Attachment D - Routing Packet - PHO-4-21_Z-137-86-7(4).pdf
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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)
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.
* * *
-·------- -----