Attachment A - Draft Ordinance - Z-34-23-5.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 (Z-34-23-5) FROM R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 0.49-acre property located at the northeast
corner of 32nd Avenue and Glendale Avenue in a portion of Section 2, Township 2
North, Range 2 East, as described more specifically in Exhibit “A,” is hereby changed
from “R1-6” (Single-Family Residence District) to “PUD” (Planned Unit Development).
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.
An updated Development Narrative for The Plaza on 32nd PUD reflecting the
changes approved through this request shall be submitted to the Planning and
Development Department within 30 days of City Council approval of this request.
The updated Development Narrative shall be consistent with the Development
Narrative date stamped December 1, 2023, as modified by the following
stipulations:
a.
Front cover: Revise the submittal date information on the bottom to add
the following: Hearing draft submittal: December 1, 2023; City Council
adopted: [Add adoption date].
b.
Pages 4, 12, and 13; Move the Crime Prevention Through Environmental
Design Section on page 4 to pages 12 and/or 13 Section E. Design
Guidelines, under the Site Lighting section.
2.
A minimum 50-feet of right-of-way shall be dedicated for the north side of
Glendale Avenue, adjacent to the development.
3.
All streets within and adjacent to the development shall be constructed 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.
4.
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.
5.
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. This stipulation shall not be applicable if
the property is owned by the City of Phoenix.
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 February,
2024.
________________________________
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 (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-34-23-5
WITHIN A PORTION OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 2 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOT 174, AND THE SOUTH 3 FEET OF LOT 175, NORTHVIEW ACRES UNIT 3,
ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE MARICOPA
COUNTY RECORDER IN BOOK 36 OF MAPS, PAGE 34;
EXCEPT THE SOUTH 11 FEET OF LOT 174;
AND EXCEPT THAT PART OF SAID LOT 174, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 174 WITH
THE NORTH LINE OF THE SOUTH 11 FEET THEREOF;
THENCE SOUTHEASTERLY TO A POINT IN SAID NORTH LINE WHICH IS 5 FEET
EAST OF THE POINT OF BEGINNING.