Attachment A - Draft Ordinance - Z-53-25-7.docx
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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 (CASE Z-53-25-7) FROM R-5 SPVTABDO
(MULTIFAMILY RESIDENCE DISTRICT—RESTRICTED
COMMERCIAL, SOUTH PHOENIX VILLAGE AND TARGET AREA
B DESIGN OVERLAY), C-1 SPVTABDO (NEIGHBORHOOD
RETAIL, SOUTH PHOENIX VILLAGE AND TARGET AREA B
DESIGN OVERLAY), C-3 SPVTABDO (GENERAL COMMERCIAL,
SOUTH PHOENIX VILLAGE AND TARGET AREA B DESIGN
OVERLAY), AND P-1 SPVTABDO (PASSENGER AUTOMOBILE
PARKING, LIMITED, SOUTH PHOENIX VILLAGE AND TARGET
AREA B DESIGN OVERLAY) TO WU CODE T5:6 SPVTABDO
(WALKABLE URBAN CODE, TRANSECT 5:6 DISTRICT, SOUTH
PHOENIX VILLAGE AND TARGET AREA B DESIGN OVERLAY).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.53-acre site located at the southeast
corner of Central Avenue and Broadway Road in a portion of Section 29, Township 1
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed
from 0.70-acres of “R-5 SPVTABDO” (Multifamily Residence District—Restricted
Commercial, South Phoenix Village and Target Area B Design Overlay), 0.17-acres of
“C-1 SPVTABDO” (Neighborhood Retail, South Phoenix Village and Target Area B
Design Overlay), 4.38 acres of “C-3 SPVTABDO” (General Commercial, South Phoenix
Village and Target Area B Design Overlay), and 0.28-acres of “P-1 SPVTABDO”
(Passenger Automobile Parking, Limited, South Phoenix Village and Target Area B
Design Overlay) to “WU Code T5:6 SPVTABDO” (Walkable Urban Code, Transect 5:6
District, South Phoenix Village and Target Area B Design Overlay).
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 maximum building height shall not exceed 56 feet, except that the maximum
building height may be increased to 80 feet, subject to a minimum of 30% of the
dwelling units are provided as Affordable Housing, as approved by the Planning
and Development Department and Housing Department.
2.
The development shall contain a vertical mix of land uses such as residential and
nonresidential uses, as approved by the Planning and Development Department.
A minimum of 4,000 square feet of non-residential uses shall be provided along
Central Avenue and shall not include lobby, exercise, reception areas or other
similar uses intended for exclusive use by residents.
3.
The development shall utilize the storefront, gallery, arcade, or forecourt
frontages, or a combination thereof, per the requirements of Section 1305.B.
along Central Avenue.
4.
The ground floor of the building at the northwestern corner of the site shall be
enhanced with angled or rounded building corners, as approved by the Planning
and Development Department.
5.
The building height shall not exceed 30 feet within 35 feet of the east property
line, as approved by the Planning and Development Department.
6.
The conceptual site plan, landscape plan, and elevations for future development
of the site shall be reviewed and approved by the Planning Hearing Officer
through the public hearing process, including review by the South Mountain
Village Planning Committee, for stipulation modification prior to preliminary site
plan approval. This is a legislative review for conceptual purposes only. Specific
development standards and requirements will be determined by the Planning
Hearing Officer and the Planning and Development Department.
7.
The required paseo shall be provided, as described below and as approved by
the Planning and Development Department.
a.
The required paseo shall be no closer than 200 feet from Central Avenue
and 2nd Street.
b.
The required paseo shall connect to the sidewalks along Broadway Road
and Corona Avenue.
8.
A minimum of two 1,000 square foot plazas shall be provided, as described
below and as approved or modified by the Planning and Development
Department.
a.
A minimum of one plaza shall be located along the required paseo.
b.
A minimum of one plaza shall be located at the northwest corner of the
site.
c.
The plazas shall contain a minimum of one artistic enhancement.
9.
Bicycle infrastructure shall be provided, as described below and as approved by
the Planning and Development Department.
a.
A bicycle repair station (“fix-it station”) shall be provided and maintained
near secure bicycle parking areas and separated from vehicular
maneuvering areas, where applicable.
b.
All required bicycle parking for multifamily use, per Section 1307.H.6.d of
the Phoenix Zoning Ordinance, shall be secured parking.
c.
Guest bicycle parking shall be provided at a minimum of 0.05 spaces per
unit with a maximum of 50 spaces near entrances of buildings and
installed per the requirements of Section 1307.H. of the Phoenix Zoning
Ordinance.
d.
A minimum of 3 percent of the provided bicycle parking spaces shall
include standard electrical receptacles for electric bicycle charging
capabilities.
10. A minimum of 3 percent of the required parking spaces shall include EV-Capable
infrastructure.
11. A minimum of four bioswales shall be implemented, per the Greater Phoenix
Metro Green Infrastructure and Low Impact Development Details for Alternative
Stormwater Management, as approved or modified by the Planning and
Development and/or Street Transportation departments.
12. Natural turf shall only be utilized for required retention areas (bottom of basin,
and only allowed on slopes if required for slope stabilization) and functional turf
areas located on properties for uses such as residential common areas, as
approved by the Planning and Development Department.
13. Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the Water Efficiency Checkup
program for a minimum of 10 years, or as approved by the Planning and
Development Department.
14. A minimum 50 feet of right-of-way shall be dedicated and constructed for the
south side of Broadway Road.
15. The sidewalk along Broadway Road shall be a minimum of 8 feet in width and
detached with a minimum 10-foot-wide landscape strip located between the
sidewalk and back of curb, and planted to the following standards, as approved
by the Planning and Development Department.
a.
Minimum 2-inch caliper, single-trunk, large canopy, shade trees planted
20 feet on center, or in equivalent groupings.
b.
Shrubs, accents and vegetative groundcovers with a maximum mature
height of two feet evenly distributed throughout the landscape area to
achieve a minimum of 75% live coverage.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment for installing the required plants.
16. The sidewalk along Corona Avenue and 2nd Street shall be a minimum of 5 feet
in width and detached with a minimum 5-foot-wide landscape strip located
between the sidewalk and back of curb, and planted with minimum 2-inch caliper,
single-trunk, large canopy, shade trees planted 20 feet on center, or in equivalent
groupings, 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 for installing the required plants.
17. Prior to preliminary site review, a Traffic Impact Analysis shall be submitted to
and accepted by the Street Transportation Department. All mitigation
improvements shall be constructed and/or funded as identified in the accepted
Traffic Impact Analysis.
18. Replace unused driveways with sidewalk, curb, and gutter. Also, replace any
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and
upgrade all off-site improvements to be in compliance with current ADA
guidelines.
19. 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.
20. The property owner shall record documents that disclose the existence, and
operational characteristics of the Phoenix Sky Harbor 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.
21. The eastbound bus bay and pad on Broadway Road east of Central Avenue shall
be retained.
22. 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.
23. 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.
24. 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.
25. Prior to final 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 15th day of October,
2025.
________________________________
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 (2 pages)
B – Ordinance Location Map
EXHIBIT A
LEGAL DESCRIPTION FOR Z-53-25-7
Section: 29 Township: 1N Range: 3E
APN 113-33-001A - Parcel No. 6B
The North 65 feet of Lot 1, CORONA ACRES, according to the plat of record in the
office of the County Recorder of Maricopa County, Arizona, in Book 10 of Maps at page
28; EXCEPT that part thereof lying Westerly of a line which is parallel with and 50 feet
Easterly of the monument line of Central Avenue; and EXCEPT that part thereof lying
Northerly of the line described as follows: COMMENCING at the intersection of said
parallel line and the South line of the North 7 feet of said Lot 1; thence Southerly along
said parallel line a distance of 14 feet to the POINT OF BEGINNING; thence
Northeasterly, along a line which extends to a point on said South 1line which is 14 feet
Easterly of the POINT OF COMMENCEMENT, to a line, designated herein as Line "A",
which extends from the Southwest corner of the North 9 feet of said Lot 1 to the
Southeast corner of the North 7 feet thereof; thence Easterly along said Line "A" to said
Southeast corner and the terminus of the line described herein.
APN 113-33-002 - Parcel No. 5B
The South 100 feet of the North 165 feet of lot 1, CORONA ACRES, according to the
plat of record in the office of the County Recorder of Maricopa County Arizona, in Book
10 of Maps at page 28; EXCEPT that part thereof lying Westerly of a line which is
parallel with and 50 feet Easterly of the monument line of Central Avenue.
APN 113-33-006A - Parcel No. 4B
That part of lot 1, CORONA ACRES, according to the plat of record in the office of the
County Recorder of Maricopa County, Arizona, in Book 10 of Maps at page 28, lying
South of the line described as follows: BEGINNING at a point on the West line of said
Lot 1 which bears South a distance of 165.0 feet from the Northwest corner thereof;
thence East to the East line of said Lot 1 and the terminus of the line described herein;
TOGETHER WITH that part of Lot 2 in said CORONA ACRES lying South of the South
1ine of the North 165 feet thereof; EXCEPT that part of said Lot 1 lying Westerly of a
line which is parallel with and 50 feet Easterly of the monument line of Central Avenue;
and EXCEPT that part of said Lot 1 described as following: BEGINNING at the
intersection of the South line of said Lot 1 and said parallel line; thence Easterly along
said South line a distance of 7 feet; thence Northwesterly to a point on said parallel line
which is 7 feet Northerly of the POINT OF BEGINN1NG; thence Southerly to the POINT
OF BEGINNING.
APN 113-33-007(D)(B)(E) - Lot 3
Lot 3, and the North 165 feet of Lot 2, CORONA ACRES, according to the plat of record
in the office of the County Recorder of Maricopa County, Arizona, in Book 10 of Maps at
page 28; EXCEPT the North 7 feet thereof.
APN 113-33-009 and 113-33-008B - Lot 4
Lot Four (4), CORONA ACRES, according to the plat of record in the office of the
County Recorder of Maricopa County,Arízona, in Book 10 of Maps, page 28; EXCEPT
the North 7 feet thereof.
APN 113-33-010B - Lot 5
Lot Five (5), of CORONA ACRES, according to the plat of record in the office of the
County Recorder, Maricopa County, Arizona, in Book 10 of Maps, page 20. EXCEPT
the North 7 feet thereof, and; EХCЕРТ the East 18 feet thereof, and; EXCEPT that
portion of said Lot Five (5) described as follows BEGINNING at the intersection of the
South line of said North 7 feet and the West line of said East 18 feet; Thence Southerly
along the West line of said East 18 feet, a distance of 10 feet; Thence Northwesterly to
a point on the south line of said North 7 feet which is 10 feet West of the POINT OF
BEGINNING. Thence East of the South line of said North 7 feet, a distance of 10 feet to
the POINT OF BEGINNING.