Attachment B - PHO Summary - PHO-2-21--Z-SP-37-85-2.pdf

REPORT OF PLANNING HEARING OFFICER ACTION 
Adam Stranieri, Planner III, Hearing Officer 
Bradley Wylam, Planner I, Assisting 
June 16, 2021 
ITEM NO: 1 
DISTRICT 2 
SUBJECT: 
Application #: 
PHO-2-21--Z-SP-37-85-2 
Location: 
Approximately 248 feet east of the northeast corner of 15th 
Avenue and Bell Road 
Existing Zoning:  C-2 SP 
Acreage: 
4.83 
Request: 
1) Deletion of Stipulation 1 prohibiting a body or paint shop.
2) Modification of Stipulation 3 regarding days and hours of
service.
Applicant: 
Ed Bull, Burch & Cracchiolo PA 
Owner: 
Tom Hiller, Chapman Bell Road LLC 
Representative: 
Ed Bull, Burch & Cracchiolo PA 
ACTIONS 
Planning Hearing Officer Recommendation: The Planning Hearing Officer 
recommended approval.  
Village Planning Committee (VPC) Recommendation: The Deer Valley Village 
Planning Committee opted not to hear this request. 
DISCUSSION 
Ali Bull, representative with Burch & Cracchiolo, gave an overview of the original 
special permit and land uses in the surrounding area. She stated that the special 
permit was originally approved for automobile sales and leasing. She provided an 
overview of the proposal which includes incorporating a body repair and paint 
shop into the existing building. Vehicles will enter the building from the west and 
exit from both the west and north sides of the building. She stated that the 
proposal will not impact the multifamily development to the north and noted there 
is 139 feet between the building and the nearest apartment building to the north 
which is further separated by a wall and parking lot. She stated that Stipulation 1 
prohibits a body repair or paint shop, however these uses are otherwise allowed 
as a component of the special permit if the use is conducted in a closed building. 
She noted that the body repair and paint shop will be an accessory use for the 
property. She requested that Stipulation 1 be deleted. She also requested a 
Attachment B

Planning Hearing Officer Summary of June 16, 2021 
Application PHO-2-21--Z-SP-37-85-2 
Page 2 
 
modification of Stipulation 3 to add an additional 30 minutes before and after the 
stipulated service hours of 8:00 a.m. – 5:00 p.m. 
 
Adam Stranieri, Planning Hearing Officer, asked for more information regarding 
the current use of the building area that is proposed to be redeveloped with the 
body repair and paint shop. Ed Bull, representative with Burch & Cracchiolo, 
stated that the current location is used for storage. He stated the eastern portion 
of the building is used to conduct automobile sales. Barry Barcus, with the 
applicant, stated that this area once contained a service department, break 
rooms, and service bays. Mr. Stranieri asked what the garage door on the north 
side of the building will be used for. Tom Hiller, property owner with Chapman 
Bell Road, stated that the north door will not be used as a service bay and that it 
is unclear whether that garage door would be retained. 
 
Mr. Stranieri stated that the special permit would typically allow for a body repair 
and paint shop within a closed building and that the proposed deletion would be 
consistent with the surrounding uses and special permit section of the Zoning 
Ordinance. He stated that the increased hours of service would allow customers 
to arrive before or after the typical work day and the hours still allow for some 
protection of the nearby residential developments as was intended by the original 
stipulation. 
 
FINDINGS 
 
1) The applicant’s request to delete Stipulation 1 prohibiting a body or paint 
shop is recommended for approval.  The Special Permit for automobile 
retail sales would otherwise support the body repair and painting land use 
as an accessory use if confined to a closed building.  The proposal is to 
conduct this use solely as an accessory use and in a closed building.  The 
proposal is compatible with existing development and the land use pattern 
in the surrounding area. 
 
2) The applicant’s request to modify Stipulation 2 to adjust hours of operation 
by one half-hour from 8:00 a.m. to 5:00 p.m., to 7:30 a.m. to 5:30 p.m., is 
recommended for approval.  The modification represents a modest 
variation from the original stipulation and is appropriate for a commercial 
use on a major arterial street.  The proposal is compatible with existing 
development and the land use pattern in the surrounding area. 
 
DECISION: The Planning Hearing Officer recommended approval.

Planning Hearing Officer Summary of June 16, 2021 
Application PHO-2-21--Z-SP-37-85-2 
Page 3 
 
STIPULATIONS 
 
1. 
That no body or paint shop be developed on the subject property. 
 
 
1. 
2. 
That The service facility SHALL be enclosed. 
 
 
2. 
3. 
That Service SHALL only take place Monday through Friday, between the 
hours of 7:30 A.M. AND 5:30 P.M. 8:00 am and 5:00 pm. 
 
 
3. 
4. 
That There SHALL be no outside sound systems, paging, or playing of 
music. 
 
 
4. 
5. 
That All outdoor lighting SHALL be done subject to the lighting plan 
submitted to the City. 
 
 
5. 
6. 
Development to be in substantial compliance with the site plan and 
renderings submitted to the City and presented to the City Council. 
 
 
6. 
7. 
That A one-foot vehicular non-access easement SHALL be placed along 
the property at 15th Avenue.  
 
 
7. 
8. 
That A six-foot masonry wall SHALL be built along the north and east 
property boundary. 
 
 
8. 
9. 
In the event that any portion of the roof of any structure is less than 18 
feet above grade, the buyer agrees to utilize mission tile roofing. 
 
 
9. 
10. 
That All loading areas and trash container areas will be screened by a six-
foot masonry screen. 
 
 
10. 
11. 
All deliveries will be made during normal working hours. 
 
 
11. 
12. 
Landscaping to include 24-inch box trees, 10 feet on center, on the north 
and east sides. 
 
 
12. 
13. 
That The north and east faces of all buildings SHALL be stucco. 
 
 
13. 
14. 
That There SHALL be a 10-foot landscaping strip on Bell Road.

Planning Hearing Officer Summary of June 16, 2021 
Application PHO-2-21--Z-SP-37-85-2 
Page 4 
 
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