Attachment A - Draft Ordinance Z-63-21-3.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-63-21-3) FROM R-O (RESIDENTIAL OFFICE
DISTRICT) TO C-2 (INTERMEDIATE COMMERCIAL DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.37-acre propoerty located approximately 220
feet west of the northwest corner of 19th Avenue and Greenway Road in a portion of
Section 1, Township 3 North, Range 2 East, as described more specifically in Exhibit “A,” is
hereby changed from “R-O” (Residential Office District) to “C-2” (Intermediate Commercial
District).
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.
Residential density shall be limited to a maximum of 4 dwelling units per acre.
2.
A minimum 35-foot-wide landscape setback shall be provided along Greenway
Road, as approved by the Planning and Development Department. Where
utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
3.
The required landscape setbacks shall be planted with minimum 75% 2-inch
caliper and 25% 3-inch caliper size trees and with five 5-gallon shrubs per tree,
as approved by Planning and Development Department.
4.
All uncovered employee and customer surface parking lot areas shall be
landscaped with minimum 2-inch caliper drought-tolerant shade trees and five
5-gallon shrubs per tree. Landscaping shall be dispersed throughout the
parking areas and achieve 20 percent shade at maturity, as approved by
Planning and Development Department.
5.
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.
6.
The sidewalk along Greenway Road shall be a minimum of 8 feet in width and
detached with a minimum 11-foot-wide landscape strip located between the
sidewalk and the back of curb, planted to the following standards, as approved
or modified by the Planning and Development Department.
a.
Minimum 2-inch caliper drought-tolerant shade trees that provide
sidewalk shade to a minimum of 75% 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 minimum of 2 bicycle parking spaces shall be provided through Inverted U,
artistic racks, and/or within a secure bicycle storge area. Racks shall be located
near a primary building entrance and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance. Artistic racks shall adhere to the City
of Phoenix Preferred Designs in Appendix K or the Comprehensive Bicycle
Master Plan, as approved by the Planning and Development Department.
8.
The developer shall construct a modified P1243-1 driveway along Greenway
Road to restrict access to right-in, right-out and left-in only, as approved by the
Planning and Development and Street Transportation Department.
9.
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.
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 7th day of September,
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-63-21-3
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH,
RANGE 2 EAST OF THE GIL4 AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1, BEING A CITY OF
PHOENIX BRASS CAP IN HANDHOLE FROM WHICH THE SOUTH QUARTER CORNER
BEAR SOUTH 87 DEGREES 36 MINUTES 19 SECONDS WEST FOR A DISTANCE OF
2501.18 FEET (BASIS OF BEARING);
THENCE SOUTH 87 DEGREES 36 MINUTES 19 SECONDS WEST ALONG THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1, A DISTANCE OF 223.98
FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 87 DEGREES 36 MINUTES 19 SECONDS WEST ALONG
SAID SOUTH LINE, A DISTANCE OF 195.40 FEET;
THENCE LEAVING SAID SOUTH LINE NORTH 01 DEGREES 10 MINUTES 40 SECONDS
WEST, A DISTANCE OF 55 FEET TO THE SOUTHWEST CORNER OF LOT 4 SIERRA
PRIETA ESTATES RECORDED IN BOOK 112 OF MAPS, PAGE 24, MARICOPA COUNTY
RECORDS;
THENCE CONTINUING NORTH 01 DEGREES 10 MINUTES 43 SECONDS WEST, A
DISTANCE OF 88 FEET;
THENCE NORTH 24 DEGREES 35 MINUTES 59 SECONDS EAST, A DISTANCE OF
230.89 FEET TO THE CENTERLINE OF AN EXISTING ALLEY BEING 16 FEET WIDE;
THENCE NORTH 87 DEGREES 36 MINUTES 19 SECONDS EAST ALONG SAID
CENTERLINE OF AN EXISTING ALLEY, A DISTANCE OF 109.40 FEET;
THENCE SOUTH 01 DEGREES 10 MINUTES 40 SECONDS EAST ALONG THE
CENTERLINE OF AN EXISTING ALLEY BEING 20 FEET WIDE AND THE EXTENSION
THEREOF, A DISTANCE OF 344.75 FEET BACK TO THE POINT OF BEGINNING.