Attachment A - Draft Ordinance - Z-SP-5-22-1.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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-SP-5-22-1) FROM C-1 (PENDING C-2)
(NEIGHBORHOOD RETAIL, PENDING 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 1.56-acre property located at the southwest
corner of 35th Avenue and Paradise Lane in a portion of Section 3, Township 3 North,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
“C-1 (Pending C-2)” (Neighborhood Retail, Pending Intermediate Commercial) to “C-2
SP” (Intermediate Commercial, Special Permit) to allow a self-service storage facility.
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.
The maximum building height shall be 12 feet.
2.
A minimum building setback of 25 feet shall be required along the west
property line.
3.
The primary customer parking area shall be located on the southeast quadrant
of the site, as approved by the Planning and Development Department.
4.
The applicant shall provide a 25-foot by 25-foot enhanced landscape area at
the northeast corner of the site to include a minimum of two 4-inch caliper
trees with five 5-gallon shrubs per tree and raised flower beds to compliment
the landscape theme, as approved by the Planning and Development
Department.
5.
The developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 11-foot-wide landscape strip located between the sidewalk and back
of curb, along the west side of 35th Avenue, planted to the following standards
and as approved by the Planning and Development Department.
a.
Minimum 75 percent two-inch caliper single-trunk drought-tolerant
shade trees and 25 percent three-inch caliper single-trunk drought-
tolerant shade trees planted a minimum of 20 feet on center or in
equivalent groupings and provide a minimum of 75 percent shade at
maturity.
b.
Drought tolerant vegetation to achieve 75 percent live coverage at
maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
6.
The developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 8-foot-wide landscape strip located between the sidewalk and back
of curb, along the south side of Paradise Lane, planted to the following
standards and as approved by the Planning and Development Department.
a.
Minimum 75 percent two-inch caliper single-trunk drought-tolerant
shade trees and 25 percent three-inch caliper single-trunk drought-
tolerant trees planted a minimum of 20 feet on center or in equivalent
groupings and provide a minimum of 75 percent shade at maturity.
b.
Drought tolerant vegetation to achieve 75 percent live coverage at
maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
7.
A 25-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
south side of Paradise Lane and a minimum 10-foot-wide multi-use trail (MUT)
shall be constructed within the easement, in accordance with the MAG
supplemental detail indicated in Section 429 and as modified or approved by
the Planning and Development Department.
8.
Where pedestrian pathways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped, or colored concrete, or other
pavement treatments that visually contrasts with parking and drive aisle
surfaces, as approved by the Planning and Development Department.
9.
A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, or in a secure room, as approved by the Planning
and Development Department.
10.
The developer shall construct a bus stop pad along southbound 35th Avenue
with right-of-way dedication as necessary. The design shall be according to
City of Phoenix Standard Detail P1260 with a depth of 10 feet and located
from the intersection of Paradise Lane according to City of Phoenix Standard
Detail P1258.
11.
The developer shall dedicate minimum 30-feet of right-of-way for the south
half of Paradise Lane, as approved by the Planning and Development
Department.
12.
The developer shall dedicate minimum 55-feet of right-of-way for the west half
of 35th Avenue, as approved by the Planning and Development Department.
13.
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.
14.
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.
15.
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.
16.
No signage shall be located along Paradise Lane, as approved by the
Planning and Development Department.
17.
No digital or neon signage or graphics shall be allowed.
18.
Any vehicular access along Paradise Lane shall be restricted to emergency
vehicle use only. The gate and fence shall be wrought iron with slats to
compliment the building and roof materials, as approved by the Planning and
Development Department.
19.
A minimum 8-foot-high wall shall be provided along the west side of the site,
as approved by the Planning and Development Department. This wall shall
either replace the existing shared wall or a new wall shall be constructed
adjacent to the existing wall.
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 7th day of December,
2022.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
THE NORTH 205 FEET OF LOT 5, SECTION 3, TOWNSHIP 3 NORTH, RANGE 2
EAST OF THE GILA AND SALT RIVER BASE & MERIDIAN, ACCORDING TO THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA;
EXCEPT ALL COAL, GAS, OIL, AND OTHER MINERAL DEPOSITS, AS RESERVED
IN PATENT FROM THE UNITED STATES OF AMERICA.