Attachment A - Draft Ordinance - Z-157-24-3.doc
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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-157-24-3) FROM C-2 SP (INTERMEDIATE
COMMERCIAL, SPECIAL PERMIT) TO C-3 (GENERAL
COMMERCIAL).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.38-acre site located approximately 1,080
feet north of the northeast corner of the I-17 Freeway and Thunderbird Road in a portion
of Section 12, Township 3 North, Range 2 East, as described more specifically in
Exhibit “A,” is hereby changed from “C-2 SP” (Intermediate Commercial, Special Permit)
to “C-3” (General Commercial).
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.
Parking lot landscaping within the subject site shall be restored in accordance
with the Standards outlined in Section 624.E.4.e of the Phoenix Zoning
Ordinance.
2.
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.
3.
Prior to final 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.
4.
Site lighting shall be provided in the parking lot and/or along the drainage
easement to illuminate the drainage easement along the north property line, as
approved by the Planning and Development Department.
5.
Equipment rental located in parking areas adjacent to the drainage easement
shall be screened with minimum 2-inch caliper, large canopy, shade trees
planted 20 feet on center, or in equivalent groupings, as approved by the
Planning and Development Department. When possible, existing trees and
landscaping shall be used to meet the landscaping requirement.
6.
A minimum of one sign shall be erected in the parking area directing equipment
rental traffic to exit the site via the frontage road, as approved by the Planning
and Development Department.
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 7th day of May, 2025.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, 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-157-24-3
A PORTION OF PARCEL 6 OF "THUNDERBIRD PAVILIONS" RECORDED IN BOOK
386 OF MAPS, PAGE 29, RECORDS OF MARICOPA COUNTY, ARIZONA LOCATED
IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 2
EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 6;
THENCE ALONG THE WEST LINE OF SAID PARCEL 6, SOUTH 00°20'45" WEST, A
DISTANCE OF 59.75 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHERLY WHOSE RADIUS BEARS SOUTH 00°55'11" WEST, A DISTANCE OF
477.00 FEET AND THE POINT OF BEGINNING;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT
THROUGH A CENTRAL ANGLE OF 42°34'13", AN ARC LENGTH OF 354.40 FEET
TO THE BEGINNING OF A REVERSE CURVE WHOSE RADIUS BEARS NORTH
33°28'47" EAST, A DISTANCE OF 570.76 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH
A CENTRAL ANGLE OF 50°07'53", AN ARC LENGTH OF 499.39 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS BEARS
NORTH 60°29'08" EAST, A DISTANCE OF 570.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT,
THROUGH A CENTRAL ANGLE OF 12°42'09", AN ARC LENGTH OF 126.37 FEET;
THENCE SOUTH 48°46'05" WEST, A DISTANCE OF 63.87 FEET;
THENCE NORTH 38°49'44" WEST, A DISTANCE OF 55.12 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHERLY WHOSE RADIUS BEARS
SOUTH 46°14'35" WEST, A DISTANCE OF 12.78 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT,
THROUGH A CENTRAL ANGLE OF 52°27'16", AN ARC LENGTH OF 11.70 FEET;
THENCE SOUTH 77°23'47" WEST, A DISTANCE OF 104.80 FEET;
THENCE SOUTH 53°41'30" WEST, A DISTANCE OF 149.71 FEET;
THENCE NORTH 35°45'26" WEST, A DISTANCE OF 146.82 FEET;
THENCE SOUTH 54°08'28" WEST, A DISTANCE OF 197.12 FEET;
THENCE NORTH 35°45'26" WEST, A DISTANCE OF 146.08 FEET;
THENCE NORTH 54°06'15" EAST, A DISTANCE OF 141.21 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS BEARS
NORTH 28°41'18" EAST, A DISTANCE OF 611.67 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT
THROUGH A CENTRAL ANGLE OF 18°45'14", AN ARC LENGTH OF 200.21 FEET
TO THE BEGINNING OF A REVERSE CURVE WHOSE RADIUS BEARS SOUTH
27°29'22" WEST, A DISTANCE OF 403.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT THROUGH
A CENTRAL ANGLE OF 25°49'51", AN ARC LENGTH OF 181.68 FEET TO THE
WEST LINE OF SAID PARCEL 6;
THENCE ALONG SAID WEST LINE, NORTH 18°26'47" WEST, A DISTANCE OF
28.63 FEET;
THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00°20'45" EAST, A
DISTANCE OF 10.25 FEET TO THE POINT OF BEGINNING.