Attachment A - Draft Ordinance - Z-75-21-2.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-75-21-2) FROM C-2 M-R NBCOD
(INTERMEDIATE COMMERCIAL, MID-RISE, NORTH BLACK
CANYON OVERLAY DISTRICT), CP/GCP M-R PCD NBCOD
(COMMERCE PARK/GENERAL COMMERCE PARK, MID-RISE,
PLANNED COMMUNITY DISTRICT, NORTH BLACK CANYON
OVERLAY DISTRICT), AND CP/GCP M-R NBCOD (COMMERCE
PARK/GENERAL COMMERCE PARK, MID-RISE, NORTH BLACK
CANYON OVERLAY DISTRICT) TO C-2 NBCOD
(INTERMEDIATE COMMERCIAL, NORTH BLACK CANYON
OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.26-acre site located approximately 460 feet
south of the southwest corner of North Valley Parkway and Dove Valley Road in a
portion of Section 13 and 14, Township 5 North, Range 2 East, as described more
specifically in Exhibit “A,” is hereby changed from 0.60 acres of “C-2 M-R NBCOD”
(Intermediate Commercial, Mid-Rise, North Black Canyon Overlay District), 0.48 acres
of “CP/GCP M-R PCD NBCOD” (Commerce Park/General Commerce Park, Mid-Rise,
Planned Community District, North Black Canyon Overlay District), and 0.18 acres of
“CP/GCP M-R NBCOD” (Commerce Park/General Commerce Park, Mid-Rise, North
Black Canyon Overlay District), to “C-2 NBCOD” (Intermediate Commercial, North Black
Canyon Overlay 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 site plan date
stamped November 22, 2021, as modified by the following stipulations and
approved by the Planning and Development Department.
2.
All elevations of the building shall contain a minimum of three building
materials as well as architectural embellishments and detailing such as textural
changes, pilasters, offsets, recesses, variation in window size and location,
and/or overhang canopies, as approved by the Planning and Development
Department.
3.
All buildings, wall colors, and materials shall be in compliance with the North
Black Canyon Overlay District with specific regard to colors being muted and
blending, rather than contrasting strongly, with the surrounding desert
environment, as approved by the Planning and Development Department.
4.
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.
5.
Where pedestrian pathways cross drive aisles, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave parking surfaces and drive aisles, as
approved by the Planning and Development Department.
6.
A minimum of 75 percent of pedestrian pathways and sidewalks shall be
shaded by a structure, landscaping at maturity, or a combination of the two, as
approved by the Planning and Development Department.
7.
A minimum of two inverted U-bicycle spaces for guests or employees shall be
provided on site and installed per the requirements of Section 1307.H of the
Zoning Ordinance, as approved by the Planning and Development Department.
8.
Median openings along North Valley Parkway are prohibited unless otherwise
approved by the Street Transportation Department.
9.
The developer shall provide conduit and junction boxes at the northwest corner
of the southern (east/west) collector street and North Valley Parkway for future
traffic signal equipment, as approved by the Street Transportation Department.
10.
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.
11.
If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeology survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
12.
If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determine such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
13.
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.
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 6th day of April, 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-75-21-2
LEGAL DESCRIPTION – LOT 2
A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 5 NORTH, RANGE 2 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14;
THENCE SOUTH 00 DEGREES 21 MINUTES 42 SECONDS EAST, ALONG THE
EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 456.50 FEET TO A
POINT ON THE WESTERLY RIGHT OF WAY LINE OF NORTH VALLEY PARKWAY,
BEING A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST
HAVING A RADIUS OF 1502.39 FEET, THE CENTER OF WHICH BEARS NORTH 72
DEGREES 04 MINUTES 45 SECONDS EAST SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE
THROUGH A CENTRAL ANDLE OF 00 DEGREES 15 MINUTES 52 SECONDS AN
ARC LENGTH OF 6.93 FEET;
THENCE LEAVING SAID RIGHT OF WAY SOUTH 67 DEGREES 24 MINUTES 32
SECONDS WEST, A DISTANCE OF 75.74 FEET;
THENCE SOUTH 89 DEGREES 38 MINUTES 10 SECONDS WEST, A DISTANCE OF
58.80 FEET;
THENCE SOUTH 00 DEGREES 21 MINUTES 44 SECONDS EAST, A DISTANCE OF
218.67 FEET TO A POINT ON THE PROPOSED NORTH RIGHT OF WAY LINE OF
COMMITMENT WAY, SAID POINT ALSO BEING THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 470.00,
THE CENTER OF WHICH BEARS NORTH 00 DEGREES, 00 MINUTES 03 SECONDS
WEST;
THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE
THROUGH A CENTRAL ANGLE OF 23 DEGREES 14 MINUTES 23 SECONDS AN
ARC LENGTH OF 190.64 FEET;
THENCE NORTH 13 DEGREES 25 MINUTES 50 SECONDS EAST, A DISTANCE OF
37.75 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF NORTH
VALLEY PARKWAY TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
TO THE NORTHEAST HAVING A RADIUS OF 1502.39 FEET, THE CENTER OF
WHICH BEARS NORTH 65 DEGREES 18 MINUTES 29 SECONDS EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE
THROUGH A CENTRAL ANGLE OF 06 DEGREES 46 MINUTES 16 SECONDS AN
ARC LENGTH OF 177.55 FEET TO THE TRUE POINT OF BEGINNING.
COMPRISING 36,557.01 SF OR 0.8392 AC, MORE OR LESS.