Attachment A - Draft Ordinance - Z-37-22-2.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-37-22-2) FROM C-2 (INTERMEDIATE
COMMERCIAL) TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.05-acre property located approximately
320 feet north of the northwest corner of 32nd Street and Union Hills Drive in a portion
of Section 26, Township 4 North, Range 3 East, as described more specifically in
Exhibit “A,” is hereby changed from “C-2” (Intermediate Commercial) to “PUD” (Planned
Unit Development).
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.
An updated Development Narrative for the 32nd Street EV Body Repair
Center PUD reflecting the changes approved through this request shall be
submitted to the Planning Department within 30 days of City Council approval
of this request. The updated Development Narrative shall be consistent with
Development Narrative date stamped August 22, 2022, as modified by the
following stipulations.
a.
Front Cover, add “City Council adopted: [Insert Adoption date]”
b.
Page 7, Development Standards, revise the last portion of the last
sentence to read: “…..and Section 1307.H. (Walkable Urban Code –
Bicycle Parking).”
c.
Page 7 and 14, first foot note, revise the first portion of the sentence to:
“Trash enclosures and…..”.
d.
Page 8, Landscape Standards table, Parking Lot Landscaping
standards, add an asterisk next to 10% to indicate that existing parking
areas will adhere to Section 702.A.3 per the footnote below the table.
e.
Page 8, Operational Standards, remove extra period from the first
sentence.
f.
Page 12, Lighting Standards, revise the last portion of the sentence to
read: “….shall adhere to Section 704 and 507.Tab.A. standards of the
Zoning Ordinance…”.
2.
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.
3.
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.
4.
Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 Waiver of Claims forms. 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 November,
2022.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-37-22-2
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 4
NORTH, RANGE 3 EAST, OF THE GILA SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA;
EXCEPT THAT PORTION DESCRIBED IN DOCUMENT NO. 2000-0260599, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26,
TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, LYING EAST OF THE LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTH HALF
AND THE WEST LINE OF THE EAST 65 FEET THEREOF;
THENCE NOTHERLY ALONG SAID WEST LINE TO THE SOUTH LINE OF THE
NORTH 230.33 FEET OF SAID NORTH HALF;
THENCE NORTHEASTERLY TO THE INTERSECTION OF THE NORTH LINE OF
SAID NORTH HALF WITH THE WEST LINE OF THE EAST 55 FEET THEREOF AND
THE TERMINUS OF THE LINE DESCRIBED HEREIN.