Attachment C - Routing Packet - PHO-2-21--Z-SP-37-85-2.pdf

PLEASE RESPOND ELECTRONICALLY TO BRAD WYLAM 2ND FLOOR, 602-256-3322 
To: 
Departments Concerned 
Date: May 13, 2021 
From: 
Alan Stephenson 
Planning & Development Department Director 
Subject:   P.H.O. APPLICATION NO. PHO-2-21--Z-SP-37-85-2 – Notice of Pending Actions  
 by the Planning Hearing Officer 
1.
Your attention is called to the fact that the Planning Hearing Officer will
consider the following case at a public hearing on June 16, 2021.
2.
Information about this case is available for review at the Zoning Counter in
the Planning and Development Department on the 2nd Floor of Phoenix City
Hall, telephone 602-262-7131, Option 6.
3.
Staff, please indicate your comments and respond electronically to
pdd.pho@phoenix.gov or you may provide hard copies at the Zoning Counter
in the Planning and Development Department on the second floor of Phoenix
City Hall by May 20, 2021.
DISTRIBUTION
Mayor’s Office (Lisa Fernandez), 11th Floor 
City Council (Matthew Heil), 11th Floor 
Aviation (Sheldon Daisley)
CED (Michelle Pierson), 20th Floor 
Fire Prevention (Aaron Conway), 2nd Floor
Light Rail (Joel Carrasco/Special TOD Only)   
Neighborhood Services (Gregory Gonzales, Lisa Huggins), 4th Floor 
Parks & Recreation (Natasha Hughes), 16th Floor 
Public Transit (Kathryn Boris)
Public Works (Ray Dovalina, Kristina Jensen, Elise Moore, Rudy Rangel), 5th Floor 
Street Transportation Department (Maja Brkovic, Alan Hilty, Chris Kowalsky), 5th Floor 
Street Transportation - Ped. Safety Coordinator (Mailen Pankiewicz), 5th Floor 
Water Services (Don Reynolds, Victor Romo), 8th Floor
Planning and Development (Alan Stephenson, Joshua Bednarek), 3rd Floor 
Planning and Development/Information Services (Ben Ernyei, Andrew Wickhorst), 4th 
Floor
Planning and Development/Historic Preservation Office (Kevin Weight), 3rd Floor 
Planning Hearing Officer (Tricia Gomes, Adam Stranieri, Brad Wylam), 2nd Floor 
Village Planner (David Simmons, Deer Valley Village) 
Village Planning Committee Chair (Joseph A. Grossman, Deer Valley Village)
Attachment C

200 W Washington Street, 2nd Floor * Phoenix, Arizona 85003 * Tel: (602) 262-7131 * Fax: (602) 495-3793
APPLICATION FOR PLANNING HEARING OFFICER ACTION
APPLICATION NO: PHO-2-21--Z-SP-37-85-2
Council District: 2       
Request For: 
Stipulation Modification
  Reason for Request:   Deletion of Stipulation 1 prohibiting a body or paint shop.   Modification of Stipulation 3 regarding days
and hours of service.  
  
Owner
Applicant
Representative
Tom Hiller, Chapman Bell Road, LLC
Ed Bull, Burch & Cracchiolo, PA
Ed Bull, Burch & Cracchiolo, PA
2418 East Virgo Place
1850 North Central Avenue, Suite 1700
1850 North Central Avenue, Suite 1700
Chandler AZ 85249
Phoenix AZ 85004
Phoenix AZ 85004
(520) 631-2811
(602) 234-9913
P: (602) 234-9913  F: 
tomhiller@chapmanchoice.com
ebull@bcattorneys.com
ebull@bcattorneys.com
 Property Location: Approximately 248 feet east of the northeast corner of 15th Avenue and Bell Road
Zoning Map: M-8
Quarter Section: 37-26
APN: 208-19-032X
Acreage: 4.83
Village: Deer Valley  
Last Hearing: CC RATIFICATION
Previous Opposition: 
Date of Original City Council Action: 10/16/1985 
Previous PHO Actions: 06/11/1986
Zoning Vested: C-2 SP
Supplemental Map No.: 799
Planning Staff: 076885    
 An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized
substantive policy statement. To request clarification or to obtain further information on the application process and applicable
review time frames, please call 602-262-7131 (option 6), email zoning.mailbox@phoenix.gov or visit our website at
http://phoenix.gov/pdd/licensetimes.html.
A Filing Fee had been paid to the City Treasurer to cover the cost of processing this application. The fee will be retained to cover
the cost whether or not the request is granted
 
Fee 
Fee Waived
Fee Date
Receipt
Purpose
$1,080.00
$0.00
04/30/2021
21-0038724
Original Filing Fee
Signature of Applicant: _____________________________________________________         DATE: ___________________
 
Hearing Results
Planning Hearing Officer
Planning Commission
City Council
Date: 06/16/2021 1000 AM
Date:
Date:
Appealed?:
Appealed?:
Action:
Action:
Action:

CHAPMAN – NEC 15th AVENUE AND BELL ROAD 
PROPOSED MODIFICATIONS OF STIPULATIONS FROM SPECIAL PERMIT Z-SP-37-85 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5/6/2021 
Existing 1985 Stipulations  
Proposed 2021 Stipulations 
(changes are in bold and underlined) 
Description/Explanation  
1. That no body or paint shop be 
developed on the subject property. 
1. That no body or paint shop be 
developed on the subject property. 
Delete as Section 647(A)(2)(e)(1) of the 
Zoning Ordinance allows body repair and 
painting to occur at automobile retail 
sales facilities located on sites zoned C-2 
if the repairs and painting are confined to 
a closed building.  The body repair and 
painting will be an accessory use rather 
than the primary use of the Site.  There 
will be no negative impact on the 
surrounding community or area residents 
because the facility will be enclosed and 
there are buffers between the facility and 
the nearest multi-family residential 
property.  Deletion of Stipulation 1 is 
appropriate for an automobile retailer 
located along a major arterial street in a 
C-2 district.    
3.   That service only take place Monday 
through Friday, between the hours of 
8:00 am and 5:00 pm. 
3. That service only take place Monday 
through Friday, between the hours of 8:00 
am and 5:00 pm 7:30 am and 5:30 pm. 
Modify as an additional thirty minutes 
before and after the original hours will 
benefit employees and customers by 
allowing more flexibility.  There will be no 
negative impact on the surrounding 
community or area residents because the 
facility will be enclosed and there are

buffers between the facility and the 
nearest multi-family residential 
properties.  Moreover, the body and 
paint shop will not be the primary use on 
the Site.  Consequently, it will not 
generate an unreasonable increase in 
traffic or noise.  Proposed Stipulation 3, 
modified service hours are appropriate 
for a business located along a major 
arterial street in a C-2 district.

...... 
N_ovember- 1, 1985 
Mr. Marθin T. Jones 
}02· East Osl:>orn Ro_ad 
Phoenix, AZ 85014 
Dear Mr. Jones: 
City,ol Phoenix 
City Clerk.D_epCll"lmenl 
RE: 
·Special Permit· 37-85 
--- ---
The Phoιnix City Council_,. at 
i_ts meeting held October 1'6, 
1985, considered· 
your 
request on ·behalf of Toj:>az:...Tossey, 
Inc. 
for κ 
s_pecial permit 
for auto 
!;:1Sles an·d leasing on a ,parcel surrounding λ'!le not.t_heas·t corner of :15th· Averibe· 
and Bell Road (μ.7 acrjs). 
The City Counc·H approved Special Pennit .37-85 subject to t!tipuladons: 
l_. 
That no body or paint shop b_e developed on the subj_ect proper:ty. 
2.
That the service facility be enclosed.
J.
That se_rvice only take plac;e t,fonday throνgn Fr.idξy ,. οetwπen 'the. hours of
8 : 06 -am and 5 : 00 P.!1•
',.# 
4.
That there be no outside sound systems, paging, or playing of mus_ic.
5.
Tha_t a ii outdoor lighting be done subject to the lightiTlg ρl'an submitted
to the ςit_y •.
6.
J;)eve-iopment 
to .be 
in 
substantial 
complcianc_e 
with 
the 
si:te 
plan 
and
renderings. s"'bmitted to tfi:e City and: pre_senσed to tl}e City CounciT. 
τ
7.
That 
a 
one-foot 
vehicular 
non-·acc_ess 
easement 
be 
pl_aced 
along 
the
property at 15th Avenue.
8.
That a six-foot mυsonry wall be built along the. north and east property
boundary.
9.
In the event that .any pori;ion of the roof of any structure "i's less than
18 feφt• aboχe Jrade, the ψuyer aωϊees to utilize mission tilϋ roofingό

N 11TH AVE
PRIVATE
N 15TH AVE
W BELL RD
W DANBURY RD
W TURF
PARADISE RD
PRIVATE DR
Maricopa County Assessor's Office
Planning & Development Department
PHO-2-21--Z-SP-37-85-2 Property Location: Approximately 248 feet east of the northeast corner of
15th Avenue and Bell Road
0
120
240
60
Feet ´

N 11TH AVE
PRIVATE
N 15TH AVE
W BELL RD
W DANBURY RD
W TURF
PARADISE RD
PRIVATE DR
S-1
C-3 SP*
C-2 SP*
C-2 SP*
C-1
C-1
C-2
C-2 SP*
R-4A
R1-6
Planning & Development Department
PHO-2-21--Z-SP-37-85-2 Property Location: Approximately 248 feet east of the northeast corner of
15th Avenue and Bell Road
0
120
240
60
Feet ´

FOUND & ACCEPTED
1/2" REBAR - NO I.D.
AFFIXED CAP LS 37172
APN 208-19-032T
UNSUBDIVIDED
APN 208-19-032T
UNSUBDIVIDED
UNSUBDIVIDED
APN 208-19-032K
NOT A PART
UNSUBDIVIDED
APN 208-19-032H
NOT A PART
100.00'(M,R&R1)
N89°44'57"E(R)  
N00°15'11"W(M)           208.70'(R&M)
N00°15'03"W(R)
S89°40'00"W  208.70'  (R&M)
N00°15'03"W(R) 
N00°15'11"W(M)
15TH AVENUE
BELL ROAD
BODY SHOP
10,318 S.F.
S00°20'02"E(R&M)  266.49'(M)
267.06'(R)
S88°57'26"E  688.05'  (R&M)
N89°44'49"E(M)  
S89°40'00"W  579.56' (R&M)
40'-0"
R/W
20'-9"
F.C.
55'-0"
RW
96'-8"
69'-8"
65'-4"
45'-1"
F/C
ZONED C-1
ZONED C-2
ZONED R4-A
ZONED R4-A
EXISTING
REFUSE ENCLOSURE
PARTS
4,430 S.F.
EXISTING
CAR SALES
12,663 S.F.
EXISTING
COVERED
CAR DISPLAY
FOUND & ACCEPTED
1/2" REBAR - NO I.D.
AFFIXED CAP LS 37172
EXISTING
DRIVEWAY
EXISTING
DRIVEWAY
EXISTING
DRIVEWAY
VACANT
LAND
178'-8"
SHEET NO.:
DATE:
REVISIONS:
JOB NO.
DRAWN BY:
BARRY R. BARCUS ARCHITECT, INC.
5333 NORTH 7TH STREET, SUITE B-320
PHOENIX, AZ. 85014
PHONE: (602) 264-4341  FAX: 264-2542
No.
Description
Date
These designs, drawings, ideas &
specifications are the exclusive property of
Barry R. Barcus Inc. No part of these
drawings can be copied, reproduced or
other structure built from such without
written consent from Barry R. Barcus Inc.
© BARRY R. BARCUS INC.
ALL RIGHTS RESERVED
18894
BARCUS
BARRY R. 
R
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PROPOSED CHAPMAN BODYSHOP
1234 W. BELL ROAD
PHOENIX, ARIZONA 85023
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 4 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31;
THENCE NORTH 00 DEGREES 15 MINUTES 03 SECONDS WEST, A
DISTANCE OF 338.79 FEET ALONG THE NORTH-SOUTH MID-SECTION
LINE OF SECTION 31 (BASED ON A BEARING OF NORTH 89 DEGREES 40
MINUTES 00 SECONDS EAST FOR THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 31 ACCORDING TO THE PLAT OF DEER VALLEY
ESTATES, ACCORDING TO BOOK 74 OF MAPS, PAGE 6, RECORDS OF
MARICOPA COUNTY, ARIZONA;
THENCE NORTH 89 DEGREES 44 MINUTES 57 SECONDS EAST, A
DISTANCE OF 40.00 FEET TO THE SOUTHWEST CORNER OF TURF VIEW
MANOR UNIT FOUR, ACCORDING TO BOOK 132 OF MAPS, PAGE 42,
RECORDS OF MARICOPA COUNTY, ARIZONA AND THE POINT OF
BEGINNING;
THENCE NORTH 89 DEGREES 44 MINUTES 57 SECONDS EAST, A
DISTANCE OF 100.00 FEET ALONG THE SOUTH LINE OF SAID TURF
VIEW MANOR UNIT FOUR;
THENCE SOUTH 88 DEGREES 57 MINUTES 26 SECONDS EAST, A
DISTANCE OF 688.05 FEET;
THENCE SOUTH 00 DEGREES 20 MINUTES 02 SECONDS EAST, A
DISTANCE OF 267.06 FEET;
THENCE SOUTH 89 DEGREES 40 MINUTES 00 SECONDS WEST, A
DISTANCE OF 579.56 FEET ALONG A LINE PARALLEL WITH AND 55 FEET
NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 31;
THENCE NORTH 00 DEGREES 15 MINUTES 03 SECONDS WEST, A
DISTANCE OF 208.70 FEET ALONG THE EAST LINE OF THAT PARCEL
DESCRIBED IN DOCKET 13142 AT PAGE 1035, RECORDS OF MARICOPA
COUNTY, ARIZONA;
THENCE SOUTH 89 DEGREES 40 MINUTES 00 SECONDS WEST, A
DISTANCE OF 208.70 FEET ALONG THE NORTH LINE OF SAID PARCEL;
THENCE NORTH 00 DEGREES 15 MINUTES 03 SECONDS WEST, A
DISTANCE OF 75.03 FEET ALONG A LINE PARALLEL WITH AND 40 FEET
EAST OF THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 31
TO THE POINT OF BEGINNING.
FIRE LANE
FIRE LANE
ZONING: C-2, SP
SITE AREA: GROSS AREA: 208,413 S.F. (4.78 ACRES)
NET AREA: 173,798 S.F. (3.98 ACRES)
LOT COVERAGE: 23,427 / 173,798= 13.5%
LANDSCAPE COVERAGE: REQUIRED: 52,000 x 10% = 5,200 S.F. (10% OF
          NEW PARKING)
          PROVIDED: 7,223 S.F.
PROJECT DATA
T.4N., R.3E., G.&S.R.B.& M.
SECTION 31
GROVERS           AVENUE
7TH AVENUE
15TH
AVENUE
19TH AVENUE
BELL ROAD
UNION HILLS DRIVE
31
MARICOPA COUNTY, ARIZONA
VICINITY  MAP
SITE
FOUND CITY OF PHOENIX
BRASS CAP IN HAND HOLE
SOUTH 1 4 CORNER,
SEC. 31, T.4N, R 3E
SCALE
SITE PLAN
1" = 40'-0"
40
0
80
120
160
PROJECT HISTORY
ZONING HISTORY #'S: C-2 SP, SP 37-85 & Z-339-83
ORIGINAL APPROVED SITE PLAN: P85222
LEGAL DESCRIPTION
4
6
12
9
4
10
10
10
10
8
12
42
6
8
12
PARKING CALCULATIONS:
1 SPACE PER 300 S.F. INTERIOR SALES & OFFICE SPACE:
10,426 S.F. / 300 = 35 SPACES
1 SPACE PER 3 EMPLOYEES:
30 EMPLOYEES / 3  = 10 SPACES
1 SPACE PER EACH SERVICE BAY:
14 SERVICE BAYS  = 14 SPACES
2 SPACE PER 1st 10,000 S.F DISPLAY AREA + 1 SPACE PER ADDITIONAL
10,000 S.F. DISPLAY AREA:
DISPLAY AREA 39,531  = 5 SPACES
TOTAL PARKING REQUIRED: 64 SP.
TOTAL PARKING PROVIDED: 66 SP.
3 H.C. ACCESSIBLE SP. REQUIRED
3 H.C. ACCESSIBLE SP. PROVIDED
CUSTOMER
PARKING
CUSTOMER
PARKING
CUSTOMER
PARKING
DISPLAY
PARKING
DISPLAY
PARKING
DISPLAY
PARKING
DISPLAY
PARKING
DISPLAY
PARKING
DISPLAY
PARKING
DISPLAY
PARKING
SERVICE
PARKING
SERVICE
PARKING
SERVICE
PARKING
SERVICE
PARKING
EMPLOYEE
PARKING
PARKING CALCULATIONS
OWNER:
CHAPMAN AUTOMOTIVE GROUP
7455 W. ORCHID LN.
CHANDLER, ARIZONA 85226
CONTACT: DAVE BOWER
PH: (480)970-0740
PROJECT NARRATIVE
PROVIDE A BODYSHOP WITHIN EXISTING FULLY ENCLOSED BUILDING
2019
JM
3-2-21
AS1.00
 (3-2-21)
3-2-21
7
5
FIRE LANE
KIVA# 07-598 A1
Q.S.# 37-26
AMND 07-598A1
Z-339-83
SP 37-85
PHO-2-21--Z-SP-37-85-2
Proposed Site Plan
Hearing Date: June 16, 2021

• 
• 
/98'5 
.ITEM l
-
OISTͯ -ICT 2 -
Ͱ 
, _
; _
·
MARTIN T. JONES
·-.........
1 
,, 
-
. , 
. 
" 
_;speͱial PͲrmJJ: 37_-_85 -
Appealed by Applicant - Request 
of Mifrt1n T. Jones,- on behalf of Topaz-Tossey, Inc., for a
special 
permit .for 
auto 
sales 
and 
leasing 
on 
a 
parcel 
surrounding 
the northeast corner of 15th Avenue and Bell 
Road ('4. 7 acres) • 
( Zoned C-2) 
p·1anning 
Commission 
recommended, 
3-2 
vote, 
that 
the 
application be denied. 
Mr. Counts said car sales conflicted with Deer Valley 
village plan clustering of such uses further west between 
19th Avenue and the freeway; 
test driving where curb cuts 
impeded traffic turns onto Bell Road was not recommended. 
Mr. Marty Jones, 70ͳ East Osborn, represented the owner 
and potential Honda. tranchiser, 
contin9ent::, upon a special 
usʹ permit for the closest a͵ailable location to the sug­
gested 
cluiiering. 
Cduncil 
had 
approved 
much 
lͶrger 
dealerships at 14th Street and Bell, 
and 17th Avenue and 
Bell. 
The 
si'te 
plan 
included 
stipulations 
part 
of 
C-2 
shopping 
center 
!'.'ezoning ͷ 
and 
offered 
better 
land 
use, 
less' tiaf f ic, 
and the 
same 
resident ia 1 
pro tee tion. 
The 
dealership owned the property encirciing Circle K over to 
15th Avenue if the need ever arose fot additfonal park{ng-. 
Mr. 
Pell believed the initial intent to maintain auto ' 
dealer.ships in a small a-rea had proven d-iff icult, 
if not , 
impossible. 
The 
land 
was 
unavailable, 
and_ a policy 
of 
1 permanent exclusion was 
infeasible. 
This ,dealership 
was 
1 more 
traffic-compatible 
than 
a 
shopping 
center 
or 
other
I S:<?_ffi.!tle.r:cJ.a͸ use,_.

-
-
-
, 
- -
-- 

Noting SЧottsdale's avoid-nee 9£ disШerseЩ auto sales,
·
•
Korrtck felt staf-f and comm-ittee recommendation
_
s' shqu1d 
· heeded, and that 'two' special permit approvals should not
I be used as precedЪnts for a -third mistake. 
Mr. Starr be-
, lieyed 
approvals __ were appropriate 
a_nd 
not mistakes, 
and 
thaЫ 
the attractive 
Sc_9ttsda'1e 
dealersh-ip O\o?ned 
by 
th is 
, gentleman would be emulated on Bell Ro_ad .. 
Discussion concerned six stipulations submitted by the 
applicant. 
Mr. 
Starr noted the· stipulated site plan in­
cluded 
substantial 
landscaping 
on 
frontages. 
Ьr. 
Jones 
said· tl)ese were 24 n 
box trees, 
10' on center, and agreed 
to abide by eight additional stipulations of previous C-2 
rezoning. 
MOTION was 
made 
that 
Special 
Permit 
lations: 
by Mr. 
Pell, 
SECONDED by Mr. 
Adams·; 
37-85 
be 
approv·ea 
subject 
to 
stipu.-
1.
That no body or paiЭt shop be devЮloped on the subject.
property.
2.
That the service facility be enclosed.
3.
That 
service 
only 
take place 
Monday 
through 
Friday,
between the hours of 8:00 am and 5:00 pm.
4.
That 
there 
be 
no 
outside 
sound 
systems, 
paging, 
or
playing of music.
5.
That 
all 
outdoor 
lighting 
be 
done 
subject 
to 
the
1 ighting plan submitted to the City-.
6.
Development to be in substantial compliance with
sitЯ 
plan 
and 
rer,derings 
submitted 
to 
the 
City 
presented to the City Council. 
the 
and 
7.
That 
a 
one-foot 
vehicular 
non-access 
easement 
be
placed along the property at 15th Avenue.
8. 
I 
9. 
That a six-foot masonry wall be built aаong the north
and east property boundary.
In 
the 
event 
that 
any 
portion 
of 
the 
roof 
of 
any
structll.re is less than 18 feet aboye grade•, the buyer
agrees to utilize mission tile roofing.
-
11-0. That all loading areas and trash container ateas will
be screened ,by a six-foot mason-ry screen. 
--
 
r•• 
-•-•-r

•·
• 
--
- ---- · .
11.
All 
deliveries 
will 
be 
mÌde 
during -normal 
working
hours.
12.
Landscaping to include 24" box trees, 10' on center,
on the notth and east sidÍs.
13. That 
the nor th and east 
faces 
of a·11 
buildings 
bÎ
stucco.
14. rhat there be a 10' iandscaping s,t-rtp on ·sell Road.
MQTION CARRIED UNANIMOUSLY.
____ J 
3

/ 
---f I 
I I 
C. C.
DISTRICT 2 
MART.IN T. JONES 
H.
Special Permit Ā7ā85 - To be continued by City Council
to October 16, '1985 -
Reauest of Martin T. Jones, on
behalf of Topaz-Tassey, Inc., for a speciĂl permit for
auto sales and 
leasing on a parcel surroundinq the
northeast-
corner of 
15,th Avenue and Bell Road 
(4. 7
acres). 
(Zoned C-2)

Planning Commission Minutes

e 
August 28_, f985 
There oeing no further discussion, Chairman s·ookbinder called for a vote and 
the: MOTION FAILED. three to two, with Messrs. Rivera, Ker.rick .and Bookbinder in 
·opposition.
Chairman Bookbinder called for another motion. 
Mr. Rivera made the MOTION that Special Permit No. 37-'85 he fotviarded to "the. 
City Co1,.1,ncil with a recommend.at ion for, denial for the reasons previously stated. 
·MrǦ Kerrick SECONDED the motion;
There befog no further; diikussion, Chalrman BooRoinder ca lied for a vote· and
the MOTION PASSED three to two with Mess.rs, Turner and Cox in. opposition.
* * *
-·------- -----