CITYWIDE
ORDINANCE G-5217 -
Z-TA-16-07 -
MIXED USE AGRICULTURAL (MUA) DISTRICT TEXT AMENDMENT
Request to hold a public hearing and uphold the recommendation of the Planning Commission and adopt the related ordinance for the following item:
Application:
Z-TA-16-07
Proposal:
Amend Section 649 (MUA) of the Zoning Ordinance to allow for additional uses, additional design standards, and modification of current development standards.
Applicant:
City of Phoenix Planning Department
Staff:
Approved.
VPC Action:
South Mountain - May 13, 2008 - Approved. Vote 12-0
PC Action:
June 11, 2008 - Approved per the language in Attachment A of the staff report as modified by the June 11, 2008 memo. Vote 8-0
Planning Commission modifications are denoted by
double strikethroughsand thick underlines.
Proposed Language
A.
Purpose and Intent. The Mixed Use Agricultural District is intended to help preserve the character of agricultural areas of Phoenix while allowing appropriate development, INCLUDING COMPATIBLE COMMERCIAL USES, which will reflect and enhance that character. Although it is unrealistic as the City develops to expect all agricultural property to continue functioning with the purely agricultural uses permitted in other zoning districts, it is possible to maintain an agricultural/rural environment in designated areas; accomplishing this requires a mixture of uses and special development and design standards which are more restrictive in some ways and more flexible in other ways than the traditional suburban ranch districts. This district encourages new development which is consistent with the traditional design of a rural and agricultural area through special design and use standards; it supports maximum preservation of existing plant materials and the agricultural character of the district, WHILE ALLOWING ADDITIONAL COMMERCIAL AND OFFICE USES TO INCREASE THE ECONOMIC VIABILITY OF THE DISTRICT WITHIN THE EVOLVING URBANIZING CHARACTER OF PHOENIX.
B.
Applicability. The MUA district is a zoning district available for rezoning of property designated as mixed use agricultural on the General Plan for Phoenix Land Use Map.
C.
Permitted Primary Uses. the following uses are permitted
Land in the MUA district may be used as permitted primary uses only for the following purposesin accordance with the regulations and special standards established below:
1.
Aviary.
2.
Farms devoted (as applicable) to hatching, raising, breeding, and marketing of chickens, turkeys, other fowl, horses, dogs, sheep, goats, llamas, rabbits, fur-bearing animals, fish, or emus and similar birds subject to the following conditions:
a.
This use shall not include feeder lots for horses, cattle, sheep, or goats.
b.
Areas devoted to the raising of fowl (chicken, turkeys, etc.) shall be located at least one hundred feet from a property line which is contiguous with a residentially developed lot or parcel.
3.
Group home for the handicapped, provided that:
a.
No such home is located on a lot with a property line within one thousand three hundred twenty feet, measured in a straight line in any direction, of the lot line of another such group home;
b.
Such home contains more than five but not more than ten residents, not including staff; and
c.
Such home is registered with, and administratively approved by, the Zoning Administrator as to compliance with the standards of this Section as provided in Section 701.
4.
Office, administrative or professional, as limited by the development standards of Section 649.G.1.
5.
Plant nursery, wholesale or retail, provided that:
a.
Any bulk or hardscape materials are stored in contained areas or bins on the interior of the site; only plant materials shall be stored on the perimeter, adjacent to the required setbacks;
b.
Boxing of plants and other similar processing shall be screened and shall not occur on the perimeter of the site, adjacent to the required setbacks;
c.
Sales may include garden-related items including, but not limited to, fertilizers, pest and weed control items, gardening implements, and garden furniture.
6.
Raising, harvesting, and selling of field, tree, or bush crops, including flowers.
7.
Residential development, provided that:
a.
The density for clustered development shall not exceed two dwelling units per acre with development clustered on no more than fifty percent of the site; and
b.
The density for non-clustered/traditional development shall not exceed one dwelling unit per net acre.
8.
Restaurant, provided that outdoor dining by right shall not be located within three hundred feet of a residential use or zoning district.
9.
Retail sales of agricultural products, including farmer's market, with sale of handcrafted items as an accessory use.
10.
Riding academy or stable, public or private, subject to the following conditions:
a.
The use shall locate on a lot or parcel of not less than ten acres; and
b.
Every structure sheltering animals shall be set back at least one hundred feet from every lot line.
11.
School, public and private, provided that:
a.
The school is located on collector or arterial street; and
b.
The school offers a curriculum which is:
(1)
General instruction comparable to public schools; or
(2)
Agricultural; or
(3)
Higher education; or
(4)
Preschool.
1.
AGRICULTURAL CROPS, RAISING, HARVESTING, AND INDOOR/OUTDOOR RETAIL SALES
2.
AVIARY
3.
ART SUPPLIES, RETAIL SALES
4.
ART GALLERY and studio
5.
ANTIQUE SHOP
6.
BAKERY, RETAIL SALES
7.
BANK AND TRUST COMPANIES
8.
BARBER AND BEAUTY SHOPS
9.
BICYCLE SHOP, NEW AND USED, RETAIL SALES AND REPAIRS
10.
BOOK AND MAGAZINE, RETAIL SALES
11.
BUTCHER SHOP (NO SLAUGHTERING)
12.
CAMERA SHOP, RETAIL SALES AND REPAIR
13.
CANDY SHOP, RETAIL SALES
14.
CIGAR STORE
15.
COIN AND STAMP DEALERS
16.
CLOTHING, RETAIL SALES
17.
EQUESTRIAN STABLE, COMMERCIAL INCLUDING BOARDING AND INSTRUCTION, SUBJECT TO THE FOLLOWING CONDITIONS:
a.
MINIMUM LOT SIZE OF TEN ACRES; AND
b.
MINIMUM PERIMETER SETBACK OF ONE HUNDRED FEET FOR ALL ANIMAL SHELTERING BUILDINGS.
18.
FARMER'S MARKET
19.
FARMS, INCLUDING DAIRIES, DEVOTED (AS APPLICABLE) TO HATCHING, RAISING, BREEDING, AND MARKETING OF FOWLS, HORSES, DOGS, SHEEP, GOATS, COWS, LLAMAS, RABBITS, FUR-BEARING ANIMALS, AND FISH SUBJECT TO THE FOLLOWING CONDITIONS:
a.
THIS USE SHALL NOT INCLUDE COMMERCIAL FEEDER LOTS.
b.
AREAS DEVOTED TO THE RAISING OF FOWL SHALL BE LOCATED AT LEAST ONE HUNDRED FEET FROM ANY PROPERTY LINE WHICH IS CONTIGUOUS WITH A RESIDENTIALLY ZONED LOT OR PARCEL.
c.
THE TOTAL SITE AREA SHALL NOT EXCEED 10 ACRES.
20.
FEED, RETAIL SALES
21.
FINE ART, INSTRUCTION
22.
FISH, RETAIL SALES
23.
FLORIST, RETAIL SALES AND WHOLESALE
24.
grocery, retail sales
25.
furniture, retail sales
26.
group home for the handicapped, provided that:
a.
no such home is located on a lot with a property line within one thousand three hundred twenty feet, measured in a straight line in any direction, of the lot line of another such group home;
b.
such home contains more than five but not more than ten residents, not including staff; and
c.
such home is registered with, and administratively approved by, the zoning administrator as to compliance with the standards of this section as provided in section 701.
27.
craft studio, retail sales and handcrafting of: textiles, pottery, glass blowing, jewelry, wood, leather, and photography
28.
health club
29.
hobby and craft PRODUCTS, Retail sales
30.
home furnishing, retail sales
31.
household appliance, retail sales and repair
32.
ice cream shop
33.
jeweler, retail sales and repair
34.
music instruction, musical instrument repair and retail sales
35.
office, administrative or professional
36.
pet store, retail sales
37.
pharmacy
38.
photographic developing and printing
39.
photographic equipment and supplies, retail sales
40.
picture framing
41.
places of worship
42.
plant nursery, wholesale or retail Sales, provided that:
a.
any bulk or hardscape materials shall be stored in contained areas or bins and not be visible from the public right-of-way.
b.
boxing of plants and other similar processing shall not be visible from the public right-of-way.
c.
sales may include garden-related items including, fertilizers, pest and weed control items, gardening implements, and garden furniture.
43.
residential
44.
restaurant, provided that:
a.
music and entertainment is limited to recorded music or one entertainer
b.
ENTRANCES TO THE RESTAURANT SHALL BE FROM THE SIDE OF THE RESTAURANT WHICH DOES NOT FACE A CONTIGUOUS RESIDENTIALLY ZONED PROPERTY, INCLUDING UNDEVELOPED OR RESIDENTIALLY DEVELOPED R-5 PARCELS, ON THE SAME BLOCK, AND SIDE OF THE STREET AS THE RESTAURANT. FOR THE PURPOSE OF APPLYING THIS PROVISION, PROPERTY SEPARATED BY A RIGHT-OF-WAY OF TWENTY (20) FEET OR LESS IN WIDTH SHALL BE CONSIDERED CONTIGUOUS.
45.
saddlery and tack shops, custom crafting and retail sales
46.
schoOL, PUBLIC, PAROCHIAL, AND INSTITUTIONS OF HIGHER EDUCATION
47.
school, commercial
48.
veterinary office and hospital
49.
veterinary supplies, wholesale and retail Sales
50.
vineyard, production and retail sales
51.
Window treatment and UPHOLSTERY CUSTOM fabrication and retail sales
D.
Permitted Accessory Uses. Land in the MUA district may be used as permitted accessory uses and structures, incidental to and on the same zoning lot as the primary use, for the following uses:
1.
Amateur communication tower.
2.
Dependent care facility for six dependents, subject to the following conditions:
a.
Resident dependents under the age of twelve years shall not be counted when they are present on the premises.
b.
Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
c.
There shall be no employees who do not reside at the site unless required by the Arizona Department of Health Services.
d.
If a swimming pool is on the site, it shall be screened in accordance with Section 1109 of the Building Construction Code.
e.
Smoke detectors shall be installed in the house in accordance with Section 1210(A) of the Building Construction Code.
3.
Fences and walls.
4.
Game court, unlighted.
5.
Garage/enclosed storage.
6.