Attachment A - Draft Ordinance - Z-SP-2-22-3.pdf

City of Phoenix — Formal (2022-09-07)

View PDF Meeting page

Extracted text (via pymupdf) 6309 characters
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.