Attachment A - Draft Ordinance - Z-SP-2-20-8.pdf
Extracted text (via pymupdf)
7554 characters
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-SP-2-20-8) FROM C-2 FCOD RSIOD (INTERMEDIATE
COMMERCIAL, FOUR CORNERS OVERLAY DISTRICT, RIO
SALADO INTERIM OVERLAY DISTRICT) TO C-2 SP FCOD
RSIOD (INTERMEDIATE COMMERCIAL, SPECIAL PERMIT,
FOUR CORNERS OVERLAY DISTRICT, RIO SALADO INTERIM
OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.29 acre site located at the northwest
corner of 25th Street and Broadway Road in a portion of Section 23, Township 1 North,
Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from “C-
2 FCOD RSIOD” (Intermediate Commercial, Four Corners Overlay District, Rio Salado
Interim Overlay District) to “C-2 SP FCOD RSIOD” (Intermediate Commercial, Special
Permit, Four Corners Overlay District, Rio Salado Industrial 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 sidewalk along Broadway Road shall be a minimum of 10-feet-wide and
detached with a minimum 6-foot-wide landscape area between the sidewalk
and the back of curb and a minimum 8-foot-wide landscape area on the north
side of the sidewalk, planted with minimum 3-inch caliper single trunk shade
trees planted a minimum of 20 feet on center or in equivalent groupings along
both sides of the sidewalk, as approved by the Planning and Development
Department.
2
The sidewalk along 25th Street shall be detached with a minimum 5-foot-wide
landscaped strip located between the sidewalk and back of curb and shall
include minimum 3-inch caliper single trunk shade trees planted a minimum of
20 feet on center or in equivalent groupings along both sides of the sidewalk,
as approved by the Planning and Development Department.
3.
The bus stop pad on Broadway Road and the detached sidewalks on both 25th
Street and Broadway Road shall be shaded a minimum of 50 percent using
shade trees, as approved by the Planning and Development Department.
4.
Pedestrian pathways connecting the site to the adjacent streets shall be
shaded a minimum of 75 percent using shade trees and architectural shade, as
approved by the Planning and Development Department.
5.
The developer shall plant shade trees in and around the parking area to
provide shade for 50 percent of the parking area, as approved by the Planning
and Development Department.
6.
A minimum of two inverted-U bicycle racks shall be provided near building
entries and installed per the requirements of Section 1307.H. of the Phoenix
Zoning Ordinance, as approved by the Planning and Development Department.
7.
The developer shall provide clearly defined, accessible pathways constructed
of decorative pavers, stamped or colored concrete, or other pavement
treatments that visually contrast with the adjacent parking and drive aisles
surfaces. The pathways shall connect all building entrances and exits, the bus
stop pad, and all public sidewalks utilizing the minimum possible distance and
providing the most direct route, as approved by the Planning and Development
Department.
8.
The developer shall provide traffic calming measures at vehicular points of
ingress and egress to slow vehicles departing the development, as approved
by the Planning and Development Department.
9.
The developer shall dedicate right-of-way and construct one bus stop pad
along westbound Broadway Road west of 25th Street. Bus stop pad shall be
constructed according to City of Phoenix Standard Detail P1262 with a
minimum depth of 10 feet. Bus stop pad shall be spaced from the intersection
of 25th Street and Broadway Road according to City of Phoenix Standard
Detail P1258.
10.
The developer shall dedicate a sidewalk easement that is a minimum of 10 feet
wide along Broadway Road as approved by the Street Transportation
Department and the Planning and Development Department.
11.
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.
12.
The developer shall record a Notice to Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Sky Harbor International Airport (PHX) to future owners or tenants of
the property. The form and content of such documents shall be according to the
templates and instructions provided which have been viewed and approved by
the City Attorney.
13.
The developer shall provide documentation to the City prior to construction
permit approval that Form 7460-1 has been filed for the development and that
the development received a “No Hazard Determination” from the FAA. If
temporary equipment used during construction exceeds the height of the
permanent structure a separate Form 7460-1 shall be submitted to the FAA
and a “No Hazard Determination” obtained prior to the construction start date.
14.
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.
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 24th day of June,
2020.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-SP-2-20-8
A RE-PLAT OF LOTS 11 THROUGH 16, INCLUSIVE, “NORTH BROADWAY
ESTATES UNIT ONE” AS RECORDED IN BOOK 41, PAGE 17, MARICOPA COUNTY
RECORDS A ONE LOT COMMERCIAL SUBDIVISION BEING A PORTION OF THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 3 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN MARICOPA COUNTY,
ARIZONA.