Attachment A - Draft Ordinance - Z-36-20.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 ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN (CASE
Z-36-20-2) FROM C-2 (PENDING C-2 SP) (INTERMEDIATE
COMMERCIAL, PENDING INTERMEDIATE COMMERCIAL,
SPECIAL PERMIT) TO C-2 SP HGT/WVR (INTERMEDIATE
COMMERCIAL, SPECIAL PERMIT, HEIGHT WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.45-acre site located on the northwest corner
of 32nd Street and Paradise Lane in a portion of Section 2, Township 3 North, Range 3
East, as described more specifically in Exhibit “A”, is hereby changed from “C-2 (Pending
C-2 SP)” (Intermediate Commercial, Pending Intermediate Commercial, Special Permit) to
“C-2 SP HGT/WVR” (Intermediate Commercial, Special Permit, Height Waiver) to allow a
height waiver for a self-service storage facility and all underlying C-2 uses.
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 building height shall not exceed 3 stories and 30 feet.
2.
The development shall be in general conformance with the elevations date
stamped October 1, 2020, as approved by the Planning and Development
Department.
3.
No exterior roll up doors shall be permitted for individual storage units.
4.
A minimum building setback of 52 feet shall be provided along the west
property lines, abutting residential zoning.
5.
A minimum 15-foot landscape setback shall be provided along the west
property line and shall include shade trees placed 20 feet on center or in
equivalent groupings. Twenty-five percent of the trees shall be minimum 4-inch
caliper and 75 percent of the trees shall be minimum 3-inch caliper, as
approved by the Planning and Development Department.
6.
A minimum of two inverted-U bicycle racks for employees or visitors shall be
provided near a publicly accessible entrance to the building and installed per
the requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department.
7.
All sidewalks shall be detached with a minimum 5-foot-wide landscape area
located between the sidewalk and back of curb and planted to the following
standards, as approved by the Planning and Development Department.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions with a pedestrian
environment.
a.
Minimum 3-inch caliper large canopy, single-trunk, shade trees placed
a minimum of 25 feet on center or in equivalent groupings to provide a
minimum of 75 percent shade on adjacent sidewalks.
b.
Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75 percent live
coverage at maturity.
c.
Provide seasonal shade, sun and temperature regulation through
vegetative or structural shade elements at the corner of 32nd Street
and Paradise Lane to allow pedestrians to wait comfortably for the
signal to change, as approved by the Planning and development
Department.
8.
The developer shall plant shade trees in and around the parking area to
provide shade for 25 percent of the parking area at maturity, as approved by
the Planning and Development Department.
9.
A 6-foot high decorative wall shall be constructed along the west property line
adjacent to residential uses. The wall shall consist of solid masonry or similar
material and shall include material and textural differences, such as stucco
and/or split face block with a decorative element, such as tile or stamped
designs, as approved by the Planning and Development Department.
10.
The developer shall provide traffic calming measures at all site entries and
exits to slow down vehicular speeds as they approach sidewalks, as approved
by the Planning and Development Department.
11.
Provide windows at the hard corner of 32nd Street and Paradise Lane on the
east elevations, as depicted on the Elevations date stamped September 15,
2020 and as approved by the Planning and Development Department.
12.
The developer shall dedicate a 10-foot sidewalk easement for the west side of
32nd Street.
13.
Cleary defined, accessible pedestrian pathways constructed of decorative
pavers, stamped or colored concrete or another material, other than those
used to pave the parking surfaces and drive aisles shall be provided
connecting the primary building entrance and all public sidewalks utilizing the
minimum possible distance and providing the most direct route, as approved
by the Planning and Development Department.
14.
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.
15.
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.
16.
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 4th day of November
2020.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-36-20-2
THAT PORTION OF LOT 25, KAY ACRES UNIT 3, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 45 OF MAPS, PAGE 21, LOCATED IN THE NORTHEAST
QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 3 EAST, GILA AND SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA LYING EAST OF THE LINE
DESCRIBED BELOW:
LEGAL DESCRIPTION FOR LOT 1
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
THAT PART OF LOT 25, KAY ACRES UNIT 3, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 45 OF MAPS, PAGE 21, MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 25;
THENCE SOUTH 89°46'04" EAST ALONG THE NORTH LINE OF SAID LOT 25 A
DISTANCE OF 294.54 FEET TO THE NORTHEAST CORNER OF SAID LOT 25 AND TO
THE WEST RIGHT-OF-WAY LINE OF 32ND STREET;
THENCE SOUTH 00°05'00" WEST ALONG THE EAST LINE OF SAID LOT 25 AND THE
WEST RIGHT-OF-WAY LINE OF 32ND STREET A DISTANCE OF 129.53 FEET TO A
POINT ON A LINE THAT IS PARALLEL WITH THE NORTH LINE OF SAID LOT 25;
THENCE NORTH 89°46'04" WEST ALONG A LINE THAT IS PARALLEL WITH THE
NORTH LINE OF SAID LOT 25, A DISTANCE OF 98.91 FEET; THENCE NORTH
00°13'56" EAST A DISTANCE OF 7.25 FEET TO A POINT ON A LINE THAT IS
PARALLEL WITH THE NORTH LINE OF SAID LOT 25;
THENCE NORTH 89°46'04" WEST ALONG A LINE THAT IS PARALLEL WITH THE
NORTH LINE OF SAID LOT 25, A DISTANCE OF 195.64 FEET TO A POINT ON THE
WEST LINE OF SAID LOT 25;
THENCE NORTH 00°04'38" EAST ALONG THE WEST LINE OF SAID LOT 25, A
DISTANCE OF 122.28 FEET TO THE NORTHWEST CORNER OF SAID LOT 25 AND TO
THE POINT OF BEGINNING.
LEGAL DESCRIPTION FOR LOT 2
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
THAT PART OF LOT 25, KAY ACRES UNIT 3, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 45 OF MAPS, PAGE 21, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 25;
THENCE SOUTH 89°46’04" EAST ALONG THE NORTH LINE OF SAID LOT 25 A
DISTANCE OF 294.54 FEET TO THE NORTHEAST CORNER OF SAID LOT 25 AND TO
THE WEST RIGHT-OF-WAY LINE OF 32ND STREET;
THENCE SOUTH 00°05'00" WEST ALONG THE EAST LINE OF SAID LOT 25 AND THE
WEST RIGHT-OF-WAY LINE OF 32ND STREET A DISTANCE OF 129.53 FEET TO A
POINT ON A LINE THAT IS PARALLEL WITH THE NORTH LINE OF SAID LOT 25 AND
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00°05'00" WEST ALONG THE EAST LINE OF SAID
LOT 25 AND THE WEST RIGHT-OF-WAY LINE OF 32ND STREET, A DISTANCE OF
144.00 FEET TO A POINT THAT IS 17.00 FEET FROM THE SOUTHEAST CORNER OF
SAID LOT 25;
THENCE SOUTH 45°10'38" WEST A DISTANCE OF 24.00 FEET TO THE SOUTH LINE
OF SAID LOT 25 AND THE NORTH RIGHT-OF-WAY LINE OF PARADISE LAND ALSO
BEING 17.00 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 25;
THENCE NORTH 89°43’44" WEST ALONG THE SOUTH LINE OF SAID LOT 25 AND
THE NORTH RIGHT- OF-WAY LINE OF PARADISE L4NE A DISTANCE OF 277.51
FEET TO THE SOUTHWEST CORNER OF SAID LOT 25;
THENCE NORTH 00°04'38" EAST ALONG THE WEST LINE OF SAID LOT 25 A
DISTANCE OF 168.05 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH THE
NORTH LINE OF SAID LOT 25;
THENCE SOUTH 89°46'04" EAST ALONG A LINE THAT IS PARALLEL WITH THE
NORTH LINE OF SAID LOT 25 A DISTANCE OF 195.64 FEET;
THENCE SOUTH 00°13'56" WEST A DISTANCE OF 7.25 FEET TO A POINT ON A LINE
THAT IS PARALLEL WITH THE NORTH LINE OF SAID LOT 25;
THENCE SOUTH 89°46'04" EAST ALONG A LINE THAT IS PARALLEL WITH THE
NORTH LINE OF SAID LOT 25, A DISTANCE OF 98.91 FEET TO THE TRUE POINT OF
BEGINNING.