Ordinance with Map

ORDINANCE NO. ______
AN ORDINANCE AMENDING SECTION 11-3-2, OFFICIAL ZONING DISTRICT
MAP AND DISTRICT BOUNDARIES, OF THE MESA CITY CODE, CHANGING
THE ZONING OF CERTAIN PROPERTY DESCRIBED IN ZONING CASE ZON24-
00708 APPROXIMATELY 270 FEET EAST OF THE NORTHEAST CORNER OF
SOUTH POWER ROAD AND EAST GUADALUPE ROAD. (5.0± ACRES). REZONE
5.0+ ACRES FROM LIMITED COMMERCIAL WITH A PLANNED AREA
OVERLAY (LC-PAD) TO MULTIPLE RESIDENCE-3 WITH A PLANNED AREA
DEVELOPMENT OVERLAY (RM-3-PAD); SITE PLAN REVIEW FOR A 78-LOT
ATTACHED SINGLE RESIDENCE DEVELOPMENT; AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESA:
Section 1: That Section 11-3-2, Official Zoning Map and District Boundaries, of the Mesa Zoning
Ordinance is hereby amended by adopting the Official Supplementary Zoning Map for Zoning Case
ZON24-00708 signed by the Mayor and City Clerk, which accompanies and is attached to this
ordinance, and declared a part hereof.
Section 2: The Official Supplementary Zoning Map attached hereto is adopted subject to compliance
with the following conditions:
1. Compliance with the final site plan and plotting matrix as submitted.
2. Compliance with all requirements of Design Review Case No. DRB24-00707.
3. Execute and comply with the Development Agreement (DA24-00052), and all future
amendments.
4. Prior to the issuance of any building permit, obtain approval of a Preliminary Plat and obtain
approval of and record a Final Plat.
5. Compliance with all applicable City development codes and regulations.
6. Installation of all off-site improvements and street frontage landscaping during the first phase of
construction.
7. Compliance with all requirements of Chapter 19 of the Zoning Ordinance including:
a. Owner must execute the City’s standard Avigation Easement and Release for Phoenix-
Mesa Gateway Airport prior to or concurrently with the recordation of the final
subdivision map or the issuance of a building permit, whichever occurs first.
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b. Due to the proximity to Phoenix-Mesa Gateway Airport, any proposed permanent or
temporary structure, as required by the FAA, is subject to an FAA filing for review in
conformance with CFR Title 14 Part 77 (Form 7460) to determine any effect to navigable
airspace and air navigation facilities. A completed form with a response by the FAA must
accompany any building permit application for structure(s) on the property.
c. Prior to the issuance of any building permit, provide documentation by a registered
professional engineer or registered professional architect demonstrating compliance with
the noise level reductions required in Section 11-19-5 of the Mesa Zoning Ordinance.
d. Provide written notice to future property owners that the project is within three miles of
Phoenix-Mesa Gateway Airport.
e. All final subdivision plats must include a disclosure notice in accordance with Section
11-19-5(C) of the Zoning Ordinance which must state in part: “This property, due to its
proximity to Phoenix-Mesa Gateway Airport, will experience aircraft overflights, which
are expected to generate noise levels that may be of concern to some individuals.”
8. Compliance with all City development codes and regulations, except the modifications to the
development standards as approved with this PAD overlay as shown in the following table(s):
The following table includes deviations for the overall property:
Development Standards MZO Required PAD Proposed
Fences and Freestanding Walls Maximum
Height – MZO Section 11-30-4(A)(1)(a):
- Front Yards and Required Side Yards 3.5 feet 6 feet (existing chain
(Guadalupe Road): link fence to remain)
Screening – Parking Areas –
MZO Section 11-30-9(H): Parking areas and drive Drive aisles will not be
aisles shall be screened screened from
from street(s) with Guadalupe Road
masonry wall, berm or
combination of
walls/berms and densely
planted landscaping or
"vertical wire trellis
panels". No more than 40
percent of the screening
shall be accomplished with
dense landscaping
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The following table includes deviations for the individual lots:
“Front to Back”
“Side by Side” Units
Development Standards MZO Required Units
PAD Proposed
PAD Proposed
Minimum Lot Area –
6,000 square feet 1,575 square feet 1,984 square feet
MZO Table 11-5-5:
Minimum Lot Depth –
94 feet 63 feet 64 feet
MZO Table 11-5-5:
Maximum Lot Coverage –
70% 83% 88%
MZO Table 11-5-5:
Minimum Yards –
MZO Table 11-5-5:
- Front and Street-Face Side: 20 feet 3 feet, 6-inches to 12 feet to livable and
garage and livable 18 feet to garage
- Rear: 1 or 2 units on lot:
15 feet 9 feet, 6-inches 0 feet
Maximum Building Coverage
– MZO Table 11-5-5: 50% 69% 53%
Setback adjacent to RS
District –
MZO Section 11-5- 30 feet 10 feet, 8-inches NA
5(A)(1)(a): (minimum 15 feet
- North Property Line: per story) Meets Code
30 feet 9 feet, 5-inches
- East Property Line: (minimum 15 feet
per story)
Attached Single Residences,
End Units –
MZO Section 11-5-
5(A)(1)(c)(i): 10 feet 4 feet NA
Meets Code
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“Front to Back”
“Side by Side” Units
Development Standards MZO Required Units
PAD Proposed
PAD Proposed
Attached Single Residences,
Minimum Setback for
Building Not Placed on a
Zero-Setback Line –
MZO Section 11-5-
5(A)(1)(c)(ii): 10 feet 4 feet 0 feet (units adjacent
to common open space
area)
Additional Standards for
Private Open Space,
Accessibility and Location –
MZO Section 11-5-
5(A)(3)(e)(i)(1):
- Minimum dimension for 10 feet 9 feet, 5 inches NA
ground level private open
space: Meets Code
Additional Standards for
Private Open Space,
Accessibility and Location –
MZO Section 11-5-
5(A)(3)(e)(ii):
- Minimum percent of At least 50% of 42% (50 square feet) 0% of 120 square feet
covered private open 120 square feet of 120 square feet
space:
Site Planning and Design
Standards, Building Entrance,
– MZO Section 11-5-
5(B)(3)(c):
Projection or Recess –
Unit entrance dimensions
for roofed projection or
recess: 5 feet 3.5 feet 3.5 feet
- Minimum depth:
50 square feet 25 square feet 25.4 square feet
- Minimum horizontal
area:
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“Front to Back”
“Side by Side” Units
Development Standards MZO Required Units
PAD Proposed
PAD Proposed
Site Planning and Design
Standards, Access,
Circulation and Parking, –
MZO Section 11-5-
5(B)(4)(f)(ii):
- Attached Garages, Multi- At least 3 feet At least 2 feet from NA
Story Buildings – Garage from upper story upper story facade
doors located below upper façade Meets Code
story living space shall be
recessed:
Section 3: PENALTY.
CIVIL PENALTIES:
A. Any owner, occupant or responsible party who is found responsible for a civil violation of this
Ordinance, whether by admission, default, or after a hearing, shall pay a civil sanction of not less
than $150 or more than $1,500, per citation. A second finding of responsibility within 24 months of
the commission of a prior violation of this Ordinance shall result in a civil sanction of not less than
$250 or more than $2,500. A third finding of responsibility within 36 months of the commission of
a prior violation of this Ordinance shall result in a civil sanction of not less than $500 or more than
$2,500. In addition to the civil sanction, the responsible party shall pay the applicable fees and
charges set forth in the City’s Development and Sustainability Department (Code Compliance)
Schedule of Fees and Charges, and may be ordered to pay any other applicable fees and charges.
B. The 36 month provision described above of this Section shall be calculated by the dates the
violations were committed. The owner, occupant, or responsible party shall receive the enhanced
sanction upon a finding of responsibility for any violation of this Chapter that was committed within
36 months of the commission of another violation for which the owner or responsible party was
convicted or was otherwise found responsible, irrespective of the order in which the violations
occurred or whether the prior violation was civil or criminal.
C. Each day in which a violation of this Ordinance continues, or the failure to perform any act or duty
required by this Ordinance or by the Civil Hearing Officer continues, shall constitute a separate civil
offense.
HABITUAL OFFENDER:
A. A person who commits a violation of this Ordinance after previously having been found responsible
for committing three (3) or more civil violations of this Ordinance within a twenty-four (24) month
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period – whether by admission, by payment of the fine, by default, or by judgment after hearing –
shall be guilty of a class 1 criminal misdemeanor. The Mesa City Prosecutor is authorized to file a
class 1 criminal misdemeanor complaint in the Mesa City Court against habitual offenders. For
purposes of calculating the twenty-four (24) month period under this Subsection, the dates of the
commission of the offenses are the determining factor.
B. Upon conviction of a violation of this Section, the Court may impose a sentence of incarceration not
to exceed six (6) months in jail; or a fine not to exceed two thousand five hundred dollars ($2,500.00),
exclusive of penalty assessments prescribed by law; or both such fine and imprisonment. The Court
shall order a person who has been convicted of a violation of this Section to pay a fine of not less
than five hundred dollars ($500.00) for each count upon which a conviction has been obtained. A
judge shall not grant probation to or suspend any part or all of the imposition or execution of a
sentence required by this Subsection except on the condition that the person pay the mandatory
minimum fines as provided in this paragraph.
C. Every action or proceeding under this Section shall be commenced and prosecuted in accordance
with the laws of the State of Arizona relating to criminal misdemeanors and the Arizona Rules of
Criminal Procedure.
Passed and adopted by the City Council of the City of Mesa, on ________(day) ___(month), 2026.
__________________________________
Mark Freeman, Mayor
Attest:
__________________________________
Holly, Moseley, City Clerk
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