PLEASE RESPOND ELECTRONICALLY TO JULIANNA PIERRE 2ND FLOOR, 602-262-4544

To: Departments Concerned Date: October 9, 2019 From: Alan Stephenson

Planning & Development Department Director

Subject: P.H.O. APPLICATION NO. Z-11-94-1 – 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 its meeting on November 20, 2019. 2. Information about this case is available for review at the Planning and Development

Department on the 2nd Floor of Phoenix City Hall, telephone 602-262-7131, Option 6. 3. Please indicate your course of action, sign and return copy of this notice to the City of

Phoenix Planning and Development Department, Zoning Division, 200 West Washington Street 2nd Floor, Phoenix, AZ 85003 by October 16, 2019.

Will arrange to review case file no later than Will resolve problems with the owner and contact you no later than We do not anticipate any problems in connection with the cases listed on this subject

notice. Signature Date DISTRIBUTION (Electronically): Mayor’s Office (Lisa Fernandez) - 11th Floor Council District Office (Penny Parrella) – 11th Floor Aviation (Randy Payne, Sheldon Daisley, Aviation Planning) – 2485 E. Buckeye Rd. Community & Economic Development (Eric Johnson) – 20th Floor Fire Prevention (Brent Allsopp) – 2nd Floor Finance Admin (Barry Page) – 251 W. Washington – 8th Floor Neighborhood Services (Gregory Gonzales) – 4th Floor Parks & Recreation (Natasha Hughes) – 16th Floor Public Transit (Kathryn Boris) – 302 N. 1st Ave., Ste 800 Public Transit/Light Rail Project (Samantha Keating/Special TOD Only) Public Works (Kristina Jensen, Roxanne Tapia, Ray Dovalina, Rudy Rangel) – 5th Floor Water Services (Don Reynolds) – 8th Floor Planning and Development (Alan Stephenson, Joshua Bednarek) – 3rd Floor Planning and Development/Information Services (Ben Ernyei) – 3rd Floor Planning and Development (Kevin Weight) – Historic Preservation Office – 3rd Floor Planning Hearing Officer (Tricia Gomes, Adam Stranieri) – 2nd Floor Village Planner (David Simmons, Deer Valley) Village Chair (Joseph Grossman, Deer Valley)

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-2-19--Z-11-94-1

Council District: 1 Request For: Stipulation Modification Reason for Request: Modification of Stipulation 1 regarding a 20 foot landscape setback along 23rd Avenue and parking plan. Deletion of Stipulation 2 regarding dedication of a 40-foot east half street for 23rd Avenue. Owner Applicant RepresentativeOOOC LLC/RMLM LLC/NTO LLC Victory Development Nathan Larson, Bowman Consulting2155 West Williams Road 8201 Preston Road, Suite 700 1295 West Washington Street, #108Phoenix AZ 85027 Dallas TX 75225 Tempe AZ 85281(480) 267-9978 (817) 797-7287 P: (480) 267-9978 F: (480) 629-8841DVTowing@aol.com tim.kraftson@vg-re.com nlarson@bowmancg.com Property Location: Approximately 460 feet south of the southeast corner of 23rd Avenue and Whispering Wind Drive

Zoning Map: O-7 Quarter Section: 46-24 APN: 210-05-007X Acreage: 2.44 Village: Deer Valley

Last Hearing: CC RATIFICATIONPrevious Opposition: No

Date of Original City Council Action: 02/02/1994 Previous PHO Actions: 08/30/2006

Zoning Vested: A-1 DVAO Supplemental Map No.: 1025 1029

Planning Staff: 076885 An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorizedsubstantive policy statement. To request clarification or to obtain further information on the application process and applicablereview time frames, please call 602-262-7131 (option 6), email zoning.mailbox@phoenix.gov or visit our website athttp://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 coverthe cost whether or not the request is granted Fee Fee Waived Fee Date Receipt Purpose$1,080.00 $0.00 10/04/2019 19-0088599 Original Filing Fee Signature of Applicant: _____________________________________________________ DATE: ___________________

Hearing Results Planning Hearing Officer Planning Commission City Council

Date: 11/20/2019 10 AM Date: Date:Appealed?: Appealed?:

Action: Action: Action:

Caliber Collision Z-11-94-17

Stipulation Modification Request

1 PHO Written Request.docx

The subject +/- 2.4 gross acre property (APN 213-05-007x) is located 500 feet south of the southeast corner of 23rd Avenue and Whispering Wind Drive. In 1994, under the referenced case, a larger 6.58 acre parcel of land was rezoned from S-1 to A-1. The zoning change was subject to stipulation to dedicate a 40’ half-street for 23rd Avenue, provide a 20’ landscaped setback from that right-of-way and provide for a parking plan to delineate paved areas for employees and customers related to the expected use of vehicle storage and salvage.

Currently, Caliber Collision, a nationwide leader on collision repair, is interested in redeveloping the subject property for one of their repair facilities. The zoning stipulations of Z-11-94-17, which were put in place over 25 years ago and tailored for the proposed use of vehicle storage and salvage, have been completed. The right-of-way for 23rd Avenue was dedicated as required and the 20’ landscape setback was installed and maintained. (It is assumed that the required parking plan was submitted and approved as also required.) In order to effectuate this redevelopment and enhancement of the property, we are asking for the stipulations to be modified.

Caliber Collision Z-11-94-17

Stipulation Modification Request

2 PHO Written Request.docx

Around 1999, following the rezoning to A-1, the subject property began being used for expansion of the adjacent vehicle storage and salvage operations. The 2003 aerial below illustrates the subject property and clearly shows the existence of 23rd Avenue and the required landscaping along that roadway pursuant to Z-11-94-17’s stipulations of approval.

2003

Caliber Collision Z-11-94-17

Stipulation Modification Request

3 PHO Written Request.docx

As operations for vehicle salvage and storage retreated in the area north of Deer Valley Airport, the subject property continued to be utilized for A-1 uses of open storage of vehicles and materials. The below aerial photos continue to illustrate the evolution of the subject property as well as the continued compliance with the stipulated 40’ right-of-way half-street for 23rd Avenue and the 20’ landscape setback.

2012 2019

2006 2009

Caliber Collision Z-11-94-17

Stipulation Modification Request

1 PHO Written Request.docx

The aforementioned stipulations from 1994 are no longer relevant to Caliber Collison and their site layout. As such, we have applied to modify the stipulations to suit this new use. The City has indicated that the 40’ right-of-way dedicated years ago is not adequate and has requested with the redevelopment of the property that a total of 55’ right-of-way be provided. This additional 15’ of right-of-way offsets the original 20’ landscape setback which has been reduced in the included site plan to 11’ given the change in site layout and use. The proposed 11’ landscape setback still exceeds the minimum landscape setback requirements of the A-1 zoning, which would typically be 8’.

Legislative Edit of Z-11-94-17 Stipulations

1. That prior to the vesting of the zoning the following shall be accomplished by the applicant:

a. A 20-foot landscape setback shall be provided along 23rd Avenue at approved by the Development Services Department.

b. A parking plan which shall included paved areas for all required employee and customer parking and other areas used for vehicular maneuvering shall be approved by the Development Services Department

1. THAT THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH

THE SITE PLAN DATE STAMPED _______ , AS APPROVED, OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

The requested change removes the expanded landscape buffer and parking plan associated with the 1994 use of vehicle storage and salvage and inserts the new plan for the proposed automobile body repair shop.

2. That the applicant dedicate a 40-foot east half street for 23rd Avenue.

The requested dedication has been provided and this stipulation is no longer necessary.

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City of Phoenix PLANNING pEPAFITM~NT

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f?le~e· b.~ advised .that the PhoeniX ·City Council, .. in accordt;l_nce. yvit!!· the provisions of $eCtion 506.B.4 of rhe :ZO!iing· Ordinance, as <imended; has on February 2, 1994,· concurred ·in

. the recommendation of the Planning C01Jl1Jliss_i,on and Zg~ing Hearing Officer. and .has approved'A.pplict;zfion .. No: .11-94:,_l·. · for '1;L .. zorzing qn a parcel •located on _the east side of 23rd 4've[!-~~. approxil1Jlltely 660fee( ~out!z oT Happy Valley Road,_ (approximately 6.58 deres), :;ybject to· stipulatiqns:

1. Thgt pr(or ~O · (he ve~ting. ofzonJn? ihefol~owing s/lall be14ccomplished by.the. applicant:

a. ·'1 20joot lan{lscape se.tba9k.shall be provided along 23rdAven~e as approv.ed.by the. Development Services Deparfnient.

b. (i p<}rkj~g P.k!'l w_b_ic,h ~Mill )ncJ.ude paved areas for all required emplayee and. c.ustpmer parking anfi.·Q~her areas. used for vehicle maneuvering shall be approved by·the Development Services Department.

2 .. That the appiicanuiedicate a 40~foor. easthalf streetfor 23rdAvenue.

Sincerely,

~cJu.J&Jl MatkA. Steele Princifxil Planner

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NOTES1. SITE SUBJECT TO CHANGE PENDING ALL STATE AND CITY ORDINANCES

OR DEED RESTRICTIONS.

2. BUILDING AND SITE SIGN LOCATION, SQUARE FOOTAGE AND TYPE

SUBJECT TO CHANGE PENDING ALL STATE AND CITY ORDANCES OR DEEDRESTRICTIONS.

SITE DATAAPN: 210-05-007XAREA (gross): 105,979± sf (2.4 ac)

AREA (net): 88,539± sf (2.0 ac)

PARKING REQUIRED: 2,600 SF OFFICE* (1 SPACE/300 SF) = 9 SPACES

13,500 SF SHOP* (1 SPACE/1000 SF) = 14 SPACES

PARKING PROVIDED: 36 PUBLIC

48 EMPLOYEE / STORAGE84 SPACES TOTAL

BUILDING: 16,184 sf

BUILDING HEIGHT: 1-STORY / 26'

F.A.R. 16.49% (gross)

LOT COVERAGE: 19.73 (net)

ZONING: A-1

Q.S.: 04-02

USE: AUTOMOBILE BODY REPAIR SHOP

VICINITY MAPN.T.S.

ENGINEERBOWMAN CONSULTING1295 W. WASHINGTON ST.

SUITE 108TEMPE, AZ 85281PH: 480.629.8830

CONTACT: NATHAN LARSONEMAIL: NLARSON@BOWMANCG.COM

DEVELOPERVICTORY DEVELOPMENT

8201 PRESTON ROADSUITE 700

DALLAS, TX 75225PH: 469.646.6191CONTACT: TIM KRAFTSON

EMAIL: TIM.KRAFTSON@VGRE.COM

DUMPSTER NOTE:OPTIONS FOR DUMPSTER

* REMOVABLE FENCE

* FENCE ONLY ALONG WEST SIDE

* NO FENCE

* DUMPSTER ON WHEELS

PHO-2-19--Z-11-94-1 Proposed Site Plan Hearing Date: November 20, 2019

City Council Minutes-167-

February 2, 1994

PETITIONS, COMMUNICATIONS AND PUBLIC HEARINGS

ITEM 24 DISTRICTS 1, 2, 3, 5, 6 AND 7 -ZONING CASES FOR RATIFICATION OF PLANNING COMMISSION ACTION - F-2700

The Council heard request to approve recommendations made on zoning matters which were heard by the Zoning Hearing Officer on December 20, 1993 . The cases were ratified by the Planning Commission on January 12, 1994.

DISTRICT 3 - OWNER: BANK ONE, ARIZONA - REPRESENTATIVE: THE POINTE DESIGN GROUP, INC.

A. Application 104-93-3: A request to rezone a parcel located on the west side and west of 18th Str eet between Sahuaro Road (extended) and Avenida Del Or o (appr oximately 33.62 acres) from RH to Rl-10. Th e granting of this application will decrease the numbe r of dwelling units on this parcel from 672 to 141 unit s maximum.

The Planning Commission concurred Hearing Officer and recommended approved, s ubjec t to s tipulati ons.

with this

the Zo ning reque s t be

DISTRICT 5 - OWNER: BENROSS CORPORATION - REPRESENTATIVE: MICHAEL J. CURLEY OF EARL, CURLEY AND LAGARDE

B. Appli c ation 8-94-5: A request to rezone a parce l surrounding the southeast co rner of 9lst Avenue and Indian School Road (approximately 12.35 acres) fr om C-1 and R-2 to C-2.

The Planning Commission concurred Hearing Officer and recomrnended approved, subject to stipula t ions.

with this

th e Zoning re ques t be

-168-

February 2 , 1994

DISTRICT 1 - OWNER: SlST NORTH PARTNERS -REPRESENTATIVE: DON SALTER

C. Application 10-94-1: A request to rezone a parcel located at the east side of Slst Avenue, approximately 1,330 feet south of Beardsley Road (approximately 31.10 acres from RE-43 (approved RE-43 (approved R-3) t o R-2 . The granting of this application will increase the number of dwelling units allowed on this parcel from 26 to 421 units maximum.

The Planning Commission concurred Hearing Officer and recommended approved, subject t o stipulations.

DISTRICT 1

with this

OWNER: R. WHEELER,

the Zoning request be

J. AND C. SEIBERT, R. AND N. JOHNSON - REPRESENTATIVE: ROBERT WHEELER

D. Application 11-94-1 : A request to rezone a parcel l oca ted approximately 660 feet south of Happy Valley Road, east side of 23rd Avenue (approximately 6.58 acres) from S-1 to A-1 .

E.

The Planning Commission concurred Hearing Officer and recommended approved, subject to stipulations.

with this

the Zoning request be

DISTRICT 2 - OWNER: CITY OF PHOENIX PLANNING COMMISSION REPRESENTATIVE: CITY OF PHOENIX PLANNING DEPARTMENT

Annexation 171: A request to establish of Phoenix zoning on approximately 9. 6 at the nor the as t corner of 52nd Street fr om County C-0 to City C-0.

original City acres located and Bell Road

The Planning Commission concurred Hearing Officer and recommended approved.

with this

the Zoning request be

City Council Minutes

-169-

February 2, 1994

DI STRI CT 7 - OWNER : CITY OF PHOENIX PLANN I NG COMM ISSION REPRESENTATIVE: CI TY OF PHOENI X PLANNI NG DEPARTMENT

F. Anne xati on 170 : A request to establish o rig ina l City of Phoenix z onin g o n app roximately 81 . 3 acres on a par ce l r oughly bounde d by Sls t Avenue o n t he e ast, 53rd Ave nue (extended) on t he we s t, Lower Buc keye Road on the nort h a nd Elwood Street (extended) on t he south fr om Co un ty I nd - 1 and Ind-2 to Ci ty CP/ BP and A- 1.

The Pl a nn i ng Commi ss i o n concu r red with the Zo ning He a ri ng Off i cer a nd recomrnended this request be approved , s ub j ect to s ti pulations carried over from a Co unty zo ni ng approva l .

There be ing no o ne p rese nt in opposition, MOTlON was made by Mrs. Will i ams, SECONDED by Mr. Rimsza, t hat Item 24 A-F be r atifi ed. MOTI ON CARRI ED UNANIMOUSLY.

ITEM 25

The made o n Hear i ng ratif i ed

DI STRICTS 2, 6 AND 8 ZONI NG RATI FI CATIONS OF PLANNI NG COMM ISSION ACTION - F-2700

Counc i 1 hea r d req uest t o approve recommenda t ions zo ning matters whi ch were heard by the Zoning Officer on January 3, 1994 . The cases were by the Planni ng Co mmission on January 12, 1994.

DI STRICT 2 - OWNER: JOHN ISAACSON AND CHARLES DITSH -REPRESENTATIVE: STEVE APPE LL OF LA CRESTA CONSTRUCTION CO . AND DEVP .

A. App l icati on 21-94-2 : A request to rezone a parce l l ocated at t he nort heast corner of Grovers Avenue and 13t h Street (approxima tely 15 acres) fro m RI-8 and R4-A to R-2. The gra nting of th is app li cation wil l decrease t he number of dwelling units on t his parce l from 263 to 180 units maximum.

The Planning Commiss i on concur red with the Zo ning Hearing Off i cer and recommended th i s request be denied as fi l ed and approved Rl -6, subject to stipulat i ons.

City Council Minutes

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0

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Planning Commission Notes January 12, 1994

not begin to restore the 22 positions they have lost in the past 3 years. However, it does gives them a base level to meet the public's requests for service.

Chairman Blue inquired if the Department was requesting 10 positions.

Ms. Mee said it is actually 10 positions if you count the freeway mitigation bonds. It is 8 positions without that. The freeway mitigation personnel comes from a separate funding source.

Mr. Hamel asked for a clarification of the concept of a supplemental budget.

Ms. Mee said the base budget is everything that they have to do today. All the present staff they have and then the line items for contractual services and commodities. If they want anything beyond that, it is a supplemental request.

III. SCHEDULING MATTERS

A. Request to initiate a Special Plan Amendment to place the Special Study Area General Plan Designation over the Estrella Freeway Aligrunent and adjacent land uses between 67th Avenue and 1·17.

Ms. Cox said impetus for this request came from Mr. Burke of the Parks Department who requested that a special amendment be considered. Their memo was in response to a concern raised by Mr. Conrad that the alignment depicted on the general plan runs through an area of 51 st A venue .

Ms. Cox noted staff is in support of this amendment. It is recommended that this study area extend 1/4 of a mile to the north and to.the south of both the existing Northwest Outer Loop and the alignment depicted on the Estrella Freeway Preliminary Location Plan. Both are shown on the board. As indicated, the two alignments differ substantially. ADOT has not yet completed an alignment st:udy for the proposed Northwest Outer Loop which would connect the Estrella Freeway to the east. However, it is unlikely that any funding and Jarid acquisition will occur in the near future.

Mr. Hamel made the m<;>tion to initiate a Special General Plan Amendment to place the Special Study Area General Plan Designation over the Estrella Freeway Aligrunent and adjacent land uses between 67th A venue and 1-17. Ms. Waits seconded the motion which

, passed six to zero.

IV. RATIFICATION OF ZONING HEARING OFFICER AGENDAS OF . DECEMBER 20, 1993, AND JANUARY 3, 1994.

December 20. 1993

Mr. Richert noted there was an appeal filed on Item 2, and 4, (Special Permit Nos. 1-94-1, and 4-94-6).

The recommendations made by the Zoning Hearing Officer on December 20, 1993, were put to a vote. Items 1, 3, 5, 6, 7, and 8 (Rezoning Application Nos. 104-93-3, 8·94-5, 10-94-1, and 11·94·1, and Item 7 and 8 (Annexation No. 171 and 170) were ratified.

January 3. 1994

5

. . • ,<~ · • . .• . •_, ·~ .

'· . .. •• SuMM~RY OF'ZONING HEARING OFFICER

December 20, 1993

ITEM NO. 7

SUB.TE GT

Application No.:

Location:

Request:

ACTIONS

DISTRICT NO.

n.:94-1

East side: of 23rd Avenue, approximately 660 feet south of Hhppy·Valley Road.

Rezone from S-1 to A-1 (approximately 6.6 acres)

.Zoning Hearing Officer Recoinmendatiqn: It 1s recommend~d this. request be approve,p, subject.to s~ipulations.

Staff'Recommen'dation: It is recommended this request not be approved.

Z. ii. ·O. H .E AR ING J-1 I G .H L .T G H T.S

Staff Mr. Muenker' stated this request is· consistent with the area's designation by the General Plan. St~ff. howevei', is not supportive because the ot.1tside use.s proposed are not consistent with the type· of industrial activity envisioned in the area, nor with future residential uses to the west. As such, it is recommended this request not. be approved .

.Allplicant -- Mr. James Anderson, l 52i5 N. 49th Street, Scottsdale, presented the appl,icant's reques_t (or· A-1 zoning. He stated he had rend the staff report nnd did !lot concur. with· either the: recommendation or the stipulations . . He noted .that although ihe ~pplicant could' agree to landscape improvements for the ·site , they di~ .not agree with t)1e time frame for these iniprovement.s. Mr . . Anderson stated they were opposed to making any fldditional dedication for 23rd A venue. Mr; Anderson presented several exhibits in support' of their request that depicted Lhc existing land use charac~er in the area·.

Interest -- None.

Ogposition -- None.