Attachment A - Draft Ordinance - Z-SP-4-22-7.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-4-22-7) FROM C-2 (PENDING C-2
HGT/WVR) (INTERMEDIATE COMMERCIAL, PENDING
INTERMEDIATE COMMERCIAL, HEIGHT WAIVER) TO C-2 SP
HGT/WVR (INTERMEDIATE COMMERCIAL, SPECIAL PERMIT,
HEIGHT WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.55-acre site located approximately 460 feet
south of the southwest corner of 83rd Avenue and Buckeye Road in a portion of Section
15, Township 1 North, Range 1 East, as described more specifically in Exhibit “A,” is
hereby changed from “C-2 (Pending C-2 HGT/WVR)” (Intermediate Commercial,
Pending Intermediate Commercial, Height Waiver), to “C-2 SP HGT/WVR”
(Intermediate Commercial, Special Permit, Height Waiver) to allow self-service storage
facility and all underlying C-2 uses with a height waiver.
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 elevations date
stamped April 18, 2022, as modified by the following stipulations and approved
by the Planning and Development Department.
2.
A minimum building setback of 100 feet shall be required along the south
property line.
3.
The maximum building height shall be 36 feet for a self-service storage
warehouse facility. All other uses shall be limited to a maximum building height
of 2 stories not to exceed 30 feet.
4.
The development shall conform with the Estrella Village Arterial Street
Landscaping Program landscape pallet and landscaping standards along
arterial streets in the Estrella Village, except as otherwise noted herein, as
approved by the Planning and Development Department.
5.
The south landscape setback shall be planted with minimum 50% 2-inch caliper
and minimum 50% 3-inch caliper large canopy, drought tolerant trees, planted
20 feet on center or in equivalent groupings, as approved by the Planning and
Development Department.
6.
Evergreen trees shall be planted within the landscape setback along the south
perimeter of the site, as approved by the Planning and Development
Department.
7.
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.
8.
All uncovered surface parking lot area 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 25% shade at maturity,
as approved by Planning and Development Department.
9.
A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks dispersed throughout the site 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.
All sidewalks along 83rd Avenue shall be detached with a landscape strip
located between the sidewalk and back of curb following the most recent Cross
Section of the Street Classification Map and planted to the following standards,
as approved and/or modified by the Planning and Development department.
a.
Minimum 2-inch caliper single-trunk large canopy drought-tolerant shade
trees to provide a minimum 75% shade.
b.
Drought tolerant vegetation maintained no higher than 24 inches to
provide a minimum of 75% 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.
11.
Any future planning hearing officer action to modify these stipulations shall
require the following:
a.
Enhanced public notification to include notice of the application to all
property owners within 1,000 feet of the subject site and city registered
neighborhood organizations within one mile of the subject site.
b.
Recommendation from the Estrella Village Planning Committee.
12.
The developer shall construct a restricted right-in/right-out driveway along 83rd
Avenue, as approved by the Planning and Development Department. The
developer shall complete the application and dedicate and construct all
necessary improvements within the Salt River Project Agricultural
Improvements and Power District designated lands or as modified by the Street
Transportation 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.
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
LOT 4 AND A PORTION OF LOT 3, BUCKEYE FULFILLMENT CENTER,
ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 1199 OF
MAPS, PAGE 39, LOCATED IN THE NORTHEAST QUARTER OF SECTION 15,
TOWNSHIP 1 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 83 DEGREES 12 MINUTES 17 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID LOT 4, A DISTANCE OF 292.15 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 4;
THENCE NORTH 05 DEGREES 18 MINUTES 02 SECONDS WEST, ALONG THE
WEST LINE OF SAID LOT 4, A DISTANCE OF 254.16 FEET TO THE NORTHWEST
CORNER OF SAID LOT 4;
THENCE CONTINUING ALONG SAID LINE, NORTH 05 DEGREES 18 MINUTES 02
SECONDS WEST, A DISTANCE OF 57.13 FEET;
THENCE SOUTH 89 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF
323.77 FEET;
THENCE SOUTH 01 DEGREE 05 MINUTES 37 SECONDS WEST, A DISTANCE OF
13.63 FEET TO THE NORTHEAST CORNER OF SAID LOT 4;
THENCE CONTINUING ALONG SAID LINE, SOUTH 01 DEGREE 05 MINUTES 37
SECONDS WEST, A DISTANCE OF 240.17 FEET;
THENCE SOUTH 00 DEGREES 05 MINUTES 51 SECONDS WEST, A DISTANCE OF
16.30 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 89,145 SQUARE FEET OR 2.046 ACRES, MORE OR
LESS.