle parking spaces, with a maximum of 25 spaces. 
Bicycle parking shall be provided through Inverted U and/or artistic racks located 
near the front office and installed per the requirements of Section 1307.H. of the 
Phoenix Zoning Ordinance, as approved by the Planning and Development 
Department. Artistic racks shall adhere to the City of Phoenix Preferred Designs in 
Appendix K of the Comprehensive Bicycle Master Plan. 
 
 
5. 
The existing northernmost access point on 19th Avenue shall be removed. 
 
 
6. 
A Traffic Impact Study shall be submitted.  No preliminary approval of plans shall 
be granted until the study is reviewed and approved by the City. Study shall 
include an analysis of the existing and proposed driveways turning movements 
and potential conflicts with opposing driveways along 19th Avenue.  Once 
approved, the development shall comply with the findings of the Traffic Impact

Deer Valley Village Planning Committee 
Meeting Summary 
Z-27-23-1 
August 10, 2023 
Page 5 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Study regarding access control, as approved by the Street Transportation 
Department. 
 
 
7 5. 
Existing streetscape beginning at back of curb shall be replenished with the 
approved landscaping and ground cover along 19th Avenue and Quail Avenue, as 
approved by the Planning and Development Department. 
 
 
8 6. 
All streets within and adjacent to the development shall be constructed 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. 
 
 
9 7. 
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. 
 
 
10 
8. 
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. 
 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION AND STIPULATIONS: 
 
Staff recommends the retention of Stipulation Nos. 5 and 6, which were requested by 
the Street Transportation Department. 
 
Regarding Stipulation No. 5, the Street Transportation Department notes that the 
northern driveway is within 50 feet of the intersection of Quail Ave, significantly below 
the minimum 300-foot separation required by the City Council approved Street Planning 
and Design Guidelines. The current placement introduces undesired left turn conflicts, 
that through redevelopment and rezoning requests, the Street Transportation 
Department has focused on bringing up to current standards. Correcting driveway 
placement per the adopted design guidelines is also in line with the City Council 
adopted Complete Streets Ordinance, Active Transportation and Vision Zero to mitigate 
pedestrian/bike and vehicular conflicts. 
 
Regarding Stipulation No. 6, the Street Transportation Department notes that the 
southern driveway on 19th Avenue does not align with the existing Honeywell facility 
main access driveway on the east side of the street.  The current driveway placement is 
below the minimum 300-feet separation required by the City Council approved Street 
Planning and Design Guidelines and introduces undesired left turn conflicts.  Therefore, 
the Street Transportation Department is requesting the applicant provide an analysis of

Deer Valley Village Planning Committee 
Meeting Summary 
Z-27-23-1 
August 10, 2023 
Page 6 
 
 
 
City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
the existing turn conflicts to mitigate the issue. Through redevelopment and rezoning 
requests, the Street Transportation Department has focused on bringing access control 
up to current standards. Correcting driveway placement/mitigation per the design 
guidelines is also in line with City Council adopted Complete Streets Ordinance, Active 
Transportation and Vision Zero policies.