Attachment A - Draft Ordinance - Z-SP-6-22-7.pdf

City of Phoenix — Formal (2022-11-02)

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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-6-22-7) 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 4.75-acre site located approximately 650 feet 
east of the southeast corner of 107th Avenue and Lower Buckeye Road in a portion of 
Section 20, Township 1 North, Range 1 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 self-service storage warehouse 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. 
The development shall be in general conformance with the site plan date 
stamped August 15, 2022 as modified by the following stipulations and 
approved by the Planning and Development Department. 
 
 
2. 
The site shall be developed with a similar architectural theme as the 
commercial development directly to the west. The theme shall assure that the 
building and canopy colors, elevations, exterior materials, landscaping, lighting, 
and signage convey a sense of continuity throughout the development.  
 
 
3. 
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the 
south side of Lower Buckeye Road and a minimum 10-foot-wide multi-use trail 
(MUT) shall be constructed within the easement in accordance with the MAG 
supplemental detail and as approved by the Planning and Development 
Department. Where conflicts or restrictions exist, the developer shall work with 
the Site Planning section on an alternate design through the technical appeal 
process. 
 
 
4. 
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 south side of Lower Buckeye Road, landscape as follows, as 
approved by the Planning and Development Department. 
 
 
 
a.  
Minimum 2-inch caliper drought-tolerant single trunk shade trees planted 
to 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. 
 
 
5. 
All uncovered surface parking lot areas for employees and customers shall be 
landscaped with minimum 2-inch caliper size large canopy drought tolerant 
shade trees. Landscaping shall be dispersed throughout the parking area and 
achieve minimum 25% shade at maturity, as approved by the Planning and 
Development Department.

6. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrasts parking and drive aisle surfaces, as 
approved by the Planning and Development Department. 
 
 
7. 
Landscaping along Lower Buckeye Road shall conform with the Estrella Village 
Arterial Street Landscape Program landscape palette and landscaping 
standards, as approved by the Planning and Development Department. 
 
 
8. 
A minimum of four bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near the building entrances or in a secure location 
inside the building and installed per the requirements of Section 1307.H. of the 
Phoenix Zoning Ordinance, as approved by the Planning and Development 
Department. Artistic racks shall adhere to the City of Phoenix Preferred 
Designs in Appendix K of the Comprehensive Bicycle Master Plan. 
 
 
9. 
The developer shall dedicate minimum 55-feet of right-of-way for the south side 
of Lower Buckeye Road, as approved by the Planning and Development 
Department. 
 
 
10. 
The developer shall construct and landscape a minimum 14-foot-wide median 
island in Lower Buckeye Road from 107th Avenue connecting to the existing 
median, east of the development site, as approved by the Street Transportation 
Department. 
 
 
11. 
All access control to 107th Avenue shall be reviewed and approved by 
Maricopa County, with documentation of approval to be provided to the City 
prior to preliminary site plan approval. 
 
 
12. 
Existing irrigation facilities along Lower Buckeye Road are to be 
undergrounded and relocated outside of City right-of-way. Contact SRP to 
identify existing land rights and establish the appropriate process to relocate 
the facility. Relocations that require additional dedications and or land transfers 
require completion prior to obtaining plat and/or civil plan review approval. 
 
 
13. 
The applicant shall complete and submit the Developer Project Information 
Form for the MAG Transportation Improvements Program to the Street 
Transportation Department. This form is a requirement of the EPA to meet 
clean air quality requirements. 
 
 
14. 
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.

15. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Goodyear Airport (GYR) to future owners 
or tenants of the property. The form and content of such documents shall be 
according to the templates and instructions provided which have been reviewed 
and approved by the City Attorney. 
 
 
16. 
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. 
 
 
17. 
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 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 
 
PAD 4 - LEGAL DESCRIPTION 
 
THAT PORTION OF FARM UNIT "N", ACCORDING TO THE FARM UNIT 
PLAT, OR THE NORTH HALF OF THE NORTHWEST QUARTER OF 
SECTION 20, TOWNSHIP 1 NORTH, RANGE 1 EAST OF THE GILA AND 
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, 
FURTHER DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 20 
FROM WHICH THE WEST QUARTER CORNER BEARS S 00°39'22" E 
(BASIS OF BEARING), A DISTANCE OF 2657.53 FEET; 
 
THENCE NORTH 89 DEGREES 49 MINUTES 14 SECONDS EAST, ON 
THE NORTH LINE OF THE NORTHWEST QUARTER, A DISTANCE OF 
659.03 FEET; TO THE POINT OF BEGINNING OF THE EASEMENT 
HEREIN DESCRIBED. 
 
THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 89 
DEGREES 49 MINUTES 14 SECONDS EAST, A DISTANCE OF 
226.27 FEET; 
 
THENCE SOUTH 00 DEGREES 39 MINUTES 22 SECONDS EAST, A 
DISTANCE OF 590.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 
14 SECONDS WEST, A DISTANCE OF 536.28 FEET; THENCE NORTH 00 
DEGREES 39 MINUTES 22 SECONDS WEST, A DISTANCE OF 237.16 
FEET; THENCE NORTH 89 DEGREES 49 MINUTES 14 SECONDS EAST, 
A DISTANCE OF 310.01 FEET; 
THENCE NORTH 00 DEGREES 39 MINUTES 22 SECONDS WEST, A 
DISTANCE OF 352.83 FEET TO THE POINT OF BEGINNING. 
 
SAID PARCEL CONTAINS 207,013 SQUARE FEET OR 4.752 ACRES, 
MORE OR LESS.