Attachment A - Draft Ordinance - Z-71-19-7.pdf
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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
(Z-71-19-7) FROM C-3 (GENERAL COMMERCIAL) TO C-3
DNS/WVR (GENERAL COMMERCIAL, DENSITY WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.74 acre property located approximately
250 feet east of the southeast corner of Grand Avenue and Encanto Boulevard, in a
portion of Section 36, Township 2 North, Range 2 East, as described more specifically
in Exhibit “A,” is hereby changed from “C-3” (General Commercial) to “C-3 DNS/WVR”
(General Commercial, Density Waiver).
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:
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE
FINAL, ADOPTED ORDINANCE.
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Ordinance G-
1.
The development shall utilize the standards contained in R-3 (Multifamily
Residence District) zoning development standards with the following exceptions,
as approved or modified by the Planning and Development Department.
a.
Density shall be limited to the Planned Residential Development Option of
the R-3A (Multifamily Residence District, Planned Residential District)
zoning standards.
b.
Perimeter landscape planting standards shall be installed and maintained
in accordance with C-3 (General Commercial) zoning standards regarding
plant type, size, and quantity. Trees shall be placed in proximity to public
sidewalks to provide enhanced thermal comfort.
2.
The public sidewalk along Encanto Boulevard shall be detached with a minimum
five-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
consistent 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.
3.
The parking lot area, including parking spaces and vehicular maneuvering areas,
shall be shaded to a minimum 25 percent at plant maturity. Any trees located
within the perimeter of the parking lot area shall be large canopy shade with a
minimum 2-inch caliper. The above standards shall be approved by the Planning
and Development Department.
4.
The developer shall provide Inverted-U bicycle racks at a rate of 0.25 spaces per
dwelling unit up to a maximum of 50 spaces, as approved by the Planning and
Development Department.
5.
All new dwelling units located within 30 feet of Encanto Boulevard shall
incorporate at least one of the following elements, as approved or modified by the
Planning and Development Department:
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Ordinance G-
a.
A patio or porch oriented to Encanto Boulevard and designed to maintain
consistency with the design characteristics of the existing historical
structures on the site. Porches and patios shall have visual or physical
access to the public sidewalk along Encanto Boulevard.
b.
Windows and/or balconies with visual access to the public sidewalk along
Encanto Boulevard.
6.
No solid perimeter wall greater than 36 inches in height shall be permitted
between the plane of the buildings and the Encanto Boulevard right-of-way.
7.
The developer shall provide a system of 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 which provide direct connections between all building entrances
and exits and all public sidewalks, as approved or modified by the Planning and
Development Department.
8.
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.
9.
The property owner shall record documents that disclose the existence, and
operational characteristics of Sky Harbor International Airport 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 reviewed
and approved by the City Attorney.
10.
If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
11.
If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
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Ordinance G-
12.
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.
13.
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 7th day of October,
2020.
________________________________
MAYOR
ATTEST:
____________________________
Denise Archibald, City Clerk
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Ordinance G-
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:__________________________________
Julie Kriegh, Chief Assistant City Attorney
REVIEWED BY:
______________________________
Ed Zuercher, City Manager
Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)
PL:tml:LF20-2396:10-7-2020:2211622v1
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Ordinance G-
EXHIBIT A
LEGAL DESCRIPTION FOR Z-71-19-7
THAT PORTION OF TRACT NO. 15 OF STATE PLAT NO. 3 IN SECTION 36
TOWNSHIP 2 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, AS PER MAP RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA IN BOOK 8 OF MAPS, PAGE 31
THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID TRACT NO. 15, AND
RUN THENCE SOUTH 45 DEGREES 04 MINUTES EAST, A DISTANCE OF 185
FEET;
THENCE NORTH 38 DEGREES 34 MINUTES EAST, A DISTANCE OF 411.68 FEET
TO A POINT OF THE NORTH LINE OF SAID TRACT NO. 15;
THENCE NORTH 86 DEGREES 56 MINUTES WEST, A DISTANCE OF 258.80 FEET
TO THE CORNER OF SAID TRACT NO. 15:
THENCE SOUTH 31 DEGREES 54 MINUTES WEST, A DISTANCE OF 242.38 FEET
TO THE POINT OF BEGINNING;
EXCEPT A STRIP OF LAND BEING 185.00 FEET LONG, 12.00 FEET WIDE, LYING
EASTERLY OF, ADJOINING, ADJACENT AND PARALLEL TO THE 33.00 FEET
RIGHT OF WAY LINE ON THE EASTERLY SIDE OF THE PHOENIX-GLENDALE
HIGHWAY, KNOWN AS GRAND AVENUE HIGHWAY, AS CONVEY TO THE STATE
OF ARIZONA, BY THAT CERTAIN DEED RECORDED IN BOOK 286 OF DEEDS,
PAGE 314, RECORDS OF MARICOPA COUNTY ARIZONA
AND EXCEPT ANY PORTION LYING WITHIN THE FOLLOWING DESCRIBED
PARCELS:
THAT PORTION OF TRACT NO. 15 OF STATE PLAT NO.3, IN SECTION 36,
TOWNSHIP 2 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, ACCORDING TO THE MAP OF RECORD IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, IN BOOK 8 OF MAPS,
PAGE 31, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EXISTING SOUTHERLY RIGHT OF WAY LINE
OF ENCANTO BOULEVARD WHICH POINT IS COINCIDENT TO THE
NORTHWESTERLY CORNER OF SAID TRACT NO. 15;
THENCE SOUTH 86 DEGREES 51 MINUTES 49 SECONDS EAST (SOUTH 86
DEGREES 56 MINUTES 00 SECONDS EAST RECORDED) ALONG THE LINE
COMMON TO SAID TRACT NO. 15 AND ENCANTO BLVD., A DISTANCE OF
259.45 FEET (258.80 FEET RECORDED) TO THE NORTHEASTERLY CORNER OF
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Ordinance G-
THAT CERTAIN PROPERTY CONVEYED TO ELLA MCCARTY, A WIDOW AND FAY
VARBEL, A WIDOW BY WARRANTY DEED DATED JULY 11, 1951 AND
RECORDED IN DOCKET 784, PAGE 194, RECORDS OF SAID COUNTY;
THENCE SOUTH 38 DEGREES 36 MINUTES 03 SECONDS WEST (SOUTH 38
DEGREES 34 MINUTES 00 SECONDS WEST RECORDED) ALONG THE
SOUTHEASTERLY LINE OF SAID MCCARTY AND VARBEL PROPERTY, A
DISTANCE OF 50.01 FEET;
THENCE FROM A LOCAL TANGENT BEARING OF NORTH 84 DEGREES 35
MINUTES 13 SECONDS WEST, ALONG THE ARC OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 707.07 FEET, A DISTANCE OF 111.82 FEET
THENCE NORTH 75 DEGREES 31 MINUTES 33 SECONDS WEST, A DISTANCE OF
1.16 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
641.07 FEET A DISTANCE 127.37 FEET TO THE WESTERLY LINE OF SAID TRACT
NO. 15;
THENCE NORTH 32 DEGREES 03 MINUTES 53 SECONDS EAST (NORTH 31
DEGREES 54 MINUTES 00 SECONDS EAST RECORDED) ALONG SAID
WESTERLY LINE, A DISTANCE OF 18.12 FEET TO THE POINT OF BEGINNING;
AND EXCEPT A PARCEL OF LAND SITUATED IN TRACT 15 OF STATE PLAT NO.
3 IN SECTION 36 TOWNSHIP 2 NORTH RANCH 2 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, PER MAP
RECORDED IN THE OFFICE OF THE MARICOPA COUNTY RECORDER IN BOOK
8 OF MAPS PAGE 31, LYING WITHIN THE RIGHT-OF-WAY OF PHOENIX-GLOBE
STATE HIGHWAY AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY
LINE OF EXISTING GRAND AVENUE (U.S. HIGHWAY 60-70-89) WITH THE
NORTHWESTERLY LINE OF SAID TRACT 15;
THENCE SOUTH 44 DEGREES 34 MINUTES 30 SECONDS EAST (SOUTH 44
DEGREES 44 MINUTES 00 SECONDS EAST RECORDED) A DISTANCE OF 185.36
FEET;
THENCE NORTH 38 DEGREES 36 MINUTES 03 SECONDS EAST (NORTH 38
DEGREES 34 MINUTES 00 SECONDS EAST RECORDED) A DISTANCE OF 28.26
FEET:
THENCE NORTH 44 DEGREES 34 MINUTES 30 SECONDS WEST, A DISTANCE
OF 188.61 FEET TO THE NORTHWESTERLY LINE OF SAID TRACT NO. 15:
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Ordinance G-
THENCE SOUTH 32 DEGREES 10 MINUTES 35 SECONDS WEST (SOUTH 31
DEGREES 54 MINUTES 00 SECONDS WEST RECORDED) ALONG SAID
NORTHWESTERLY LINE A DISTANCE OF 28.83 FEET TO THE POINT OF
BEGINNING;
AND EXCEPT ANY PORTION LYING WITHIN THE EXISTING RIGHT OF WAY OF
GRAND AVENUE;
AND ALSO EXCEPT THAT PORTION AS SHOWN IN THE FINAL ORDER OF
CONDEMNATION RECORDED IN DOCUMENT NO. 2012-1057300, RECORDS OF
MARICOPA COUNTY ARIZONA
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Ordinance G-
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