Attachment A - Draft Ordinance - Z-78-21-8.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-78-21-8) FROM R1-6 (SINGLE-FAMILY
RESIDENCE DISTRICT), APPROVED C-1 (NEIGHBORHOOD
RETAIL 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 5.85-acre site located approximately 375 feet
west of the southwest corner of 19th Avenue and Southern Avenue in a portion of
Section 36, Township 1 North, Range 2 East, as described more specifically in Exhibit
“A,” is hereby changed from “R1-6” (Single-Family Residence District), Approved “C-1”
(Neighborhood Retail 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.
All building elevations shall be developed to the following standards, as approved
by the Planning and Development Department:
a.
All building elevations shall contain multiple colors, exterior accent materials
and textural changes that exhibit quality and durability to provide a
decorative and aesthetic treatment.
b.
All building elevations shall contain architectural embellishments and
detailing such as textural changes, pilasters, offsets, recesses, variation in
window size and location, and/or overhang canopies.
c.
No bay or loading doors shall be located on perimeter building elevations
facing a perimeter property line.
d.
No windows shall be located on perimeter building elevations facing a
residential property line.
2.
A minimum 25-foot-wide landscape setback shall be provided adjacent to the
south and west property lines, planted with minimum 2-inch caliper, large
evergreen trees, planted 20-feet on-center or in equivalent groupings to provide a
minimum 30-foot solid vertical screen at maturity, as approved by the Planning
and Development Department.
3.
All perimeter walls visible from the streets shall include material and textural
differences, such as stucco and/or split face block with a decorative element, such
as tile or stamped designs, as approved by the Planning and Development
Department.
4.
All uncovered surface parking lot areas for employees and customers shall be
landscaped with minimum 2-inch caliper size large canopy drought tolerant shade
trees. Landscaping shall be dispersed throughout the parking area and achieve
25% shade at maturity, as approved by Planning and Development Department.
5.
All public sidewalks shall have a minimum 75% shade provided by shade trees at
maturity, as approved by the Planning and Development Department.
6.
Where pedestrian pathways cross drive aisles, these 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.
7.
A minimum of two 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.
8.
A minimum 5-foot wide detached sidewalk shall be provided along 19th Avenue
and Southern Avenue. A minimum 10-foot wide landscape strip shall be located
between the sidewalk and back of curb and planted to the following standards, as
approved by the Planning and Development Department.
a. Minimum 2-inch caliper large canopy shade trees planted a minimum of 25
feet on center or in equivalent groupings.
b. Minimum 5-gallon shrubs providing 75% live cover 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.
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.
The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor International Airport to future
owners or tenants of the property. The form and content of such documents shall
be approved by the Planning and Development Department.
11.
The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction analysis
review process, prior to construction permit approval, as per plans approved by
the Planning and Development Department.
12.
If determined necessary by the Phoenix Archeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
13.
If Phase I data testing is required, and if, upon review of the results from Phase I
data testing, the City Archeologist, in consultation with a qualified archeologist,
determines such data recovery excavations are necessary, the applicant shall
conduct Phase II archeological data recovery excavations.
14.
In the event archeological 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 Archeologist, and allow time for the
Archeology Office to properly assess the materials.
15. 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 11th day of May, 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 (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-78-21-8
That portion the Northeast quarter of Section 36, Township 1 North, Range 2 East of the
Gila and Salt River Base and Meridian, Maricopa County, Arizona, being a portion of Lot
1 as said lot is shown on the plat entitled "QUIK.TRIP #434" recorded on February 7,
2008, in Book 971, of Maps, at page 20, Maricopa County Records, described as
follows:
Commencing at a found City of Phoenix brass cap in a hand hole at the Northeast
Comer of said Section 36, from which a found City of Phoenix brass cap in a hand hole
at the North quarter comer of said Section 36 bears South 89 degrees 42 minutes 54
seconds West, a distance of 2627.47 feet;
Thence South 89 degrees 42 minutes 54 seconds West, along the North line of said
Northeast quarter of Section 36, a distance of 632.01 feet;
Thence South 00 degrees 06 minutes 02 seconds West, a distance of 55.00 feet, to a
point on the South right-of-way line of Southern Avenue, said point also being the True
Point of Beginning; Thence North 89°42'54" East, along a line parallel with, and 55.00
feet South of said North line, a distance of 256.38 feet;
Thence South 00°17'06" East, a distance of371.33 feet; Thence South 89°42'54" West,
a distance of 103.I 7 feet; Thence South 45°05'48" West, a distance of 220.22 feet; to a
PK nail w/ tag "LS 37172", Thence North 00°06'02" East, a distance of 526.02 feet to
the True Point of Beginning.
Containing 107,703 square feet, or 2.473 acres of land, more or less.
That portion the Northeast quarter of section 36, Township 1 North, Range 2 East of the
Gila and Salt River Base and Meridian, Maricopa County, Arizona, being a portion of Lot
1 as said lot is shown on the plat entitled "QUIKTRIP #434" recorded on February 7,
2008, in Book 971, of Maps, at page 20, Maricopa County Records, described as
follows:
Commencing at a found City of Phoenix brass cap in a hand hole at the Northeast
Comer of said Section 36, from which a found City of Phoenix brass cap in a hand hole
at the North quarter comer of said Section 36 bears South 89 degrees 42 minutes 54
seconds West, a distance of 2627.47 feet; Thence South 00 degrees 06 minutes 02
seconds West, along the East line of said Northeast quarter of Section 36, a distance of
581.01 feet;
Thence South 89 degrees 42 minutes 54 seconds West, a distance of 50.00 feet, to a
point on the West right-of-way line of 19th Avenue, said point also being the True Point
of Beginning; Thence South 89°42'54" West, a distance of 582.02 feet; to a PK nail w/
tag "LS 37172" Thence North 45°05'48" East, a distance of 220.22 feet;
Thence North 89°42'54" East, a distance of 103.17 feet; Thence North 00°17'06" West,
a distance of 126.93 feet;
Thence North 89°42'54" East, a distance of 324.00 feet to a point on said West right-of-
way line of 19th Avenue, which lies 50.00 feet West of the East Line of said Northeast
quarter of Section 36; Thence South 00°06'02" West, along a line parallel with, and
50.00 feet West of said East line, a distance of 281.61 feet to the True Point of
Beginning.
Containing 119,054 square feet, or 2.733 acres of land, more or less.