Attachment A - Draft Ordinance - Z-10-20-1.pdf
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ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-10-20-1) FROM R-5 (MULTIFAMILY RESIDENCE
DISTRICT) TO C-2 (INTERMEDIATE COMMERCIAL DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.15-acre site located approximately 325 feet
north of the northeast corner of 21st Avenue and Bell Road in a portion of Section 36,
Township 4 North, Range 2 East, as described more specifically in Exhibit “A”, is hereby
changed from “R-5” (Multifamily Residence District) to “C-2” (Intermediate Commercial
District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B”.
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1.
All building elevations shall contain three of the following architectural
embellishments and detailing: textural changes, pilasters, offsets, recesses,
variation in window size and location, or overhang canopies, as approved by the
Planning and Development Department.
2.
The developer shall provide a minimum 10-foot landscape setback along the
northern site boundary where adjacent to residential zoning. The landscape
setback shall be planted with two rows of minimum 60 percent 2-inch caliper trees
and minimum 40 percent 3-inch caliper trees planted 20-feet on center or in
equivalent groupings, as approved by the Planning and Development
Department.
3.
All sidewalks shall be detached with a minimum 5-foot-wide landscape area
located between the sidewalk and back of curb and planted to the following
standards, as approved by the Planning and Development Department. Where
utility conflicts exist, the developer shall work with the Planning and Development
Department on alternative design solutions with a pedestrian environment.
a.
Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or equivalent groupings to provide a
minimum of 75 percent shade on adjacent sidewalks.
b.
Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75 percent live
coverage at maturity.
4.
All uncovered surface parking lot areas for customer parking and employee
parking, as noted on the site plan date stamped May 19, 2020 shall be
landscaped with minimum 2-inch caliper shade trees. Landscaping shall be
dispersed throughout the parking area and achieve 35 percent shade at maturity,
as approved by Planning and Development Department.
5.
A minimum of two inverted-U bicycle racks for guests or employees shall be
provided on site and installed per the requirements of Section 1307.H of the
Zoning Ordinance, as approved by the Planning and Development Department.
6.
Right-of-way totaling 40 feet shall be dedicated for the east half of 21st Avenue,
as approved by the Planning and Development Department.
7.
Right-of-way totaling 6 feet shall be dedicated for the south half of the alley along
the northern property line, east of 21st Avenue, as approved by the Planning and
Development Department.
8.
The developer shall construct all streets within and adjacent to the development
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.
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.
The developer shall record a Notice to Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Deer Valley Airport (DVT) to future owners or tenants of the property as
approved by the Aviation Department.
11.
The developer shall provide documentation to the City prior to final site plan
approval that Form 7460-1 has been filed for the development and that the
development received a “No Hazard Determination” from the FAA. If temporary
equipment used during construction exceeds the height of the FAA and a “NO
Hazard Determination” obtained prior to the construction start date.
12.
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.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 2nd day of September
2020.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (5 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-10-20-1
PARCEL NO. 4:
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH,
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36;
THENCE NORTH 0 DEGREES 11 MINUTES 30 SECONDS WEST A DISTANCE OF
65.01 FEET;
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF
1697.99 FEET PARALLEL TO AND 65.00 FEET NORTH OF THE SOUTH LINE OF
SAID SECTION 36;
THENCE NORTH 1 DEGREE 01 MINUTE 08 SECONDS WEST A DISTANCE OF
300.00 FEET;
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST A DISTANCE OF
146.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND
DESCRIBED IN DOCKET 8024, PAGE 141, MARICOPA COUNTY RECORDS;
THENCE NORTH 1 DEGREE 01 MINUTE 08 SECONDS WEST A DISTANCE OF
100.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF
186.88 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 21ST AVE., AS
DESCRIBED IN DOCKET 7732, PAGE 45;
THENCE NORTH 19 DEGREES 05 MINUTES 07 SECONDS EAST (MEASURED)
(RECORDED NORTH 19 DEGREES 08 MINUTES 22 SECONDS EAST) A DISTANCE
OF 41.90 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHWEST, THE CENTER OF WHICH BEARS NORTH 70 DEGREES 54 MINUTES
53 SECONDS WEST A DISTANCE OF 1081.74 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 5 DEGREES 25 MINUTES 49 SECONDS A DISTANCE OF
102.52 FEET TO A POINT ON A RADIAL LINE BEARING SOUTH 76 DEGREES 20
MINUTES 42 SECONDS EAST;
THENCE SOUTH 76 DEGREES 20 MINUTES 42 SECONDS EAST A DISTANCE OF
146.63 FEET;
THENCE SOUTH 1 DEGREES 01 MINUTE 08 SECONDS EAST A DISTANCE OF
100.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALL GAS, OIL, METALS AND MINERAL RIGHTS AS RESERVED TO THE
STATE OF ARIZONA IN PATENT RECORDED IN DOCKET 1381, PAGE 233.
PARCEL NO. 5:
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36;
THENCE NORTH 0 DEGREES 11 MINUTES 30 SECONDS WEST A DISTANCE OF
65.01 FEET;
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF
1697.99 FEET PARALLEL TO AND 65.00 FEET NORTH OF THE SOUTH LINE OF
SAID SECTION 36;
THENCE NORTH 1 DEGREE 01 MINUTE 08 SECONDS WEST A DISTANCE OF
300.00 FEET;
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST A DISTANCE OF
146.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND
DESCRIBED IN DOCKET 8024, PAGE 141, MARICOPA COUNTY RECORDS;
THENCE NORTH 1 DEGREE 01 MINUTE 08 SECONDS WEST A DISTANCE OF
200.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 76 DEGREES 20 MINUTES 42 SECONDS WEST RADIALLY A
DISTANCE OF 146.63 FEET TO A POINT ON A CURVE CONCAVE TO THE
NORTHWEST, THE CENTER OF WHICH BEARS NORTH 76 DEGREES 20 MINUTES
42 SECONDS WEST A DISTANCE OF 1081.74 FEET, AND A POINT ON THE EAST
RIGHT OF WAY LINE OF 21ST AVENUE, AS DESCRIBED IN DOCKET 7732, PAGE
45, MARICOPA COUNTY RECORDS;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 6 DEGREES 51 MINUTES 20 SECONDS A DISTANCE OF
129.43 FEET TO A POINT ON A RADIAL LINE BEARING SOUTH 83 DEGREES 12
MINUTES 02 SECONDS EAST;
THENCE SOUTH 83 DEGREES 12 MINUTES 02 SECONDS EAST A DISTANCE OF
117.71 FEET;
THENCE SOUTH 1 DEGREE 01 MINUTE 08 SECONDS EAST A DISTANCE OF
148.00 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED IN THE
PATENT.
PARCEL NO. 6:
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36;
THENCE NORTH 0 DEGREES 11 MINUTES 30 SECONDS WEST A DISTANCE OF
65.01 FEET;
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF
1697.99 FEET PARALLEL TO AND 65 FEET NORTH OF THE SOUTH LINE OF SAID
SECTION 36;
THENCE NORTH 1 DEGREE 1 MINUTE 8 SECONDS WEST A DISTANCE OF 300
FEET; THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST A
DISTANCE OF 146.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF
LAND DESCRIBED IN DOCKET 8024, PAGE 141, MARICOPA COUNTY RECORDS;
THENCE NORTH 1 DEGREE 1 MINUTE 8 SECONDS WEST A DISTANCE OF 348.00
FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 83 DEGREES 12 MINUTES 2 SECONDS WEST RADIALLY A
DISTANCE OF 117.71 FEET TO A POINT ON A CURVE CONCAVE TO THE
NORTHWEST THE CENTER OF WHICH BEARS NORTH 83 DEGREES 12 MINUTES
2 SECONDS WEST A DISTANCE OF 1081.74 FEET AND TO A POINT ON THE EAST
RIGHT OF WAY LINE OF 21ST AVE. AS DESCRIBED IN DOCKET 7732, PAGE 45,
MARICOPA COUNTY RECORDS;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 7 DEGREES 13 MINUTES 34 SECONDS A DISTANCE OF
136.43 FEET TO A POINT ON THE SOUTH LINE OF VILLAGE MEADOWS NO. 6, A
SUBDIVISION IN BOOK 92 OF MAPS, PAGE 34, RECORDS OF MARICOPA
COUNTY, ARIZONA;
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST ALONG THE
SOUTH LINE OF SAID VILLAGE MEADOWS NO. 6, A DISTANCE OF 106.62 FEET;
THENCE SOUTH 1 DEGREE 1 MINUTE 8 SECONDS EAST A DISTANCE OF 152
FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED IN
PATENT.
PARCEL NO. 7:
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36;THENCE
NORTH 0 DEGREES 11 MINUTES 30 SECONDS WEST A DISTANCE OF 65.01 FEET;
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF
1697.99 FEET PARALLEL TO AND 65.00 FEET NORTH OF THE SOUTH LINE OF
SAID SECTION 36;
THENCE NORTH 1 DEGREE 01 MINUTES 08 SECONDS WEST A DISTANCE OF
300.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF
74.19 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 21ST AVENUE AS
DESCRIBED IN DOCKET 7732, PAGE 45, RECORDS OF MARICOPA COUNTY,
ARIZONA, AND A POINT ON A CURVE CONCAVE SOUTHEASTERLY THE CENTER
OF WHICH BEARS SOUTH 75 DEGREES 00 MINUTES 25 SECONDS EAST A
DISTANCE OF 1001.74 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4 DEGREES 05 MINUTES 32 SECONDS A DISTANCE OF
74.40 FEET TO A POINT OF TANGENCY ON A LINE BEARING NORTH 19 DEGREES
05 MINUTES 07 SECONDS EAST (MEASURED) RECORDED NORTH 19 DEGREES
08 MINUTES 22 SECONDS EAST;
THENCE NORTH 19 DEGREES 05 MINUTES 07 SECONDS EAST A DISTANCE OF
34.06 FEET;
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST A DISTANCE OF
186.88 FEET;
THENCE SOUTH 1 DEGREE 01 MINUTE 08 SECONDS EAST A DISTANCE OF
100.00 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND
DESCRIBED IN DOCKET 8024, PAGE 141, RECORDS OF MARICOPA COUNTY,
ARIZONA;
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 146.56 FEET TO
THE TRUE POINT OF BEGINNING.
EXCEPT ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED IN PATENT.