Attachment A - Draft Ordinance - Z-SP-7-19-5.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-SP-7-19-5) FROM C-2 (INTERMEDIATE COMMERCIAL)
TO C-2 SP (INTERMEDIATE COMMERCIAL, SPECIAL PERMIT).
_________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.27-acre property located approximately
280 feet west of the northwest corner of 41st Drive and Camelback Road in a portion of
Section 15, Township 2 North, Range 2 East, as described more specifically in Exhibit
“A”, is hereby changed from “C-2” (Intermediate Commercial) to “C-2 SP” (Intermediate
Commercial, Special Permit) to allow for self-storage and all underlying C-2 uses.
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.
Twenty-five percent of the trees in the required landscape setbacks shall be
minimum 4-inch caliper and 75 percent of the trees shall be minimum 3-inch
caliper. Five 5-gallon shrubs per tree shall be provided, and additional shrubs or
live groundcover, shall provide minimum 75 percent live cover at mature size, as
approved by the Planning and Development Department.
2.
All sidewalks adjacent to public rights-of-way shall be detached with a minimum 5-
foot-wide continuous landscape area located between the sidewalk and back of
curb; and shall include minimum 5-gallon shrubs with a maximum mature height of
2 feet providing 75 percent live cover, as approved by the Planning and
Development Department.
3.
The development shall be in general conformance with the elevations date
stamped February 7, 2020 with specific regard to the brick veneer facades, as
approved by the Planning and Development Department.
4.
The developer shall plant shade trees in and around the parking area to provide
shade for 25 percent of the parking area at maturity as approved by the Planning
and Development Department.
5.
The developer shall provide a fully accessible pedestrian path from the sidewalk
along Camelback Road through the site connecting to the proposed ADA path on
the northwest corner of the site. The path shall make an uninterrupted, accessible
pedestrian connection to the Camelback Road sidewalk. The entirety of the path
shall be painted or otherwise treated to provide visual delineation from the parking
surfaces and drive aisles, as approved by the Planning and Development
Department.
6.
The developer shall restrict left-turn egress movements from the existing driveway
to Camelback Road through signage and/or painted driveway surface. The
developer shall coordinate with the Street Transportation Department during the
site development permitting process to establish a design that is compatible with
the site usage, as approved by the Street Transportation Department.
7.
The developer shall construct all streets within and adjacent to the development
with pacing, 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.
8.
The right-of-way and bus stop pad along westbound Camelback Road along
frontage of APN 145-08-619R shall be retained. Any relocation or modification
shall require approval by the Public Transit Department.
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.
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 20th day of May, 2020.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-SP-7-19-5
APN 145-08-619R
THE WEST 120 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PART OF TRACT "D", OF CAMELBACK ESTATES WEST, A SUBDIVISION
RECORDED AS BOOK 113 OF MAPS, PAGE 35, RECORDS OF MARICOPA
COUNTY, ARIZONA, AND BEING A PORTION OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 2 NORTH, RANGE
2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
FROM THE SOUTHWEST CORNER OF THE SAID SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 15;
MEASURE THENCE NORTH 89 DEGREES 42 MINUTES 05 SECONDS EAST
ALONG THE SOUTHERLY LINE OF THE SAID SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 15, A DISTANCE OF 662.36 FEET;
THENCE NORTH 00 DEGREES 17 MINUTES 55 SECONDS WEST 65.00 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
SOUTHERLY LINE OF SAID TRACT "D" OF CAMELBACK ESTATES WEST;
THENCE NORTH 206.54 FEET TO A CORNER ON THE NORTHERLY LINE OF
SAID TRACT "D" OF CAMELBACK ESTATES WEST;
THENCE EAST ALONG THE NORTHERLY LINE OF SAID TRACT "D" OF
CAMELBACK ESTATES WEST, A DISTANCE OF 320.32 FEET TO A POINT 150.00
FEET WESTERLY FROM THE EAST LINE OF SAID TRACT "D";
THENCE SOUTH 00 DEGREES 17 MINUTES 55 SECONDS EAST PARALLEL TO
THE SAID EAST LINE OF TRACT "D" 204.87 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID TRACT "D";
THENCE SOUTH 89 DEGREES 42 MINUTES 05 SECONDS WEST ALONG
SOUTHERLY LINE OF SAID TRACT "D" OF CAMELBACK ESTATES WEST, 321.39
FEET TO THE TRUE POINT OF BEGINNING.
APN 145-08-619S
THAT PART OF TRACT "D" OF CAMELBACK ESTATES WEST, A SUBDIVISION
RECORDED AS BOOK 113 OF MAPS, PAGE 35, RECORDS OF MARICOPA
COUNTY, ARIZONA, AND BEING PART OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 2 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 15;
THENCE NORTH 89 DEGREES 42 MINUTES 05 SECONDS EAST ALONG THE
SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 15, A DISTANCE OF 662.36 FEET;
THENCE NORTH 00 DEGREES 17 MINUTES 55 SECONDS WEST, A DISTANCE
OF 65.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON
THE SOUTHERLY LINE OF TRACT "D" OF CAMELBACK ESTATES WEST;
THENCE NORTH 206.54 FEET TO A CORNER ON THE NORTHERLY LINE OF
TRACT "D" OF CAMELBACK ESTATES WEST;
THENCE EAST ALONG THE NORTHERLY LINE OF TRACT "D" OF CAMELBACK
ESTATES WEST A DISTANCE OF 320.32 FEET TO A POINT 150.00 FEET
WESTERLY FROM THE EAST LINE OF SAID TRACT "D";
THENCE SOUTH 00 DEGREES 17 MINUTES 55 SECONDS EAST, PARALLEL TO
THE EAST LINE OF TRACT "D" A DISTANCE OF 204.7 FEET TO A POINT ON THE
SOUTHERLY LINE OF TRACT "D";
THENCE SOUTH 89 DEGREES 42 MINUTES 05 SECONDS WEST, ALONG THE
SOUTHERLY LINE OF SAID TRACT "D" OF CAMELBACK ESTATES WEST, A
DISTANCE OF 321.39 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THE EAST 123 FEET; AND
EXCEPT THE WEST 120 FEET THEREOF.