Attachment A - Draft Ordinance - Z-43-21-6.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-43-21-6) FROM R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT) AND R-5 (MULTIFAMILY RESIDENCE DISTRICT) TO
R-O (RESIDENTIAL OFFICE – RESTRICTED COMMERCIAL
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 0.70 acre site located at the southwest
corner of 40th Place and Indian School Road in a portion of Section 30, Township 2
North, Range 4 East, as described more specifically in Exhibit “A”, is hereby changed
from 0.27 acres of “R1-6” (Single-Family Residence District) and 0.43 acres of “R-5”
(Multifamily Residence District) to “R-O” (Residential Office – Restricted 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.
The development shall be in general conformance with the elevations date
stamped June 25, 2021, with specific regard to the following and as approved by
the Planning and Development Department.
a.
That there be a maximum building height of one story and 15 feet.
2.
There shall be no vehicular access from 40th Place.
3.
The required landscape setback along 40th Place shall include large canopy
shade trees 20 feet on center or in equivalent groupings as approved by the
Planning and Development Department. Twenty-five percent of the trees shall
be minimum 4-inch caliper and 75 percent of the trees shall be minimum 3-inch
caliper. Five, five-gallon shrubs per tree, and additional shrubs or live
groundcover, shall provide minimum 75 percent live cover at maturity, as
approved by the Planning and Development Department.
4.
The required landscape setback along the southern portion of the site shall be
planted with minimum 2-inch caliper shade trees placed 20 feet on center or in
equivalent groupings, as approved by the Planning and Development
Department.
5.
All uncovered surface parking lot areas located within the southern 65 feet of the
site shall be landscaped with a minimum 2-inch caliper drought-tolerant shade
trees. Landscaping shall be dispersed throughout the parking area and achieve
25 percent shade at maturity, as approved or modified by Planning and
Development Department.
6.
There shall be no internally lit signs on the site. Signage shall be approved by
the Planning and Development Department.
7.
A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near 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.
8.
Clearly defined, accessible pedestrian pathways shall be provided to connect
building entrances and public sidewalks, using the most direct route for
pedestrians, as approved by the Planning and Development Department.
9.
Where pedestrian pathways cross drive aisles, they shall be constructed of
decorative pavers, stamped or colored concrete, or other pavement treatments
that visually contrast with the adjacent parking and drive aisle surfaces, as
approved by the Planning and Development Department.
10.
The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and
other incidentals, as per plans approved by the Planning and Development
Department. All improvements shall comply with the current ADA Guidelines.
11.
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.
12.
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.
13.
The developer shall work with the neighbors and the Street Transportation
Department to either install no parking signs or permit parking only signs along
40th Place.
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 1st day of December,
2021.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_____________________________
Jeffrey J. Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-43-21-6
WITHIN A PORTION OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 4 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOT 2, GARY LYN, ACCORDING TO BOOK 48 OF MAPS, PAGE 28, RECORDS OF
MARICOPA COUNTY, ARIZONA.