Attachment A - Draft Ordinance - Z-6-21-7
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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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-6-21-7) FROM A-1 (LIGHT INDUSTRIAL DISTRICT) TO
A-1 HGT/WVR (LIGHT INDUSTRIAL DISTRICT, HEIGHT
WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 0.36 acre site located at southwest corner of
35th Avenue and the Durango Street alignment in a portion of Section 15, Township 1
North, Range 2 East, as described more specifically in Exhibit “A”, is hereby changed
from “A-1” (Light Industrial District) to “A-1 HGT/WVR” (Light Industrial District, Height
Waiver) to allow a height waiver up to 110 feet.
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.
A maximum building height of 110 feet shall be permitted, exclusive of Section
701.B height provisions in the Zoning Ordinance.
2.
A system of clearly defined, accessible pedestrian pathways shall be provided
to connect building entrances via the most direct route for pedestrians, as
approved by the Planning and Development Department.
3.
A portion of this parcel is located in a Special Flood Hazard Area (SFHA) called
Zone AE Floodplain, on panels 2195L of the Flood Insurance Rate Map (FIRM)
revised September 21, 2020. If the proposed building is attached to an existing
building that is not shown to be FEMA compliant, it will be included in the
existing building’s floodplain restrictions and requirements, unless it can be
detached and placed outside of the FEMA floodplain. Alternatively, the larger
building can be shown by the applicant to be FEMA compliant with this building
addition. The following requirements are for buildings in special flood hazard
areas, as approved by the Planning and Development Department:
a.
The Architect/Engineer is required to show the special flood hazard area
boundary limits on plans and ensure that impacts to the proposed
facilities and surrounding properties have been considered, following the
National Flood Insurance Program (NFIP) Regulations (44 CFR
Paragraph 60.3). This includes, but is not limited to provisions in the
latest versions of the Floodplain Ordinance of the Phoenix City Code.
b.
A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements prior to issuance of a Grading
Permit.
4.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor International Airport (PHX) 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.
5.
The developer shall provide documentation to the City prior to construction
permit approval that Form 7460-1 has been filed for the development and that
the development received a “No Hazard Determination” from the FAA. If
temporary equipment used during construction exceeds the height of the
permanent structure a separate Form 7460-1 shall be submitted to the FAA and
a “No Hazard Determination” obtained prior to the construction start date.
6.
Developer to grant and record an avigation easement to the City of Phoenix
Aviation Department for the site, per the content and form prescribed by the City
Attorney prior to final site plan approval.
7.
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.
8.
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 21st day of April, 2021.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-6-21-7
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 1
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 15 MARKED
BY A BRASS CAP IN A HAND HOLE, THENCE SOUTH 00°07’06” EAST, 127.04
FEET TO A POINT FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 4
BEARS SOUTH 00°07’06” EAST, 2492.71 FEET;
THENCE SOUTH 89°52’52” WEST, 720.71 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 00°07’08” EAST, 111.00 FEET;
THENCE SOUTH 89°52’52” WEST, 140.00 FEET;
THENCE NORTH 00°07’08” WEST, 111.00 FEET;
THENCE NORTH 89°52’52” EAST, 140.00 FEET TO THE POINT OF BEGINNING;