Attachment A - Draft Ordinance - Z-SP-2-22-3.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 (Z-SP-2-22-3) 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 0.94 acre property located approximately
175 feet east of the northeast corner of 17th Avenue and Hatcher Road, in a portion of
Section 30, Township 3 North, and Range 3 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 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 conceptual site plan
date stamped July 27, 2022, as modified by the following stipulations and as
approved by the Planning and Development Department.
2.
The development shall be in general conformance with the conceptual building
renderings date stamped June 9, 2022 with specific regard to materials, colors,
and horizontal patterns, as approved by the Planning and Development
Department.
3.
A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrances 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.
4.
The developer shall dedicate a minimum 25-feet of right-of-way and construct
the south half of Palmer Drive, as approved by the Planning and Development
Department.
5.
The developer shall dedicate a minimum 10-foot-wide sidewalk easement for
the north side of Hatcher Road, as approved by the Planning and Development
Department.
6.
The developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 8-foot-wide landscape area located between the back of curb and
sidewalk along the north side of Hatcher 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.
a.
Minimum 2-inch caliper single-trunk large canopy drought-tolerant
shade trees shall be provided between the back of curb and sidewalk to
provide a minimum 75 percent shade.
b.
The area between the back of curb and sidewalk shall be planted with
drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75 percent live
coverage at maturity, as approved by the Planning and Development
Department.
7.
The developer shall underground all existing electrical utilities within the public
right-of-way that are impacted or need to be relocated as part of the project.
The developer shall coordinate with the affected utility companies for their
review and permitting.
8.
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.
9.
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.
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-SP-2-22-3
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN PHOENIX, IN THE
COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
All that portion of the following described property lying North of the North line of
Hatcher Road:
BEGINNING at a point 175 feet East of the Southwest corner of the Northeast quarter of
the Southwest quarter of Section 30, Township 3 North, Range 3 East of Gila and Salt
River Base and Meridian, Maricopa County, Arizona;
THENCE North 249 feet:
THENCE East 155 feet;
THENCE South 494 feet;
THENCE Northwesterly along North boundary of the Arizona Canal right of way 160
feet;
THENCE North 200 feet to the POINT OF BEGINNING.